BILL NUMBER: SB 85 CHAPTERED
BILL TEXT
CHAPTER 178
FILED WITH SECRETARY OF STATE AUGUST 24, 2007
APPROVED BY GOVERNOR AUGUST 24, 2007
PASSED THE ASSEMBLY JULY 20, 2007
PASSED THE SENATE AUGUST 21, 2007
AMENDED IN ASSEMBLY JULY 19, 2007
AMENDED IN ASSEMBLY JULY 16, 2007
INTRODUCED BY Committee on Budget and Fiscal Review
JANUARY 17, 2007
An act to add Section 1940 to the Fish and Game Code, to amend
Section 12536 of, and to amend and repeal Sections 12846 and 12846.5
of, the Food and Agricultural Code, to add Chapter 4 (commencing with
Section 12890) to Part 2.5 of Division 3 of Title 2 of the
Government Code, to amend Sections 25173.7, 25174, and 25330.4 of,
and to amend and repeal Section 25330.6 of, the Health and Safety
Code, to amend Sections 5818.1, 5818.2, and 32580 of, and to add
Sections 716, 5003.19, 5096.829, 5096.954, 5096.955, and 14317 to,
the Public Resources Code, and to add Section 142 to the Water Code,
relating to the environment, making an appropriation therefor, and
declaring the urgency thereof, to take effect immediately.
LEGISLATIVE COUNSEL'S DIGEST
SB 85, Committee on Budget and Fiscal Review. Environment.
(1) Existing law establishes the Significant Natural Areas
Program, administered by the Department of Fish and Game, which
requires the department to maintain, expand, and keep current a data
management system, designated the California Natural Diversity Data
Base, designed to document information on natural resources.
Through the Vegetation Classification and Mapping Program, the
department facilitates and oversees efforts to develop accurate and
scientifically defensible maps and classifications of vegetation and
habitat throughout the state to support conservation and management
decisions at the local, regional, and state level.
The department has entered into a memorandum of understanding with
other state and federal agencies to establish a cooperative
vegetation and habitat mapping initiative to facilitate statewide
joint data collection and processing, establish common mapping and
classification standards across all ownership, and provide timely
response to both state and federal information and analytical
requirements.
This bill would require the department to undertake the
development of a vegetation mapping standard for the state, in
consultation with interested stakeholders. The bill would specify
components of the standard. The bill would require the department to
submit a report to the budget committee of each house of the
Legislature, no later than January 10, 2008, that would provide the
mapping standard and related information. The bill would authorize
the department to adopt regulations to implement these provisions.
(2) Existing law creates the Food Safety Account within the
Department of Pesticide Regulation Fund, the funds in which may be
expended, upon appropriation by the Legislature for pest management
research purposes, to carry out the recommendations of the pest
management advisory committee.
This bill would provide that transfers of moneys from the
Department of Pesticide Regulation Fund to the Food Safety Account
shall cease on June 30, 2007, and that, as of June 30, 2009, the Food
Safety Account shall cease to exist. At that time, any balance in
the account, or any outstanding liabilities and encumbrances of the
account, shall be transferred to, or become those of, the Department
of Pesticide Regulation Fund, as specified. The bill would authorize
funds in the Department of Pesticide Regulation Fund to be expended
instead, upon appropriation, for pest management grants. This bill
would make other conforming changes.
(3) The Environmental Cleanup and Fee Reform Act of 1997 creates
the Toxic Substances Control Account in the General Fund. Specified
charges imposed on corporations handling hazardous materials are
required to be deposited in that account. Existing law expresses the
Legislature's intent that $500,000 in that account should be
appropriated in the annual Budget Act for the administration and
collection of those charges.
This bill would instead declare that an amount should be
appropriated in the annual Budget Act that does not exceed the costs
incurred by the State Board of Equalization, a private party, or
other public agency, to administer and collect those charges.
Existing law requires that the revenues from specified fees and
charges imposed upon the management of hazardous waste be deposited
into the Hazardous Waste Control Account in the General Fund. The
money in that account may be appropriated to the Department of Toxic
Substances Control for allocation to the State Board of Equalization
to pay refunds of specified fees.
This bill would provide that the department may also allocate
appropriated funds to the board for the administration and collection
of hazardous waste fees that are deposited into the Hazardous Waste
Control Account.
(4) Under existing law, the funds in the Toxic Substances Control
Account in the General Fund may be appropriated to the Department of
Toxic Substances Control for specified purposes, including the
payment of the costs of removal and remedial action incurred by the
state in response to a release of hazardous substances. The
Controller is required to establish a separate subaccount in the
Toxic Substances Control Account for any funds received from a
settlement agreement for a removal or remedial action to be performed
at a specific site. Existing law also establishes the Stringfellow
Insurance Proceeds Account (Stringfellow Account) in the State
Treasury and requires specified insurance funds recovered in
connection with the Stringfellow Superfund Site in Riverside County
be deposited in that account. The funds deposited in the Springfellow
Account are available for expenditure, upon appropriation by the
Legislature, for activities related to the Stringfellow Superfund
Site to fulfill a specified agreement.
This bill would require the funds in the Stringfellow Insurance
Proceeds Account to be expended to carry out the 2002 Consent Decree.
The Stringfellow Account would become inoperative on July 1, 2013. A
subaccount, operative on July 1, 2013, would be created in the state
account as the successor fund to the Stringfellow Account. All
assets, liabilities, and surplus in the Stringfellow Account would be
transferred to, and become a part of, that subaccount. All
appropriations made from the Stringfellow Account, to the extent
encumbered, would continue to be available from the subaccount for
expenditure for the same purposes and periods.
(5) The California Global Warming Solutions Act of 2006 requires
the State Air Resources Board to adopt regulations to require the
reporting and verification of emissions of greenhouse gases and to
monitor and enforce compliance with the reporting and verification
program, and requires the state board to adopt a statewide greenhouse
gas (GHG) emissions limit equivalent to the statewide GHG emissions
levels in 1990 to be achieved by 2020. The act requires the state
board to adopt rules and regulations in an open public process to
achieve the maximum technologically feasible and cost-effective GHG
emission reductions. The act requires all state agencies to consider
and implement strategies to reduce their GHG emissions.
This bill would require specified state agencies to prepare and
submit to the Secretary for Environmental Protection, in a
standardized format as determined by the California Environmental
Protection Agency, specified information relating to the state agency'
s GHG emissions, including a list of measures adopted and implemented
by the agency to meet any GHG emission reduction targets, as
defined, and a status report on GHG emissions reduced as a result of
these measures. The California Environmental Protection Agency would
be required to provide that information on its Internet Web site in
the form of a state agency greenhouse gas emission reduction report
card.
The bill would require that funds appropriated to the State Air
Resources Board pursuant to Item 3900-001-0115 of the Budget Act of
2007, and used for market-based compliance mechanisms to be expended
solely for the assessment and evaluation of potential market based
compliance mechanisms, and not for adoption of implementation of
those mechanisms, until the State Air Resources Board has taken
specified actions and would require these funds to be spent to assess
and evaluate all potential market-based compliance mechanisms.
(6) Existing law authorizes the Department of Finance, until
January 1, 2009, to delegate to the Department of Parks and
Recreation the right to exercise the same authority granted to the
Division of the State Architect and the Real Estate Services Division
in the Department of General Services, to plan, design, construct,
and administer contracts and professional services for legislatively
approved capital outlay projects. Existing law authorizes the
Department of Finance to revoke that delegation at any time before
January 1, 2009.
This bill would authorize the Department of Finance to delegate to
the Department of Forestry and Fire Protection the right to exercise
that same authority, and would authorize the Department of Finance
to revoke the delegation at any time.
(7) Under existing law, the Department of Parks and Recreation is
required to operate, manage, and maintain units of the state park
system. Existing law regulates the sale of surplus state property.
This bill would authorize the Director of the Department of Parks
and Recreation to grant to the City of Santa Cruz, subject to
specified conditions, all of the rights, title, and interest of the
State of California in approximately 37.6 acres, known as Lighthouse
Field State Beach, in the County of Santa Cruz. The bill would
require that the real property conveyed be operated, maintained, and
improved by the City of Santa Cruz for park purposes. The bill would
require Attorney General review and approval of the deposit of the
net proceeds from the transfer.
(8) The Disaster Preparedness and Flood Prevention Bond Act of
2006, a bond act approved by the voters at the November 7, 2006,
statewide general election, authorizes the issuance of bonds in the
amount of $4,090,000,000 for the purposes of financing disaster
preparedness and flood prevention projects. The act makes available,
upon appropriation to the Department of Water Resources,
$3,000,000,000 for purposes relating to the State Plan of Flood
Control and reducing the risk of levee failure in the Sacramento-San
Joaquin Delta.
This bill would require the department, beginning November 1,
2007, and quarterly thereafter until funds are liquidated, to prepare
and submit to the Joint Legislative Budget Committee a report that
includes prescribed information relating to the expenditure of that
$3,000,000,000. The department would be required to adopt emergency
regulations to implement a specified provision of the Water Code that
governs the payment of certain nonfederal costs associated with a
federal-state flood control project. The bill would prohibit the
department from requiring a local cost-share for certain specified
levee evaluations.
(9) Existing law establishes the Coastal Wetlands Fund in the
State Treasury and requires the fund to be an interest-bearing fund
administered by the Department of Fish and Game. Existing law
prohibits the principal of the Coastal Wetlands Fund from being
expended, and requires the fund to be maintained so that the interest
earned on the fund provides a continuous funding source for wetlands
maintenance. Existing law requires that 60% of the interest
appropriated be allocated to the Department of Fish and Game for
maintenance of coastal wetlands owned by the department and that the
remaining 40% be allocated to the State Coastal Conservancy for
expenditure in the form of grants for maintenance of coastal wetlands
property owned by the state, a conservancy of the state, a local
government agency, or a nonprofit organization, as specified.
This bill would delete the prohibition regarding the expenditure
of the principal of that fund and would repeal the existing formula
for the allocation of the fund. The bill would instead authorize the
funds in the Coastal Wetlands Fund to be expended by the Department
of Fish and Game and the State Coastal Conservancy, upon
appropriation by the Legislature, for the maintenance of coastal
wetlands property owned by the state, a conservancy of the state, a
local government agency, or a nonprofit organization. The bill would
allow those funds to be expended in the form of grants.
(10) The California Clean Water, Clean Air, Safe Neighborhood
Parks, and Coastal Protection Bond Act of 2002, approved by the
voters as Proposition 40 on March 5, 2002, made $15,000,000 in bond
funds available for grants to local conservation corps for
acquisition and development of facilities to support local
conservation corps programs.
This bill would authorize the Sacramento Local Conservation Corps,
certified by the California Conservation Corps, to sell a certain
parcel located in Sacramento County that was purchased with a portion
of those bond funds. The bill would require the net proceeds from
the sale to be used only towards the purchase of another certain
parcel located within Sacramento County. The bill would also require
the sale to be at no less than fair market value and approved by the
California Conservation Corps, and the purchase to be at no more than
fair market value and also approved by the California Conservation
Corps.
The bill would require that any net proceeds from the sale of that
certain parcel in excess of the purchase price of the other certain
parcel shall revert to the California Clean Water, Clean Air, Safe
Neighborhood Parks, and Coastal Protection Fund, and would
appropriate that sum from the fund to the California Conservation
Corps for local assistance.
(11) Existing law establishes the Baldwin Hills Conservancy to
acquire and manage public lands within the Baldwin Hills area, and to
provide recreational, open space, wildlife habitat restoration and
protection, and lands for educational uses within the area. Existing
law provides that the conservancy will remain in effect until January
1, 2008.
This bill would extend the repeal date for the conservancy to
January 1, 2018.
(12) Under existing law, the Department of Water Resources
operates the State Water Project and exercises other functions
relating to the state's water resources. The department is authorized
to enter into contracts and agreements in connection with the State
Water Project. The California Global Warming Solutions Act of 2006
requires state agencies to consider and implement strategies to
reduce their greenhouse gas emissions.
Existing law authorizes the department to enter into contracts for
the purchase of electric power and to sell power to retail end-use
customers and, with specified exceptions, to local publicly owned
electric utilities at not more than the department's acquisition
costs. The department is prohibited from entering into new contracts
for the purchase of electric power on and after January 2, 2003, for
resale to retail end-use customers and to local publicly owned
electric utilities.
This bill would require the department to comply with the
greenhouse gas emission standards adopted by the Public Utilities
Commission for a local publicly owned electric utility, to use
reasonable, feasible, and cost-effective efforts to use energy
efficiently, and to increase its use of renewable energy in its water
operations and in its renegotiation of existing electricity
contracts for retail end-use customers and local publicly owned
electric utilities. On or before March 1, 2008, and at least once
every year thereafter until December 21, 2015, the department would
be required to report to the Legislature and the Governor on the
status of contracts it has for fossil fuel generated electricity and
its efforts to reduce its dependency on fossil fuels, and on changes
to the portfolio of existing energy contracts.
(13) The bill would declare that it is to take effect immediately
as an urgency statute.
Appropriation: yes.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 1940 is added to the Fish and Game Code, to
read:
1940. (a) The Department of Fish and Game shall undertake the
development of a vegetation mapping standard for the state.
(b) The development of a state vegetation mapping standard by the
department shall be done in consultation with interested
stakeholders, including, but not limited to, government agencies,
nongovernmental conservation organizations, landowners, agriculture,
recreation, scientific entities, and industry. Components of the
standard shall include the following:
(1) A published classification system for all natural and
seminatural vegetation communities present in California with
sufficient detail to meet the analytical needs of government and
nongovernment entities. The classification shall be consistent with
national standards adopted by the Federal Geographic Data Committee.
(2) Methods for field data collection, image interpretation, and
digital map production and attribution.
(3) Manuals, training materials, tools, and database structures
for use by parties interested in performing vegetation mapping
according to the standard.
(4) Documented methods for performing postproject accuracy
assessments to quantify that validity of the work. Private and public
landowners shall be given reasonable opportunity to review, and
comment on the accuracy of, the data collected on their lands.
(5) Mechanisms for integrating new map products that meet the
standard into a cohesive database with the intent of eventually
completing statewide coverage.
(c) The department shall submit a report to the budget committee
of each house of the Legislature no later than January 10, 2008,
providing its mapping standard and advising how the department will
ensure that its standard will be updated to reflect changing
technology and serve as the state's center of expertise on vegetation
mapping.
(d) The department may adopt regulations to implement this
section.
SEC. 2. Section 12536 of the Food and Agricultural Code is amended
to read:
12536. (a) The director, by regulation, shall establish a pest
management advisory committee, specifying, as appropriate, the scope
and purpose of its advisory role, membership requirements, and
operating procedures. The director, or his or her designee, shall
serve as chairperson of the committee and the secretary, or his or
her designee, shall serve as vice chairperson of the committee. At a
minimum, the committee shall assist the department in identifying,
facilitating, and promoting environmentally sound pest management
practices and pest management systems.
(b) Funds in the Department of Pesticide Regulation Fund may be
expended, upon appropriation, for pest management grants, and upon
the joint decision of the chairperson and vice chairperson, to carry
out the recommendations of the pest management advisory committee.
SEC. 3. Section 12846 of the Food and Agricultural Code is amended
to read:
12846. (a) The Food Safety Account is hereby created in the
Department of Pesticide Regulation Fund. The funds in the account
shall be used, upon appropriation, for the purposes of Sections
12535, 12797, 12798, 12979, 13134 and 13135 of this code and Section
110495 of the Health and Safety Code.
(b) As of June 30, 2009, the Food Safety Account shall cease to
exist and any balance in the account shall revert to the Department
of Pesticide Regulation Fund. Any outstanding liabilities and
encumbrances of the Food Safety Account as of June 30, 2009, shall
become liabilities and encumbrances payable from the Pesticide
Regulation Fund.
(c) This section shall remain in effect until January 1, 2010, and
as of that date is repealed.
SEC. 4. Section 12846.5 of the Food and Agricultural Code is
amended to read:
12846.5. (a) Sufficient moneys from the Department of Pesticide
Regulation Fund, as determined by the Director of Pesticide
Regulation, shall be transferred to the Food Safety Account until
June 30, 2007, for the purposes of Section 12846, except that no fees
or assessments deposited into the fund shall be transferred to the
account and used for nonregulatory purposes.
(b) This section shall remain in effect until January 1, 2008, and
as of that date is repealed.
SEC. 5. Chapter 4 (commencing with Section 12890) is added to Part
2.5 of Division 3 of Title 2 of the Government Code, to read:
CHAPTER 4. STATE AGENCY GREENHOUSE GAS REDUCTION REPORT CARD
12890. The Legislature finds and declares all of the following:
(a) The California Global Warming Solutions Act of 2006 (Division
25.5 (commencing with Section 38500) of the Health and Safety Code)
requires all state agencies to consider and implement measures to
reduce their greenhouse gas emissions.
(b) Executive Order S-3-05 issued by the Governor on June 1, 2005,
commits state agencies to climate emission reduction targets as part
of overall state emission reduction targets.
(c) It is vital that state government lead by example in meeting
California's greenhouse gas emission requirements.
(d) The purpose of this chapter is to do all of the following:
(1) Ensure that state agencies consider and implement measures and
strategies under their authority to reduce their greenhouse gas
emissions in furtherance of the targets in the Climate Action Team
Report and the California Global Warming Solutions Act of 2006.
(2) Establish routine, quantified, verified, consistent, and
public reporting of those measures and their effectiveness in
reducing greenhouse gas emissions.
(3) Ensure that these reports and metrics are independently
audited and verified to achieve compliance.
12891. For the purposes of this chapter, the following terms have
the following meanings:
(a) "Agency" means the California Environmental Protection Agency.
(b) "Climate Action Team Report" means the report prepared
pursuant to Executive Order S-3-05 and submitted to the Governor and
the Legislature in March 2006.
(c) "GHG" means greenhouse gas as defined in subdivision (g) of
Section 38505 of the Health and Safety Code.
(d) "GHG emission reduction target" means a target established for
a state agency in the Climate Action Team Report, or a requirement
made applicable to that state agency by an action taken by the State
Air Resources Board pursuant to Division 25.5 (commencing with
Section 38500) of the Health and Safety Code.
(e) "Secretary" means the Secretary for Environmental Protection.
(f) "State agency" means a state agency listed in the Climate
Action Team Report, a state office, department, division, bureau,
board, or commission whose operations or programs result in
greenhouse gas emissions that are subject to Division 25.5
(commencing with Section 38500) of the Health and Safety Code, and
any other state agency listed in Section 12800, as determined by the
secretary.
12892. (a) On or before January 1, 2008, then on October 1, 2008,
and annually thereafter, each state agency shall prepare and submit
to the secretary in a standardized format as determined by the agency
both of the following:
(1) A list of those measures that have been adopted and
implemented by the state agency to meet GHG emission reduction
targets and a status report on actual GHG emissions reduced as a
result of these measures.
(2) A list and timetable for adoption of any additional measures
needed to meet GHG emission reduction targets.
(b) In order to reduce paperwork and workload, information
required to be submitted pursuant to this section may be submitted in
a standardized electronic format as determined by the agency.
(c) On or before March 1, 2008, and then on January 1, 2009, and
annually thereafter, the agency shall compile and organize the
information submitted pursuant to this section into a clear,
standardized format, and shall provide that information on the agency'
s Internet Web site in the form of a state agency greenhouse gas
emission reduction report card.
(d) The report card shall compare the actions taken and proposed
to be taken by individual state agencies and their projected annual
GHG emission reductions against the state agency GHG emission
reduction targets and statewide GHG emission reduction limits.
(e) Where appropriate, the report card shall include a statement
regarding the independent audits required by Section 12893.
12893. Not less than once every three years, each state agency
reporting pursuant to Section 12892 shall, to the extent funds are
available, conduct an independent audit in a standardized format
determined by the agency and verification of the actual and proposed
GHG emissions reductions achieved by that state agency in order to
ensure that the state agency is achieving GHG emission reduction
targets.
SEC. 6. Section 25173.7 of the Health and Safety Code is amended
to read:
25173.7. (a) It is the intent of the Legislature that funds
deposited in the Toxic Substances Control Account shall be
appropriated in the annual Budget Act each year in the following
manner:
(1) Not less than six million seven hundred fifty thousand dollars
($6,750,000) to the Site Remediation Account in the General Fund for
direct site remediation costs, as defined in Section 25337. The
amount specified in this paragraph shall be increased in any fiscal
year by the amount of increased revenues specified by the Legislature
in the Budget Act for that fiscal year pursuant to subdivision (g)
of Section 25205.6.
(2) Not less than four hundred thousand dollars ($400,000) to the
Expedited Site Remediation Trust Fund in the State Treasury, created
pursuant to subdivision (a) of Section 25399.1, for purposes of
paying the orphan share of response costs pursuant to Chapter 6.85
(commencing with Section 25396).
(3) An amount that does not exceed the costs incurred by the State
Board of Equalization, a private party, or other public agency, to
administer and collect the fees imposed pursuant to Article 9.1
(commencing with Section 25205.1) and deposited into the Toxic
Substances Control Account, for the purpose of reimbursing the State
Board of Equalization, public agency, or private party, for those
costs.
(4) Commencing with the 1999-2000 fiscal year and annually
thereafter, not less than one million fifty thousand dollars
($1,050,000) for purposes of establishing and implementing a program
pursuant to Sections 25244.15.1, 25244.17.1, 25244.17.2, 25244.22,
and 25244.24 to encourage hazardous waste generators to implement
pollution prevention measures.
(5) Funds not appropriated as specified in paragraphs (1) to (4),
inclusive, may be appropriated for any of the purposes specified in
subdivision (b) of Section 25173.6, except the purposes specified in
subparagraph (C) of paragraph (1) of, and paragraph (14) of,
subdivision (b) of Section 25173.6.
(b) (1) The amounts specified in paragraphs (1) to (3), inclusive,
of subdivision (a) are the amounts that the Legislature intends to
appropriate for the 1998-99 fiscal year for the purposes specified in
those paragraphs, and the amount specified in paragraph (4) of
subdivision (a) is the amount the Legislature intends to appropriate
for the 1999-2000 fiscal year for the purposes specified in that
paragraph. Beginning with the 1999-2000 fiscal year, and for each
fiscal year thereafter, the amounts specified in paragraphs (1) to
(3), inclusive, of subdivision (a), and beginning with the 2000-01
fiscal year, and for each fiscal year thereafter, the amount
specified in paragraph (4) of subdivision (a) shall be adjusted
annually to reflect increases or decreases in the cost of living
during the prior fiscal year, as measured by the Consumer Price Index
issued by the Department of Industrial Relations or by a successor
agency.
(2) Notwithstanding paragraph (1), the department may, upon the
approval of the Legislature in a statute or the annual Budget Act,
take either of the following actions:
(A) Reduce the amounts specified in paragraphs (1) to (4),
inclusive, of subdivision (a), if there are insufficient funds in the
Toxic Substances Control Account.
(B) Suspend the transfer specified in paragraph (2) of subdivision
(a), if there are no orphan shares pending payment pursuant to
Chapter 6.85 (commencing with Section 25396).
SEC. 7. Section 25174 of the Health and Safety Code is amended to
read:
25174. (a) There is in the General Fund the Hazardous Waste
Control Account, which shall be administered by the director. In
addition to any other money that may be deposited in the Hazardous
Waste Control Account, pursuant to statute, all of the following
amounts shall be deposited in the account:
(1) The fees collected pursuant to Sections 25174.1, 25205.2,
25205.5, 25205.15, and 25205.16.
(2) The fees collected pursuant to Section 25187.2, to the extent
that those fees are for the oversight of corrective action taken
under this chapter.
(3) Any interest earned upon the money deposited in the Hazardous
Waste Control Account.
(4) Any money received from the federal government pursuant to the
federal act.
(5) Any reimbursements for funds expended from the Hazardous Waste
Control Account for services provided by the department pursuant to
this chapter, including, but not limited to, the reimbursements
required pursuant to Sections 25201.9 and 25205.7.
(b) The funds deposited in the Hazardous Waste Control Account may
be appropriated by the Legislature, for expenditure as follows:
(1) To the department for the administration and implementation of
this chapter.
(2) To the department for allocation to the State Board of
Equalization to pay refunds of fees collected pursuant to Sections
43051 and 43053 of the Revenue and Taxation Code and for the
administration and collection of the fees imposed pursuant to Article
9.1 (commencing with Section 25205.1) that are deposited into the
Hazardous Waste Control Account.
(3) To the department for the costs of performance or review of
analyses of past, present, or potential environmental public health
effects related to toxic substances, including extremely hazardous
waste, as defined in Section 25115, and hazardous waste, as defined
in Section 25117.
(4) (A) To the office of the Attorney General for the support of
the Toxic Substance Enforcement Program in the office of the Attorney
General, in carrying out the purposes of this chapter.
(B) Notwithstanding subdivision (c), expenditures for the purposes
of this paragraph shall not be subject to an interagency or
interdepartmental agreement.
(C) On or before October 1 of each year, the Attorney General
shall report to the Legislature on the expenditure of any funds
appropriated to the office of the Attorney General for the preceding
fiscal year pursuant to this paragraph and subdivision (c) of Section
25173.6. The report shall include all of the following:
(i) A description of cases resolved by the office of the Attorney
General through settlement or court order, including the monetary
benefit to the department and the state.
(ii) A description of injunctions or other court orders benefiting
the people of the state.
(iii) A description of any cases in which the Attorney General's
Toxic Substance Enforcement Program is representing the department or
the state against claims by defendants or responsible parties.
(iv) A description of other pending litigation handled by the
Attorney General's Toxic Substance Enforcement Program.
(D) Nothing in subparagraph (C) shall require the Attorney General
to report on any confidential or investigatory matter.
(5) To the department, on and after July 1, 1999, for
administration and implementation of Chapter 6.11 (commencing with
Section 25404).
(c) (1) Except for the appropriation to the office of the Attorney
General pursuant to paragraph (4) of subdivision (b), expenditures
from the Hazardous Waste Control Account for support of state
agencies other than the department shall, upon appropriation by the
Legislature to the department, be subject to an interagency or
interdepartmental agreement between the department and the state
agency receiving the support.
(2) The department shall, at the time of the release of the annual
Governor's Budget, describe the budgetary amounts proposed to be
allocated to the State Board of Equalization, as specified in
paragraph (2) of subdivision (b) and in paragraph (3) of subdivision
(b) of Section 25173.6, for the upcoming fiscal year.
(3) It is the intent of the Legislature that moneys appropriated
in the annual Budget Act each year for the purpose of reimbursing the
State Board of Equalization, a private party, or other public
agency, for the administration and collection of the fees imposed
pursuant to Article 9.1 (commencing with Section 25205.1) and
deposited in the Hazardous Waste Control Account, shall not exceed
the costs incurred by the State Board of Equalization, the private
party, or other public agency, for the administration and collection
of those fees.
(d) With respect to expenditures for the purposes of paragraphs
(1) and (3) of subdivision (b) and paragraphs (1) and (2) of
subdivision (b) of Section 25173.6, the department shall, at the time
of the release of the annual Governor's Budget, also make available
the budgetary amounts and allocations of staff resources of the
department proposed for the following activities:
(1) The department shall identify, by permit type, the projected
allocations of budgets and staff resources for hazardous waste
facilities permits, including standardized permits, closure plans,
and postclosure permits.
(2) The department shall identify, with regard to surveillance and
enforcement activities, the projected allocations of budgets and
staff resources for the following types of regulated facilities and
activities:
(A) Hazardous waste facilities operating under a permit or grant
of interim status issued by the department, and generator activities
conducted at those facilities. This information shall be reported by
permit type.
(B) Transporters.
(C) Response to complaints.
(3) The department shall identify the projected allocations of
budgets and staff resources for both of the following activities:
(A) The registration of hazardous waste transporters.
(B) The operation and maintenance of the hazardous waste manifest
system.
(4) The department shall identify, with regard to site mitigation
and corrective action, the projected allocations of budgets and staff
resources for the oversight and implementation of the following
activities:
(A) Investigations and removal and remedial actions at military
bases.
(B) Voluntary investigations and removal and remedial actions.
(C) State match and operation and maintenance costs, by site, at
joint state and federally funded National Priority List Sites.
(D) Investigation, removal and remedial actions, and operation and
maintenance at the Stringfellow Hazardous Waste Site.
(E) Investigation, removal and remedial actions, and operation and
maintenance at the Casmalia Hazardous Waste Site.
(F) Investigations and removal and remedial actions at
nonmilitary, responsible party lead National Priority List Sites.
(G) Preremedial activities under the federal Comprehensive
Environmental Response, Compensation, and Liability Act of 1980 (42
U.S.C. Sec. 9601 et seq.).
(H) Investigations, removal and remedial actions, and operation
and maintenance at state-only orphan sites.
(I) Investigations and removal and remedial actions at
nonmilitary, non-National Priority List responsible party lead sites.
(J) Investigations, removal and remedial actions, and operation
and maintenance at Expedited Remedial Action Program sites pursuant
to Chapter 6.85 (commencing with Section 25396).
(K) Corrective actions at hazardous waste facilities.
(5) The department shall identify, with regard to the regulation
of hazardous waste, the projected allocation of budgets and staff
resources for the following activities:
(A) Determinations pertaining to the classification of hazardous
wastes.
(B) Determinations for variances made pursuant to Section 25143.
(C) Other determinations and responses to public inquiries made by
the department regarding the regulation of hazardous waste and
hazardous substances.
(6) The department shall identify projected allocations of budgets
and staff resources needed to do all of the following:
(A) Identify, remove, store, and dispose of, suspected hazardous
substances or hazardous materials associated with the investigation
of clandestine drug laboratories.
(B) Respond to emergencies pursuant to Section 25354.
(C) Create, support, maintain, and implement the railroad accident
prevention and immediate deployment plan developed pursuant to
Section 7718 of the Public Utilities Code.
(7) The department shall identify projected allocations of budgets
and staff resources for the administration and implementation of the
unified hazardous waste and hazardous materials regulatory program
established pursuant to Chapter 6.11 (commencing with Section 25404).
(8) The department shall identify the total cumulative
expenditures of the Regulatory Structure Update and Site Mitigation
Update projects since their inception, and shall identify the total
projected allocations of budgets and staff resources that are needed
to continue these projects.
(9) The department shall identify the total projected allocations
of budgets and staff resources that are necessary for all other
activities proposed to be conducted by the department.
(e) Notwithstanding this chapter, or Part 22 (commencing with
Section 43001) of Division 2 of the Revenue and Taxation Code, for
any fees, surcharges, fines, penalties, and funds which are required
to be deposited into the Hazardous Waste Control Account or the Toxic
Substances Control Account, the department, with the approval of the
Secretary for Environmental Protection, may take any of the
following actions:
(1) Assume responsibility for, or enter into a contract with a
private party or with another public agency, other than the State
Board of Equalization, for the collection of any fees, surcharges,
fines, penalties and funds described in subdivision (a) or otherwise
described in this chapter or Chapter 6.8 (commencing with Section
25300), for deposit into the Hazardous Waste Control Account or the
Toxic Substances Control Account.
(2) Administer, or by mutual agreement, contract with a private
party or another public agency, for the making of those
determinations and the performance of functions that would otherwise
be the responsibility of the State Board of Equalization pursuant to
this chapter, Chapter 6.8 (commencing with Section 25300), or Part 22
(commencing with Section 43001) of Division 2 of the Revenue and
Taxation Code, if those activities and functions for which the State
Board of Equalization would otherwise be responsible become the
responsibility of the department or, by mutual agreement, the
contractor selected by the department.
(f) If, pursuant to subdivision (e), the department, or a private
party or another public agency, pursuant to a contract with the
department, performs the determinations and functions that would
otherwise be the responsibility of the State Board of Equalization,
the department shall be responsible for ensuring that persons who are
subject to the fees specified in subdivision (e) have equivalent
rights to public notice and comment, and procedural and substantive
rights of appeal, as afforded by the procedures of the State Board of
Equalization pursuant to Part 22 (commencing with Section 43001) of
Division 2 of the Revenue and Taxation Code. Final responsibility for
the administrative adjustment of fee rates and the administrative
appeal of any fees or penalty assessments made pursuant to this
section may only be assigned by the department to a public agency.
(g) If, pursuant to subdivision (e), the department, or a private
party or another public agency, pursuant to a contract with the
department, performs the determinations and functions that would
otherwise be the responsibility of the State Board of Equalization,
the department shall have equivalent authority to make collections
and enforce judgments as provided to the State Board of Equalization
pursuant to Part 22 (commencing with Section 43001) of Division 2 of
the Revenue and Taxation Code. Unpaid amounts, including penalties
and interest, shall be a perfected and enforceable state tax lien in
accordance with Section 43413 of the Revenue and Taxation Code.
(h) The department, with the concurrence of the Secretary for
Environmental Protection, shall determine which administrative
functions should be retained by the State Board of Equalization,
administered by the department, or assigned to another public agency
or private party pursuant to subdivisions (e), (f), and (g).
(i) The department may adopt regulations to implement subdivisions
(e) to (h), inclusive.
(j) The Director of Finance, upon request of the director, may
make a loan from the General Fund to the Hazardous Waste Control
Account to meet cash needs. The loan shall be subject to the
repayment provisions of Section 16351 of the Government Code and the
interest provisions of Section 16314 of the Government Code.
(k) The department shall establish, within the Hazardous Waste
Control Account, a reserve of at least one million dollars
($1,000,000) each year to ensure that all programs funded by the
Hazardous Waste Control Account will not be adversely affected by any
revenue shortfalls.
() When the department prepares the annual report required by
Section 10359 of the Public Contract Code, the department shall, in
addition to providing the information required by that section,
include all of the following information:
(1) The source of funding for each contract.
(2) The statutory authorization, if applicable, for each contract.
SEC. 8. Section 25330.4 of the Health and Safety Code is amended
to read:
25330.4. (a) Notwithstanding any other provision of law, the
Controller shall establish a separate subaccount in the state
account, for any funds received from a settlement agreement or the
General Fund for a removal or remedial action to be performed at a
specific site.
(b) Notwithstanding Section 13340 of the Government Code, funds
deposited in the subaccount for those removal or remedial actions are
hereby continuously appropriated to the department, without regard
to fiscal years, for removal or remedial action at the specific site,
and for administrative costs associated with the removal or remedial
action at the specific site.
(c) Notwithstanding any other provision of law, money in the
subaccount for those removal or remedial actions shall not revert to
the General Fund or be transferred to any other fund or account in
the State Treasury, except for purposes of investment as provided in
Article 4 (commencing with Section 16470) of Chapter 3 of Part 2 of
Division 4 of Title 2 of the Government Code.
(d) Notwithstanding Section 16305.7 of the Government Code, all
interest or other increment resulting from investment of the funds
specified in subdivision (a) pursuant to Article 4 (commencing with
Section 16470) of Chapter 3 of Part 2 of Division 4 of Title 2 of the
Government Code shall be deposited in the subaccount for removal or
remedial action at the specific sites.
(e) At the conclusion of all removal or remedial actions at the
specific site, any unexpended funds in any subaccounts established
pursuant to this section shall be transferred to the subaccount for
site operation and maintenance established pursuant to Section
25330.5, if necessary, for those activities at the site, or, if not
needed for site operation and maintenance at the site, to the Toxic
Substances Control Account.
(f) (1) There is hereby created a subaccount in the state account
as the successor fund to the Stringfellow Insurance Proceeds Account
created pursuant to former Section 25330.6, as that section read on
January 1, 2013. All assets, liabilities, and surplus in the
Stringfellow Insurance Proceeds Account shall be transferred to, and
become a part of, this subaccount for the Stringfellow Superfund Site
in Riverside County, as provided in Section 16346 of the Government
Code. All appropriations from the Stringfellow Insurance Proceeds
Account, to the extent encumbered, shall continue to be available
from the subaccount for expenditure for the same purposes and
periods.
(2) This subdivision shall become operative on July 1, 2013.
SEC. 9. Section 25330.6 of the Health and Safety Code is amended
to read:
25330.6. (a) The Stringfellow Insurance Proceeds Account is
hereby created in the State Treasury and shall be administered by the
director.
(b) The funds deposited in the account are available for
expenditure, upon appropriation by the Legislature, for activities
related to the Stringfellow Superfund Site in Riverside County, to
carry out the 2002 Consent Decree, incorporating the 2002 Memorandum
of Understanding and the December 1998 Stringfellow Site Agreement
between the state and the participating defendants, as defined in
those agreements, to the extent any portion of those agreements
remain in force and effect.
(c) Funds in the account appropriated by the Legislature for
contract costs for investigation, removal, remedial, or operation and
maintenance activities at the Stringfellow Superfund Site are
available for encumbrance for three fiscal years, including the
fiscal year in which the funds are appropriated, and are available
for disbursement in liquidation of encumbrances pursuant to Section
16304.1 of the Government Code.
(d) Any requirement that insurance proceeds recovered by the state
in connection with the Stringfellow Superfund Site be deposited in
the account and distributed under the terms of the 1998 Site
Agreement, is hereby declared null and void, in accordance with the
2002 Consent Decree specified in subdivision (b).
(e) This section shall become inoperative on July 1, 2013, and, as
of January 1, 2014, is repealed, unless a later enacted statute,
that becomes operative on or before January 1, 2014, deletes or
extends the dates on which it becomes inoperative and is repealed.
SEC. 10. Section 716 is added to the Public Resources Code, to
read:
716. (a) Notwithstanding any other provision of law, the
Department of Finance may delegate to the department the right to
exercise the same authority granted to the Division of the State
Architect and the Real Estate Services Division in the Department of
General Services, to plan, design, construct, and administer
contracts and professional services for, legislatively approved
capital outlay projects.
(b) Any right afforded to the department pursuant to subdivision
(a) to exercise project planning, design, construction, and
administration of contracts and professional services may be revoked,
in whole or in part, by the Department of Finance at any time.
SEC. 11. Section 5003.19 is added to the Public Resources Code, to
read:
5003.19. (a) Notwithstanding the provisions of Division 3
(commencing with Section 11000) of Title 2 of the Government Code
that relate to the disposition of state-owned real property, the
director may grant to the City of Santa Cruz, subject to the
conditions set forth in this section, all of the rights, title, and
interest of the state in approximately 37.6 acres, known as
Lighthouse Field State Beach, in the County of Santa Cruz.
(b) The grant is subject to all of the following conditions:
(1) The real property conveyed shall be operated, maintained, and
improved by the City of Santa Cruz for park purposes in perpetuity,
consistent with any covenants, conditions, and restrictions in the
deed transferring the property.
(2) The City of Santa Cruz shall pay the department fair market
value, in accordance with mutually agreed upon terms, for the real
property conveyed and as restricted by paragraph (1). The fair market
value shall be determined by an appraisal that is reviewed and
approved by the Department of General Services.
(3) The net proceeds from the transfer shall be deposited pursuant
to Section 5003.15, with Attorney General review and approval.
(c) The Legislature finds and declares that the transfer to the
City of Santa Cruz of the real property described in subdivision (a)
and subject to the conditions specified in subdivision (b) is
excepted from the provisions of Section 5096.516 in accordance with
paragraph (3) of subdivision (c) of Section 5096.516.
SEC. 12. Section 5096.829 is added to the Public Resources Code,
to read:
5096.829. (a) The department shall, beginning November 1, 2007,
and quarterly thereafter until funds authorized by this chapter are
liquidated, prepare and submit to the Joint Legislative Budget
Committee a report that includes information relating to funds
expended by the department during the time period pursuant to Section
5096.821. This report shall include all of the following:
(1) The project name.
(2) The physical location of the project, including the county or
counties where the project is located.
(3) A description of the project and the scope of the work to be
performed.
(4) The date of approval of the project, or the date a contract
was let for the project work.
(5) The estimated cost of the project at the time of project
approval.
(6) The actual cost of the project, to date.
(7) An estimated project schedule.
(8) An explanation of any increased project costs over the initial
estimate, including changes in conditions or scope of the project.
(b) For the report due on November 1, 2008, and each November 1
thereafter, the report shall include all of the following:
(1) The report requirements set forth in subdivision (a).
(2) Identification of the actual amount of funds appropriated in
the previous fiscal year to implement provisions of Section 5096.821.
(3) Identification of the actual amount of funds expended in the
previous fiscal year pursuant to the appropriations specified in
paragraph (2).
(c) Each project shall continue to be listed in the report for one
quarter after all project costs are paid.
(d) (1) It is the intent of the Legislature that the Department of
Water Resources seek all applicable federal funding for flood
control projects.
(2) It is the intent of the Legislature that the department notify
the federal government when the state pays the costs associated with
the federal cost-share of levee repair and improvement projects,
with the intent that those costs may be recouped from the federal
government in the future.
SEC. 13. Section 5096.954 is added to the Public Resources Code,
to read:
5096.954. On or before January 1, 2008, the department shall
adopt emergency regulations to implement Section 12585.7 of the Water
Code.
SEC. 14. Section 5096.955 is added to the Public Resources Code,
to read:
5096.955. (a) For the purposes of any levee evaluation activities
funded by the department, the department shall not require a local
cost-share for the following levee evaluations:
(1) Evaluations of levees that are part of the facilities of the
State Plan of Flood Control.
(2) Evaluations of levees located in the Central Valley that are
not part of the State Plan of Flood Control, and that protect an
urban area, as defined by subdivision (k) of Section 5096.805.
(3) Evaluations of levees chosen to be performed by the department
as part of an effort to protect critical water conveyance
infrastructure through the Sacramento-San Joaquin Delta.
(b) The department shall identify the levees described in
paragraph (2) of subdivision (a) in the Bond Expenditure Disaster
Preparedness and Flood Prevention Plan described in Section 5096.821
and notify the Governor and the Legislature of the location of these
levees.
SEC. 15. Section 5818.1 of the Public Resources Code is amended to
read:
5818.1. The Coastal Wetlands Fund is hereby established in the
State Treasury and shall be an interest-bearing fund administered by
the Department of Fish and Game.
SEC. 16. Section 5818.2 of the Public Resources Code is amended to
read:
5818.2. (a) (1) The funds in the Coastal Wetlands Fund may be
expended by the Department of Fish and Game and the State Coastal
Conservancy, upon appropriation by the Legislature, for the
maintenance of coastal wetlands property owned by the state, a
conservancy of the state, a local government agency, or a nonprofit
organization.
(2) The funds in the Coastal Wetlands Fund may be expended by the
state pursuant to this section in the from of grants.
(3) An applicant may apply to the State Coastal Conservancy for a
grant pursuant to the grant application procedures in Division 21
(commencing with Section 31000), to perform maintenance of coastal
wetlands property owned by the state, a conservancy of the state, a
local government agency, or a nonprofit organization.
(b) The Department of Fish and Game and the State Coastal
Conservancy may accept contributions to the Coastal Wetlands Fund.
The sources of contributions that may be accepted include, but are
not limited to, private individuals and organizations, nonprofit
organizations, and federal, state, and local agencies including
special districts. The contributions accepted may include money
identified pursuant to the California Environmental Quality Act
(Division 13 (commencing with Section 21000)) or the National
Environmental Policy Act of 1969 (42 U.S.C. Sec. 4321 et seq.) as
acceptable mitigation for development projects. The Department of
Fish and Game and the State Coastal Conservancy shall deposit a
contribution accepted pursuant to this subdivision in the Coastal
Wetlands Fund, subject to the requirements of Section 5818.1.
SEC. 17. Section 14317 is added to the Public Resources Code, to
read:
14317. (a) The Legislature finds and declares all of the
following:
(1) By authorizing the Sacramento Local Conservation Corps to sell
one of its existing buildings and purchase another building, the
corps would be able to consolidate and improve its operations and
ensure the safety of its members.
(2) The purpose of the purchase of another building is to provide
a permanent residence for the Sacramento Local Conservation Corps.
(3) The purchase of another building is consistent with the
intended purpose of the Proposition 40 (the California Clean Water,
Clean Air, Safe Neighborhood Parks, and Coastal Protection Bond Act
of 2002) grant to the Sacramento Local Conservation Corps that was
used to purchase the existing building.
(4) However, that grant required the Sacramento Local Conservation
Corps to "use the property only for the purpose for which the grant
was made and to make no other use, sale or other disposition of the
property, except as authorized by a specific act of the Legislature."
(b) The Sacramento Local Conservation Corps, certified by the
California Conservation Corps pursuant to this division, may sell APN
036-0181-011 located in the County of Sacramento, which was
purchased with bond funds pursuant to paragraph (2) of subdivision
(e) of Section 5096.650.
(c) The sale of APN 036-0181-011 shall be subject to all of the
following conditions:
(1) The sale of APN 036-0181-011 shall be at no less than fair
market value and shall be approved by the California Conservation
Corps.
(2) The net proceeds from the sale of APN 036-0181-011 shall be
used only towards the purchase of APN 036-0031-026 located in the
County of Sacramento.
(3) The purchase of APN 036-0031-026 shall be at no more than fair
market value and shall be approved by the California Conservation
Corps.
(4) Any net proceeds from the sale of APN 036-0181-011, in excess
of the purchase price of APN 036-0031-026, shall revert to the
California Clean Water, Clean Air, Safe Neighborhood Parks, and
Coastal Protection Fund created pursuant to Section 5096.610, and are
hereby appropriated from that fund to the California Conservation
Corps for local assistance.
(5) The Sacramento Local Conservation Corps shall only use APN
036-0031-026 for corps purposes and shall not lease or rent APN
036-0031-026 to other occupants.
SEC. 18. Section 32580 of the Public Resources Code is amended to
read:
32580. This division shall remain in effect only until January 1,
2018, and as of that date is repealed, unless a later enacted
statute, that is enacted before January 1, 2018, deletes or extends
that date.
SEC. 19. Section 142 is added to the Water Code, to read:
142. (a) In order to reduce greenhouse gas emissions associated
with water and energy usage, on and after January 1, 2008, the
department shall do all of the following:
(1) Comply with the same greenhouse gas emissions performance
standards adopted pursuant to Section 8341 of the Public Utilities
Code for a local publicly owned electric utility for new electricity
contracts.
(2) Use reasonable, feasible, and cost-effective efforts to use
energy efficiently, and to increase use of renewable energy in the
department's water operations and in the renegotiation of existing
electricity contracts entered into pursuant to Division 27
(commencing with Section 80000).
(b) On or before March 1, 2008, and at least once every year
thereafter until December 31, 2015, the department shall report to
the Legislature and the Governor on the implementation of this
section, including, but not limited to, all of the following:
(1) The status of any contracts it has for fossil fuel generated
electricity and its efforts to reduce its dependency on fossil fuels.
(2) Changes to the portfolio of existing energy contracts entered
into pursuant to Division 27 (commencing with Section 80000) that
have occurred, or are expected to occur, that will alter the
contracts' costs, term, or quantity, or the composition of resources
used to deliver power under the contracts.
SEC. 20. (a) It is the intent of the Legislature that the
Department of Water Resources seek all applicable federal funding for
flood control projects.
(b) It is the intent of the Legislature that the Department of
Water Resources seek reimbursement or credit from the federal
government for, and notify the federal government of, any
expenditures by the state associated with the federal cost-share of
levee repair and improvement projects, with the intent that those
costs may be recouped from the federal government in the future.
SEC. 21. Funds appropriated to the State Air Resources Board
pursuant to Item 3900-001-0115 of the Budget Act of 2007, and used
for market-based compliance mechanisms as defined in subdivision (k)
of Section 38505 of the Health and Safety Code, shall be expended as
follows:
(a) Funds may be spent solely for the assessment and evaluation of
potential market based compliance mechanisms, and not for adoption
of implementation of those mechanisms, until the State Air Resources
Board has complied with all applicable requirements of Division 25.5
(commencing with Section 38500) of the Health and Safety Code,
including, but not limited to, the development and approval of a
scoping plan pursuant to Section 38561 of the Health and Safety Code,
and compliance with subdivision (b) of Section 38570 of the Health
and Safety Code.
(b) Funds shall be spent to assess and evaluate all potential
market-based compliance mechanisms, as defined in subdivision (k) of
Section 38505 of the Health and Safety Code, and not solely to assess
and evaluate the system described in paragraph (1) of subdivision
(k) of Section 38505 of the Health and Safety Code.
SEC. 22. This act is an urgency statute necessary for the
immediate preservation of the public peace, health, or safety within
the meaning of Article IV of the Constitution and shall go into
immediate effect. The facts constituting the necessity are:
In order to make the necessary statutory changes to implement the
Budget Act of 2007 at the earliest possible time, it is necessary
that this act take effect immediately.