BILL NUMBER: ABX3 41 AMENDED
BILL TEXT
AMENDED IN ASSEMBLY JUNE 28, 2009
INTRODUCED BY Assembly Member Evans
JUNE 18, 2009
An act relating to the Budget Act of 2009.
An act to add Sections 2864 and 5653.1 to the Fish and Game Code, to
amend Sections 14022 and 14023 of the Food and Agricultural Code, to
amend Sections 25173.6, 25299.43, 25299.50.2, and 25404 of, and to
add Chapter 7 (commencing with Section 42900) to Part 4
of, the Health and Safety Code, to amend Sections 4464, 4475, 4475.5,
4799.04, 4799.12, 21191, 25218, 25414, 25415, 25416, 25420, 25450,
25450.1, 25450.2, 25450.3, and 48653 of, to add Sections 4557, 25422,
25450.4, and 25450.5 to, to add Chapter 1.5 (commencing with Section
4210) to Part 2 of Division 4 of, and to add Chapter 5.6 (commencing
with Section 25460) and Chapter 5.7 (commencing with Section 25470)
to Division 15 of, the Public Resources Code, to amend
Sections 5106 and 5108 of the Vehicle Code, and to amend Section 8551
of, and to add Sections 147 and 79424 to, the Water Code, relating
to public resources, and making an appropriation therefor.
LEGISLATIVE COUNSEL'S DIGEST
AB 41, as amended, Evans. Budget Act of 2009.
Natural Resources.
(1) Existing law, the Marine Life Management Act of 1998,
generally establishes a comprehensive plan for the management of
marine life resources, and utilizes fishery management plans as the
primary basis for managing the state's sport and commercial marine
fisheries. Existing law requires the Department of Fish and Game to
submit fishery management plans to the Fish and Game Commission for
adoption or rejection and also requires the Director of Fish and Game
to report annually in writing to the commission on the status of
sport and commercial marine fisheries managed by the state and
identify those fisheries that do not meet the sustainability policies
set forth in the act.
Existing law, the Marine Life Protection Act, establishes the
Marine Life Protection Program to reexamine and redesign California's
marine protected area system. Existing law requires the Fish and
Game Commission to adopt a master plan that guides the adoption and
implementation of the program.
This bill would require the Natural Resources Agency to prepare an
annual report regarding all private funds expended on implementing
the Marine Life Protection Act and identify efforts made to secure
similar funding for implementation of the Marine Life Management Act
of 1998. The bill would require the department to submit a report to
the Legislature by January 1, 2010, that addresses the implementation
of the Marine Life Management Act of 1998 and the Marine Life
Protection Act and the money in which implementation of the acts are
being coordinated.
This bill would state that members of the advisory committees
established to advise the Secretary of Natural Resources, the
commission, or the department on the Marine Life Protection Act and
the Marine Life Management Act of 1998 are subject to the Political
Reform Act of 1974 and the Bagley-Keene Opening Meeting Act.
(2) Existing law prohibits the use of any vacuum or suction
dredge equipment by any person in any river, stream, or lake of this
state without a permit issued by the Department of Fish and Game.
Under existing law, it is unlawful to possess a vacuum or suction
dredge in areas, or in or within 100 yards of waters, that are closed
to the use of vacuum or suction dredges. A violation of the permit
requirement is a misdemeanor. The department is authorized to close
areas otherwise open for dredging and for which permits have been
issued if there is an unanticipated water level change and the
department determines that closure is necessary to protect fish and
wildlife resources. Existing law requires the department to adopt
regulations to implement certain of the vacuum or suction dredge
equipment requirements and authorizes the department to issue
regulations with respect to other requirements. Existing law requires
that the regulations be adopted in accordance with the requirements
of the California Environmental Quality Act (CEQA).
CEQA requires a lead agency, as defined, to prepare, or cause to
be prepared by contract, and certify the completion of, an
environmental impact report on a project, as defined, that it
proposes to carry out or approve 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. The act exempts from its
provisions, among other things, certain types of ministerial projects
proposed to be carried out or approved by public agencies, and
emergency repairs to public service facilities necessary to maintain
service.
This bill would prohibit the use of any vacuum or suction dredge
equipment in any river, stream, or lake until the director of the
department certifies to the Secretary of State that (1) the
department has completed an environmental review of its existing
vacuum or suction dredge equipment regulations as ordered by the
court in a specified court action, (2) the department has transmitted
for filing with the Secretary of State a certified copy of new
regulations, as necessary, and (3) the new regulations are operative.
(3) Existing law requires the Director of Pesticide Regulation, in
consultation with the State Department of Health Services and the
State Air Resources Board, to evaluate the health effects of
pesticides which may be or are emitted into the ambient air of
California and which may be determined to be a toxic air contaminant
which poses a present or potential hazard to human health.
This bill would instead require the Office of Environmental Health
Hazard Assessment, on behalf of the director, to conduct those
evaluations.
(4) Under existing law, upon completion of the evaluation, the
director, in consultation and with the participation of the State
Department of Health Services, is required to prepare a report on the
health effects of the pesticide which may be determined to be a
toxic air contaminant which poses a present or potential hazard to
human health due to airborne emission from its use and to submit the
report to a scientific review panel, which reviews the report and
submits its written findings to the director.
This bill would instead require the Office of Environmental Health
Hazard Assessment, on behalf of the director and in consultation
with, and with the participation of, the Department of Pesticide
Regulation and the State Department of Public Health, to conduct
those reports.
This bill would also make various conforming and technical
changes.
(5) Existing law establishes the Toxic Substances Control Account
in the General Fund. Existing law authorizes the moneys deposited in
the account to be appropriated to the Department of Toxic Substances
Control for specified purposes, including the administration of the
Human and Ecological Risk Division, the Hazardous Materials
Laboratory, and the Office of Pollution Prevention and Technology
Development, all within the department.
This bill would change the reference to the Hazardous Materials
Laboratory to the Environmental Chemistry Laboratory, and specify
that moneys deposited in the account also may be appropriated to the
department for the administration of the successor organizations of
the specified units of the department, and for the implementation of
programs administered by those units or successor organizations. The
bill also would authorize moneys in the account to be appropriated to
the department for activities of the department related to pollution
prevention and technology development, as specified.
(6) Existing law requires the owner or operator of an underground
petroleum storage tank, or other responsible party, to take
corrective action, as defined, in response to an unauthorized release
of petroleum from the tank. A person required to perform corrective
action may apply to the State Water Resources Control Board for
payment of specified portions of the costs of corrective action.
Existing law establishes the Underground Storage Tank Cleanup Fund in
the State Treasury and authorizes the money in the fund to be used,
upon appropriation by the Legislature, to pay those claims, and,
among other things, for corrective actions undertaken by the board, a
California regional water quality control board, or a local agency,
and for the cleanup and oversight of unauthorized releases at
abandoned tank sites. Existing law imposes certain petroleum storage
fees upon the owner of an underground storage tank for which a permit
is required and requires those fees to be deposited in the fund.
This bill would increase a specified petroleum storage fee by
$0.006 per gallon of petroleum stored, on and after January 1, 2010.
By operation of existing law, the revenue resulting from the increase
would be required to be deposited in the fund and be available, upon
appropriation, for expenditure for the purposes authorized under
existing law for money in the fund.
(7) Existing law establishes the Underground Storage Tank
Petroleum Contamination Orphan Site Cleanup Fund (fund) in the State
Treasury until January 1, 2016, and transfers $10,000,000, for each
of the 2008-09, 2009-10, and 2010-11 fiscal years, from the
Underground Storage Tank Cleanup Fund to the fund, for expenditure,
upon appropriation by the Legislature, for the costs of response
actions to remediate the harm caused by a petroleum contamination at
a site that meets specified conditions.
This bill would authorize available federal moneys to be deposited
in the fund, and would require the amount transferred in a fiscal
year to the fund from the Underground Storage Tank Cleanup Fund to be
reduced by the amount of federal moneys deposited in the fund in
that fiscal year. The bill would require that if an expenditure from
the fund includes federal moneys deposited in the fund, the
expenditure be consistent with all applicable requirements for
expenditure of the federal moneys. The bill would specify that the
State Water Resources Control Board is the entity expending moneys
from the fund upon appropriation by the Legislature.
(8) Existing law requires the Secretary for Environmental
Protection to implement a unified hazardous waste and hazardous
materials management regulatory program known as the unified program.
The unified program is required to consolidate the administration of
specified hazardous waste and hazardous materials management
requirements. The secretary is required to establish standards
applicable to Certified Unified Program Agencies (CUPAs),
participating agencies (PAs), state agencies, and businesses
specifying the data to be collected and submitted by unified program
agencies in administering the specified requirements. Existing law
requires the secretary, by January 1, 2010, to establish a statewide
information management system capable of receiving all data collected
by the unified program agencies and reported by regulated
businesses, as specified. Existing law requires not less than 75% of
specified funding to be provided to CUPAs and PAs through grant funds
in the amounts determined by the secretary to assist those local
agencies in meeting information management system requirements.
This bill would require that funding to be provided through grant
funds or statewide contract services, rather than only through grant
funds.
The bill also would make technical, nonsubstantive changes.
(9) Existing law requires the State Air Resources Board to adopt
regulations to achieve the maximum feasible reduction in volatile
organic compounds emitted by consumer products, as defined, if the
state board makes certain findings. Existing law makes it a crime to
violate a nonvehicular pollution control law, as provided.
Existing law requires the Director of Pesticide Regulation to
develop control measures for certain pesticides designed to reduce
emissions in order to protect public health.
This bill would require the Department of Pesticide Regulation to
adopt regulations to reduce volatile organic compound (VOC) emissions
from agricultural and commercial structural pesticides by 20% from
the 1990 baseline inventory in the San Joaquin Valley, Sacramento
metropolitan, southeast desert, Ventura, and south coast
nonattainment areas. Because violations of the regulations would be a
crime, the bill would impose a state-mandated local program by
creating a new crime. The State Air Resources Board would be
authorized to adopt regulations to require greater reductions, if the
reductions are necessary to achieve applicable federal or state
ambient air quality standard. The state board would be required to
submit specified regulations to the United States Environmental
Protection Agency for inclusion in the state implementation plan
prepared in accordance with the federal Clean Air Act.
(10) Existing law requires the Department of Forestry and Fire
Protection to have the primary financial responsibility for
preventing and suppressing fires in areas that the State Board of
Forestry and Fire Protection has determined are state responsibility
areas.
This bill would require the department, on or before January 1,
2010, to adopt emergency regulations to establish a fee to cover the
cost of providing fire protection services associated with structures
in state responsibility areas, based on the fire hazard severity
zone in which a structure is located. The fee would be charged on
each structure on a parcel that is subject to property taxes and is
within a state responsibility area. The department would be required
to adjust the fees annually, as specified.
The bill would require the State Board of Equalization to collect
the fees commencing with the 2010-11 fiscal year, as prescribed. The
bill would require, by January 1, 2010, and each January 1
thereafter, the department to transmit the appropriate names and
addresses of persons who are liable for the fee and the amount of the
fee to be assessed by the State Board of Equalization.
The bill would establish the State Responsibility Area Fire Fund
and would require the fees collected, except that portion retained by
the State Board of Equalization, to be deposited into the fund and
to be available, upon appropriation by the Legislature, for fire
prevention and protection activities in state responsibility areas
and attributable to benefits conferred on structures subject to the
fee, as well as covering startup costs and the costs of
administration, as specified.
The State Board of Equalization would be required to retain and
expend, upon appropriation by the Legislature, the funds necessary to
pay refunds and for its expenses incurred in collection.
This bill would permit a person from whom a fee is determined to
be due to use an appeals process and, if applicable, a refund process
that would be established by the bill.
(11) Existing law, the Wildland Fire Protection Management Act of
1978, authorizes the Director of Forestry and Fire Protection to
enter into contracts, with the approval of the Director of General
Services, for prescribed burning or other hazardous fuel reduction
with the owner or any person who has legal control of any property or
any public agency with regulatory or natural resource management
authority over certain lands. The act authorizes the state to assume
a proportionate share of the costs of site preparation and prescribed
burning or other hazardous fuel reduction.
This bill would change the term "contract" to "agreement," and
would delete the requirement of approval by the Director of General
Services. The bill would also authorize the director to accept grants
and donations of equipment, materials, or funds from any source for
the purpose of supporting or facilitating the prescribed burning or
other hazardous fuels reduction work. The director would be
authorized to waive the cost sharing requirements of the act if the
funding source prohibits cost sharing requirements.
(12) Existing law authorizes the Department of Forestry and Fire
Protection to enter into agreements and make loans to encourage
private and public investment in, and improved management of, forest
lands and resources within the state to ensure adequate future
high-quality timber supplies, related employment and other economic
benefits, and the protection, maintenance, and enhancement of a
productive and stable forest resource system for the benefit of
present and future generations. The Director of Forestry and Fire
Protection is authorized to enter into agreements for forest resource
improvement work with eligible landowners that require cost sharing
on the part of the landowner and is required to deposit into the
Forest Resources Improvement Fund funds from any source for forest
resource improvement purposes.
This bill would allow the department to waive the cost sharing
requirement if the funding source for the authorized forest resource
improvement work prohibits cost sharing requirements. This bill would
prohibit any federal funds received as part of the American Recovery
and Reinvestment Act from being deposited into the Forest Resources
Improvement Fund.
(13) Existing law, the California Urban Forestry Act of 1978,
authorizes the Department of Forestry and Fire Protection to
implement a program in urban forestry to, among other things,
encourage better management and planting of trees in urban areas and
assist cities in innovative solutions to problems, including
greenhouse gas emissions, urban heat island effect, stormwater
management, lack of green space, and vandalism. The director, with
advice from other appropriate state agencies and interested parties,
is authorized to make grants to provide assistance of 25 to 90% of
costs for projects meeting guidelines established by the State Board
of Forestry and Fire Protection, upon recommendation by the director.
This bill would allow the director to waive the cost sharing
requirement if the funding source for a grant prohibits cost sharing
requirements.
(14) The Z'berg-Nejedly Forest Practice Act of 1973, which
regulates timber harvesting, contains legislative findings and
declarations relative to forest resources, including a declaration
that it is the policy of the state to encourage prudent and
responsible forest resource management calculated to serve the public'
s need for timber and other forest products, while giving
consideration to other specified public needs. The act requires the
State Board of Forestry and Fire Protection to adopt district forest
practice rules and regulations for each forest district. A willful
violation of the act or a rule or regulation of the board is a crime.
This bill would require the board to adopt regulations relating to
timber harvesting that protect chinook salmon and steelhead trout.
Because a willful violation of a rule or regulation adopted by the
board pursuant to the bill would be a crime, the bill would impose a
state-mandated local program.
(15) Existing law authorizes the issuance of environmental
license plates, as defined, for vehicles, upon application and upon
payment of certain fees. All revenue derived from the fees for
issuance, renewal, retention, duplication, and transfer of the plates
is required to be deposited in the California Environmental License
Plate Fund in the State Treasury.
This bill would increase the fees for issuance, renewal,
retention, duplication, and transfer of the environmental license
plates.
(16) The Energy Conservation Assistance Act of 1979 (act)
establishes the State Energy Conservation Assistance Account
(account), a continuously appropriated account, that is administered
by the State Energy Resources Conservation and Development Commission
to provide grants and loans to various public entities to maximize
energy use savings in existing and planned buildings and facilities.
The act authorizes the commission to approve an application for a
loan only in those instances where the applicant demonstrates that
the costs of the project, plus interest on state funds loaned, will
be recovered through savings in the cost of energy to the institution
during the repayment period. The act authorizes the commission to
make grants in an amount that does not exceed 5% of the annual
appropriation from the account. The act authorizes the commission to
expend funds from the account for the actual administrative costs to
the commission in implementing the act in an amount that does not
exceed 5% of the total appropriation. The act also requires, in
specified circumstances, the commission to periodically set interest
rates on loans based on surveys of existing financial markets and at
rates not less than 3% per annum.
This bill would authorize the commission to make grants in an
amount that does not exceed 5% of, and to recover its administrative
costs in an amount that does not exceed 5% of, the annual
unencumbered balance in the account as determined by the commission
on July 1 of each fiscal year. This bill would also require the
commission to decrease the interest rate to not less than 1% per
annum.
The federal Energy Independence and Security Act of 2007
establishes the Energy Efficiency and Conservation Block Grant
Program to provide funds to the state to assist eligible entities in
improving energy efficiency and reducing the total energy use of
eligible entities. Existing law authorizes the commission to
undertake certain actions and to administer a block grant program
funded by the federal Energy Independence and Security Act of 2007 to
reduce fossil fuel emission, improve energy efficiency, and reduce
overall energy use. Existing law authorizes the commission to recover
certain administrative expenses incurred in implementing the block
grant program. Existing law prohibits the commission from expending
more than 5% of the federal funds received for allowable
administrative costs.
This bill would authorize the commission to administer funds
appropriated by the federal American Recovery and Reinvestment Act of
2009 for the Energy Efficiency and Conservation Block Grant Program
and to award contracts, grants, and loans for energy-related
projects. The bill would additionally specify that the recoverable
administrative costs include costs related, but not limited, to
reporting, recordkeeping, and evaluation activities required by
federal law, as well as implementing regulations and guidelines. The
bill would authorize the commission to adopt guidelines implementing
the block grant program and would subject the awarding of grants and
loans to an appeal to the commission upon a showing that the award is
based on factors other than those described in the guidelines.
This bill would make an appropriation by requiring that the
repayment of loans made in accordance with the federal acts be
deposited into the account and used to make additional loans pursuant
to above provisions.
This bill would also establish in the State Treasury the Energy
Efficient State Property Revolving Loan Fund. The money in the fund
would be continuously appropriated to the Department of General
Services for revolving loan funds for projects on state-owned
buildings and facilities to achieve greater, long-term energy
efficiency, energy conservation, and energy cost and use avoidance,
to be allocated as specified. For the fiscal year beginning July 1,
2009, the bill would require $25,000,000 to be transferred into the
fund from money received by the commission pursuant to the federal
American Recovery and Reinvestment Act of 2009. On or before January
1, 2010, and annually thereafter, the bill would require the
department, in collaboration with the commission, to submit a report
to the Legislature, containing specified information. The bill would
require any repayment of loans made pursuant to this authority to be
deposited into the fund, thereby making an appropriation.
(17) The California Oil Recycling Enhancement Act, administered
by the California Integrated Waste Management Board, among other
things, defines terms and establishes the used oil recycling program.
The act requires the board to deposit all revenues received pursuant
to the act, in the California Used Oil Recycling Fund, part of which
is continuously
appropriated to the board to pay recycling incentives, to provide a
reserve for contingencies, to make specified block grants for
implementation of certain local used oil collection programs in a
total amount equal to $10,000,000 or one-half the amount remaining in
the fund after specified expenditures are made, for certain grants
and loans, and for reimbursement for certain disposal costs of
contaminated used oil.
This bill would require the board, during fiscal years 2009-10 and
2010-11, to apply any necessary reductions to block grants in an
equitable manner that takes into account prior year block grants that
are held in reserves by local organizations as available resources
for grantees to use in their operations.
(18) Under existing law, the Department of Water Resources
operates the State Water Resources Development System.
This bill would require the department, on or before January 10,
2010, and annually thereafter, to prepare and submit to the fiscal
committees of the Legislature a report that describes the budget of
the State Water Resources Development System.
(19) Existing law establishes the Central Valley Flood Protection
Board, which is required to carry out specified flood protection
functions. The board is required to consist of 9 members who meet
specified requirements, except that existing law provides for the
continuing service of board members holding office on December 31,
2007, until their successors are appointed and have been qualified to
hold office.
This bill would instead provide for the continuing service of the
members of the board holding office on December 31, 2007, until
January 1, 2010.
(20) Existing law, the California Bay-Delta Authority Act,
establishes in the Natural Resources Agency the California Bay-Delta
Authority. The act requires the authority and the implementing
agencies to carry out programs, projects, and activities necessary to
implement the California Bay-Delta Program. The act requires the
authority to develop policies and make decisions at program
milestones, and to provide direction to achieve balanced
implementation, integration, and continuous improvement in all
program elements, including the science element.
This bill would require the authority to post on its Internet Web
site information relating to the awarding of grants that implement
the science element of the CALFED Bay-Delta Program.
(21) 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.
(22) The California Constitution authorizes the Governor to
declare a fiscal emergency and to call the Legislature into special
session for that purpose. The Governor issued a proclamation
declaring a fiscal emergency, and calling a special session for this
purpose, on December 19, 2008.
This bill would state that it addresses the fiscal emergency
declared by the Governor by proclamation issued on December 19, 2008,
pursuant to the California Constitution.
This bill would express the intent of the Legislature to enact
statutory changes relating to the Budget Act of 2009.
The California Constitution authorizes the Governor to declare a
fiscal emergency and to call the Legislature into special session for
that purpose. The Governor issued a proclamation declaring a fiscal
emergency, and calling a special session for this purpose, on
December 19, 2008.
This bill would state that it addresses the fiscal emergency
declared by the Governor by proclamation issued on December 19, 2008,
pursuant to the California Constitution.
Vote: majority. Appropriation: no yes
. Fiscal committee: no yes .
State-mandated local program: no yes .
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 2864 is added to the
Fish and Game Code , to read:
2864. (a) It is the intent of the Legislature to encourage the
utilization of private funds to improve the management of fisheries
through the development and implementation of fishery management
plans adopted pursuant to the Marine Life Management Act of 1998
(Part 1.7 (commencing with Section 7050) of Division 6) that promote
long-term stewardship and collaboration with fishery participants to
develop strategies that increase environmental and economic
sustainability, similar to the way in which private funds have been
raised and used to support the Marine Life Protection Act (Chapter
10.5 (commencing with Section 2850) of Division 3).
(b) The Natural Resources Agency shall, by March 30, 2010, and
each year thereafter, prepare a report to be submitted to the
Legislature regarding all private funds expended for researching,
developing, and implementing the Marine Life Protection Act. The
report shall also identify efforts made to secure similar funding for
implementation of the Marine Life Management Act of 1998. The report
shall be made available to the public on the Natural Resources
Agency's Internet Web site.
(c) Members of the advisory committees established to advise the
Secretary of Natural Resources, the Department of Fish and Game, and
the Fish and Game Commission on the Marine Life Protection Act and
the Marine Life Management Act of 1998 are subject to the Political
Reform Act of 1974 (Title 9 (commencing with Section 81000) of the
Government Code) and the Bagley-Keene Open Meeting Act (Article 9
(commencing with Section 11120) of Chapter 1 of Part 1 of Division 3
of Title 2 of the Government Code).
(d) The department shall prepare and submit a report to the
Legislature by January 1, 2010, that addresses all of the following:
(1) The steps that have been taken to implement the Marine Life
Management Act of 1998.
(2) The additional steps that are planned to implement the Marine
Life Management Act of 1998 in the next two years.
(3) The factors that have prevented implementation of the Marine
Life Management Act of 1998 from keeping pace with implementation of
the Marine Life Protection Act.
(4) The manner in which implementation of the Marine Life
Management Act of 1998 and the Marine Life Protection Act are being
coordinated.
SEC. 2. Section 5653.1 is added to the
Fish and Game Code , to read:
5653.1. (a) The issuance of permits to operate vacuum or suction
dredge equipment is a project pursuant to the California
Environmental Quality Act (Division 13 (commencing with Section
21000) of the Public Resources Code) and permits may only be issued,
and vacuum or suction dredge mining may only occur as authorized by
any existing permit, if the department has caused to be prepared, and
certified the completion of, an environmental impact report for the
project pursuant to the court order and consent judgment entered in
the case of Karuk Tribe of California et al. v. California Department
of Fish and Game et al., Alameda County Superior Court Case No. RG
05211597.
(b) Notwithstanding Section 5653, the use of any vacuum or suction
dredge equipment in any river, stream, or lake of this state is
prohibited until the director certifies to the Secretary of State
that all of the following have occurred:
(1) The department has completed the environmental review of its
existing suction dredge mining regulations, as ordered by the court
in the case of Karuk Tribe of California et al. v. California
Department of Fish and Game et al., Alameda County Superior Court
Case No. RG 05211597.
(2) The department has transmitted for filing with the Secretary
of State pursuant to Section 11343 of the Government Code a certified
copy of new regulations adopted, as necessary, pursuant to Chapter
3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title
2 of the Government Code.
(3) The new regulations described in paragraph (2) are operative.
SEC. 3. Section 14022 of the Food and
Agricultural Code is amended to read:
14022. (a) In consultation with the State Department of
Health Services Public Health and the State Air
Resources Board, the director Office of
Environmental Health Hazard Assessment shall , on behalf
of the director, evaluate the health effects of pesticides
which that may be or are emitted into
the ambient air of California and which that
may be determined to be a toxic air contaminant which
that poses a present or potential hazard to
human health. Upon request of the State Air Resources Board, the
director shall include a pesticide for evaluation.
(b) The director Office of Environmental
Health Hazard Assessment shall complete the evaluation of a
pesticide within 90 days after receiving the scientific data
specified in subdivision (c) from the State Department of
Health Services Public Health and the State Air
Resources Board. The director may extend the 90-day deadline for a
period not to exceed 30 days if the director transmits to the
Assembly Committee on Rules and the Senate Committee on Rules, for
transmittal to the appropriate standing, select, or joint committee
of the Legislature, a statement of reasons for extension of the
deadline.
(c) In conducting this evaluation, the director
Office of Environmental Health Hazard Assessment shall
consider all available scientific data, including, but not limited
to, relevant data provided by the State Department of Health
Services Public Health , the Occupational Safety
and Health Division of the Department of Industrial Relations,
international and federal health agencies, private industry, academic
researchers, and public health and environmental organizations. At
the request of the director, the State Air Resources Board shall
document the level of airborne emissions and the State Department of
Health Services Public Health shall
provide an assessment of related health effects of pesticides
which that may be determined to pose a
present or potential hazard and each agency shall provide technical
assistance to the department Office of
Environmental Health Hazard Assessment as it conducts its
evaluation.
(d) The director may request, and any person shall provide,
information on any substance which that
is or may be under evaluation and which that
is manufactured, distributed, or used by the person to whom the
request is made, in order to carry out his or her responsibilities
pursuant to this chapter. Any person providing information pursuant
to this subdivision shall, at the request of the director, identify
that portion of the information submitted to the department
which that is a trade secret and, upon the
request of the director, shall provide documentation to support the
claim of the trade secret. Information supplied which
that is a trade secret, as specified in Section
6254.7 of the Government Code, and which is so marked at the time of
submission shall not be released to the public by the director,
except in accordance with Section 1060 of the Evidence Code and
Section 21160 of the Public Resources Code.
(e) The director shall give priority to the evaluation and
regulation of substances based on factors related to the risk of harm
to public health, amount or potential amount of emissions, manner of
usage of the pesticide in California, persistence in the atmosphere,
and ambient concentrations in the community.
SEC. 4. Section 14023 of the Food and
Agricultural Code is amended to read:
14023. (a) Upon completion of the evaluation conducted pursuant
to Section 14022, the director Office of
Environmental Health Hazard Assessment shall, on behalf of
the director and in consultation with, and with the
participation of , the department and the State
Department of Health Services Public Health
, prepare a report on the health effects of the pesticide
which that may be determined to be a
toxic air contaminant which that poses
a present or potential hazard to human health due to airborne
emission from its use. The report shall assess the availability and
quality of data on health effects, including potency, mode of action,
and other relevant biological factors, of the substance. The report
shall also contain an estimate of the levels of exposure
which that may cause or contribute to adverse
health effects and, in the case where there is no threshold of
significant adverse health effects, the range of risk to humans,
resulting from current or anticipated exposure. The report shall
include the findings of the State Department of Health
Services Public Health . The report shall be
made available to the public, subject to subdivision (d) of Section
14022.
(b) The report prepared pursuant to subdivision (a) shall be
formally reviewed by the scientific review panel established
according to Section 39670 of the Health and Safety Code. The
director shall also make available the data deemed necessary to the
scientific review panel, according to departmental procedures
established to ensure confidentiality of proprietary information. The
panel shall review, as appropriate, the scientific data on which the
report is based, the scientific procedures and methods used to
support the data, and the conclusions and assessments on which the
report is based. The panel shall submit its written findings to the
director within 45 days after receiving the report, but it may
petition the director for an extension of the deadline, which may not
exceed 15 working days.
(c) If the scientific review panel determines that the health
effects report is seriously deficient, the report shall be returned
to the director who shall revise and resubmit the report, within 30
days following receipt of the panel's determination, to the panel
prior to development of emission control measures.
(d) Within 10 working days following receipt of the findings of
the scientific review panel pursuant to subdivision (b), the director
shall prepare a hearing notice and a proposed regulation
which that shall include the proposed
determination as to whether a pesticide is a toxic air contaminant.
After conducting a public hearing pursuant to Chapter 3.5 (commencing
with Section 11340) of Part 1 of Division 3 of Title 2 of the
Government Code, the director shall list, by regulation, pesticides
determined to be toxic air contaminants.
(e) The director shall determine, in consultation with the State
Department of Public Health Services
, the Office of Environmental Health Hazard Assessment ,
the State Air Resources Board, and the air pollution control
districts or air quality management districts in the affected
counties, the need for and appropriate degree of control measures for
each pesticide listed as a toxic air contaminant pursuant to
subdivision (d). Any person may submit written information for
consideration by the director in making determinations on control
measures.
SEC. 5. Section 25173.6 of the Health
and Safety Code is amended to read:
25173.6. (a) There is in the General Fund the Toxic Substances
Control Account, which shall be administered by the director. In
addition to any other money that may be appropriated by the
Legislature to the Toxic Substances Control Account, all of the
following shall be deposited in the account:
(1) The fees collected pursuant to Section 25205.6.
(2) The fees collected pursuant to Section 25187.2, to the extent
that those fees are for oversight of a removal or remedial action
taken under Chapter 6.8 (commencing with Section 25300) or Chapter
6.85 (commencing with Section 25396).
(3) Fines or penalties collected pursuant to this chapter, Chapter
6.8 (commencing with Section 25300) or Chapter 6.85 (commencing with
Section 25396), except as directed otherwise by Section 25192.
(4) Interest earned upon money deposited in the Toxic Substances
Control Account.
(5) All money recovered pursuant to Section 25360, except any
amount recovered on or before June 30, 2006, that was paid from the
Hazardous Substance Cleanup Fund.
(6) All money recovered pursuant to Section 25380.
(7) Reimbursements for funds expended from the Toxic Substances
Control Account for services provided by the department, including,
but not limited to, reimbursements required pursuant to Sections
25201.9 and 25343.
(8) Money received from the federal government pursuant to the
federal Comprehensive Environmental Response, Compensation, and
Liability Act of 1980, as amended (42 U.S.C. Sec. 9601 et seq.).
(9) Money received from responsible parties for remedial action or
removal at a specific site, except as otherwise provided by law.
(b) The funds deposited in the Toxic Substances Control Account
may be appropriated to the department for the following purposes:
(1) The administration and implementation of the following:
(A) Chapter 6.8 (commencing with Section 25300), except that funds
shall not be expended from the Toxic Substances Control Account for
purposes of Section 25354.5.
(B) Chapter 6.85 (commencing with Section 25396).
(C) Article 10 (commencing with Section 7710) of Chapter 1 of
Division 4 of the Public Utilities Code, to the extent the department
has been delegated responsibilities by the secretary for
implementing that article.
(D) Activities of the department related to pollution prevention
and technology development, authorized pursuant to this chapter.
(2) The administration of the following units , and successor
organizations of those units, within the department , and
the implementation of programs administered by those units or
successor organizations :
(A) The Human and Ecological Risk Division.
(B) The Hazardous Materials Environmental
Chemistry Laboratory.
(C) The Office of Pollution Prevention and Technology Development.
(3) For allocation to the Office of Environmental Health Hazard
Assessment, pursuant to an interagency agreement, to assist the
department as needed in administering the programs described in
subparagraphs (A) and (B) of paragraph (1).
(4) For allocation to the State Board of Equalization to pay
refunds of fees collected pursuant to Section 43054 of the Revenue
and Taxation Code.
(5) For the state share mandated pursuant to paragraph (3) of
subsection (c) of Section 104 of the federal Comprehensive
Environmental Response, Compensation, and Liability Act of 1980, as
amended (42 U.S.C. Sec. 9604(c)(3)).
(6) For the purchase by the state, or by a local agency with the
prior approval of the director, of hazardous substance response
equipment and other preparations for response to a release of
hazardous substances. However, all equipment shall be purchased in a
cost-effective manner after consideration of the adequacy of existing
equipment owned by the state or the local agency, and the
availability of equipment owned by private contractors.
(7) For payment of all costs of removal and remedial action
incurred by the state, or by any a
local agency with the approval of the director, in response to a
release or threatened release of a hazardous substance, to the extent
the costs are not reimbursed by the federal Comprehensive
Environmental Response, Compensation, and Liability Act of 1980, as
amended (42 U.S.C. Sec. 9601 et seq.).
(8) For payment of all costs of actions taken pursuant to
subdivision (b) of Section 25358.3, to the extent that these costs
are not paid by the federal Comprehensive Environmental Response,
Compensation, and Liability Act of 1980, as amended (42 U.S.C. Sec.
9601 et seq.).
(9) For all costs incurred by the department in cooperation with
the Agency for Toxic Substances and Disease Registry established
pursuant to subsection (i) of Section 104 of the federal
Comprehensive Environmental Response, Compensation, and Liability Act
of 1980, as amended (42 U.S.C. Sec. 9604(i)) and all costs of health
effects studies undertaken regarding specific sites or specific
substances at specific sites. Funds appropriated for this purpose
shall not exceed five hundred thousand dollars ($500,000) in
any a single fiscal year. However, these
actions shall not duplicate reasonably available federal actions and
studies.
(10) For repayment of the principal of, and interest on, bonds
sold pursuant to Article 7.5 (commencing with Section 25385) of
Chapter 6.8.
(11) For the reasonable and necessary administrative costs and
expenses of the Hazardous Substance Cleanup Arbitration Panel created
pursuant to Section 25356.2.
(12) Direct site remediation costs.
(13) For the department's expenses for staff to perform oversight
of investigations, characterizations, removals, remediations, or
long-term operation and maintenance.
(14) For the administration and collection of the fees imposed
pursuant to Section 25205.6.
(15) For allocation to the office of the Attorney General,
pursuant to an interagency agreement or similar mechanism, for the
support of the Toxic Substance Enforcement Program in the office of
the Attorney General, in carrying out the purposes of Chapter 6.8
(commencing with Section 25300) and Chapter 6.85 (commencing with
Section 25396).
(16) For funding the California Environmental Contaminant
Biomonitoring Program established pursuant to Chapter 8 (commencing
with Section 105440) of Part 5 of Division 103.
(c) The funds deposited in the Toxic Substances Control Account
may be appropriated by the Legislature to the Office of Environmental
Health Hazard Assessment and the State Department of Public Health
for the purposes of carrying out their duties pursuant to the
California Environmental Contaminant Biomonitoring Program (Chapter 8
(commencing with Section 105440) of Part 5 of Division 103).
(d) The director shall expend federal funds in the Toxic
Substances Control Account consistent with the requirements specified
in Section 114 of the federal Comprehensive Environmental Response,
Compensation, and Liability Act of 1980, as amended (42 U.S.C. Sec.
9614), upon appropriation by the Legislature, for the purposes for
which they were provided to the state.
(e) Money in the Toxic Substances Control Account shall not be
expended to conduct removal or remedial actions if any
a significant portion of the hazardous
substances to be removed or remedied originated from a source outside
the state.
(f) The Director of Finance, upon request of the director, may
make a loan from the General Fund to the Toxic Substances 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.
(g) The Toxic Substances Control Account established pursuant to
subdivision (a) is the successor fund of all of the following:
(1) The Hazardous Substance Account established pursuant to
Section 25330, as that section read on June 30, 2006.
(2) The Hazardous Substance Clearing Account established pursuant
to Section 25334, as that section read on June 30, 2006.
(3) The Hazardous Substance Cleanup Fund established pursuant to
Section 25385.3, as that section read on June 30, 2006.
(4) The Superfund Bond Trust Fund established pursuant to Section
25385.8, as that section read on June 30, 2006.
(h) On and after July 1, 2006, all assets, liabilities, and
surplus of the accounts and funds listed in subdivision (g), shall be
transferred to, and become a part of, the Toxic Substances Control
Account, as provided by Section 16346 of the Government Code. All
existing appropriations from these accounts, to the extent
encumbered, shall continue to be available for the same purposes and
periods from the Toxic Substances Control Account.
(i) The department, on or before February 1 of each year, shall
report to the Governor and the Legislature on the prior fiscal year's
expenditure of funds within the Toxic Substances Control Account for
the purposes specified in subdivision (b).
SEC. 6. Section 25299.43 of the Health
and Safety Code is amended to read:
25299.43. (a) To implement the changes to this chapter made by
the act adding this section, and consistent with Section 25299.40,
effective January 1, 1995, every owner subject to Section 25299.41
shall pay a storage fee of one mill ($0.001) for each gallon of
petroleum placed in an underground storage tank which the person
owns, in addition to the fee required by Section 25299.41.
(b) On and after January 1, 1996, the storage fee imposed under
subdivision (a) shall be increased by two mills ($0.002) for each
gallon of petroleum placed in an underground storage tank.
(c) On and after January 1, 1997, the storage fee increased under
subdivision (b) shall be increased by an additional three mills
($0.003) for each gallon of petroleum placed in an underground
storage tank.
(d) On and after January 1, 2005, the storage fee increased under
subdivision (c) shall be increased by an additional one mill ($0.001)
for each gallon of petroleum placed in an underground storage tank.
(e) On and after January 1, 2006, the storage fee increased under
subdivision (d) shall be increased by an additional one mill ($0.001)
for each gallon of petroleum placed in an underground storage tank.
(f) On and after January 1, 2010, the storage fee increased under
subdivision (e) shall be increased by an additional 6 mills ($0.006)
for each gallon of petroleum placed in an underground storage tank.
(f)
(g) The fee imposed under this section shall
be paid to the State Board of Equalization under Part 26 (commencing
with Section 50101) of Division 2 of the Revenue and Taxation Code
in the same manner as, and consistent with, the fees imposed under
Section 24299.41.
(g)
(h) The State Board of Equalization shall
amend the regulations adopted under Section 25299.41 to carry out
this section.
SEC. 7. Section 25299.50.2 of the
Health and Safety Code is amended to read:
25299.50.2. (a) The Underground Storage Tank Petroleum
Contamination Orphan Site Cleanup Fund is hereby established in the
State Treasury.
(b) The (1) Except
as provided in paragraph (2), the sum of ten million dollars
($10,000,000) is hereby transferred, for each of the 2008-09,
2009-10, and 2010-11 fiscal years, from the Underground Storage Tank
Cleanup Fund to the Underground Storage Tank Petroleum Contamination
Orphan Site Cleanup Fund , for expenditure upon
.
(2) Available federal moneys may be
deposited in the Underground Storage Tank Petroleum Contamination
Orphan Site Cleanup Fund. The amount transferred pursuant to
paragraph (1) in a fiscal year shall be reduced by the amount of
federal moneys deposited in the Underground Storage Tank Petroleum
Contamination Orphan Site Cleanup Fund in that fiscal year.
(c) The board may expend the moneys in
the Underground Storage Tank Petroleum Contamination Orphan Site
Cleanup Fund, upon appropriation by the Legislature, for the
costs of response actions to remediate the harm caused by a petroleum
contamination, including contamination caused by a refined product
of petroleum or a petroleum derivative, at a site that meets all of
the following conditions:
(1) The site meets the conditions described in paragraph (2) of
subdivision (a) of Section 25395.20.
(2) The petroleum contamination is the principal source of
contamination at the site.
(3) The source of the petroleum contamination is, or was, an
underground storage tank.
(4) A financially responsible party has not been identified to pay
for remediation at the site.
(5) If the expenditure includes federal moneys deposited in the
Underground Storage Tank Petroleum Contamination Orphan Site Cleanup
Fund, the expenditure at the site is consistent with all applicable
requirements for expenditure of the federal moneys.
(c)
(d) Any funds in the Underground Storage Tank Petroleum
Contamination Orphan Site Cleanup Fund that are not expended in the
2009-10, 2010-11, or 2011-12 fiscal years shall remain in the
Underground Storage Tank Petroleum Contamination Orphan Site Cleanup
Fund until they are encumbered.
(d)
(e) Notwithstanding Section 16304.1 of the Government
Code, a disbursement in liquidation of an encumbrance may be made
before or during the four years following the last day the
appropriation is available for encumbrance.
(e)
(f) A recipient of a grant that was awarded pursuant to
former Section 25299.50.2, as that section read on December 31,
2007, and whose encumbrance under the grant was not liquidated within
the time period prescribed in Section 16304.1 of the Government
Code, may receive the undisbursed balance of the encumbrance from the
Underground Storage Tank Petroleum Contamination Orphan Site Cleanup
Fund consistent with the terms of the grant until June 30, 2011.
SEC. 8. Section 25404 of the Health and
Safety Code is amended to read:
25404. (a) For purposes of this chapter, the following terms
shall have the following meanings:
(1) (A) "Certified Unified Program Agency" or "CUPA" means the
agency certified by the secretary to implement the unified program
specified in this chapter within a jurisdiction.
(B) "Participating Agency" or "PA" means a state or local agency
that has a written agreement with the CUPA pursuant to subdivision
(d) of Section 25404.3, and is approved by the secretary, to
implement or enforce one or more of the unified program elements
specified in subdivision (c), in accordance with Sections 25404.1 and
25404.2.
(C)
"Unified Program Agency" or "UPA" means the CUPA, or its
participating agencies to the extent each PA has been designated by
the CUPA, pursuant to a written agreement, to implement or enforce a
particular unified program element specified in subdivision (c). The
UPAs have the responsibility and authority to implement and enforce
the requirements listed in subdivision (c), and the regulations
adopted to implement the requirements listed in subdivision (c), to
the extent provided by Chapter 6.5 (commencing with Section 25100),
Chapter 6.67 (commencing with Section 25270), Chapter 6.7 (commencing
with Section 25280), Chapter 6.95 (commencing with Section 25500),
and Sections 25404.1 and 25404.2. After a CUPA has been certified by
the secretary, the unified program agencies and the state agencies
carrying out responsibilities under this chapter shall be the only
agencies authorized to enforce the requirements listed in subdivision
(c) within the jurisdiction of the CUPA.
(2) "Department" means the Department of Toxic Substances Control.
(3) "Minor violation" means the failure of a person to comply with
any a requirement or condition of
any an applicable law, regulation,
permit, information request, order, variance, or other requirement,
whether procedural or substantive, of the unified program that the
UPA is authorized to implement or enforce pursuant to this chapter,
and that does not otherwise include any of the following:
(A) A violation that results in injury to persons or property, or
that presents a significant threat to human health or the
environment.
(B) A knowing, willful, or intentional violation.
(C) A violation that is a chronic violation, or that is committed
by a recalcitrant violator. In determining whether a violation is
chronic or a violator is recalcitrant, the UPA shall consider whether
there is evidence indicating that the violator has engaged in a
pattern of neglect or disregard with respect to applicable regulatory
requirements.
(D) A violation that results in an emergency response from a
public safety agency.
(E) A violation that enables the violator to benefit economically
from the noncompliance, either by reduced costs or competitive
advantage.
(F) A class I violation as provided in Section 25117.6.
(G) A class II violation committed by a chronic or a recalcitrant
violator, as provided in Section 25117.6.
(H) A violation that hinders the ability of the UPA to determine
compliance with any other applicable local, state, or federal rule,
regulation, information request, order, variance, permit, or other
requirement.
(4) "Secretary" means the Secretary for Environmental Protection.
(5) "Unified program facility" means all contiguous land and
structures, other appurtenances, and improvements on the land that
are subject to the requirements listed in subdivision (c).
(6) "Unified program facility permit" means a permit issued
pursuant to this chapter. For the purposes of this chapter, a unified
program facility permit encompasses the permitting requirements of
Section 25284, and any permit or authorization
requirements under any a local
ordinance or regulation relating to the generation or handling of
hazardous waste or hazardous materials, but does not encompass the
permitting requirements of a local ordinance that incorporates
provisions of the Uniform Fire Code or the Uniform Building Code.
(b) The secretary shall adopt implementing regulations and
implement a unified hazardous waste and hazardous materials
management regulatory program, which shall be known as the unified
program, after holding an appropriate number of public hearings
throughout the state. The unified program shall be developed in close
consultation with the director, the Director of the Office
of Emergency Services Secretary of California
Emergency Management , the State Fire Marshal, the executive
officers and chairpersons of the State Water Resources Control Board
and the California regional water quality control boards, the local
health officers, local fire services, and other appropriate officers
of interested local agencies, and affected businesses and interested
members of the public, including environmental organizations.
(c) The unified program shall consolidate the administration of
the following requirements , and shall
, to the maximum extent feasible within statutory
constraints, shall ensure the coordination and consistency
of any regulations adopted pursuant to those requirements:
(1) (A) Except as provided in subparagraphs (B) and (C), the
requirements of Chapter 6.5 (commencing with Section 25100), and the
regulations adopted by the department pursuant thereto, are
applicable to all of the following:
(i) Hazardous waste generators, persons operating pursuant to a
permit-by-rule, conditional authorization, or conditional exemption,
pursuant to Chapter 6.5 (commencing with Section 25100) or the
regulations adopted by the department.
(ii) Persons managing perchlorate materials.
(iii) Persons subject to Article 10.1 (commencing with Section
25211) of Chapter 6.5.
(B) The unified program shall not include the requirements of
paragraph (3) of subdivision (c) of Section 25200.3, the requirements
of Sections 25200.10 and 25200.14, and the authority to issue an
order under Sections 25187 and 25187.1, with regard to those portions
of a unified program facility that are subject to one of the
following:
(i) A corrective action order issued by the department pursuant to
Section 25187.
(ii) An order issued by the department pursuant to Chapter 6.8
(commencing with Section 25300) or Chapter 6.85 (commencing with
Section 25396).
(iii) A remedial action plan approved pursuant to Chapter 6.8
(commencing with Section 25300) or Chapter 6.85 (commencing with
Section 25396).
(iv) A cleanup and abatement order issued by a California regional
water quality control board pursuant to Section 13304 of the Water
Code, to the extent that the cleanup and abatement order addresses
the requirements of the applicable section or sections listed in this
subparagraph.
(v) Corrective action required under subsection (u) of Section
6924 of Title 42 of the United States Code or subsection (h) of
Section 6928 of Title 42 of the United States Code.
(vi) An environmental assessment pursuant to Section 25200.14 or a
corrective action pursuant to Section 25200.10 or paragraph (3) of
subdivision (c) of Section 25200.3, that is being overseen by the
department.
(C) The unified program shall not include the requirements of
Chapter 6.5 (commencing with Section 25100), and the regulations
adopted by the department pursuant thereto, applicable to persons
operating transportable treatment units, except that any required
notice regarding transportable treatment units shall also be provided
to the CUPAs.
(2) The requirements of Chapter 6.67 (commencing with Section
25270) concerning aboveground storage tanks.
(3) (A) Except as provided in subparagraphs (B) and (C), the
requirements of Chapter 6.7 (commencing with Section 25280)
concerning underground storage tanks and the requirements of any
underground storage tank ordinance adopted by a city or county.
(B) The unified program may shall
not include the responsibilities assigned to the State Water
Resources Control Board pursuant to Section 25297.1.
(C) The unified program may shall
not include the corrective action requirements of Sections 25296.10
to 25296.40, inclusive.
(4) The requirements of Article 1 (commencing with Section 25500)
of Chapter 6.95 concerning hazardous material release response plans
and inventories.
(5) The requirements of Article 2 (commencing with Section 25531)
of Chapter 6.95, concerning the accidental release prevention
program.
(6) The requirements of subdivisions (b) and (c) of Section 80.103
of the Uniform Fire Code, as adopted by the State Fire Marshal
pursuant to Section 13143.9 concerning hazardous material management
plans and inventories.
(d) To the maximum extent feasible within statutory constraints,
the secretary shall consolidate, coordinate, and make consistent
these requirements of the unified program with other requirements
imposed by other federal, state, regional, or local agencies upon
facilities regulated by the unified program.
(e) (1) The secretary shall establish standards applicable to
CUPAs, participating agencies, state agencies, and businesses
specifying the data to be collected and submitted by unified program
agencies in administering the programs listed in subdivision (c).
Those standards shall incorporate any standard developed under
Section 25503.3.
(2) (A) No later than January 1, 2010, the secretary shall
establish a statewide information management system capable of
receiving all data collected by the unified program agencies and
reported by regulated businesses pursuant to this subdivision and
Section 25504.1, in a manner that is most cost efficient and
effective for both the regulated businesses and state and local
agencies. The secretary shall prescribe an XML or other compatible
Web-based format for the transfer of data from CUPAs and regulated
businesses and make all nonconfidential data available on the
Internet.
(B) The secretary shall establish milestones to measure the
implementation of the statewide information management system and
shall provide periodic status updates to interested parties.
(3) (A) (i) Except as provided in subparagraph (B), in addition to
any other funding that becomes available, the secretary shall
increase the oversight surcharge provided for in subdivision (b) of
Section 25404.5 by an amount necessary to meet the requirements of
this subdivision for a period of three years, to establish the
statewide information management system, consistent with paragraph
(2). The increase in the oversight surcharge shall not exceed
twenty-five dollars ($25) in any one year of the three-year period.
The secretary shall thereafter maintain the statewide information
management system, funded by the assessment the secretary is
authorized to impose pursuant to Section 25404.5.
(ii) No less than 75 percent of the additional funding raised
pursuant to clause (i) shall be provided to CUPAs and PAs through
grant funds or statewide contract services, in the amounts
determined by the secretary to assist these local agencies in
meeting these information management system requirements.
(B) A facility that is owned or operated by the federal government
and that is subject to the unified program shall pay the surcharge
required by this paragraph to the extent authorized by federal law.
(C) The secretary, or one or more of the boards, departments, or
offices within the California Environmental Protection Agency, shall
seek available federal funding for purposes of implementing this
subdivision.
(4) No later than three years after the statewide information
management system is established, each CUPA, PA, and regulated
business shall report program data electronically. The secretary
shall work with the CUPAs to develop a phased in schedule for the
electronic collection and submittal of information to be included in
the statewide information management system, giving first priority to
information relating to those chemicals determined by the secretary
to be of greatest concern. The secretary, in making this
determination shall consult with the CUPAs, the Office of
Emergency Services California Emergency Management
Agency , the State Fire Marshal, and the boards, departments,
and offices within the California Environmental Protection Agency.
The information initially included in the statewide information
management system shall include, but is not limited to, the hazardous
materials inventory information required to be submitted pursuant to
Section 25504.1 for perchlorate materials.
(5) The secretary, in collaboration with the CUPAs, shall provide
technical assistance to regulated businesses to comply with the
electronic reporting requirements and may expend funds identified in
clause (i) of subparagraph (A) of paragraph (3) for that purpose.
SEC. 9. Chapter 7 (commencing with Section 42900)
is added to Part 4 of Division 26 of the Health and Safety
Code , to read:
CHAPTER 7. PESTICIDE EMISSIONS
42900. (a) (1) The Department of Pesticide Regulation shall adopt
regulations, by January 1, 2012, to reduce volatile organic compound
(VOC) emissions from agricultural and commercial structural
pesticides by 20 percent from the 1990 baseline inventory in the San
Joaquin Valley nonattainment area for ozone.
(2) The Department of Pesticide Regulation shall adopt
regulations, by January 1, 2010, to reduce volatile organic compound
(VOC) emissions from agricultural and commercial structural
pesticides by 20 percent from the 1990 baseline inventory in the
Sacramento Metropolitan, Southeast Desert, Ventura, and South Coast
nonattainment areas for ozone.
(b) The state board, may adopt regulations to require VOC
emissions reductions greater than the reductions required by
subdivision (a), if the reductions are necessary to achieve
applicable federal or state ambient air quality standard.
(c) By January 1, 2010, the state board shall calculate, and
approve in a public hearing, the 1990 baseline inventory for volatile
organic compound (VOC) emissions from agricultural and commercial
structural pesticides used in the San Joaquin Valley, Sacramento
Metropolitan, Southeast Desert, Ventura, and South Coast
nonattainment areas for ozone, using date in the 1991 pesticide use
report and the methodology set forth in the pesticide element of the
1994 state implementation plan for ozone.
(d) By January 1, 2010, the state board shall submit Sections
6452, 6452.1, 6452.3, and 6452.4 of Title 3 of the California Code of
Regulations, as in effect on January 25, 2008, and Section 6452.2 of
Title 3 of the California Code of Regulations, as in effect on
September 3, 2008, to the United States Environmental Protection
Agency for inclusion in the state implementation plan.
SEC. 10. Chapter 1.5 (commencing with Section
4210) is added to Part 2 of Division 4 of the Public
Resources Code , to read:
CHAPTER 1.5. STATE RESPONSIBILITY AREA FIRE FEES
Article 1. General Provisions
4210. The Legislature finds and declares all of the following:
(a) Fire protection of the public trust resources on lands in the
state responsibility areas remains a vital interest to California.
Lands that are covered in whole or in part by a diverse plant
community prevent excessive erosion, retard runoff, reduce
sedimentation, and accelerate water percolation to assist in the
maintenance of critical sources of water for environmental,
irrigation, domestic, or industrial uses.
(b) The presence of structures within state responsibility areas
can pose an increased risk of fire ignition and an increased
potential for fire damage within the state's wildlands and
watersheds. The presence of structures within state responsibility
areas can also impair wildland firefighting techniques that could
result in greater damage to state lands caused by wildfires.
(c) The presence of structures in moderate, high, and very high
fire hazard severity zones within state responsibility areas causes
an escalation in the costs of fire protection activities associated
with the structures depending upon the severity of the fire hazard
zone in which the structures are located.
(d) Individual owners of structures within state responsibility
areas receive a disproportionately larger benefit from fire
protection activities than that realized by the state's citizens
generally.
(e) It is the intent of the Legislature that the economic burden
of fire protection activities that are associated with structures in
state responsibility areas shall be equitably distributed among the
citizens of the state who generally benefit from those activities and
those owners of structures in the state responsibility areas who
receive a specific benefit other than that general benefit.
(f) It is necessary to impose a fee to pay for fire protection
activities in the state responsibility areas that benefit owners of
structures in the state responsibility areas.
(g) All revenues generated by fees imposed under this chapter, and
used for the purposes for which they are imposed, are not proceeds
of taxes subject to Article XIII B, C, or D of the California
Constitution.
4211. For the purposes of this chapter, the following terms shall
have the following meanings:
(a) "Department" means the Department of Forestry and Fire
Protection, or its successor.
(b) "State responsibility area" means state responsibility area as
defined in Section 4102.
(c) "Structure" means a building used or intended to be used for
human habitation. For purposes of this subdivision, a building
includes, but is not limited to, a mobilehome or manufactured home.
The department shall exclude from this definition building types that
require no structural fire protection services beyond those provided
to otherwise unimproved lands.
4212. (a) (1) By January 1, 2010, the department shall adopt
emergency regulations to establish the fees for the purposes of this
chapter to be charged on each structure on a parcel that is subject
to property taxes and is within a state responsibility area.
(2) The Legislature finds and declares that the fees set forth in
subdivision (b) are reasonable amounts for the necessary fire
protection activities associated with structures in state
responsibility areas, and the fees are appropriate and attributable
to the presence of structures within state responsibility areas.
(b) The department shall adopt the following fee schedule, using
fire hazard severity maps created pursuant to Article 9 (commencing
with Section 4201) of Chapter 1.
(1) A fee of thirty dollars ($30) to be charged on each structure
located in state responsibility areas designated by the department as
having moderate fire hazard severity.
(2) A fee of forty dollars ($40) to be charged on each structure
located in state responsibility areas designated by the department as
having high fire hazard severity.
(3) A fee of fifty dollars ($50) to be charged on each structure
located in state responsibility areas designated by the department as
having very high fire hazard severity.
(c) (1) On July 1, 2010, and annually thereafter, the department
shall adjust the fees imposed pursuant to this chapter to reflect the
percentage of change in the average annual value of the Implicit
Price Deflator for State and Local Government Purchases of Goods and
Services for the United States, as calculated by the United States
Department of Commerce for the 12-month period in the third quarter
of the prior calendar year, as reported by the Department of Finance.
(2) Notwithstanding any other provision of this chapter, the
department shall adjust the fees charged pursuant to subdivision (b)
so that the fees do not exceed the reasonable cost of covering the
costs of collecting the fees and of providing fire protection
services associated with structures in state responsibility areas.
(d) Emergency regulations adopted pursuant to subdivision (a)
shall be adopted in accordance with the rulemaking provisions of the
Administrative Procedure Act (Chapter 3.5 (commencing with Section
11340) of Part 1 of Division 3 of Title 2 of the Government Code).
The adoption of emergency regulations shall be deemed an emergency
and necessary for the immediate preservation of the public peace,
health, and safety, or general welfare.
4213. (a) (1) Commencing with the 2010-11 fiscal year, the fees
imposed pursuant to Section 4212 shall be collected annually by the
State Board of Equalization in accordance with the Fee Collection
Procedures Law (Part 30 (commencing with Section 55001) of Division 2
of the Revenue and Taxation Code).
(2) Notwithstanding the appeal provisions in the Fee Collection
Procedures Law, a determination by the department that a person is
required to pay a fee, or a determination by the department regarding
the amount of that fee, is subject to review under Article 2
(commencing with Section 4220) and is not subject to a petition for
redetermination by the State Board of Equalization.
(3) (A) Notwithstanding the refund provisions in the Fee
Collection Procedures Law, the State Board of Equalization shall not
accept any claim for refund that is based on the assertion that a
determination by the department improperly or erroneously calculated
the amount of the fee, or incorrectly determined that the person is
subject to that fee, unless that determination has been set aside by
the department or a court reviewing the determination of the
department.
(B) If it is determined by the department or a reviewing court
that a person is entitled to a refund of all or part of the fee, the
person shall make a claim to the State Board of Equalization pursuant
to Chapter 5 (commencing with Section 55221) of Part 30 of Division
2 of the Revenue and Taxation Code.
(b) The annual fee shall be due and payable 30 days from the date
of assessment by the State Board of Equalization.
(c) The department shall transmit to the State Board of
Equalization by January 1, 2010, and each January 1 thereafter, the
appropriate name and address of each person who is liable for the fee
and the amount of the fee to be assessed, as authorized by this
article, and at the same time the department shall provide to the
State Board of Equalization a contact telephone number for the
department to be printed on the bill to respond to questions about
the fee.
4214. (a) Fees collected pursuant to this chapter shall be
expended, upon appropriation by the Legislature, as follows:
(1) The State Board of Equalization shall retain moneys necessary
for the payment of refunds pursuant to Section 4229 and reimbursement
of the State Board of Equalization for expenses incurred in the
collection of the fees.
(2) The moneys collected, other than that retained by the State
Board of Equalization pursuant to paragraph (1), shall be deposited
into the State Responsibility Area Fire Fund, which is hereby created
in the State Treasury and shall be available to the department for
fire prevention and protection activities in state responsibility
areas, attributable to benefits conferred on structures subject to
the fee.
(b) (1) The fund may also be used to cover the costs of
administering this chapter.
(2) The fund shall cover all startup costs incurred over a period
not to exceed two years.
(c) It is the intent of the Legislature that the moneys in this
fund be fully appropriated to the department each year in order to
partially offset the state's cost for providing fire prevention and
protection services associated with structures in state
responsibility areas.
(d) It is essential that this article be implemented without
delay. To permit timely implementation, the department may contract
for services related to the establishment of the fee collection
process. For this purpose only, and for a period not to exceed 24
months, the provisions of the Public Contract Code or any other
provision of law related to public contracting shall not apply.
Article 2. Appeals Process
4220. A person from whom the fee is determined to be due under
this chapter may petition for a redetermination of that fee within 30
days after service upon him or her of a notice of the determination.
If a petition for redetermination is not filed within the 30-day
period, the amount determined to be due becomes final at the
expiration of the 30-day period.
4221. Each petition for redetermination of the fee shall be in
writing and be sent to the department and the State Board of
Equalization. The petition shall state the specific grounds upon
which the petition is founded and include supporting documentation.
The petition may be amended to state additional grounds or provide
additional documentation at any time prior to the date that the
department issues its order or decision with regard to the petition
for redetermination.
4222. If a petition for redetermination of the fee is filed
within the 30-day period, the department shall reconsider the fee
determined to be due and make a determination in writing.
4223. If a timely petition for redetermination has been filed
pursuant to Section 4220, all legal action to collect the fee shall
be stayed pending the final determination of the department pursuant
to Section 4225.
4224. Notice of the determination of the department pursuant to
Section 4222 shall be served, on the same date, to the
department, the State Board of
Equalization, and the person who filed the petition.
4225. The order or decision of the department upon a petition for
redetermination of the fee shall become final 30 days after service
upon the petitioner of notice of the determination.
4226. The fee determined to be due by the department under this
article is due and payable at the time it becomes final, and if it is
not paid when due and payable, notwithstanding the penalty imposed
pursuant to Section 55042 of the Revenue and Taxation Code, a penalty
of 20 percent of the fee determined to be due shall be added to the
amount due and payable for each 30-day period in which the fee
remains unpaid.
4227. Written notice required by this article shall be served as
follows:
(a) The notice shall be placed in a sealed envelope, with postage
paid, addressed to the petitioner at his or her address as it appears
in the records of the department. The giving of notice shall be
deemed complete at the time of the deposit of the notice in a United
States Post Office, or a mailbox, subpost office, substation, mail
chute, or other facility regularly maintained or provided by the
United States Postal Service without extension of time for any
reason.
(b) In lieu of mailing, a notice may be served personally by
delivering it to the person to be served and service shall be deemed
complete at the time of delivery. Personal service to a corporation
may be made by delivery of a notice to any person designated in the
Code of Civil Procedure to be served for the corporation with summons
and complaint in a civil action.
4228. A dispute regarding the fee imposed by this chapter shall
be resolved pursuant to this article only.
4229. If the department determines that a person is entitled to a
refund of all or part of the fee paid pursuant to this chapter, the
person shall make a claim to the State Board of Equalization pursuant
to Chapter 5 (commencing with Section 55221) of Part 30 of Division
2 of the Revenue and Taxation Code.
SEC. 11. Section 4464 of the Public
Resources Code is amended to read:
4464. Unless the context clearly requires otherwise, the
following definitions govern the construction of this chapter:
(a) "Wild land" means any land that is classified as a state
responsibility area pursuant to Article 3 (commencing with Section
4125) of Chapter 1 and includes any land having a flammable plant
cover. "Wild land" also means any land not classified as a state
responsibility area where the geographic location of these lands and
accumulation of wild land fuel is such that a wild land fire
occurring on these lands would pose a threat to a state
responsibility area.
(b) "Wild land fuel" means any timber, brush, grass, or other
flammable vegetation, living or dead, standing or down.
(c) "Wild land fire" means any uncontrolled fire burning on wild
land.
(d) "Prescribed burning" or "prescribed burning operation" means
the planned application and confinement of fire to wild land fuels on
lands selected in advance of that application to achieve any of the
following objectives:
(1) Prevention of high-intensity wild land fires through reduction
of the volume and continuity of wild land fuels.
(2) Watershed management.
(3) Range improvement.
(4) Vegetation management.
(5) Forest improvement.
(6) Wildlife habitat improvement.
(7) Air quality maintenance.
(e) "Prescribed burn crew" means personnel and firefighting
equipment of the department that are prepared to contain fire set in
a prescribed burning operation and to suppress any fire that escapes
during a prescribed burning operation.
(f) "Person" means any natural person, firm, association,
partnership, business trust, corporation, limited liability company,
company, or combination thereof, or any public agency other than an
agency of the federal government.
(g) "Hazardous fuel reduction" means the application of practices
to wild lands, the primary impact of which to the vegetation is
generally limited to the reduction of surface and ladder wild land
fuels. These practices include, but are not limited, to prescribed
fire, piling by machine or by hand in preparation for burning,
thinning, pruning, or grazing. Treatments that reduce crown densities
shall be prescribed only for the purpose of impacting fire behavior,
and where it can be reasonably concluded based on the proposed
treatment that the likelihood for the formation of crown fires is
reduced.
(a) "Hazardous fuel reduction" means the application of practices
to wild lands, the primary impact of which to the vegetation is
generally limited to the reduction of surface and ladder wild land
fuels. These practices include, but are not limited to, prescribed
fire, piling by machine or by hand in preparation for burning,
thinning, pruning, or grazing. Treatments that reduce crown densities
shall be prescribed only for the purpose of impacting fire behavior,
and if it can be reasonably concluded, based on the proposed
treatment, that the likelihood for the formation of crown fires is
reduced.
(b) "Nonprofit organization" means any California corporation
organized under Section 501(c)(3) or 501(c)(4) of the federal
Internal Revenue Code.
(c) "Person" means any natural person, firm, association,
partnership, business trust, corporation, limited liability company,
company, nonprofit organization, or a combination of those, or any
public agency other than an agency of the federal government.
(d) "Prescribed burn crew" means personnel and firefighting
equipment of the department that are prepared to contain fire set in
a prescribed burning operation and to suppress any fire that escapes
during a prescribed burning operation.
(e) "Prescribed burning" or "prescribed burning operation" means
the planned application and confinement of fire to wild land fuels on
lands selected in advance of that application to achieve any of the
following objectives:
(1) Prevention of high-intensity wild land fires through reduction
of the volume and continuity of wild land fuels.
(2) Watershed management.
(3) Range improvement.
(4) Vegetation management.
(5) Forest improvement.
(6) Wildlife habitat improvement.
(7) Air quality maintenance.
(f) "Wild land" means any land that is classified as a state
responsibility area pursuant to Article 3 (commencing with Section
4125) of Chapter 1 and includes any land having a flammable plant
cover. "Wild land" also means any land not classified as a state
responsibility area where the geographic location of these lands and
accumulation of wild land fuel is such that a wild land fire
occurring on these lands would pose a threat to a state
responsibility area.
(g) "Wild land fire" means any uncontrolled fire burning on wild
land.
(h) "Wild land fuel" means any timber, brush, grass, or other
flammable vegetation, living or dead, standing or down.
SEC. 12. Section 4475 of the Public
Resources Code is amended to read:
4475. (a) The director , with the
approval of the Director of General Services, may enter
into a contract an agreement, including a
grant agreement, for prescribed burning or other hazardous fuel
reduction that is consistent with this chapter and the regulations
of the board with (1) either the owner
or any other person who has legal control of any property or
(2) any public agency with regulatory or natural resource
management authority over any property that is included within any
wild land for any of the following purposes, or any combination
thereof of those purposes :
(a)
(1) Prevention of high-intensity wild land fires
through reduction of the volume and continuity of wild land fuels.
(b)
(2) Watershed management.
(c)
(3) Range improvement.
(d)
(4) Vegetation management.
(e)
(5) Forest improvement.
(f)
(6) Wildlife habitat improvement.
(g)
(7) Air quality maintenance.
No contract
(b) An agreement may not
be entered into pursuant to this section unless the director
determines that the public benefits estimated to be derived from the
prescribed burning or other hazardous fuel reduction pursuant to the
contract agreement will be equal to or
greater than the foreseeable damage that could result from the
prescribed burning or other hazardous fuel reduction.
SEC. 13. Section 4475.5 of the Public
Resources Code is amended to read:
4475.5. (a) The state may assume a proportionate share of the
costs of site preparation and prescribed burning or other hazardous
fuel reduction conducted pursuant to this article on wild lands other
than wild lands under the jurisdiction of the federal government.
The state's share of those costs shall bear the same ratio to the
total costs of the operation as the public benefits bear to all
public and private benefits to be derived from the prescribed burning
operation or other hazardous fuel reduction, as estimated and
determined by the director. The state's share of the costs may exceed
90 percent of the total costs of the operation only if the director
determines that no direct private economic benefits will accrue or
will be utilized by a person that owns or controls any property under
contract pursuant to Section 4475.
(b) The board shall adopt regulations establishing standards to be
used by the director in determining the state's share of these costs
and in determining whether, pursuant to Section 4475, the public
benefits of a prescribed burning operation or other hazardous fuel
reduction will equal or exceed the foreseeable damage therefrom.
(c) The determination of public and private benefits pursuant to
this section shall reflect any substantial benefit to be derived from
accomplishing any of the purposes specified in Section 4475 and the
prevention of degradation of air quality.
(d) All or part of these costs to be borne by the person
contracting with the department may be met by the value of materials,
services, or equipment furnished by that person directly, or
furnished by that person pursuant to an agreement with a private
consultant or contractor, or furnished by a combination of both
means, that are determined by the department to be suitable for the
preparation for, and the conduct of, the prescribed burning operation
or other hazardous fuel reduction.
(e) The director may accept grants and donations of equipment,
materials, or funds from any source for the purpose of supporting or
facilitating the prescribed burning or other hazardous fuels
reduction work undertaken pursuant to this chapter. The director may
waive the cost sharing requirements of this chapter if the funding
source prohibits cost sharing requirements.
SEC. 14. Section 4557 is added to the
Public Resources Code , to read:
4557. The board, by April 1, 2010, shall adopt regulations
relating to timber harvesting that protect chinook salmon and
steelhead trout in any river or stream that has a run of chinook
salmon or steelhead trout.
SEC. 15. Section 4799.04 of the Public
Resources Code is amended to read:
4799.04. To effectuate the purposes of this chapter, the
department is authorized to:
(a) Collect or contract for adequate supplies of high-quality seed
and take whatever steps are necessary to insure to the maximum
degree feasible that seeds or seedlings planted as part of forest
resource improvement projects undertaken pursuant to this chapter are
adapted to the planting site and measures are taken to assure
appropriate diversity of forest species.
(b) Contract for seedling production and, in cooperation with
other state, local, and federal agencies, encourage the production of
seedlings needed to accomplish reforestation in the state by small
business entities in or near areas where planting will be carried
out.
(c) Provide technical assistance to private seedling nurseries and
conduct a program for certification of the quality and adaptability
of seeds and tree seedlings supplied for forest resource improvement
projects undertaken pursuant to this chapter.
(d) Increase availability of genetically improved seed and
planting stock by expansion of seed orchards or other recognized tree
improvement techniques.
(e) In cooperation with other public and private entities or
persons:
(1) Conduct necessary research and take other appropriate measures
to protect the genetic integrity and diversity of forest tree
species, including, but not limited to, a seed depository.
(2) Conduct research and make grants or enter into contracts or
cooperative agreements with public and private entities or persons
concerning measures to increase the contribution of trees to improve
the natural environment and economy of the state and measures to
otherwise accomplish the purposes of this chapter.
(f) Purchase necessary equipment or materials and, in accordance
with the State Civil Service Act (commencing with Section 18570 of
the Government Code), appoint such deputies, officers, and other
employees as may be necessary.
(g) In cooperation with other public and private entities and
persons, establish such training and educational programs as may be
appropriate to increase the number of workers with necessary skills
to carry out seed collection, seedling production, and forest
resource improvement projects.
(h) To accept grants and donations of equipment, seedlings,
materials, or funds from any source for the purpose of supporting or
facilitating forest resource improvement work undertaken pursuant to
the provisions of this chapter. Any funds received shall be deposited
by the director in the Forest Resource Improvement Fund established
pursuant to Chapter 3 (commencing with Section 4799.13) of this part.
No federal funds received as part of the American Recovery and
Reinvestment Act (Public Law 111-5) shall be deposited into the
Forest Resources Improvement Fund.
(i) Waive the landowner cost sharing requirements of this chapter
if the funding source for the authorized forest improvement work
prohibits cost sharing requirements.
SEC. 16. Section 4799.12 of the Public
Resources Code is amended to read:
4799.12. The director, with advice from other appropriate state
agencies and interested parties, may make grants to provide
assistance of 25 to 90 percent of costs for projects meeting
guidelines established by the board upon recommendation by the
director. The director may waive the cost share
sharing requirement for projects that are in disadvantaged
and severely disadvantaged communities. Grants may be made to
cities, counties, districts, and nonprofit organizations. The
director may also waive the cost sharing requirement if the funding
source for a grant prohibits cost sharing requirements.
Contributions required as a condition of grants made pursuant
to this section may be made in the form of material, services, or
equipment, or funds. Authorized assistance may include, but is not
limited to, any of the following needs:
(a) Funding for development of urban tree plans that include
coordination of local agency efforts and citizen involvement.
(b) Funding for development of urban tree plans that include
coordination of multiple jurisdictions, multiple agency efforts, and
citizen involvement.
(c) Funding for development of urban forest master plans or
similar plans designed to provide comprehensive protection,
maintenance, and management of the urban forest.
(d) Provision of seedling and tree stock.
(e) Tree planting projects.
(f) Funding and other assistance to local agencies and nonprofit
organizations for partnerships as follows:
(1) Energy saving urban forest programs similar to the Los Angeles
Department of Water and Power's Trees for Green LA program and the
Sacramento Municipal Utility District's Sacramento Shade Tree
program.
(2) Developing projects or programs that use urban forests for
water conservation, improving water quality, or stormwater capture.
(3) Developing projects or programs that use urban forests for air
quality improvement, reduction in greenhouse gas emissions, or
reduction of urban heat island effect.
(4) Developing community education and engagement programs on the
benefits and proper care of trees.
(g) Funding for the development of training and educational
materials on the benefits of the urban forest.
(h) Funding for the development of training and educational
materials on proper care and maintenance of trees and the urban
forest, including young and mature tree care.
(i) Funding and other assistance, based on criteria developed by
the department, for management of urban forests to ensure their
survival and ability to optimize the benefits that urban forests
provide the community and the environment.
(j) Funding and other assistance for demonstration projects in
urban forestry with special attention given to projects or programs
assisting the state in meeting the requirements of the Global Warming
Solutions Act of 2006 (Division 25.5 (commencing with Section 38500)
of the Health and Safety Code), improving energy and water
conservation, capturing and filtering urban stormwater, improving
water quality, reducing the urban heat island effect, improving air
quality, and wood and fiber utilization projects, including, but not
limited to, biofuel and bioenergy.
(k) Other categories of projects recommended by the director and
approved by the board.
SEC. 17. Section 21191 of the Public
Resources Code is amended to read:
21191. (a) The California Environmental License Plate Fund ,
which supersedes the California Environmental Protection
Program Fund , is continued in existence in the State
Treasury, and consists of the moneys deposited in the fund pursuant
to any provision of law. The Legislature shall establish the amount
of fees for environmental license plates, which shall be not less
than forty dollars ($40) forty-eight dollars
($48) for the issuance or twenty-five dollars ($25)
thirty-eight dollars ($38) for the renewal of an
environmental license plate.
(b) The Controller shall transfer from the California
Environmental License Plate Fund to the Motor Vehicle Account in the
State Transportation Fund the amount appropriated by the Legislature
for the reimbursement of costs incurred by the Department of Motor
Vehicles in performing its duties pursuant to Sections 5004, 5004.5,
and 5022 and Article 8.5 (commencing with Section 5100) of Chapter 1
of Division 3 of the Vehicle Code. The reimbursement from the
California Environmental License Plate Fund shall only include those
additional costs which are directly attributable to any additional
duties or special handling necessary for the issuance, renewal, or
retention of the environmental license plates.
(c) The Controller shall transfer to the post fund of the Veterans'
Home of California, established pursuant to Section 1047 of the
Military and Veterans Code, all revenue derived from the issuance of
prisoner of war special license plates pursuant to Section 5101.5 of
the Vehicle Code less the administrative costs of the Department of
Motor Vehicles in that regard.
(d) The Director of Motor Vehicles shall certify the amounts of
the administrative costs of the Department of Motor Vehicles in
subdivision (c) to the Controller.
(e) The balance of the moneys in the California Environmental
License Plate Fund shall be available for expenditure only for the
exclusive trust purposes specified in Section 21190, upon
appropriation by the Legislature. However, all moneys derived from
the issuance of commemorative 1984 Olympic reflectorized license
plates in the California Environmental License Plate Fund shall be
used only for capital outlay purposes.
(f) All proposed appropriations for the program shall be
summarized in a section in the Governor's Budget for each fiscal year
and shall bear the caption "California Environmental Protection
Program." The section shall contain a separate description of each
project for which an appropriation is made. All such
of these appropriations shall be made to the
department performing the project and accounted for separately.
(g) The budget the Governor presents to the Legislature pursuant
to subdivision (a) of Section 12 of Article IV of the California
Constitution shall include, as proposed appropriations for the
California Environmental Protection Program, only projects and
programs recommended for funding by the Secretary of the Natural
Resources Agency pursuant to subdivision (a) of Section 21193.
The Secretary of the Natural Resources Agency shall
consult with the Secretary for Environmental Protection before making
any recommendations to fund projects pursuant to subdivision (a) of
Section 21190.
SEC. 18. Section 25218 of the Public
Resources Code is amended to read:
25218. In addition to other powers specified in this division,
the commission may do any of the following:
(a) Apply for and accept grants, contributions, and appropriations
, and award grants consistent with the goals and objectives of
a program or activity the commission is authorized to implement or
administer .
(b) Contract for professional services if such
the work or services cannot be satisfactorily performed by
its employees or by any other state agency.
(c) Be sued and sue.
(d) Request and utilize the advice and services of all federal,
state, local, and regional agencies.
(e) Adopt any rule or regulation, or take any action, it deems
reasonable and necessary to carry out the provisions of
this division.
(f) Adopt rules and regulations, or take any action, it deems
reasonable and necessary to ensure the free and open participation of
any member of the staff in proceedings before the commission.
SEC. 19. Section 25414 of the Public
Resources Code is amended to read:
25414. Annually at the conclusion of each fiscal year, but not
later than October 31, each eligible institution which
that has received an allocation pursuant to
the provisions of this chapter shall compute the
cost of the energy saved as a result of
implementing a project funded by such the
allocation. Such The cost shall
be calculated in a manner prescribed by the commission.
SEC. 20. Section 25415 of the Public
Resources Code is amended to read:
25415. (a) Each eligible institution to which an allocation has
been made under this chapter shall repay the principal amount of the
allocation, plus interest, in not more than 30 equal semiannual
payments, as determined by the commission. The first semiannual
payment shall be made on or before December 22 of the fiscal year
following the year in which the project is completed. The repayment
period may not exceed the life of the equipment, as determined by the
commission or the lease term of the building in which the energy
conservation measures will be installed.
(b) Notwithstanding any other provision of law, the commission
shall, unless it determines that the purposes of this chapter would
be better served by establishing an alternative interest rate
schedule, periodically set interest rates on the loans based on
surveys of existing financial markets and at rates not less than
3 1 percent per annum.
(c) The governing body of each eligible institution shall annually
budget an amount at least sufficient to make the semiannual payments
required in this section. The amount shall not be raised by the levy
of additional taxes but shall instead be obtained by a savings in
energy costs or other sources.
SEC. 21. Section 25416 of the Public
Resources Code is amended to read:
25416. (a) The State Energy Conservation Assistance Account is
hereby created in the General Fund. Notwithstanding Section 13340 of
the Government Code, the account is continuously appropriated to the
commission without regard to fiscal year.
(b) The money in the account shall consist of all money authorized
or required to be deposited in the account by the Legislature and
all money received by the commission pursuant to Sections 25414 and
25415.
(c) The money in the account shall be disbursed by the Controller
for the purposes of this chapter as authorized by the commission.
(d) The commission may contract and provide grants for services to
be performed for eligible institutions. Services may include, but
are not limited to, feasibility analysis, project design, field
assistance, and operation and training. The amount expended for those
services may not exceed 10 percent of the unencumbered
balance of the account as determined by the commission on July 1 of
each year.
(e) The commission may make grants to eligible institutions
for innovative projects and programs. The
Except as provided in subdivision (d), the amount expended
for grants may not exceed 5 percent of the annual
appropriation from the account unencumbered balance in
the account as determined by the commission on July 1 of each fiscal
year .
(f) The commission may charge a fee for the services provided
under subdivision (d).
(g) Notwithstanding any other provision of law, the
Controller may use the State Energy Conservation Assistance Account
for loans to the General Fund as provided in Sections 16310 and 16381
of the Government Code.
SEC. 22. Section 25420 of the Public
Resources Code is amended to read:
25420. The commission may expend from the State Energy
Conservation Assistance Account an amount to pay for the actual
administrative costs incurred by the commission pursuant to this
chapter. Such The amount shall not
exceed 5 percent of the total appropriation
annual unencumbered balance in the account as determined by the
commission on July 1 of each fiscal year , to be held
in reserve and used to defray costs incurred by the
commission for allocations made by the commission pursuant to this
chapter.
SEC. 23. Section 25422 is added to the
Public Resources Code , to read:
25422. (a) Federal funds available to the commission pursuant to
Chapter 5.6 (commencing with Section 25460) may be used by the
commission to augment funding for grants and loans pursuant to this
chapter. Any federal funds used for loans shall, when repaid, be
deposited into the Energy Conservation Assistance Account and used to
make additional loans pursuant to this chapter.
(b) A separate subaccount shall be established within the Energy
Conservation Assistance Account to track the award and repayment of
loans from federal funds, including any interest earnings, in
accordance with the federal American Recovery and Reinvestment Act of
2009 (Public Law 111-5).
SEC. 24. Section 25450 of the Public
Resources Code is amended to read:
25450. (a) The Legislature finds and declares all of the
following:
(1) The cost of energy in California is increasing and creating
greater demands on local governments' operating budgets.
(2) The 100th 110th Congress enacted
the Energy Independence and Security Act of 2007 (42 U.S.C. Sec.
17001 et seq.) that provides energy efficiency and conservation
block grants to eligible entities, including states, to reduce
fossil fuel emissions, improve energy efficiency, and reduce overall
energy use.
(3) Section 545(c)(1)(A) of the Energy Independence and Security
Act of 2007 (42 U.S.C. Sec. 17155(c)(1)(A)) mandates that states
receiving block grants under the act use not less than 60 percent of
the grant amount to provide subgrants to local governments that are
not eligible entities for the purposes of the act.
(4) The 111th Congress enacted the American Recovery and
Reinvestment Act of 2009 (Public Law 111-5) that appropriates funds
for energy efficiency and conservation block grants.
(b) It is the intent of the Legislature to fully implement the
requirements for , and achieve the purposes of, the energy
efficiency and conservation block grants provided
pursuant to the Energy Independence and Security Act of 2007 and
the American Recovery and Reinvestment Act of 2009 (Public Law
111-5), in the most expedient manner possible, and that the
funds allocated to the state pursuant to that act
those acts be administered by the commission.
(c) It is the intent of the Legislature to strive to maximize the
opportunity to allocate funds toward the most cost-effective energy
efficiency projects, and when allocating funds toward administration,
the commission should use the 5-percent allowable
administrative expenses specified in Section 545(c)(4) of the
Energy Independence and Security Act of 2007 (42 U.S.C. Sec. 17155(c)
(4)) as a ceiling and improve efficiencies to allocate less
than the allowable amount.
SEC. 25. Section 25450.1 of the Public
Resources Code is amended to read:
25450.1. Funds The commission shall
administer the funds allocated to and received by the state
pursuant to the Energy Independence and Security Act of 2007 (42
U.S.C. Sec. 17001 et seq.) shall be administered by the
commission and the American Recovery and Reinvestment
Act of 2009 (Public Law 111-5) for the Energy Efficiency and
Conservation Block Grant Program established pursuant to Section 542
of the Energy Independence and Security Act of 2007 (42 U.S.C. Sec.
17152), and may use the federal funds to award contracts,
grants, and loans as expeditiously as possible consistent with those
acts .
SEC. 26. Section 25450.2 of the Public
Resources Code is amended to read:
25450.2. (a) Not less than 60 percent of the funds received
pursuant to Section 25450.1 shall be used to provide cost-effective
energy efficiency , climate change planning, and
conservation grants to cities with a population of less than 35,000
and counties with a population of less than 200,000, and be
prioritized based on cost-effective energy efficiency. However,
this population requirement does not apply to funds received p
ursuant to the American Recovery and Reinvestment Act of 2009
(Public Law 111-5).
(b) The remaining funds received pursuant to Section 25450.1 shall
be used to provide cost-effective energy efficiency and conservation
contracts, grants , and loans to eligible
entities consistent with the Energy Independence and Security Act of
2007 (42 U.S.C. Sec. 17001 et seq.) , and the
American Recovery and Reinvestment Act of 2009 (Public Law 111-5)
that govern or fund the Energy Efficiency and Conservation Block
Grant program and be prioritized based on cost-effective energy
efficiency.
SEC. 27. Section 25450.3 of the Public
Resources Code is amended to read:
25450.3. Not more than 5 percent of the funds received
pursuant to Section 25450.1 shall be expended for The
commission shall not exceed the amount specified in Section 545(c)(4)
of the Energy Independence and Security Act of 2007 (42 U.S.C. Sec.
17155(c)(4)) for administrative expenses, including,
which include, but are not limited
to, reporting, recordkeeping, and evaluation activities required
by the Energy Independence and Security Act of 2007 (42 U.S.C.
Section 17001 et seq.), the American Recovery and Reinvestment Act of
2009 (Public Law 111-5), and implementing regulations and
guidelines, that govern or fund the Energy Efficiency and
Conservation Block Grant Program, and the combined
administration program costs, indirect costs, overhead, and costs
associated with the Statewide Cost Allocation Plan ,
including those administration program costs, indirect costs, and
overhead costs of all other public and private entities associated
with the disbursement, the expenditure of funds, or both the
disbursement and expenditure .
SEC. 28. Section 25450.4 is added to the
Public Resources Code , to read:
25450.4. The commission may award contracts, grants, and loans
pursuant to this chapter, unless otherwise prohibited by the Energy
Independence and Security Act of 2007 (42 U.S.C. Sec. 17001 et seq.),
the American Recovery and Reinvestment Act of 2009 (Public Law
111-5), implementing regulations and guidelines.
SEC. 29. Section 25450.5 is added to the
Public Resources Code , to read:
25450.5. (a) The commission may adopt guidelines governing the
award, eligibility, and administration of funding pursuant to the
American Recovery and Reinvestment Act of 2009 (Public Law 111-5) at
a publicly noticed meeting offering all interested parties an
opportunity to comment. The commission shall provide written public
notice of not less than 30 days for the initial adoption of
guidelines. Substantive changes to the guidelines shall not be
adopted without 15-day written notice to the public. Notwithstanding
any other provision of law, any guidelines adopted pursuant to this
chapter shall be exempt from the requirements of Chapter 3.5
(commencing with Section 11340) of Part 1 of Division 3 of Title 2 of
the Government Code.
(b) Grants and loans made pursuant to this chapter are subject to
appeal to the commission upon a showing that factors other than those
described in the guidelines adopted by the commission were applied
in making the awards and payments.
SEC. 30. Chapter 5.6 (commencing with Section
25460) is added to Division 15 of the Public Resources
Code , to read:
CHAPTER 5.6. FEDERAL FUNDING OF ENERGY-RELATED PROJECTS AND
STATE ENERGY PROGRAMS
25460. (a) The Legislature finds and declares that the 111th
Congress enacted the American Recovery and Reinvestment Act of 2009
(Public Law 111-5) that appropriates funds for various energy
programs administered by the commission.
(b) It is the intent of the Legislature that the commission have
the authority to award contracts, grants, and loans from funds
received pursuant to the American Recovery and Reinvestment Act of
2009 and to make the awards as expeditiously as possible.
25461. (a) Except as provided in Chapter 5.5 (commencing with
Section 25450), the commission shall administer federal funds
allocated to, and received by, the state for energy-related projects
pursuant to the American Recovery and Reinvestment Act of 2009
(Public Law 111-5) or federal acts related to the American Recovery
and Reinvestment Act of 2009.
(b) Unless otherwise prohibited by the American Recovery and
Reinvestment Act of 2009 (Public Law 111-5) or subsequent federal
acts related to the American Recovery and Reinvestment Act of 2009,
the commission may use the federal funds to award contracts, grants,
and loans for energy efficiency, energy conservation, renewable
energy, and other energy-related projects and activities authorized
by the American Recovery and Reinvestment Act of 2009 or subsequent
federal acts related to the American Recovery and Reinvestment Act of
2009.
25462. (a) The commission may adopt guidelines governing the
award, eligibility, and administration of funding pursuant to this
chapter at a publicly noticed meeting offering all interested parties
an opportunity to comment. The commission shall provide written
public notice of not less than 30 days for the initial adoption of
guidelines. Substantive changes to the guidelines shall not be
adopted without 15-day written notice to the public. Notwithstanding
any other provision of law, any guidelines adopted pursuant to this
chapter shall be exempt from the requirements of Chapter 3.5
(commencing with Section 11340) of Part 1 of Division 3 of Title 2 of
the Government Code.
(b) Grants and loans made pursuant to this chapter are subject to
appeal to the commission upon a showing that factors other than those
described in the guidelines adopted by the commission were applied
in making the awards and payments.
25463. (a) Notwithstanding any other provision of this division,
federal funds available to the commission pursuant to this chapter
may be used by the commission to augment funding for any programs or
measures authorized by this division unless otherwise prohibited by
the American Recovery and Reinvestment Act of 2009 (Public Law
111-5). The commission may administer any funds used to augment other
programs using the procedures of the augmented program consistent
with applicable federal law.
(b) This section shall be liberally construed to maximize the
commission's ability to utilize and award federal funds expeditiously
and in accordance with the American Recovery and Reinvestment Act of
2009 or federal acts related to the American Recovery and
Reinvestment Act of 2009.
SEC. 31. Chapter 5.7 (commencing with Section
25470) is added to Division 15 of the Public Resources
Code , to read:
CHAPTER 5.7. ENERGY EFFICIENT STATE PROPERTY REVOLVING LOAN
FUND
25470. As used in this chapter:
(a) "Act" means the federal American Recovery and Reinvestment Act
of 2009 (Public Law 111-5).
(b) "Allocation" means a loan of funds by the Department of
General Services pursuant to the procedures specified in this
chapter.
(c) "Building" means any existing structure that includes a
heating or cooling system, or both. Additions to an existing building
shall be considered part of that building rather than a separate
building.
(d) "Department" means the Department of General Services.
(e) "Energy audit" means a determination of the energy consumption
characteristics of a building that does all of the following:
(1) Identifies the type, size, and energy use level of the
building and the major energy using systems of the building.
(2) Determines appropriate energy conservation maintenance and
operating procedures.
(3) Indicates the need, if any, for the acquisition and
installation of energy conservation measures.
(f) "Energy conservation maintenance and operating procedure"
means a modification or modifications in the maintenance and
operations of a building, and any installations therein, based on the
use time schedule of the building that are designed to reduce energy
consumption in the building and that require no significant
expenditure of funds.
(g) "Energy conservation measure" means an installation or
modification of an installation in a building that is primarily
intended to reduce energy consumption or allow the use of a more
cost-effective energy source.
(h) "Energy conservation project" means an undertaking to acquire
and to install one or more energy conservation measures in a
building, and technical assistance in connection with that
undertaking.
(i) "Fund" means the Energy Efficient State Property Revolving
Loan Fund.
(j) "Project" means a purpose for which an allocation may be
requested and made under this chapter. Those purposes shall include
energy audits, energy conservation and operating procedures, and
energy conservation measures in existing buildings, and energy
conservation projects.
(k) "State agency" means a unit of state government, including any
department, agency, board, or commission under the State of
California.
(l) "State-owned building" means a building that is primarily
occupied by offices or agencies of a unit of state government and
includes those properties owned by the State of California.
25471. (a) There is hereby created in the State Treasury the
Energy Efficient State Property Revolving Loan Fund for the purpose
of implementing this chapter. Notwithstanding Section 13340 of the
Government Code, the money in this fund is continuously appropriated
to the department, without regard to fiscal years, for revolving fund
loans for projects on state-owned buildings and facilities to
achieve greater, long-term energy efficiency, energy conservation,
and energy cost and use avoidance.
(b) The fund shall be administered by the department. The
department may use other funding sources to leverage project loans.
(c) For the 2009-10 fiscal year, the sum of twenty-five million
dollars ($25,000,000) shall be transferred into the Energy Efficient
State Property Revolving Loan Fund from money received by the
commission pursuant to the act to be used for purposes of the federal
State Energy Program.
(d) The Controller shall disburse moneys in the fund for the
purposes of this chapter, as authorized by the department.
(e) Moneys in the fund, including all interest earnings, shall be
clearly delineated and distinctly accounted for in accordance with
the requirements of the act.
25472. (a) The department, in consultation with the commission,
shall establish a process by which projects are identified and
funding is allocated.
(b) Beginning July 1, 2009, the department shall use money in the
fund for projects that will improve long-term energy efficiency and
increase energy use savings.
(c) The department shall comply with the requirements of the act
and implementing guidelines of the commission, including, but not
limited to, performance metrics, data collection, and reporting. All
projects must be consistent with these requirements and guidelines.
(d) Funding prioritization shall be granted to those projects that
are cost-effective and will yield immediate and sustainable energy
efficiency, energy conservation, energy use cost savings, and cost
avoidance.
(e) The department shall fund allowable projects through a loan to
the appropriate state agency or agencies occupying the building or
facility for which the project will be performed.
(f) The department shall determine a reasonable loan repayment
schedule that may not exceed the life of the energy conservation
measure equipment, as determined by the department, or the lease term
of the building in which the energy conservation measure is
installed.
(g) Maximum loan amounts shall be based on estimated energy cost
savings that will allow state agencies to repay loan principal and
interest within the maximum repayment term specified in this section.
(h) The department shall periodically set interest rates on the
loans based on surveys of existing financial markets and at rates of
not less than 3 percent per annum.
(i) Annual loan repayment amounts shall be structured so as to
reflect the projected annualized energy cost avoidance estimated from
the completed project. The department may utilize a direct billing
methodology to recover loan repayments for completed projects.
25473. (a) On or before January 1, 2010, and annually thereafter,
the department, in collaboration with the commission, shall submit
to the Legislature's fiscal and appropriate policy committees a
report that includes an initial list of projects identified and
planned for the 2009-10 fiscal year, and for each fiscal year
thereafter. The report also shall include the anticipated cost of
each project, an analysis of the results of the methodology, and an
estimate of energy savings to be achieved.
(b) On or before July 1, 2010, the department, in collaboration
with the commission, shall submit to the Legislature an update to the
January 1 2010, report.
25474. (a) Any repayment of loans made pursuant to this chapter,
including interest payments, and all interest earnings on or accruing
to, any money resulting from the implementation of this chapter in
the Energy Efficient State Property Revolving Loan Fund, shall be
deposited in that fund and shall be available for the purposes of
this chapter.
(b) The department may recover costs of administering the projects
and related costs through energy utility rebates awarded to the
state agency as a result of completed projects up to 5 percent of the
project loan amounts. Project costs can include energy efficiency
improvements and costs associated with managing the project and
administering the loan program, including all reporting requirements.
SEC. 32. Section 48653 of the Public
Resources Code is amended to read:
48653. The board shall deposit all amounts paid pursuant to
Section 48650 by manufacturers, civil penalties, or fines paid
pursuant to this chapter, and all other revenues received pursuant to
this chapter into the California Used Oil Recycling Fund, which is
hereby created in the State Treasury. Notwithstanding Section 13340
of the Government Code, the money in the fund is to be appropriated
solely as follows:
(a) Continuously appropriated to the board for expenditure for the
following purposes:
(1) To pay recycling incentives pursuant to Section 48651.
(2) To provide a reserve for contingencies, as may be available
after making other payments required by this section, in an amount
not to exceed one million dollars ($1,000,000).
(3) To make block grants for the implementation of local used oil
collection programs adopted pursuant to Article 10 (commencing with
Section 48690) to cities, based on the city's population, and
counties, based on the population of the unincorporated area of the
county, in a total annual amount equal to ten million dollars
($10,000,000) or half of the amount which
that remains in the fund after the expenditures are made
pursuant to paragraphs (1) to (3), inclusive, and subdivision (b),
whichever amount is greater, multiplied by the fraction equal to the
population of cities and counties which are eligible for block grants
pursuant to Section 48690, divided by the population of the state.
The board shall use the latest population estimates of the state
generated by the Population Research Unit of the Department of
Finance in making the calculations required by this paragraph.
During the fiscal year 2009-10 and 2010-11, the board shall apply any
necessary reductions to block grants in an equitable manner that
takes into account prior year block grants that are held in reserves
by local organizations as available for grantees to use in their
operations.
(4) For expenditures pursuant to Section 48656.
(b) The money in the fund may be expended by the board for the
administration of this chapter and by the department for inspections
and reports pursuant to Section 48661, only upon appropriation by the
Legislature in the annual Budget Act.
(c) The money in the fund may be transferred to the Farm and Ranch
Solid Waste Cleanup and Abatement Account in the General Fund, upon
appropriation by the Legislature in the annual Budget Act, to pay the
costs associated with implementing and operating the Farm and Ranch
Solid Waste Cleanup and Abatement Grant Program established pursuant
to Chapter 2.5 (commencing with Section 48100).
(d) Appropriations to the board to pay the costs necessary to
administer this chapter, including implementation of the reporting,
monitoring, and enforcement program pursuant to subdivision (d) of
Section 48631, shall not exceed three million dollars ($3,000,000)
annually.
(e) The Legislature hereby finds and declares its intent that the
sum of two hundred fifty thousand dollars ($250,000) should be
annually appropriated from the California Used Oil Recycling Fund in
the annual Budget Act to the board, commencing with fiscal year
1996-97, for the purposes of Section 48655.
SEC. 33. Section 5106 of the Vehicle
Code is amended to read:
5106. (a) Except as provided in Section 5101.7, in addition to
the regular registration fee or a permanent trailer identification
fee, the applicant shall be charged a fee of forty dollars
($40) forty-eight dollars ($48) for issuance of
environmental license plates.
(b) In addition to the regular renewal fee or a permanent trailer
identification fee for the vehicle to which the plates are assigned,
the applicant for a renewal of environmental license plates shall be
charged an additional fee of thirty dollars ($30)
thirty-eight dollars ($38) . An applicant with a permanent
trailer identification plate shall be charged an annual fee of
thirty dollars ($30) thirty-eight dollars
($38) for renewal of environmental license plates. However,
applicants for renewal of prisoner-of-war special license plates
issued under Section 5101.5 shall not be charged the additional
renewal fee under this subdivision.
(c) When payment of renewal fees is not required as specified in
Section 4000, the holder of any environmental license plate may
retain the plate upon payment of an annual fee of thirty
dollars ($30) thirty-eight dollars ($38) . The
fee shall be due at the expiration of the registration year of the
vehicle to which the environmental license plate was last assigned.
However, applicants for retention of prisoner-of-war special license
plates issued under Section 5101.5 shall not be charged the
additional retention fee under this subdivision.
(d) Notwithstanding Section 9265, the applicant for a duplicate
environmental license plate or a duplicate, replacement commemorative
1984 Olympic reflectorized license plate shall be charged a fee of
thirty dollars ($30) thirty-eight dollars
($38) .
SEC. 34. Section 5108 of the Vehicle
Code is amended to read:
5108. Whenever any person who has been issued environmental
license plates applies to the department for transfer of the plates
to another passenger vehicle, commercial motor vehicle, trailer, or
semitrailer , a transfer fee of thirty dollars
($30) thirty-eight dollars ($38) shall be
charged in addition to all other appropriate fees.
SEC. 35. Section 147 is added to the
Water Code , to read:
147. (a) On or before January 10, 2010, and annually thereafter,
the department shall prepare and submit to the chairpersons of the
fiscal committees of the Legislature a report with regard to the
budget for the State Water
Resources Development System.
(b) The department shall include in the report all of the
following information:
(1) A description of the expenditures made, or projected to be
made, as applicable, on behalf of the State Water Resources
Development System, by program and fund, and of the total revenues
expended, or projected to be expended, as applicable, for that
system, including each fund source.
(2) A description of the positions within the department that
carry out functions related to the State Water Resources Development
System, and the total number of those positions.
(3) A description of any funds, other than funds generated by the
State Water Resources Development System, that are expended, or
projected to be expended, as applicable, for the State Water
Resources Development System, including those funds used for
cost-sharing purposes.
(4) An itemization of all contracts related to the Bay-Delta
Conservation Plan financed, or projected to be financed, as
applicable, in full or in part with funds generated by the State
Water Resources Development System, including the dollar amount of
those contracts and a brief description of the purposes of those
contracts.
(c) The department shall include in each report information
relating to three fiscal years that include the two completed fiscal
years that immediately precede the year in which the report is due,
along with applicable information for the fiscal year in which the
report is due. The department shall prepare the first report required
under subdivision (a) for the 2007-08, 2008-09, and 2009-10 fiscal
years.
SEC. 36. Section 8551 of the Water Code
is amended to read:
8551. (a) Except as provided in subdivision (g), the board
consists of nine members who shall be appointed in accordance with
this section.
(b) (1) Seven members of the board shall be appointed by the
Governor, subject to Senate confirmation.
(2) Of the members appointed pursuant to paragraph (1), the
following requirements apply:
(A) One person shall be an engineer.
(B) One person shall have training, experience, and expertise in
geology or hydrology.
(C) One person shall be a flood control expert with not less than
five years' experience.
(D) One person shall be an attorney with water experience.
(E) Three persons shall be public members.
(c) One member of the board shall be the Chair of the Senate
Committee on Natural Resources and Water, to the extent that service
with the board does not conflict with his or her legislative duties.
(d) One member of the board shall be the Chair of the Assembly
Committee on Water, Parks and Wildlife, to the extent that service
with the board does not conflict with his or her legislative duties.
(e) The members appointed pursuant to subdivisions (c) and (d)
shall be nonvoting ex officio members.
(f) (1) Except as provided in paragraph (2), the board members
appointed pursuant to subdivision (b) shall serve four-year terms.
(2) The board members initially appointed pursuant to this section
shall determine, by lot, that five members shall serve four-year
terms and four members shall serve two-year terms.
(g) Each board member holding office on December 31, 2007, shall
continue to serve until his or her successor is appointed
and has been qualified to hold office. The order of replacement shall
be determined by lot January 1, 2010 .
SEC. 37. Section 79424 is added to the
Water Code , to read:
79424. (a) The authority shall post on its Internet Web site
information relating to the awarding of grants that implement the
science element of the CALFED Bay-Delta Program.
(b) The information required to be posted pursuant to subdivision
(a) shall include all of the following:
(1) The dollar amount of the grant.
(2) The purpose of the grant.
(3) The date on which the grant was awarded.
(4) The identity of the entity awarding the grant and the identity
of the entity receiving the grant.
SEC. 38. No reimbursement is required by this act
pursuant to Section 6 of Article XIII B of the California
Constitution because the only costs that may be incurred by a local
agency or school district will be incurred because this act creates a
new crime or infraction, eliminates a crime or infraction, or
changes the penalty for a crime or infraction, within the meaning of
Section 17556 of the Government Code, or changes the definition of a
crime within the meaning of Section 6 of Article XIII B of the
California Constitution.
SECTION 1. It is the intent of the Legislature
to enact statutory changes relating to the Budget Act of 2009.
SEC. 2. SEC. 39. This act addresses
the fiscal emergency declared by the Governor by proclamation on
December 19, 2008, pursuant to subdivision (f) of Section 10 of
Article IV of the California Constitution.