BILL NUMBER: SB 1046 CHAPTERED
BILL TEXT
CHAPTER 253
FILED WITH SECRETARY OF STATE SEPTEMBER 26, 2007
APPROVED BY GOVERNOR SEPTEMBER 26, 2007
PASSED THE SENATE SEPTEMBER 11, 2007
PASSED THE ASSEMBLY SEPTEMBER 11, 2007
AMENDED IN ASSEMBLY SEPTEMBER 6, 2007
AMENDED IN ASSEMBLY JUNE 26, 2007
INTRODUCED BY Committee on Environmental Quality (Senators Simitian
(Chair), Aanestad, Florez, Kuehl, Lowenthal, Runner, and Steinberg)
MARCH 21, 2007
An act to amend Section 711.4 of the Fish and Game Code, to amend
Section 115843.5 of the Health and Safety Code, and to amend Section
21161 of the Public Resources Code, relating to environmental
quality, and declaring the urgency thereof, to take effect
immediately.
LEGISLATIVE COUNSEL'S DIGEST
SB 1046, Committee on Environmental Quality. California
Environmental Quality Act: fees and notices: recreational uses of
reservoirs.
(1) Existing law requires the Department of Fish and Game to
impose and collect filing fees, in prescribed amounts, to defray the
costs of managing and protecting fish and wildlife trust resources,
including, consulting with other public agencies, reviewing
environmental documents, recommending mitigation measures, developing
monitoring requirements for purposes of the California Environmental
Quality Act (CEQA), consulting, and other activities protecting
specified trust resources. Existing law requires a local agency to
pay a filing fee for a project for which it prepares a negative
declaration pursuant to CEQA, or for a project with an environmental
impact report (EIR) pursuant to CEQA, to the county clerk at the time
of filing a notice of determination. Existing law requires a state
agency to pay a filing fee for a project for which it prepares a
negative declaration, or for a project with an EIR, to the Office of
Planning and Research (office) at the time of filing a notice of
determination.
This bill would require a local agency, collecting a filing fee
from the project applicant, to remit it to the county clerk at the
time of filing a notice of determination. The bill would require a
state agency collecting the filing fee to remit the fee to the office
at the time of filing a notice of determination.
(2) Existing law prohibits the recreational use of reservoirs
where water is stored for domestic use and defines recreational use
for this purpose to include recreation in which there is bodily
contact with the water by a participant.
Existing law, until January 1, 2008, exempts Canyon Lake Reservoir
from this prohibition, and sets forth conditions and restrictions to
ensure water purity.
This bill would delete the repeal date for Canyon Lake Reservoir,
thereby extending the exemption for this reservoir indefinitely.
(3) CEQA requires a lead agency, as defined, to prepare, or cause
to be prepared by contract, and certify the completion of, an EIR on
a project, as defined, that may have a significant effect on the
environment, or to adopt a negative declaration if it finds that the
project will not have that effect. Existing law requires a lead
agency that has completed an EIR to file a notice of completion with
the Office of Planning and Research, identifying the project and
indicating the EIR has been prepared.
The bill would require a lead agency to identify a project's
location by latitude and longitude in a notice of completion for an
EIR.
(4) Because this bill would impose new duties on local agencies
with respect to notices of completion required to be filed with the
Office of Planning and Research, the bill would impose a
state-mandated local program.
(5) The California Constitution requires the state to reimburse
local agencies and school districts for certain costs mandated by the
state. Statutory provisions establish procedures for making that
reimbursement.
This bill would provide that no reimbursement is required by this
act for a specified reason.
(6) The bill would declare that it is to take effect immediately
as an urgency statute.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 711.4 of the Fish and Game Code is amended to
read:
711.4. (a) The department shall impose and collect a filing fee
in the amount prescribed in subdivision (d) to defray the costs of
managing and protecting fish and wildlife trust resources, including,
but not limited to, consulting with other public agencies, reviewing
environmental documents, recommending mitigation measures,
developing monitoring requirements for purposes of the California
Environmental Quality Act (Division 13 (commencing with Section
21000) of the Public Resources Code), consulting pursuant to Section
21104.2 of the Public Resources Code, and other activities protecting
those trust resources identified in the review pursuant to the
California Environmental Quality Act.
(b) The filing fees shall be proportional to the cost incurred by
the department and shall be annually reviewed and adjustments
recommended to the Legislature in an amount necessary to pay the full
costs of department programs as specified. The department shall
annually adjust the fees pursuant to Section 713.
(c) (1) All project applicants and public agencies subject to the
California Environmental Quality Act shall pay a filing fee for each
proposed project, as specified in subdivision (d).
(2) Notwithstanding paragraph (1), a filing fee shall not be paid
pursuant to this section if any of the following conditions exist:
(A) The project has no effect on fish and wildlife.
(B) The project is being undertaken by the department.
(C) The project costs are payable by the department from any of
the following sources that are held by the department:
(i) The Public Resources Account in the Cigarette and Tobacco
Products Surtax Fund.
(ii) The California Wildlife, Coastal, and Park Land Conservation
Fund of 1988.
(iii) The Habitat Conservation Fund.
(iv) The Fisheries Restoration Account in the Fish and Game
Preservation Fund.
(v) The Commercial Salmon Stamp Account in the Fish and Game
Preservation Fund.
(vi) Striped bass stamp funds collected pursuant to Section 7360.
(vii) The California Ocean Resource Enhancement Account.
(D) The project is implemented by the department through a
contract with either a nonprofit entity or a local government agency.
(3) Filing fees shall be paid at the time and in the amount
specified in subdivision (d). Notwithstanding Sections 21080.5 and
21081 of the Public Resources Code, a project shall not be operative,
vested, or final, and local government permits for the project shall
not be valid, until the filing fees required pursuant to this
section are paid.
(d) The fees shall be in the following amounts:
(1) For a project that is statutorily or categorically exempt from
the California Environmental Quality Act, including those certified
regulatory programs that incorporate statutory and categorical
exemptions, a filing fee shall not be paid.
(2) For a project for which a negative declaration is prepared
pursuant to subdivision (c) of Section 21080 of the Public Resources
Code, the filing fee is one thousand eight hundred dollars ($1,800).
A local agency collecting the filing fee shall remit the fee to the
county clerk at the time of filing a notice of determination pursuant
to Section 21152 of the Public Resources Code. A state agency
collecting the filing fee shall remit the fee to the Office of
Planning and Research at the time of filing a notice of determination
pursuant to Section 21108 of the Public Resources Code.
(3) For a project with an environmental impact report prepared
pursuant to the California Environmental Quality Act, the filing fee
is two thousand five hundred dollars ($2,500). A local agency
collecting the filing fee shall remit the fee to the county clerk at
the time of filing a notice of determination pursuant to Section
21152 of the Public Resources Code. A state agency collecting the
filing fee shall remit the fee to the Office of Planning and Research
at the time of filing a notice of determination pursuant to Section
21108 of the Public Resources Code.
(4) For a project that is subject to a certified regulatory
program pursuant to Section 21080.5 of the Public Resources Code, the
filing fee is eight hundred fifty dollars ($850). The filing fee
shall be paid to the department before the filing of the notice of
determination pursuant to Section 21080.5 of the Public Resources
Code.
(e) The county clerk may charge a documentary handling fee of
fifty dollars ($50) per filing in addition to the filing fee
specified in subdivision (d).
(1) The county clerk of each county and the Office of Planning and
Research shall maintain a record, both electronic and in paper, of
all environmental documents received. The record shall include, for
each environmental document received, the name of each applicant or
lead agency, the document filing number, the project name as approved
by the lead agency, and the filing date. The record shall be made
available for examination or audit by authorized personnel of the
department during normal business hours.
(2) The filing fee imposed and collected pursuant to subdivision
(d) shall be remitted monthly to the department within 30 days after
the end of each month. The remittance shall be accompanied with the
information required pursuant to paragraph (1). The amount of fees
due shall be reported on forms prescribed and provided by the
department.
(3) The department shall assess a penalty of 10 percent of the
amount of fees due for a failure to remit the amount payable when
due. The department may pursue collection of delinquent fees through
the Controller's office pursuant to Section 12419.5 of the Government
Code.
(f) Notwithstanding Section 12000, failure to pay the fee under
subdivision (d) is not a misdemeanor. All unpaid fees are a statutory
assessment subject to collection under procedures as provided in the
Revenue and Taxation Code.
(g) Only one filing fee shall be paid for each project unless the
project is tiered or phased, or separate environmental documents are
required.
(h) This section does not preclude or modify the duty of the
department to recommend, require, permit, or engage in mitigation
activities pursuant to the California Environmental Quality Act.
(i) The permit process of the California Coastal Commission, as
certified by the Secretary of the Resources Agency, is exempt from
the payment of the filing fees prescribed by paragraph (4) of
subdivision (d) insofar as the permits are issued under any of the
following regulations:
(1) Subchapter 4 (commencing with Section 13136) of Chapter 5 of
Division 5.5 of Title 14 of the California Code of Regulations.
(2) Subchapter 1 (commencing with Section 13200), Subchapter 3
(commencing with Section 13213), Subchapter 3.5 (commencing with
Section 13214), Subchapter 4 (commencing with Section 13215),
Subchapter 4.5 (commencing with Section 13238), Subchapter 5
(commencing with Section 13240), Subchapter 6 (commencing with
Section 13250), and Subchapter 8 (commencing with Section 13255.0) of
Chapter 6 of Division 5.5 of Title 14 of the California Code of
Regulations.
SEC. 2. Section 115843.5 of the Health and Safety Code is amended
to read:
115843.5. (a) In the Canyon Lake Reservoir, recreational uses
shall not include recreation in which any participant has bodily
contact with the water, unless both of the following conditions are
satisfied:
(1) The water subsequently receives complete water treatment, in
compliance with all applicable department regulations, including
coagulation, flocculation, sedimentation, filtration, and
disinfection, before being used for domestic purposes. The
disinfection shall include, but is not limited to, an advanced
technology capable of inactivating organisms, including, but not
limited to, viruses, cryptosporidium, and giardia, to levels that
comply with department regulations. The treatment shall include, but
need not be limited to, ozonation or ultra violet disinfection. The
treatment shall, at a minimum, comply with all state laws and
department regulations and all federal laws and regulations,
including, but not limited to, the federal Environmental Protection
Agency Long-Term 2 Enhanced Surface Water Treatment regulations.
Nothing in this division shall limit the state or the department from
imposing more stringent treatment standards than those required by
federal law.
(2) The reservoir is operated in compliance with regulations of
the department.
(b) The recreational use may be subject to additional conditions
and restrictions adopted by the entity operating the water supply
reservoir or required by the department, if those conditions and
restrictions do not conflict with regulations of the department, and
are required to further protect or enhance the public health and
safety.
(c) The Elsinore Valley Municipal Water District shall, by January
1, 2007, file a report with the Legislature on the recreational uses
at Canyon Lake Reservoir and the water treatment program. The report
shall include, but not necessarily be limited to, all of the
following information:
(1) Participation in watershedwide activities to improve water
quality in the Canyon Lake Reservoir.
(2) Annual results of volatile organic compounds, general
minerals, and nutrients testing results provided to the department.
(3) A summary of available monitoring in the Canyon Lake Reservoir
provided to the department for giardia and cryptosporidium.
(4) The most current sanitary survey of the watershed and water
quality monitoring plan.
(5) A summary of monthly reports provided to the department on
intake water bacteria and water quality.
(6) A summary of monthly reports provided to the department on
water usage in Canyon Lake Reservoir.
(7) An evaluation of the impact on source water quality due to
recreational activities on the Canyon Lake Reservoir, including any
microbiological monitoring, and a summary of monthly reports provided
to the department on treatment plant performance.
(8) A summary of activities between Elsinore Valley Municipal
Water District and the Canyon Lake Property Owners Association for
operation of recreational uses and facilities in a manner that
optimizes the water quality.
(9) The reservoir management plan and the operations plan.
(10) The annual water quality reports submitted to consumers each
year.
(d) If there is a change in operation of the treatment facility or
a change in the quantity of water to be treated at the treatment
facility, the department may require the Elsinore Valley Municipal
Water District to file a report that includes, but is not limited to,
the information required pursuant to subdivision (c), and the
district shall demonstrate to the satisfaction of the department that
water quality will not be adversely affected.
SEC. 3. Section 21161 of the Public Resources Code is amended to
read:
21161. Whenever a public agency has completed an environmental
impact report, it shall cause a notice of completion of that report
to be filed with the Office of Planning and Research. The notice of
completion shall briefly identify the project and shall indicate that
an environmental impact report has been prepared. The notice of
completion shall identify the project location by latitude and
longitude. Failure to file the notice required by this section shall
not affect the validity of a project.
SEC. 4. No reimbursement is required by this act pursuant to
Section 6 of Article XIII B of the California Constitution because a
local agency or school district has the authority to levy service
charges, fees, or assessments sufficient to pay for the program or
level of service mandated by this act, within the meaning of Section
17556 of the Government Code.
SEC. 5. 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:
To ensure the protection of the environment at the earliest
possible time, it is necessary that this act take effect immediately.