BILL NUMBER: SB 898	AMENDED
	BILL TEXT

	AMENDED IN ASSEMBLY  SEPTEMBER 6, 2007
	AMENDED IN ASSEMBLY  JULY 9, 2007
	AMENDED IN SENATE  MAY 8, 2007
	AMENDED IN SENATE  MARCH 26, 2007

INTRODUCED BY   Senator Simitian

                        FEBRUARY 23, 2007

    An act to add Section 63.7 to the Harbors and Navigation
Code, and to amend Sections 18015 and 48021 of the Public Resources
Code, relating to solid waste.   An act to amend
Sections 18716 and 18744 of the Revenue and Taxation Code, relating
to taxation. 



	LEGISLATIVE COUNSEL'S DIGEST


   SB 898, as amended, Simitian.  Beverage containers: solid
waste cleanup: marinas and harbors.   Personal income
tax return: voluntary contributions.  
   Under the Personal Income Tax Law, individual taxpayers are
allowed to contribute amounts in excess of their tax liability for
the support of specified funds or accounts, including, among others,
the State Children's Trust Fund for the Prevention of Child Abuse and
the Endangered and Rare Fish, Wildlife, and Plant Species
Conservation and Enhancement Account. That law provides for the
repeal of the contribution provisions for these funds on January 1,
2008.  
   This bill would instead provide a repeal date of January 1, 2013,
for the contribution provisions for the State Children's Trust Fund
for the Prevention of Child Abuse and the Endangered and Rare Fish,
Wildlife, and Plant Species Conservation and Enhancement Account.
 
   This bill would also make a technical, nonsubstantive change to
one of the contribution provisions.  
    (1) Existing law requires all rigid plastic bottles and rigid
plastic containers sold in the state to be labeled with a code that
indicates the resin used to produce the bottles or containers, with
specified numbers and letters. The Division of Recycling of the
Department of Conservation is required to maintain a list of
abbreviations used on those labels.  
   This bill would additionally include, in the list of codes, "0" or
"PLA," which indicates bottles or containers made with polylactic
acid.  
   (2) Under the California Integrated Waste Management Act of 1989,
the California Integrated Waste Management Board is required to
initiate a program for the cleanup of solid waste disposal sites and
the cleanup of solid waste at codisposal sites, as defined, where the
responsible party either cannot be identified or is unable or
unwilling to pay for timely remediation, and where cleanup is needed
to protect public health and safety or the environment. The act
authorizes the board to expend a portion of the funds appropriated
for the program for grants to public entities to abate illegal
disposal sites, and specifies that for purposes of that
authorization, an activity to remove or abate solid waste disposed
into a municipal storm sewer is eligible to receive a partial grant,
if the grant is used for solid waste cleanup, solid waste abatement,
or any other activity that mitigates the impact of solid waste, and
an ongoing program is established to prevent recurring solid waste
disposal into the municipal storm sewer.  
   This bill would specify that the authorization to use a grant for
any other activity that mitigates the impact of solid waste, concerns
solid waste that would otherwise be disposed into the municipal
storm sewer. The bill would also specify that the ongoing program
established to prevent recurring solid waste disposal into the
municipal storm sewer is required to be established by the public
entity.  
   (3) The Department of Boating and Waterways is required, among
other things, to acquire, construct, develop, and improve small craft
harbors, related facilities, and connecting waterways. 

   This bill would require the Department of Boating and Waterways to
recommend to the Legislature, by July 1, 2008, in coordination with
the board, the California Coastal Commission, and the Department of
Fish and Game, guidelines and programs for the removal and disposal
of derelict fishing gear in the marine waters of the state, and
programs to improve waste management of derelict fishing gear by
marina and vessel operators in marinas and harbors. 
   Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: no.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

   SECTION 1.    Section 18716 of the   Revenue
and Taxation Code   is amended to read: 
   18716.  (a) This article shall remain in effect only until January
1,  2008   2013  , and as of that date is
repealed, unless a later enacted statute, which is enacted before
January 1,  2008   2013  , deletes or
extends that date.
   (b) (1) By September 1, 2006, and by September 1 of each
subsequent calendar year that the State Children's Trust Fund for the
Prevention of Child Abuse appears on a tax return, the Franchise Tax
Board shall do all of the following:
   (A) Determine the minimum contribution amount required to be
received during the next calendar year for the fund to appear on the
tax return for the taxable year that includes that next calendar
year.
   (B) Provide written notification to the State Department of Social
Services of the amount determined in subparagraph (A).
   (C) Determine whether the amount of contributions estimated to be
received during the calendar year will equal or exceed the minimum
contribution amount determined by the Franchise Tax Board for the
calendar year pursuant to subparagraph (A). The Franchise Tax Board
shall estimate the amount of contributions to be received by using
the actual amounts received and an estimate of the contributions that
will be received by the end of that calendar year.
   (2) If the Franchise Tax Board determines that the amount of
contributions estimated to be received during a calendar year will
not at least equal the minimum contribution amount for the calendar
year, this article is repealed with respect to taxable years
beginning on or after January 1 of that calendar year.
   (3) For purposes of this section, the minimum contribution amount
for a calendar year means two hundred fifty thousand dollars
($250,000) for the 2002 calendar year or the minimum contribution
amount adjusted pursuant to subdivision (c).
   (c) For each calendar year, beginning with calendar year 2003, the
Franchise Tax Board shall adjust, on or before September 1 of that
calendar year, the minimum contribution amount specified in
subdivision (b) as follows:
   (1) The minimum contribution amount for the calendar year shall be
an amount equal to the product of the minimum contribution amount
for the prior calendar year multiplied by the inflation factor
adjustment as specified in paragraph (2) of subdivision (h) of
Section 17041, rounded off to the nearest dollar.
   (2) The inflation factor adjustment used for the calendar year
shall be based on the figures for the percentage change in the
California Consumer Price Index received on or before August 1 of the
calendar year pursuant to paragraph (1) of subdivision (h) of
Section 17041.
   (d) Notwithstanding the repeal of this article, any contribution
amounts designated pursuant to this article prior to its repeal shall
continue to be transferred and disbursed in accordance with this
article as in effect immediately prior to that repeal.
   SEC. 2.    Section 18744 of the   Revenue
and Taxation Code   is amended to read: 
   18744.  (a) This article shall remain in effect only until January
1,  2008   2013  , and as of that date is
repealed, unless a later enacted statute, which is enacted before
January 1,  2008   2013  , deletes or
extends that date.
   (b) (1) By September 1, 2006, and by September 1 of each
subsequent calendar year that the Rare and Endangered Species
Preservation Program  Fund  appears on a tax return,
the Franchise Tax Board shall do all of the following:
   (A) Determine the minimum contribution amount required to be
received during the next calendar year for the fund to appear on the
tax return for the taxable year that includes that next calendar
year.
   (B) Provide written notification to the Department of Fish and
Game of the amount determined in subparagraph (A).
   (C) Determine whether the amount of contributions estimated to be
received during the calendar year will equal or exceed the minimum
contribution amount determined by the Franchise Tax Board for the
calendar year pursuant to subparagraph (A). The Franchise Tax Board
shall estimate the amount of contributions to be received by using
the actual amounts received and an estimate of the contributions that
will be received by the end of that calendar year.
   (2) If the Franchise Tax Board determines that the amount of
contributions estimated to be received during a calendar year will
not at least equal the minimum contribution amount for the calendar
year, this article is repealed with respect to taxable years
beginning on or after January 1 of that calendar year.
   (3) For purposes of this section, the minimum contribution amount
for a calendar year means two hundred fifty thousand dollars
($250,000) for the 2002 calendar year or the minimum contribution
amount adjusted pursuant to subdivision (c).
   (c) For each calendar year, beginning with calendar year 2003, the
Franchise Tax Board shall adjust, on or before September 1 of that
calendar year, the minimum contribution amount specified in
subdivision (b) as follows:
   (1) The minimum contribution amount for the calendar year shall be
an amount equal to the product of the minimum contribution amount
for the prior calendar year multiplied by the inflation factor
adjustment as specified in paragraph (2) of subdivision (h) of
Section 17041, rounded off to the nearest dollar.
   (2) The inflation factor adjustment used for the calendar year
shall be based on the figures for the percentage change in the
California Consumer Price Index received on or before August 1 of the
calendar year pursuant to paragraph (1) of subdivision (h) of
Section 17041.
   (d) Notwithstanding the repeal of this article, any contribution
amounts designated pursuant to this article prior to its repeal shall
continue to be transferred and disbursed in accordance with this
article as in effect immediately prior to that repeal. 
  SECTION 1.    Section 63.7 is added to the Harbors
and Navigation Code, to read:
   63.7.  (a) For purposes of this section, "derelict fishing gear"
includes lost or abandoned fishing nets, fishing lines, and other
commercial and recreational fishing equipment.
   (b) On or before July 1, 2008, the department shall recommend to
the Legislature, in coordination with the California Coastal
Commission, the California Integrated Waste Management Board, and the
Department of Fish and Game, both of the following:
   (1) Guidelines and programs for the removal and disposal of
derelict fishing gear in the marine waters of the state.
   (2) Programs to improve waste management of derelict fishing gear
by marina and vessel operators in marinas and harbors. 

  SEC. 2.    Section 18015 of the Public Resources
Code is amended to read:
   18015.  (a) All rigid plastic bottles and rigid plastic containers
sold in California on and after January 1, 1992, shall be labeled
with a code that indicates the resin used to produce the rigid
plastic bottle or rigid plastic container. Rigid plastic bottles or
rigid plastic containers with labels and basecups of a different
material shall be coded by their basic material. The code shall
consist of a number placed inside a triangle, and letters placed
below the triangle. The triangle shall be equilateral, formed by
three arrows with the apex of each point of the triangle at the
midpoint of each arrow, rounded with a short radius. The pointer
(arrowhead) of each arrow shall be at the midpoint of each side of
the triangle with a short gap separating the pointer from the base of
the adjacent arrow. The triangle, formed by the three arrows curved
at their midpoints shall depict a clockwise path around the code
number. The numbers and letters used shall be as follows:
   1 = PETE (polyethylene terephthalate)
   2 = HDPE (high density polyethylene)
   3 = V (vinyl)
   4 = LDPE (low density polyethylene)
   5 = PP (polypropylene)
   6 = PS (polystyrene)
   7 = OTHER (includes multilayer)
   0 = PLA (polylactic acid)
   (b) A "7" shall appear below the resin abbreviation when the
bottle or container is composed of more than one layer of that resin.

   (c) The Division of Recycling of the Department of Conservation
shall maintain a list of abbreviations used on labels pursuant to
subdivision (a) and shall provide a copy of that list to any person
upon request.  
  SEC. 3.    Section 48021 of the Public Resources
Code is amended to read:
   48021.  (a) In prioritizing the sites for cleanup pursuant to
Section 48020, the board shall consider the degree of risk to public
health and safety and the environment posed by conditions at a site,
the ability of the site owner to clean up the site without monetary
assistance, the ability of the board to clean up the site adequately
with available funds, maximizing the use of available funds, and
other factors as determined by the board.
   (b) (1) In administering the program authorized by Section 48020,
the board may expend funds directly for cleanup, provide loans to
parties who demonstrate the ability to repay state funds, and provide
partial grants to public entities, to assist in site cleanup.
   (2) The board may expend funds directly for the cleanup of a
publicly owned site only if the board determines that the public
entity lacks resources or expertise to timely manage the cleanup
itself.
   (3) In addition to the criteria specified in subdivision (a), in
considering partial grants that provide greater than 50 percent of
the funds directly for cleanup, the board shall consider the amount
of contributions of moneys or in-kind services from the applicant;
the availability of other appropriate funding sources to remediate
the site; the degree of public benefit; the presence of innovative
and cost-effective programs to abate or prevent solid waste problems
to be addressed by the grants; and other factors as determined by the
board.
   (c) (1) In addition to the expenditures specified in subdivision
(b), the board may expend a portion of the funds appropriated for the
program to abate illegal disposal sites.
   (2) For the purposes of this subdivision, the board may provide
grants to public entities.
   (3) Where funds are provided by the board to address illegal
disposal sites within a jurisdiction, the local enforcement agency
shall provide ongoing enforcement to prevent recurring illegal
disposal at the site.
   (4) For the purposes of this subdivision, an activity to remove or
abate solid waste disposed into a municipal storm sewer is eligible
to receive a partial grant, if the grant is used for solid waste
cleanup, solid waste abatement, or any other activity that mitigates
the impact of solid waste that otherwise would be disposed into the
municipal storm sewer, and an ongoing program is established by the
public entity to prevent recurring solid waste disposal into the
municipal storm sewer.
   (d) In developing and implementing the program, the board shall
consult with certified local enforcement agencies and the regional
water boards.