BILL NUMBER: SB 855	CHAPTERED
	BILL TEXT

	CHAPTER  718
	FILED WITH SECRETARY OF STATE  OCTOBER 19, 2010
	APPROVED BY GOVERNOR  OCTOBER 19, 2010
	PASSED THE SENATE  OCTOBER 7, 2010
	PASSED THE ASSEMBLY  OCTOBER 7, 2010
	AMENDED IN ASSEMBLY  OCTOBER 7, 2010

INTRODUCED BY   Committee on Budget and Fiscal Review

                        JANUARY 11, 2010

   An act to amend Sections 25173.6, 25187, 25214.3, and 25215.7 of,
and to add Sections 44272.3, 44272.4, and 44272.7 to, the Health and
Safety Code, to amend Sections 4137, 4142, 14560, 14581, 25421,
25449.4, 25461, 25806, and 48004 of, to amend, repeal, and add
Section 71305 of, to add Sections 4124, 5016.2, 14556, and 25464 to,
and to add and repeal Section 3402.3 of, the Public Resources Code,
to add Sections 13628.5 and 85214 to the Water Code, and to amend
Section 1 of Chapter 384 of the Statutes of 2009, relating to
resources, making an appropriation therefor, and declaring the
urgency thereof, to take effect immediately.


	LEGISLATIVE COUNSEL'S DIGEST


   SB 855, Committee on Budget and Fiscal Review. Resources.
   (1) Existing law establishes the Toxic Substances Control Account
in the General Fund and authorizes the moneys deposited in the
account to be appropriated to the Department of Toxic Substances
Control for specified purposes related to response actions to
hazardous substance releases. Existing law generally authorizes the
department to expend the funds in the Hazardous Waste Control Account
for specified purposes related to the regulation of the handling of
hazardous waste. Existing law requires the administrative and civil
penalties collected pursuant to the provisions regulating
lead-containing jewelry and lead wheel weights be deposited in the
Hazardous Waste Control Account, for expenditure by the Department of
Toxic Substances Control, upon appropriation by the Legislature, to
implement and enforce those provisions. Existing law also imposes
specified criminal penalties upon a manufacturer or supplier that
violates certain toxic packaging requirements.
   This bill would provide for the deposit of the penalties collected
to enforce the requirements of the hazardous waste control laws
regarding lead-containing jewelry, toxic packaging, and lead wheel
weights in the Toxic Substances Control Account and would make
conforming changes with regard to those provisions. The bill would
authorize the Department of Toxic Substances Control to expend the
money in the Toxic Substances Control Account to implement and
enforce those provisions.
   (2) The California Alternative and Renewable Fuel, Vehicle
Technology, Clean Air, and Carbon Reduction Act of 2007 creates the
Alternative and Renewable Fuel and Vehicle Technology Program,
administered by the State Energy Resources Conservation and
Development Commission (Energy Commission). The program provides,
upon appropriation by the Legislature, grants, loans, loan
guarantees, revolving loans, or other appropriate measures, to public
agencies, businesses and projects, public-private partnerships,
vehicle and technology consortia, workforce training partnerships and
collaborative, fleet owners, consumers, recreational boaters, and
academic institutions to develop and deploy innovative technologies
that transform California's fuel and vehicle types to help attain the
state's climate change policies.
   Under existing law, the Energy Commission is required to develop
and adopt an investment plan to determine priorities and
opportunities for the program. Existing law requires that the
investment plan establish priorities for the investment of funds and
technologies to achieve the goals of the act and to describe how
funding will complement existing public and private investments,
including existing state programs that further the goals of the act.
   This bill would, until July 1, 2013, declare the Legislature's
intent that, to the maximum extent feasible, loan moneys provided by
the state to refiners of biofuels (biorefiners) be awarded so as to
increase the efficiency and environmental sustainability of biofuel
production. The bill would require that biorefiners receiving loans
from the commission's California Ethanol Producer Incentive Program,
authorized under the above provisions, meet specified goals
established under the program according to revised timeframes. The
bill would provide that these provisions do not limit the commission'
s ability to set more stringent guidelines for the program that would
further maximize the efficiency and environmental sustainability of
biofuel production. The bill would require a biorefiner receiving
loan moneys from the state pursuant to an appropriation made in the
2010-11 or 2011-12 fiscal year to comply with these conditions and to
demonstrate that compliance to the commission.
   This bill would require the Energy Commission, on or before March
15, 2011, and each January thereafter concurrent with the submittal
of the Governor's Budget, to submit a draft investment plan for the
upcoming fiscal year to the Joint Legislative Budget Committee and
all relevant policy and fiscal committees of the Legislature.
Beginning with the investment plan for the 2012-13 fiscal year, the
bill would require the commission to submit the final investment plan
for the upcoming fiscal year to those committees each May concurrent
with the submittal of the Governor's May Revision to the budget.
   The bill would also require the Energy Commission to notify these
committees when significant modifications, as defined, to the final
investment plan are approved.
   (3) Existing law generally regulates the drilling, operation,
maintenance, and abandonment of oil and gas wells. Existing law
imposes an annual charge upon each person operating or owning an
interest in an oil or gas well in respect to the production of the
well which charge is payable to the Treasurer for deposit into the
Oil, Gas, and Geothermal Administrative Fund. Existing law requires
that the proceeds of these charges be used exclusively for the
support and maintenance of the Division of Oil, Gas, and Geothermal
Resources in the Department of Conservation for the supervision of
oil and gas.
   This bill would require that any increase in the charge on oil
production by the Department of Conservation for deposit into the
Oil, Gas, and Geothermal Administrative Fund for the purpose of
completing workload requested in the 2010-11 Budget Act related to
the acceleration of the remediation of orphaned oil facilities only
be made for a period of 4 years.
   (4) Existing law appropriates money that is required to be
available for emergency fire suppression and detection costs and
related emergency revegetation costs.
   This bill would require the Department of Forestry and Fire
Protection to report to the Joint Legislative Budget Committee
quarterly, regarding emergency incidents funded entirely or in part
from that funding, commonly referred to as the "emergency fund," and
would specify the contents of the report.
   (5) Existing law requires the department to provide an annual
report to the Legislature regarding certain fire prevention
activities and specifies the contents of the report.
   This bill would revise and recast those report requirements.
   (6) Existing law authorizes the department to enter into a
cooperative agreement for the purpose of preventing and suppressing
forest fires or other fires in any lands within a county, city, or
district that makes an appropriation for that purpose.
   This bill would require the department, within 30 days of final
approval of a new or renewed cooperative agreement valued at
$5,000,000 or more, to submit to the relevant fiscal and policy
committees of each house of the Legislature a copy of the final
agreement and a brief summary of the agreement for the purpose of
highlighting information relevant to the Legislature's fiscal
oversight of the agreement.
   (7) Existing law provides for a state park system, of which the
Anza-Borrego Desert State Park and the Ocotillo Wells State Vehicular
Recreation Area are units, and authorizes the Department of Parks
and Recreation, with the consent of the Department of Finance, to
acquire title to, or any interest in, real property that the
department deems necessary or proper for the extension, improvement,
or development of the state park system.
   This bill would, notwithstanding any other law, authorize the
Department of Parks and Recreation to enter into any transaction for
the acquisition of land known as the "Freeman Property" and would
exempt the acquisition from the California Environmental Quality Act
(CEQA), except as specified. The bill would require the department,
among other things, to annex specified portions of the "Freeman
Property" to the Anza-Borrego Desert State Park and the Ocotillo
Wells State Vehicular Recreation Area upon completion of transfer of
title to the department.
   (8) Existing law, the California Beverage Container Recycling and
Litter Reduction Act (act), requires a distributor to pay a
redemption payment of $0.04 for every beverage container sold or
offered for sale in the state to the Department of Resources
Recycling and Recovery, for deposit in the funds in the California
Beverage Container Recycling Fund. The act also requires the
department to calculate a processing fee for each beverage container
with a specified scrap value, which is required to be paid by
beverage manufacturers, and to reduce the amount of the processing
fee under specified circumstances.
   Existing law requires the department to review the fund and if it
determines there are inadequate funds to make certain payments and
the processing fee reductions, to immediately notify the Legislature.
Existing law authorizes the department to eliminate expenditures,
upon making this determination, on or before 180 days, but not less
than 90 days after this notice is sent to the Legislature.
   This bill would revise that procedure to instead require the
department to provide to the Legislature, not less than once every 3
months, certain information for the current fiscal year and the
budget year, and to post the most recent information on the
department's Internet Web site, not less than once every 3 months.
   The bill would require the department to review the information
included in the fund condition statement, not less than once every 3
months, and if pursuant to that review the department determines that
there are inadequate funds to pay the payments required by the act,
the bill would authorize the department to reduce or eliminate
expenditures on or before 180 days but not less than 80 days after
notifying the Legislature. The bill would also make conforming
changes.
   (9) Existing law requires the State Energy Resources Conservation
and Development Commission to administer the State Energy
Conservation Assistance Account, a continuously appropriated account,
in the General Fund until January 1, 2011, to provide grants and
loans to local governments and public institutions to maximize energy
use savings. All loans outstanding as of that date are required to
continue to be repaid as specified until paid in full, and all
unexpended funds in the account on and after that date, except as
specified, are required to revert to the General Fund.
   This bill would extend the operation of those provisions to
January 1, 2013, and would thereby make an appropriation by extending
the time during which the funds in a continuously appropriated
account are made available.
   (10) Existing law, until January 1, 2011, requires the commission
to enter into agreements with the Regents of the University of
California, the Trustees of the California State University, the
Board of Governors of the California Community Colleges, and the
State Department of Education to expend specified funds for certain
purposes relating to energy conservation. Existing law creates the
Local Jurisdiction Energy Assistance Account in the General Fund for
the purposes of these provisions and requires the funds in the
account to be disbursed by the Controller as authorized by the
commission. All loans outstanding as of January 1, 2011, are required
to continue to be repaid as specified until paid in full, and all
unexpended funds in the account on and after that date, except as
specified, are required to be deposited in the Federal Trust Fund and
expended for the purposes for which federal oil overcharge funds are
available.
   This bill would extend the operation of those provisions to
January 1, 2016, and would thereby make an appropriation by extending
the time during which the specified funds are available for
disbursement.
   (11) Existing law authorizes the State Energy Resources
Conservation and Development Commission to administer funds
appropriated by the federal American Recovery and Reinvestment Act of
2009 to award contracts, grants, and loans for energy-related
projects.
   This bill would additionally authorize the commission to use the
federal funds for loan guarantees, loan loss reserves, and credit
enhancement for those projects.
   This bill would authorize the commission to use those federal
funds available to the commission to implement the Clean and
Renewable Energy Business Financing Revolving Loan Program to provide
low interest loans to California clean and renewable energy
manufacturing businesses. The bill would establish the Clean and
Renewable Energy Business Financing Revolving Loan Fund. Moneys in
the fund would be continuously appropriated to the commission to
implement the program.
   The bill would require the transfer of federal funds available to
the commission to the fund when loans are awarded under the program.
The bill would allow the commission to expend up to 5% of the moneys
in the fund for administrative costs.
   (12) Existing law requires a person to obtain certification from
the State Energy Resources Conservation and Development Commission
before commencing construction of a thermal powerplant or electric
transmission line and requires the person who submits an application
for certification for a proposed generating facility to pay a fee of
$100,000 plus $250 per megawatt of gross generating capacity of the
proposed facility, the total fee not to exceed $350,000. A person who
receives certification of a proposed generating facility is also
required to pay an annual fee of $15,000. Existing law exempts from
those fees a generating facility that uses a renewable resource as
its primary fuel or power source. The fees are required to be
deposited in the Energy Facility License and Compliance Fund in the
State Treasury, for expenditure by the commission, upon appropriation
by the Legislature, for processing applications for certification
and for compliance monitoring.
   This bill would increase the amount of the fee for an application
for certification to $250,000 plus $500 per megawatt, would increase
the limit of the total fee to $750,000, and would increase the annual
fee to $25,000. The bill would repeal the exemption from the fee for
a generating facility that uses a renewable resource and would
require the commission to submit a report, by July 1, 2012, to the
Legislature on the impact of these changes.
   (13) The California Integrated Waste Management Act of 1989 (the
act) requires each operator of a solid waste disposal facility to pay
a fee to the State Board of Equalization that is based on the amount
of all solid waste disposed of at each disposal site. The act
generally requires the fee revenue to be deposited in the Integrated
Waste Management Account, and requires money in the account, upon
appropriation, to be used by the Department of Resources Recycling
and Recovery for the administration and implementation of the act and
by the State Water Resources Control Board and California regional
water quality control boards for the administration and
implementation of the Porter-Cologne Water Quality Control Act (the
water act). The act provides that it is the Legislature's intent that
an amount that is sufficient to fund state water board and regional
water board regulatory activities for solid waste landfills be
appropriated from the account by the Legislature.
   This bill would amend the act's fee provision to require the same
conditions as in the water act for the application of a waste
discharge fee waiver.
   (14) Existing law establishes the Environmental Education Account
in the State Treasury, and authorizes the California Environmental
Protection Agency to expend moneys in the account, upon appropriation
by the Legislature, for purposes related to providing environmental
education for elementary and secondary pupils in the state. Existing
law authorizes the agency to accept and receive federal, state, and
local funds and contributions of funds from a public or private
organization or individual, and to receive proceeds from a judgment
in state or federal court, when the funds are contributed or the
judgment specifies that the proceeds are to be used for environmental
education purposes.
   This bill would, until January 1, 2013, also authorize the agency
to enter into a contract with an external fiscal agent, as defined,
for the receipt of contributions to be used for purposes related to
environmental education, as prescribed, among other things.
   (15) Under existing law, the State Water Resources Control Board
operates a wastewater treatment plant classification and operator
certification program. In connection with the program, the board is
required to classify types of wastewater treatment plants to
determine the level of competence necessary to operate the plants.
Under the program, supervisors and operators are required to possess
certificates of the appropriate grade. For certification purposes,
operators at certain private wastewater treatment plants are required
to pass a written examination that may be administered by the board.
Existing law authorizes the board to impose fees to cover the costs
of the program.
   This bill would require the fees, beginning July 1, 2010, to be
deposited in the Wastewater Operator Certification Fund, which the
bill would create in the State Treasury. The board would be
authorized to expend the funds, upon appropriation by the
Legislature, for purposes of administering the program.
   (16) The Sacramento-San Joaquin Delta Reform Act of 2009 (Delta
Reform Act) establishes the Delta Stewardship Council, which is
required to develop, adopt, and commence implementation of a
comprehensive management plan for the Delta (Delta Plan) by January
1, 2012. The act provides that the council is the successor to the
California Bay-Delta Authority, which previously was required to
carry out programs, projects, and activities to implement the CALFED
Bay-Delta Program with other implementing agencies.
   This bill would require the Governor, on or before April 1, 2011,
to submit to the Legislature a report on the budget for the 2011-12
fiscal year for all state agency programs that implement water and
ecosystem restoration activities in the Sacramento-San Joaquin Delta
using a zero-based budget methodology, as defined. The bill would
require that budget to complement the budget for the CALFED Bay-Delta
Program, and would require all state expenditures reported in the
budget for the CALFED Bay-Delta Program for the 2011-12 fiscal year
to be reported using a zero-based budget methodology.
   (17) The Delta Reform Act requires the council to administer
contracts, grants, easements, and agreements made or entered into by
the California Bay-Delta Authority, and prescribes the powers of the
council, which include, among others, the power to enter into
contracts, to hire employees, and to adopt regulations or guidelines.
The Delta Reform Act requires the council to consider the Bay Delta
Conservation Plan (BDCP) for inclusion in the Delta Plan, and
prohibits the incorporation of the BDCP into the Delta Plan unless
the BDCP complies with specified requirements.
   This bill would declare legislative intent relating to contracts
entered into by the council for purposes of developing the Delta Plan
and the independence of contractors with respect to work related to
the Delta Plan and the BDCP.
   (18) The bill would require, no later than March 1, 2011, the
State Water Resources Control Board to, among other things, submit to
the budget committees in each house of the Legislature an analysis
and report on the costs of regulating water quality at active
landfills.
   (19) Under existing law, the State Water Resources Control Board
administers a water rights program pursuant to which the state board
grants permits and licenses to appropriate water. Existing law
requires each person or entity that files an application for a permit
to appropriate water, or various other petitions or requests
relating to the right to use water, to pay a fee according to a fee
schedule established by the board.
   The California Environmental Quality Act (CEQA) requires a lead
agency, as defined, to prepare, or cause to be prepared, and certify
the completion of, an environmental impact report (EIR) on a project
that it proposes to carry out or approve that may have a significant
effect on the environment, or to adopt a negative declaration if the
lead agency finds that the project will not have that effect. CEQA
requires a lead agency to prepare a mitigated negative declaration
for a project that may have a significant effect on the environment
if revisions in the project would avoid or mitigate that effect and
there is no substantial evidence that the project, as revised, would
have a significant effect on the environment. CEQA authorizes a lead
agency to charge a reasonable fee to cover the costs of preparing an
EIR or negative declaration.
   This bill would require the state board, by July 1, 2013, to
prepare, publish on its Internet Web site, and submit to the Joint
Legislative Budget Committee, a report on the effectiveness of
directly contracting with environmental consultants to prepare
documents required pursuant to CEQA and the effectiveness of
recovering the costs of preparing those documents from water rights
applicants and petitioners. The bill would repeal this reporting
requirement on January 1, 2015.
   (20) Under existing law, various bond acts have been approved by
the voters to provide funds for water projects, facilities, and
programs. The Disaster Preparedness and Flood Prevention Bond Act of
2006, a bond act approved by the voters at the November 7, 2006,
statewide general election, authorizes the issuance of bonds in the
amount of $4,090,000,000 for the purposes of financing disaster
preparedness and flood prevention projects. The Safe Drinking Water,
Water Quality and Supply, Flood Control, River and Coastal Protection
Bond Act of 2006, an initiative bond act approved by the voters at
the November 7, 2006, statewide general election, authorizes the
issuance of bonds in the amount of $5,388,000,000 for the purposes of
financing a safe drinking water, water quality and supply, flood
control, and resource protection program. Existing law appropriates
$522,000,000 from these bond acts for integrated regional water
management and flood control and management.
   This bill would revert that $522,000,000 appropriation to the
originating funds and would reappropriate that money for those
purposes as the bill would revise them.
   (21) Existing law appropriates, from the proceeds of the Safe
Drinking Water, Water Quality and Supply, Flood Control, River and
Coastal Protection Bond Act of 2006, among other things, $181,791,000
to the Department of Water Resources for integrated regional water
management activities, including $39,000,000 for planning grants,
local groundwater assistance grants, and scientific research grants
to a specified consortium of state and federal agencies with
management and regulatory responsibilities in the San Francisco
Bay/Sacramento-San Joaquin Delta Estuary (CALFED).
   This bill would require the department, in providing grants of
those funds, to give preference, as a statewide priority, to
proposals that include actions designed to integrate certain
stormwater resource plan requirements into an integrated regional
water management plan.
   (22) The California Global Warming Solutions Act of 2006
designates the State Air Resources Board as the state agency charged
with monitoring and regulating sources of emissions of greenhouse
gases. The state board is required to adopt a statewide greenhouse
gas emissions limit equivalent to the statewide greenhouse gas
emissions level in 1990 to be achieved by 2020, and to adopt rules
and regulations in an open public process to achieve the maximum
technologically feasible and cost-effective greenhouse gas emission
reductions.
   This bill would require the Governor, on or before April 1, 2011,
to submit a report to the Legislature on the budget for the 2011-12
fiscal year for all state agency programs that implement, or directly
further the goals of, the California Global Warming Solutions Act of
2006 using a zero-based budget methodology, as defined.
   (23) Existing law requires the State Air Resources Board to make
available to the public each technical, theoretical, and empirical
study, report, or similar document, if any, on which the agency
relies, related to, but not limited to, air emissions, public health
impacts, and economic impacts, before the comment period for any
regulation proposed for adoption by the state board. Existing law
provides that it is the intent of the Legislature in enacting those
provisions to ensure that the public is provided sufficient
information so that interested parties may easily and without undue
effort reproduce and verify all aspects of state board staff
analysis, related to, but not limited to, air emissions, public
health impacts, and economic impacts, performed during the
development of a regulation.
   This bill would instead provide that it is the intent of the
Legislature to ensure that the public is provided all of the
information relied on by the state board staff in proposing the
adoption, amendment, or repeal of a regulation, including all
information related to, but not limited to, air emissions, public
health impacts, and economic impacts.
   (24) Existing law establishes the Office of the State Fire Marshal
in the Department of Forestry and Fire Protection. Existing law
requires the State Fire Marshal to prepare and adopt building
standards relating to fire protection in a state-owned building or in
a state-occupied building.
   This bill would require the Department of Forestry and Fire
Protection, on or before January 1, 2012, to report to the Joint
Legislative Budget Committee on the steps taken by the Office of the
State Fire Marshal to improve fire and panic safety with respect to
green building standards. The bill would require the report also to
describe all steps taken by the office to better coordinate work on
green building standards code development with the California
Building Standards Commission and the Department of Housing and
Community Development.
   (25) Existing state and federal law requires the Department of
Conservation, Division of Oil, Gas, and Geothermal Resources, to
regulate specified injection wells under the division's Underground
Injection Control Program (UIC program) which is monitored and
audited by the United States Environmental Protection Agency. The UIC
program includes permitting, inspection, enforcement, mechanical
integrity testing, plugging and abandonment oversight, data
management, and public outreach.
   The bill would require the department to make a specified report
to the Legislature on the UIC program and to deliver that report to
the fiscal and relevant policy committees of each house by January
30, 2011, and annually thereafter, and to report
                        on its UIC program's action plan developed to
address the program's assessment findings and the department's
existing efforts to implement the plan, by January 30, 2012, and
annually thereafter, as specified. These provisions would become
inoperative on March 1, 2015, and would be repealed as of January 1,
2016.
   (26) The bill would require the Governor, as part of the
submission to the Legislature of the budget for the 2011-12 fiscal
year, to include a zero-based 2011-12 fiscal year budget for all
activities that were supported from the department's emergency fund
in the 2009-10 fiscal year that were subsequently shifted to support
from the department's main budget item in the 2010-11 fiscal year.
   (27) This bill would declare that it is to take effect immediately
as an urgency statute.
   Appropriation: yes.


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

  SECTION 1.  Section 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) All penalties recovered pursuant to Section 25214.3, except as
provided by Section 25192.
   (8) All penalties recovered pursuant to Section 25214.22.1, except
as provided by Section 25192.
   (9) All penalties recovered pursuant to Section 25215.7, except as
provided by Section 25192.
   (10) 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.
   (11) 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.).
   (12) 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 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 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 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.
   (17) As provided in Sections 25214.3 and 25215.7 and, with regard
to penalties recovered pursuant to Section 25214.22.1, to implement
and enforce Article 10.4 (commencing with Section 25214.11).
   (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 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) Notwithstanding Section 10231.5 of the Government Code, 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. 2.  Section 25187 of the Health and Safety Code is amended to
read:
   25187.  (a) (1) The department or a unified program agency, in
accordance with subdivision (  l  ), may issue an order
requiring that the violation be corrected and imposing an
administrative penalty, for any violation of this chapter or any
permit, rule, regulation, standard, or requirement issued or adopted
pursuant to this chapter, whenever the department or Unified Program
Agency determines that a person has violated, is in violation of, or
threatens, as defined in subdivision (e) of Section 13304 of the
Water Code, to violate, this chapter or Chapter 6.8 (commencing with
Section 25300), or any permit, rule, regulation, standard, or
requirement issued or adopted pursuant to this chapter or Chapter 6.8
(commencing with Section 25300).
   (2) In an order proposing a penalty pursuant to this section, the
department or Unified Program Agency shall take into consideration
the nature, circumstances, extent, and gravity of the violation, the
violator's past and present efforts to prevent, abate, or clean up
conditions posing a threat to the public health or safety or the
environment, the violator's ability to pay the proposed penalty, and
the prophylactic effect that the imposition of the proposed penalty
would have on both the violator and the regulated community as a
whole.
   (b) The department or a unified program agency, in accordance with
subdivision (  l  ), may issue an order requiring
corrective action whenever the department or Unified Program Agency
determines that there is or has been a release, as defined in Chapter
6.8 (commencing with Section 25300), of hazardous waste or
constituents into the environment from a hazardous waste facility.
   (1) In the case of a release of hazardous waste or constituents
into the environment from a hazardous waste facility that is required
to obtain a permit pursuant to Article 9 (commencing with Section
25200), the department shall pursue the remedies available under this
chapter, including the issuance of an order for corrective action
pursuant to this section, before using the legal remedies available
pursuant to Chapter 6.8 (commencing with Section 25300), except in
any of the following circumstances:
   (A) If the person who is responsible for the release voluntarily
requests in writing that the department issue an order to that person
to take corrective action pursuant to Chapter 6.8 (commencing with
Section 25300).
   (B) If the person who is responsible for the release is unable to
pay for the cost of corrective action to address the release. For
purposes of this subparagraph, the inability of a person to pay for
the cost of corrective action shall be determined in accordance with
the policies of the Environmental Protection Agency for the
implementation of Section 9605 of Title 42 of the United States Code.

   (C) If the person responsible for the release is unwilling to
perform corrective action to address the release. For purposes of
this subparagraph, the unwillingness of a person to take corrective
action shall be determined in accordance with the policies of the
Environmental Protection Agency for the implementation of Section
9605 of Title 42 of the United States Code.
   (D) If the release is part of a regional or multisite groundwater
contamination problem that cannot, in its entirety, be addressed
using the legal remedies available pursuant to this chapter and for
which other releases that are part of the regional or multisite
groundwater contamination problem are being addressed using the legal
remedies available pursuant to Chapter 6.8 (commencing with Section
25300).
   (E) If an order for corrective action has already been issued
against the person responsible for the release, or the department and
the person responsible for the release have, prior to January 1,
1996, entered into an agreement to address the required cleanup of
the release pursuant to Chapter 6.8 (commencing with Section 25300).
   (F) If the hazardous waste facility is owned or operated by the
federal government.
   (2) The order shall include a requirement that the person take
corrective action with respect to the release of hazardous waste or
constituents, abate the effects thereof, and take any other necessary
remedial action.
   (3) If the order requires corrective action at a hazardous waste
facility, the order shall require that corrective action be taken
beyond the facility boundary, where necessary to protect human health
or the environment.
   (4) The order shall incorporate, as a condition of the order, any
applicable waste discharge requirements issued by the State Water
Resources Control Board or a California regional water quality
control board, and shall be consistent with all applicable water
quality control plans adopted pursuant to Section 13170 of the Water
Code and Article 3 (commencing with Section 13240) of Chapter 4 of
Division 7 of the Water Code and state policies for water quality
control adopted pursuant to Article 3 (commencing with Section 13140)
of Chapter 3 of Division 7 of the Water Code existing at the time of
the issuance of the order, to the extent that the department or
Unified Program Agency determines that those plans and policies are
not less stringent than this chapter and regulations adopted pursuant
to this chapter. The order may include any more stringent
requirement that the department or Unified Program Agency determines
is necessary or appropriate to protect water quality.
   (5) Persons who are subject to an order pursuant to this
subdivision include present and prior owners, lessees, or operators
of the property where the hazardous waste is located, present or past
generators, storers, treaters, transporters, disposers, and handlers
of hazardous waste, and persons who arrange, or have arranged, by
contract or other agreement, to store, treat, transport, dispose of,
or otherwise handle hazardous waste.
   (6) For purposes of this subdivision, "hazardous waste facility"
includes the entire site that is under the control of an owner or
operator engaged in the management of hazardous waste.
   (c) Any order issued pursuant to this section shall be served by
personal service or certified mail and shall inform the person so
served of the right to a hearing. If the Unified Program Agency
issues the order pursuant to this section, the order shall state
whether the hearing procedure specified in paragraph (2) of
subdivision (f) may be requested by the person receiving the order.
   (d) Any person served with an order pursuant to this section who
has been unable to resolve any violation or deficiency on an informal
basis with the department or Unified Program Agency may, within 15
days after service of the order, request a hearing pursuant to
subdivision (e) or (f) by filing with the department or Unified
Program Agency a notice of defense. The notice shall be filed with
the office that issued the order. A notice of defense shall be deemed
filed within the 15-day period provided by this subdivision if it is
postmarked within that 15-day period. If no notice of defense is
filed within the time limits provided by this subdivision, the order
shall become final.
   (e) Any hearing requested on an order issued by the department
shall be conducted within 90 days after receipt of the notice of
defense by an administrative law judge of the Office of
Administrative Hearings of the Department of General Services in
accordance with Chapter 4.5 (commencing with Section 11400) of Part 1
of Division 3 of Title 2 of the Government Code, and the department
shall have all the authority granted to an agency by those
provisions.
   (f) Except as provided in subparagraph (B) of paragraph (2), a
person requesting a hearing on an order issued by a unified program
agency may select the hearing process specified in either paragraph
(1) or (2) in the notice of defense filed with the Unified Program
Agency pursuant to subdivision (d). Within 90 days of receipt of the
notice of defense by the Unified Program Agency, the hearing shall be
conducted using one of the following procedures:
   (1) An administrative law judge of the Office of Administrative
Hearings of the Department of General Services shall conduct the
hearing in accordance with Chapter 4.5 (commencing with Section
11400) of Part 1 of Division 3 of Title 2 of the Government Code.
   (2) (A) A hearing officer designated by the Unified Program Agency
shall conduct the hearing in accordance with Chapter 4.5 (commencing
with Section 11400) of Part 1 of Division 3 of Title 2 of the
Government Code, and the Unified Program Agency shall have all the
authority granted to an agency by those provisions. When a hearing is
conducted by a unified program agency pursuant to this paragraph,
the Unified Program Agency shall, within 60 days of the hearing,
issue a decision.
   (B) A person requesting a hearing on an order issued by a unified
program agency may select the hearing process specified in this
paragraph in a notice of defense filed pursuant to subdivision (d)
only if the Unified Program Agency has, as of the date the order is
issued pursuant to subdivision (c), selected a designated hearing
officer and established a program for conducting a hearing in
accordance with this paragraph.
   (g) The hearing decision issued pursuant to subdivision (f) shall
be effective and final upon issuance. Copies of the decision shall be
served by personal service or by certified mail upon the party
served with the order and upon other persons who appeared at the
hearing and requested a copy.
   (h) Any provision of an order issued under this section, except
the imposition of an administrative penalty, shall take effect upon
issuance by the department or Unified Program Agency if the
department or Unified Program Agency finds that the violation or
violations of law associated with that provision may pose an imminent
and substantial endangerment to the public health or safety or the
environment, and a request for a hearing shall not stay the effect of
that provision of the order pending a hearing decision. However, if
the department or Unified Program Agency determines that any or all
provisions of the order are so related that the public health or
safety or the environment can be protected only by immediate
compliance with the order as a whole, then the order as a whole,
except the imposition of an administrative penalty, shall take effect
upon issuance by the department or Unified Program Agency. A request
for a hearing shall not stay the effect of the order as a whole
pending a hearing decision.
   (i) A decision issued pursuant to this section may be reviewed by
the court pursuant to Section 11523 of the Government Code. In all
proceedings pursuant to this section, the court shall uphold the
decision of the department or Unified Program Agency if the decision
is based upon substantial evidence in the whole record. The filing of
a petition for writ of mandate shall not stay any action required
pursuant to this chapter or the accrual of any penalties assessed
pursuant to this chapter. This subdivision does not prohibit the
court from granting any appropriate relief within its jurisdiction.
   (j) (1) All administrative penalties collected from actions
brought by the department pursuant to this section shall be placed in
a separate subaccount in the Toxic Substances Control Account and
shall be available only for transfer to the Site Remediation Account
or the Expedited Site Remediation Trust Fund and for expenditure by
the department upon appropriation by the Legislature.
   (2) The administrative penalties collected from an action brought
by the department pursuant to Sections 25214.3, 25214.22.1, 25215.7,
in accordance with this section, shall be deposited in the Toxic
Substances Control Account, for expenditure by the department for
implementation and enforcement activities, upon appropriation by the
Legislature, pursuant to Section 25173.6.
   (k) All administrative penalties collected from an action brought
by a unified program agency pursuant to this section shall be paid to
the Unified Program Agency that imposed the penalty, and shall be
deposited into a special account that shall be expended to fund the
activities of the Unified Program Agency in enforcing this chapter
pursuant to Section 25180.
   (l) The authority granted under this section to a unified program
agency is limited to both of the following:
   (1) The issuance of orders to impose penalties and to correct
violations of the requirements of this chapter and its implementing
regulations, only when the violations are violations of requirements
applicable to hazardous waste generators and persons operating
pursuant to a permit-by-rule, conditional authorization, or
conditional exemption, when the violations occur at a unified program
facility within the jurisdiction of the CUPA.
   (2) The issuance of orders to require corrective action when there
has been a release of hazardous waste or constituents only when the
Unified Program Agency is authorized to do so pursuant to Section
25404.1.
   (m) The CUPA shall annually submit a summary report to the
department on the status of orders issued by the unified program
agencies under this section and Section 25187.1.
   (n) The CUPA shall consult with the district attorney for the
county on the development of policies to be followed in exercising
the authority delegated pursuant to this section and Section 25187.1,
as they relate to the authority of unified program agencies to issue
orders.
   (o) The CUPA shall arrange to have appropriate legal
representation in administrative hearings that are conducted by an
administrative law judge of the Office of Administrative Hearings of
the Department of General Services, and when a decision issued
pursuant to this section is appealed to the superior court.
   (p) The department may adopt regulations to implement this section
and paragraph (2) of subdivision (a) of Section 25187.1 as they
relate to the authority of unified program agencies to issue orders.
The regulations shall include, but not be limited to, all of the
following requirements:
   (1) Provisions to ensure coordinated and consistent application of
this section and Section 25187.1 when both the department and the
Unified Program Agency have or will be issuing orders under one or
both of these sections at the same facility.
   (2) Provisions to ensure that the enforcement authority granted to
the unified program agencies will be exercised consistently
throughout the state.
   (3) Minimum training requirements for staff of the Unified Program
Agency relative to this section and Section 25187.1.
   (4) Procedures to be followed by the department to rescind the
authority granted to a unified program agency under this section and
Section 25187.1, if the department finds that the Unified Program
Agency is not exercising that authority in a manner consistent with
this chapter and Chapter 6.11 (commencing with Section 25404) and the
regulations adopted pursuant thereto.
   (q) Except for an enforcement action taken pursuant to this
chapter or Chapter 6.8 (commencing with Section 25300), this section
does not otherwise affect the authority of a local agency to take any
action under any other provision of law.
  SEC. 3.  Section 25214.3 of the Health and Safety Code is amended
to read:
   25214.3.  (a) Except as provided in Sections 25214.3.3 and
25214.3.4, a person who violates this article shall not be subject to
criminal penalties imposed pursuant to this chapter and shall only
be subject to the administrative or civil penalty specified in
subdivision (b).
   (b) (1) A person who violates this article shall be liable for an
administrative or a civil penalty not to exceed two thousand five
hundred dollars ($2,500) per day for each violation. That
administrative or civil penalty may be assessed and recovered in an
administrative action filed with the Office of Administrative
Hearings or in a civil action brought in any court of competent
jurisdiction.
   (2) In assessing the amount of an administrative or a civil
penalty for a violation of this article, the presiding officer or the
court, as applicable, shall consider all of the following:
   (A) The nature and extent of the violation.
   (B) The number of, and severity of, the violations.
   (C) The economic effect of the penalty on the violator.
   (D) Whether the violator took good faith measures to comply with
this article and the time these measures were taken.
   (E) The willfulness of the violator's misconduct.
   (F) The deterrent effect that the imposition of the penalty would
have on both the violator and the regulated community as a whole.
   (G) Any other factor that justice may require.
   (c) Administrative and civil penalties collected pursuant to this
article shall be deposited in the Toxic Substances Control Account,
for expenditure by the department, upon appropriation by the
Legislature, to implement and enforce this article, except as
provided in Section 25192.
   (d) (1) Notwithstanding subdivision (b), a party that is a
signatory to the amended consent judgment, or a party that is a
signatory to a consent judgment entered in the consolidated action
                                           entitled People vs.
Burlington Coat Factory Warehouse Corporation, et al. (Alameda
Superior Court Lead Case No. RG 04-162075) that contains identical or
substantially identical terms as provided in Sections 2, 3, and 4 of
the amended consent judgment, shall not be subject to enforcement
pursuant to this article, and an action brought to enforce this
article against the party shall be subject to Section 4 of the
amended consent judgment.
   (2) The Legislature finds and declares that the amendment of this
subdivision by Chapter 575 of the Statutes of 2008 is declaratory of
existing law.
   (e) (1) For the purpose of administering and enforcing this
article, an authorized representative of the department, upon
obtaining consent or after obtaining an inspection warrant pursuant
to Title 13 (commencing with Section 1822.50) of Part 3 of the Code
of Civil Procedure, may, upon presenting appropriate credentials and
at a reasonable time, do any of the following:
   (A) Enter a factory, warehouse, or establishment where jewelry is
manufactured, packed, held, or sold; enter a vehicle that is being
used to transport, hold, or sell jewelry; or enter a place where
jewelry is being held or sold.
   (B) Inspect a factory, warehouse, establishment, vehicle, or place
described in subparagraph (A), and all pertinent equipment, raw
material, finished and unfinished materials, containers, and labeling
in the factory, warehouse, establishment, vehicle, or place. In the
case of a factory, warehouse, or establishment where jewelry is
manufactured, packed, held, or sold, this inspection shall include
any record, file, paper, process, control, and facility that has a
bearing on whether the jewelry is being manufactured, packed, held,
transported, sold, or offered for sale or for promotional purposes in
violation of this article.
   (2) (A) An authorized representative of the department may secure
a sample of jewelry when taking an action authorized pursuant to this
subdivision. If the representative obtains a sample prior to leaving
the premises, he or she shall leave a receipt describing the sample
obtained.
   (B) The department shall return, upon request, a sample that is
not destroyed during testing when the department no longer has any
purpose for retaining the sample.
   (C) A sample that is secured in compliance with this section and
found to be in compliance with this article that is destroyed during
testing shall be subject to a claim for reimbursement.
   (3) An authorized representative of the department shall have
access to all records of a carrier in commerce relating to the
movement in commerce of jewelry, or the holding of that jewelry
during or after the movement, and the quantity, shipper, and
consignee of the jewelry. A carrier shall not be subject to the other
provisions of this article by reason of its receipt, carriage,
holding, or delivery of jewelry in the usual course of business as a
carrier.
   (4) An authorized representative of the department shall be deemed
to have received implied consent to enter a retail establishment,
for purposes of this section, if the authorized representative enters
the location of that retail establishment where the public is
generally granted access.
  SEC. 4.  Section 25215.7 of the Health and Safety Code is amended
to read:
   25215.7.  (a) Any person who violates or threatens to violate the
provisions of this article may be enjoined in any court of competent
jurisdiction.
   (b) Notwithstanding any other law, a person who violates this
article shall not be subject to criminal penalties and shall only be
subject to the administrative or civil penalties specified in
subdivision (c).
   (c) (1) A person who violates this article shall be liable for an
administrative or a civil penalty not to exceed two thousand five
hundred dollars ($2,500) per day for each violation. That
administrative or civil penalty may be assessed and recovered in an
administrative action filed with the Office of Administrative
Hearings or in a civil action brought in any court of competent
jurisdiction.
   (2) In assessing the amount of an administrative or a civil
penalty for a violation of this article, the presiding officer or the
court shall consider all of the following:
   (A) The nature and extent of the violation.
   (B) The number and severity of the violations.
   (C) The economic effect of the penalty on the violator.
   (D) Whether the violator took good faith measures to comply with
this article and the time these measures were taken.
   (E) The willfulness of the violator's misconduct.
   (F) The deterrent effect that the imposition of the penalty would
have on both the violator and the regulated community as a whole.
   (G) Any other factor that justice may require.
   (d) Administrative and civil penalties collected pursuant to this
article shall be deposited in the Toxic Substances Control Account,
for expenditure by the Department of Toxic Substances Control, upon
appropriation by the Legislature, to implement and enforce this
article, except as provided in Section 25192.
  SEC. 5.  Section 44272.3 is added to the Health and Safety Code, to
read:
   44272.3.  (a) It is the Legislature's intent that, to the maximum
extent feasible, loan moneys provided by the state to refiners of
biofuels, also known as biorefiners, be awarded so as to increase the
efficiency and environmental sustainability of biofuel production.
   (b) In order to reduce the carbon intensity equivalent value of
the fuel that biorefiners produce, biorefiners receiving loans from
the commission's California Ethanol Producer Incentive Program,
established under the authority of this chapter, shall meet all of
the following requirements:
   (1) Within six months of acceptance to the program, biorefiners
shall submit a draft plan to the commission that details one or more
projects that can be undertaken at the biorefinery that are designed
to achieve compliance with either of two biorefinery operational
enhancement goals established by the commission.
   (2) Within 12 months of acceptance to the program, biorefiners
shall submit a detailed cost estimate for their target projects that
can be undertaken at the biorefinery and that are designed to achieve
compliance with the commission's enhancement goals.
   (3) Within 24 months of acceptance to the program, biorefiners
shall complete and obtain all of the necessary permits or negative
declarations sufficient to allow the project to move forward with
financing, major equipment purchases, and hiring if project approval
is executed by the company's officers.
   (4) Within 36 months of acceptance to the program, biorefiners
shall obtain all of the necessary financing and initiate construction
for their project associated with their elected enhancement goal
pathway.
   (5) Within 48 months of acceptance to the program, biorefiners
shall complete all modifications to the facility and begin modified
operations that achieve compliance with either of the enhancement
goal pathways selected by the project applicant.
   (c) This section does not limit the commission's ability to set
more stringent guidelines for the California Ethanol Producer
Incentive Program that further maximize the efficiency and
environmental sustainability of biofuel production.
   (d) This section shall become inoperative on July 1, 2013, and, as
of January 1, 2014, is repealed, unless a later enacted statute,
that becomes operative on or before January 1, 2014, deletes or
extends the dates on which it becomes inoperative and is repealed.
  SEC. 5.5.  Section 44272.4 is added to the Health and Safety Code,
to read:
   44272.4.  Notwithstanding subdivision (d) of Section 44272.3, a
biorefiner receiving loan moneys from the state pursuant to an
appropriation made in the 2010-11 or 2011-12 fiscal year shall comply
with all conditions established pursuant to Section 44272.3 and
shall demonstrate that compliance to the commission.
  SEC. 6.  Section 44272.7 is added to the Health and Safety Code, to
read:
   44272.7.  (a) On or before March 15, 2011, and each January
thereafter concurrent with the submittal of the Governor's Budget,
the commission shall submit a draft investment plan, as developed in
accordance with Section 44272.5, for the upcoming fiscal year to the
Joint Legislative Budget Committee and all relevant policy and fiscal
committees of the Legislature.
   (b) Beginning with the investment plan for the 2012-13 fiscal
year, the commission shall submit the final investment plan for the
ensuing fiscal year, as developed in accordance with Section 44272.5,
to the Joint Legislative Budget Committee and all relevant policy
and fiscal committees of the Legislature each May concurrent with the
submittal of the Governor's May Revision to the budget.
   (c) Subsequent to the approval of the investment plan pursuant to
subdivision (c) of Section 44272.5, the commission shall, within 30
days, notify the Joint Legislative Budget Committee and all relevant
policy and fiscal committees of the Legislature if a significant
modification to the final investment plan is approved. For purposes
of this subdivision, "significant modification" means an augmentation
or reduction the value of which individually exceeds 50 percent of
the commission-approved allocation to an investment plan subcategory
or is at least two million dollars ($2,000,000). For other
modifications that do not meet this definition, the commission shall
notify the Joint Legislative Budget Committee and all relevant policy
and fiscal committees of the Legislature within 90 days, or at such
earlier time as the aggregate total of unreported modifications
equals five million dollars ($5,000,000) or more.
   (d) (1) It is the intent of the Legislature that the investment
plan, including periodic revisions to the plan, communicate the
commission's strategic vision and priorities with respect to the
development of alternative and renewable fuel and vehicle
technologies, and will provide an analytical rationale for all
proposed expenditures that aligns with the commission's broader
strategic goals for the program.
   (2) It is also the intent of the Legislature that the investment
plan highlight and explain the rationale for any year-over-year
changes to the commission's program strategy and priorities,
particularly with respect to specific technologies or policy
initiatives.
   (3) Additionally, it is the intent of the Legislature that
submission of the draft investment plan concurrent with the Governor'
s Budget, along with timely notification of significant modifications
to the investment plan thereafter, will improve legislative
oversight of the program and provide the Legislature with all of the
necessary information to fully understand how and why funds are to be
allocated and prioritized within the program.
  SEC. 7.  Section 3402.3 is added to the Public Resources Code, to
read:
   3402.3.  (a) Any increase by the department in the charge imposed
pursuant to Section 3402 for deposit into the Oil, Gas, and
Geothermal Administrative Fund for the purpose of completing workload
requested in the 2010 Budget Act related to the acceleration of the
remediation of orphaned oil facilities shall only be made for a
period of four years.
   (b) This section shall remain in effect only until July 1, 2015,
and as of that date is repealed, unless a later enacted statute, that
is enacted before July 1, 2015, deletes or extends that date.
  SEC. 8.  Section 4124 is added to the Public Resources Code, to
read:
   4124.  Not later than 120 days after the last date of each fiscal
quarter, the department shall report to the Joint Legislative Budget
Committee, in accordance with Section 9795 of the Government Code,
regarding emergency incidents funded entirely or in part from Item
3540-006-0001 of Section 2.00 of the annual Budget Act, commonly
referred to as the "emergency fund," or from a similar provision of
any future Budget Act that provides funds for emergency fire
suppression and detection costs and related emergency revegetation
costs, and for which the department administratively classifies these
funds as being expended from the emergency fund. The report shall
include all of the following:
   (a) For each incident that is estimated to cost more than five
million dollars ($5,000,000), as adjusted annually by the department
to account for inflation using the California Consumer Price Index
published by the Department of Industrial Relations, the report shall
include all of the following information, to the extent the
information is known by the department:
   (1) The administrative district or districts and the county or
counties in which the incident occurred, and whether the incident
occurred in a state responsibility area, local responsibility area,
federal responsibility area, or some combination of those areas.
   (2) A general description of the incident and the department's
response to the incident.
   (3) The total estimated cost of the incident, listed by
appropriate category, including, but not limited to, overtime,
additional staffing, inmate costs, travel, accommodations, air
support, and nonstate vendor costs.
   (4) The estimated costs charged to the emergency fund, listed by
appropriate category, including, but not limited to, overtime,
additional staffing, inmate costs, travel, accommodations, air
support, and nonstate vendor costs.
   (5) The number of personnel and equipment assigned to the
incident, including state resources, federal resources, and local
resources.
   (6) Whether the state's costs to respond to the incident are
eligible for reimbursement from the federal government or a local
government.
   (7) Whether the department had performed any fuel reduction,
vegetation management, controlled burns, or other fuel treatment in
the area of the incident that impacted either the course of the
incident or the department's response to the incident.
   (b) For each incident that is estimated to cost less than five
million dollars ($5,000,000), as adjusted annually by the department
to account for inflation using the California Consumer Price Index
published by the Department of Industrial Relations, the report shall
include a list of those incidents, specifying each incident's total
estimated cost and total estimated costs charged to the emergency
fund.
   (c) Information on any other costs paid in whole or in part from
the emergency fund.
  SEC. 9.  Section 4137 of the Public Resources Code is amended to
read:
   4137.  (a) For purposes of this section, "fire prevention
activities" include, but are not limited to, all of the following:
   (1) Fire prevention education.
   (2) Hazardous fuel reduction and vegetation management.
   (3) Fire investigation.
   (4) Civil cost recovery.
   (5) Forest and fire law enforcement.
   (6) Fire prevention engineering.
   (7) Prefire planning.
   (8) Risk analysis.
   (9) Volunteer programs and partnerships.
   (b) It is the intent of the Legislature that the year-round
staffing and the extension of the workweek that has been provided to
the department pursuant to memorandums of understanding with the
state will result in significant increases in the department's
current level of fire prevention activities. It is also the intent of
the Legislature that the budgetary augmentations for year-round
staffing not reduce the reimbursements that the department receives
from contracts with local governments for the department to provide
local fire protection and emergency services pursuant to Section
4144, commonly referred to as "Amador agreements." It is also the
intent of the Legislature that the department provide an annual Fire
Prevention Activities Report to keep the Legislature informed of the
efforts undertaken by the department to help mitigate both of the
following:
   (1) Overall fire risks and associated threats to life and safety.
   (2) State fire protection costs where feasible.
   (c) On or before January 10 of each year, the department shall
provide a report to the Legislature, including the budget and fiscal
committees of the Assembly and the Senate, in accordance with Section
9795 of the Government Code, detailing the department's fire
prevention activities, including the increased activities described
in subdivision (b). The report shall display the fire prevention
activities of the previous fiscal year, as well as the information
from previous reports for purposes of a comparison of data. The
report shall include all of the following:
   (1) Fire prevention activities performed by the department on
lands designated as state responsibility areas, and by counties,
where, pursuant to a contract with the department, a county has
agreed to provide fire protection services in state responsibility
areas within county boundaries on behalf of the department. The fire
prevention activities included in the report pursuant to this
paragraph shall include, but not be limited to, all of the following:

   (A) The number of hours of fire prevention education performed.
   (B) The number of defensible space inspections conducted,
including statewide totals and totals for each region.
   (C) The number of citations issued for noncompliance with Section
4291.
   (D) The number of acres treated by mechanical fuel reduction.
   (E) The number of acres treated by prescribed burns.
   (F) Any other data or qualitative information deemed necessary by
the department in order to provide the Legislature with a clear and
accurate accounting of fire prevention activities, particularly with
regard to variations from one year to the next.
   (2) The fire prevention performance measures described in
subparagraphs (A) to (F), inclusive, of paragraph (1) shall be
reported for each region annually, including activities performed
from December 15 to April 15, inclusive.
   (3) Projected fire prevention activities for the following fiscal
year.
   (4) Information on each of the "Amador contracts" described in
subdivision (b), including an annual update on the number of those
contracts and reimbursements received from the contracts that are in
effect.
  SEC. 10.  Section 4142 of the Public Resources Code is amended to
read:
   4142.  (a) The department, with the approval of the Department of
General Services, may enter into a cooperative agreement upon the
terms and under the conditions as it deems wise, for the purpose of
preventing and suppressing forest fires or other fires in any lands
within a county, city, or district that makes an appropriation for
that purpose.
   (b) Within 30 days of the final approval of a new or renewed
cooperative agreement, as described in this section, valued at five
million dollars ($5,000,000) or more, the department shall submit to
the relevant fiscal and policy committees of each house of the
Legislature, in accordance with Section 9795 of the Government Code,
a copy of the final agreement and a brief summary of the agreement
for purposes of highlighting information relevant to the Legislature'
s fiscal oversight of the agreement. The summary shall include, but
is not limited to, all of the following:
   (1) The value of the agreement.
   (2) The number of positions associated with the agreement.
   (3) Whether the agreement is new or a renewal.
   (4) Whether the agreement expands upon an existing agreement.
   (5) A brief discussion of the manner in which the agreement scored
on the department's evaluation criteria, and the degree to which the
agreement aligns with the department's base mission, as described in
Sections 713 and 714.
   (6) A brief discussion of any subjective factors that influenced
the director's decision.
   (c) When the state assumes personnel from a county, city, or
district, an actuarially determined benefit factor shall be included
as a cost in the cooperative agreement, including renewals of the
agreement, for a county, city, or district that elects to allow the
completed years an employee worked at that county, city, or district,
or a lesser number of completed years specified by the local agency,
to be credited towards the vesting period for state postretirement
health benefits. The department shall certify the completed years of
county, city, or district service to be credited to an employee to
the Board of Administration Public Employees' Retirement System at
the time of separation for retirement. The actuarially determined
benefit factor shall be accepted as sufficient by the Department of
Forestry and Fire Protection, upon review by the Department of
Finance, to fully compensate the state for the postretirement health
benefit costs of those employees. The postretirement health benefit
costs charged under this subdivision may be paid in periodic
installments at the discretion of the department. If the costs are
paid in installments, the payment of the postretirement health
benefit costs for years credited for nonstate service shall be a
continuing obligation of a county, city, or district that made that
election, regardless of whether or not the cooperative agreement
continues or is renewed, and regardless of whether or not the
employees continue in state service.
  SEC. 11.  Section 5016.2 is added to the Public Resources Code, to
read:
   5016.2.  (a) Notwithstanding any other law, the Department of
Parks and Recreation may enter into an agreement for the acquisition
of the "Freeman Property," as identified in subdivision (d). The
acquisition of the "Freeman Property" pursuant to this authorization
and identified in this map is exempt from the California
Environmental Quality Act (CEQA) (Division 13 (commencing with
Section 21000)).
   (b) The exemption under subdivision (a) does not apply to any
general plan that is required for the management of the "Freeman
Property," or any portion thereof, pursuant to Section 5002.2, or to
any subsequent project approved for the "Freeman Property," or any
portion thereof.
   (c) The acquisition of the "Freeman Property" by the department is
subject to all of the following conditions:
   (1) The boundary between the Anza-Borrego Desert State Park and
the Ocotillo Wells State Vehicular Recreation Area shall be in
substantial conformance to the dividing line among Sections 8, 9, 10,
11, 19, and 20, of Township 10 South, Range 09 East, S.B.B.M., as
identified on the map.
   (2) Sections 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 17, 18, 19, and 20,
of Township 10 South, Range 09 East, S.B.B.M., as identified on the
map above the dividing line, shall be annexed to the Anza-Borrego
Desert State Park upon completion of transfer of title to the
department.
   (3) Sections 9, 10, 11, 14, 15, 16, 19, 20, 21, 22, 23, 26, 27,
28, 29, 30, 31, 32, 33, 34, and 35, of Township 10 South, Range 09
East, S.B.B.M., as identified on the map below the dividing line,
shall be annexed to the Ocotillo Wells State Vehicular Recreation
Area upon completion of transfer of title to the department.
   (d) The following map describes the "Freeman Property." [GRAPHIC
INSERT HERE:  SEE PRINTED VERSION OF THE BILL]
  SEC. 12.  Section 14556 is added to the Public Resources Code, to
read:
   14556.  (a) Not less than once every three months, the department
shall provide to the Legislature pursuant to subdivision (b), at a
minimum, all of the following information for the current fiscal year
and the budget year:
   (1) An updated fund condition statement that includes the
revenues, transfers, and expenditures in to and out of the fund.
   (2) The recycling rate, by beverage container material type, that
is inferred using the revenues.
   (3) An explanation of significant changes to the fund condition
statement from the prior report and significant changes to the
methodology used for forecasting the fund condition statement.
   (4) Projected sales, which include all actual data available since
the last reporting period, by beverage container material type and
size, and actual or projected returns, which include all actual data
available since the last reporting period, by beverage container
material type, including an explanation in any case where the actual
returns are more than 100 percent of actual sales.
   (5) Projected handling fee payments, which include all actual data
available since the last reporting period, the per beverage
container handling fee amount, and the number of beverage containers
projected to be eligible for a handling fee payment.
   (6) Projected processing payments, which include all actual data
available since the last reporting period, by beverage container
material type, showing the total processing fee offsets, processing
fees, and processing payments for each type of beverage container
material.
   (7) Total grants awarded during the current fiscal year.
   (b) Notwithstanding Section 9795 of the Government Code, not less
than once every three months, the department shall provide a written
copy of the information required in subdivision (a) to the Joint
Legislative Budget Committee and to the appropriate policy and fiscal
committees of both houses of the Legislature and shall also post the
most recent information required in subdivision (a) on the
department's Internet Web site.
   (c) The department shall review the information included in the
fund condition statement frequently, but not less than once every
three months, to determine if adequate funds exist to pay the
disbursements required pursuant to this division and to make the
determinations required pursuant to subdivision (c) of Section 14581.

  SEC. 13.  Section 14560 of the Public Resources Code is amended to
read:
   14560.  (a) (1) Except as provided in paragraph (3), a beverage
distributor shall pay the department, for deposit into the fund, a
redemption payment of four cents ($0.04) for a beverage container
sold or offered for sale in this state by the distributor.
   (2) A beverage container with a capacity of 24 fluid ounces or
more shall be considered as two beverage containers for purposes of
redemption payments paid pursuant to paragraph (1).
   (3) The amount of the redemption payment and refund value for a
beverage container with a capacity of less than 24 fluid ounces sold
or offered for sale in this state by a dealer shall equal five cents
($0.05), and the amount of redemption payment and refund value for a
beverage container with a capacity of 24 fluid ounces or more shall
be ten cents ($0.10), if the aggregate recycling rate reported
pursuant to Section 14551 for all beverage containers subject to this
division is less than 75 percent for the 12-month reporting period
from January 1, 2006, to December 31, 2006, or for any calendar year
thereafter.
   (b) Except as provided in paragraph (3) of subdivision (a), a
beverage container sold or offered for sale in this state has a
refund value of four cents ($0.04) if the
                beverage container has a capacity of less than 24
fluid ounces and eight cents ($0.08) if the beverage container has a
capacity of 24 fluid ounces or more.
   (c) This section does not apply to a refillable beverage
container.
  SEC. 14.  Section 14581 of the Public Resources Code is amended to
read:
   14581.  (a) Subject to the availability of funds, and pursuant to
subdivision (c), the department shall expend the moneys set aside in
the fund, pursuant to subdivision (c) of Section 14580, for the
purposes of this section in the following manner:
   (1) For each fiscal year commencing July 1, 2008, the department
may expend the amount necessary to make the required handling fee
payment pursuant to Section 14585.
   (2) Fifteen million dollars ($15,000,000) shall be expended
annually for payments for curbside programs and neighborhood dropoff
programs pursuant to Section 14549.6.
   (3) (A) Fifteen million dollars ($15,000,000), plus the
proportional share of the cost-of-living adjustment, as provided in
subdivision (b), shall be expended annually in the form of grants for
beverage container litter reduction programs and recycling programs
issued to either of the following:
   (i) Certified community conservation corps that were in existence
on September 30, 1999, or that are formed subsequent to that date,
that are designated by a city or a city and county to perform litter
abatement, recycling, and related activities, if the city or the city
and county has a population, as determined by the most recent
census, of more than 250,000 persons.
   (ii) Community conservation corps that are designated by a county
to perform litter abatement, recycling, and related activities, and
are certified by the California Conservation Corps as having operated
for a minimum of two years and as meeting all other criteria of
Section 14507.5.
   (B) Any grants provided pursuant to this paragraph shall not
comprise more than 75 percent of the annual budget of a community
conservation corps.
   (C) For the 2009-10 fiscal year only, the eight million two
hundred fifty thousand dollars ($8,250,000) appropriated to the
California Conservation Corps for certified local conservation corps
by Item 3340-101-0133 of Sec. 2.00 of the 2009-10 Budget Act, as
added by Section 166 of Chapter 1 of the Fourth Extraordinary Session
of the Statutes of 2009, shall be in addition to the amounts
expended pursuant to paragraph (3).
   (4) (A) Ten million five hundred thousand dollars ($10,500,000)
may be expended annually for payments of five thousand dollars
($5,000) to cities and ten thousand dollars ($10,000) for payments to
counties for beverage container recycling and litter cleanup
activities, or the department may calculate the payments to counties
and cities on a per capita basis, and may pay whichever amount is
greater, for those activities.
   (B) Eligible activities for the use of these funds may include,
but are not necessarily limited to, support for new or existing
curbside recycling programs, neighborhood dropoff recycling programs,
public education promoting beverage container recycling, litter
prevention, and cleanup, cooperative regional efforts among two or
more cities or counties, or both, or other beverage container
recycling programs.
   (C) These funds shall not be used for activities unrelated to
beverage container recycling or litter reduction.
   (D) To receive these funds, a city, county, or city and county
shall fill out and return a funding request form to the department.
The form shall specify the beverage container recycling or litter
reduction activities for which the funds will be used.
   (E) The department shall annually prepare and distribute a funding
request form to each city, county, or city and county. The form
shall specify the amount of beverage container recycling and litter
cleanup funds for which the jurisdiction is eligible. The form shall
not exceed one double-sided page in length, and may be submitted
electronically. If a city, county, or city and county does not return
the funding request form within 90 days of receipt of the form from
the department, the city, county, or city and county is not eligible
to receive the funds for that funding cycle.
   (F) For the purposes of this paragraph, per capita population
shall be based on the population of the incorporated area of a city
or city and county and the unincorporated area of a county. The
department may withhold payment to any city, county, or city and
county that has prohibited the siting of a supermarket site, caused a
supermarket site to close its business, or adopted a land use policy
that restricts or prohibits the siting of a supermarket site within
its jurisdiction.
   (5) (A) One million five hundred thousand dollars ($1,500,000) may
be expended annually in the form of grants for beverage container
recycling and litter reduction programs.
   (B) Notwithstanding subdivision (f), the department shall not
expend funds pursuant to this paragraph for the 2010 and 2011
calendar years.
   (6) (A) The department shall expend the amount necessary to pay
the processing payment established pursuant to Section 14575. The
department shall establish separate processing fee accounts in the
fund for each beverage container material type for which a processing
payment and processing fee are calculated pursuant to Section 14575,
or for which a processing payment is calculated pursuant to Section
14575 and a voluntary artificial scrap value is calculated pursuant
to Section 14575.1, into which account shall be deposited both of the
following:
   (i) All amounts paid as processing fees for each beverage
container material type pursuant to Section 14575.
   (ii) Funds equal to the difference between the amount in clause
(i) and the amount of the processing payments established in
subdivision (b) of Section 14575, and adjusted pursuant to paragraph
(2) of subdivision (c) of, and subdivision (f) of, Section 14575, to
reduce the processing fee to the level provided in subdivision (e) of
Section 14575, or to reflect the agreement by a willing purchaser to
pay a voluntary artificial scrap value pursuant to Section 14575.1.
   (B) Notwithstanding Section 13340 of the Government Code, the
moneys in each processing fee account are hereby continuously
appropriated to the department for expenditure without regard to
fiscal years, for purposes of making processing payments pursuant to
Section 14575.
   (C) Notwithstanding the other provisions of this section and
Section 14575, for the 2010 and 2011 calendar years, the total amount
that the department may expend to reduce the amount of processing
fees for each container type shall not exceed the total amount
expended to reduce processing fees in the 2008 calendar year.
   (7) (A) Up to five million dollars ($5,000,000) may be annually
expended by the department for the purposes of undertaking a
statewide public education and information campaign aimed at
promoting increased recycling of beverage containers.
   (B) Notwithstanding subdivision (f), the department shall not
expend funds pursuant to this paragraph for the 2010 and 2011
calendar years.
   (8) Up to ten million dollars ($10,000,000) may be expended
annually by the department for quality incentive payments for empty
glass beverage containers pursuant to Section 14549.1.
   (9) Up to twenty million dollars ($20,000,000) may be expended
annually by the department, until January 1, 2012, to issue grants
for recycling market development and expansion-related activities
aimed at increasing the recycling of beverage containers.
Notwithstanding subdivision (f), the department shall not expend any
funds pursuant to this paragraph for the 2010 and 2011 calendar
years. The activities that may be funded include, but are not limited
to, the following:
   (A) Research and development of collecting, sorting, processing,
cleaning, or otherwise upgrading the market value of recycled
beverage containers.
   (B) Identification, development, and expansion of markets for
recycled beverage containers.
   (C) Research and development for products manufactured using
recycled beverage containers.
   (D) Research and development to provide high-quality materials
that are substantially free of contamination.
   (E) Payments to California manufacturers who recycle beverage
containers that are marked by resin type identification code "3," "4,"
"5," "6," or "7," pursuant to Section 18015.
   (10) Up to ten million dollars ($10,000,000) may be expended
annually by the department for market development payments for empty
plastic beverage containers pursuant to Section 14549.2, until
January 1, 2012.
   (11) (A) Up to twenty million dollars ($20,000,000) may be
expended from July 1, 2009, to January 1, 2012, inclusive, for either
of the following:
   (i) Grants for beverage container recycling and litter reduction
programs that emphasize the greatest and most effective collection of
beverage containers per dollar spent to ensure the program's
performance and accountability.
   (ii) Focused, regional community beverage container recycling and
litter reduction programs that enable the department to more
effectively organize the amount and type of resources needed for
regional and statewide efforts to increase recycling.
   (B) The department shall require, as a condition of receiving
grant funds pursuant to subparagraph (A), each grant recipient to
submit a final report including, but not limited to, the grant
recipient's reported volumes of beverage containers recycled, where
applicable.
   (C) On or before July 1, 2014, the department shall publish an
evaluation of all grants made pursuant to subparagraph (A). At a
minimum, the evaluation shall summarize each final report submitted
by each grantee pursuant to subparagraph (B) and assess whether the
grantee adequately met the scope and objectives outlined in the grant
agreement.
   (D) Notwithstanding subdivision (f), the department shall not
expend funds pursuant to this paragraph for the 2010 and 2011
calendar years.
   (b) The fifteen million dollars ($15,000,000) that is set aside
pursuant to paragraph (3) of subdivision (a) is a base amount that
the department shall adjust annually to reflect any increases or
decreases in the cost of living, as measured by the Department of
Labor, or a successor agency, of the federal government.
   (c) (1) If the department determines, pursuant to a review made
pursuant to Section 14556, that there may be inadequate funds to pay
the payments required by this division, the department shall
immediately notify the appropriate policy and fiscal committees of
the Legislature regarding the inadequacy.
   (2) On or before 180 days, but not less than 80 days, after the
notice is sent pursuant to paragraph (1), the department may reduce
or eliminate expenditures, or both, from the funds as necessary,
according to the procedure set forth in subdivision (d).
   (d) If the department determines that there are insufficient funds
to make the payments specified pursuant to this section and Section
14575, the department shall reduce all payments proportionally.
   (e) Prior to making an expenditure pursuant to paragraph (7) of
subdivision (a), the department shall convene an advisory committee
consisting of representatives of the beverage industry, beverage
container manufacturers, environmental organizations, the recycling
industry, nonprofit organizations, and retailers to advise the
department on the most cost-effective and efficient method of the
expenditure of the funds for that education and information campaign.

   (f) Subject to the availability of funds, the department shall
retroactively pay in full any payments provided in this section that
have been proportionally reduced during the period of January 1,
2010, through June 30, 2010.
  SEC. 15.  Section 25421 of the Public Resources Code is amended to
read:
   25421.  (a) Except as provided in subdivision (b), this chapter
shall remain in effect only until January 1, 2013, and as of that
date is repealed, unless a later enacted statute, which is enacted
before January 1, 2013, deletes or extends that date.
   (b) All loans outstanding as of January 1, 2013, shall continue to
be repaid on a semiannual basis, as specified in Section 25415,
until paid in full. All unexpended funds in the State Energy
Conservation Assistance Account on January 1, 2013, and thereafter,
except to the extent those funds are encumbered pursuant to Section
25417.5, shall revert to the General Fund.
  SEC. 16.  Section 25449.4 of the Public Resources Code is amended
to read:
   25449.4.  (a) Except as provided in subdivision (b), this chapter
shall remain in effect until January 1, 2016, and as of that date is
repealed, unless a later enacted statute which is enacted before
January 1, 2016, deletes or extends that date.
   (b) All loans outstanding as of January 1, 2016, shall continue to
be repaid in accordance with a schedule established by the
commission pursuant to Section 25442.7, until paid in full. All
unexpended funds in the Local Jurisdiction Energy Assistance Account
on January 1, 2016, and thereafter, except to the extent that those
funds are encumbered pursuant to Section 25443.5, shall be deposited
in the Federal Trust Fund and be available for the purposes for which
federal oil overcharge funds are available pursuant to court
judgment or federal agency order.
  SEC. 17.  Section 25461 of the Public Resources Code is amended to
read:
   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, including loan guarantees, loan loss reserves, and credit
enhancements, 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.
  SEC. 18.  Section 25464 is added to the Public Resources Code, to
read:
   25464.  (a) For purposes of this section, the following
definitions apply:
   (1) "Fund" means the Clean and Renewable Energy Business Financing
Revolving Loan Fund.
   (2) "Program" means the Clean and Renewable Energy Business
Financing Revolving Loan Program.
   (b) (1) The commission may use federal funds available pursuant to
this chapter to implement the Clean and Renewable Energy Business
Financing Revolving Loan Program to provide low interest loans to
California clean and renewable energy manufacturing businesses.
   (2) The commission may use other funding sources to leverage loans
awarded under the program.
   (c) The commission may work directly with the Business,
Transportation and Housing Agency, the Treasurer, or any other state
agency, board, commission, or authority to implement and administer
the program, and may contract for private services as needed to
implement the program.
   (d) The commission may collect an application fee from applicants
applying for funding under the program to help offset the costs of
administering the program.
   (e) (1) The Clean and Renewable Energy Business Financing
Revolving Loan Fund is hereby established in the State Treasury to
implement the program. The commission is authorized to administer the
fund for this purpose. Notwithstanding Section 13340 of the
Government Code, the money in the fund is continuously appropriated
to the commission, without regard to fiscal years, to implement the
program.
   (2) Upon direction by the commission, the Controller shall create
any accounts or subaccounts within the fund that the commission
determines are necessary to facilitate management of the fund.
   (3) The Controller shall disburse and receive moneys in the fund
for purposes of the program and as authorized by the commission.
   (4) All loans and repayments of loans made pursuant to this
section, including interest payments, penalty payments, and all
interest earning on or accruing to any moneys in the fund, shall be
deposited in the fund and shall be available for the purposes of this
section.
   (5) The commission may expend up to 5 percent of moneys in the
fund for its administrative costs to implement the program.
   (f) Federal funds available to the commission pursuant to this
chapter shall be transferred to the fund in the loan amounts when
loans are awarded under the program by the commission.
  SEC. 19.  Section 25806 of the Public Resources Code is amended to
read:
   25806.  (a) A person who submits to the commission an application
for certification for a proposed generating facility shall submit
with the application a fee of two hundred fifty thousand dollars
($250,000) plus five hundred dollars ($500) per megawatt of gross
generating capacity of the proposed facility. The total fee
accompanying an application shall not exceed seven hundred fifty
thousand dollars ($750,000).
   (b) A person who receives certification of a proposed generating
facility shall pay an annual fee of twenty-five thousand dollars
($25,000). For a facility certified on or after January 1, 2004, the
first payment of the annual fee is due on the date the commission
adopts the final decision. All subsequent payments are due by July 1
of each year in which the facility retains its certification. The
fiscal year for the annual fee is July 1 to June 30, inclusive.
   (c) The fees in subdivisions (a) and (b) shall be adjusted
annually to reflect the percentage change in the Implicit Price
Deflator for State and Local Government Purchases of Goods and
Services, as published by the United States Department of Commerce.
   (d) The Energy Facility License and Compliance Fund is hereby
created in the State Treasury. All fees received by the commission
pursuant to this section shall be remitted to the Treasurer for
deposit in the fund. The money in the fund shall be expended, upon
appropriation by the Legislature, for processing applications for
certification and for compliance monitoring.
   (e) (1) On or before July 1, 2012, the commission shall report to
the Joint Legislative Budget Committee and to the appropriate fiscal
and policy committees of each house of the Legislature on the fiscal
and programmatic impact of the changes made to this section by the
act of the 2009-10 Regular Session of the Legislature amending this
section.
   (2) The requirement for submitting a report imposed under
paragraph (1) is inoperative on July 1, 2016, pursuant to Section
10231.5 of the Government Code.
   (3) A report required to be submitted pursuant to paragraph (1)
shall be submitted in compliance with Section 9795 of the Government
Code.
  SEC. 20.  Section 48004 of the Public Resources Code is amended to
read:
   48004.  (a) The money in the account shall be used by the
Department of Resources Recycling and Recovery, upon appropriation by
the Legislature, for the following purposes:
   (1) The administration and implementation of this division by the
Department of Resources Recycling and Recovery.
   (2) The state water board's and regional water boards'
administration and implementation of Division 7 (commencing with
Section 13000) of the Water Code at solid waste disposal sites.
   (b) It is the intent of the Legislature that an amount that is
sufficient to fund state water board and regional water board
regulatory activities for solid waste landfills be appropriated from
the account by the Legislature in the annual Budget Act. Those
persons who are required to pay the fee imposed pursuant to Section
48000 shall not be required to pay the annual fee imposed pursuant to
subdivision (d) of Section 13260 of the Water Code with regard to
the same discharge if the requirements for the waiver of that fee set
forth in paragraph (3) of subdivision (d) of Section 13260 of the
Water Code are met.
   (c) Notwithstanding subdivisions (a) and (b), if the fee
established pursuant to Section 48000 does not generate revenues
sufficient to fund the programs specified in this section, or if the
amount appropriated by the Legislature for these purposes is reduced,
those reductions shall be equally and proportionally distributed
between funding for the solid waste programs of the state water board
and the regional water boards and the Department of Resources
Recycling and Recovery.
  SEC. 21.  The Legislature finds and declares the following:
   (a) Maintenance of the Environmental Education Account in the
State Treasury, established pursuant to Section 71305 of the Public
Resources Code, is of the utmost importance to the state and any
moneys in the account should be used solely for statewide
environmental education, as prescribed in Part 4 (commencing with
Section 71300) of Division 34 of the Public Resources Code.
   (b) State agencies that promote environmental education for
elementary and secondary school pupils will benefit from the
environmental curriculum adopted pursuant to Part 4 (commencing with
Section 71300) of Division 34 of the Public Resources Code, which
provides equitable and balanced support for environmental education
programs.
  SEC. 22.  Section 71305 of the Public Resources Code is amended to
read:
   71305.  (a) The Environmental Education Account is hereby
established within the State Treasury. Moneys in the account may,
upon appropriation by the Legislature, be expended by the California
Environmental Protection Agency for the purposes of this part. The
Secretary for Environmental Protection shall administer this part,
including, but not limited to, the account.
   (b) Notwithstanding any other law to the contrary, the agency may
accept and receive federal, state, and local funds and contributions
of funds from a public or private organization or individual. The
account may also receive proceeds from a judgment in state or federal
court, when the funds are contributed or the judgment specifies that
the proceeds are to be used for the purposes of this part. The
account may receive those funds, contributions, or proceeds from
judgments, that are specifically designated for use for environmental
education purposes. The agency may enter into an agreement with an
external fiscal agent for the receipt of those contributions for use
for the purposes of this part. Private contributors shall not have
the authority to further influence or direct the use of their
contributions, regardless of whether their contributions are made
directly to the agency or to an external fiscal agent.
   (c) (1) For purposes of this section, an "external fiscal agent"
means an independent nonprofit organization that may receive and
retain contributions from a private organization or individual, or
both, intended to support the purposes of this part. The external
fiscal agent shall retain all contributions for the purposes of this
part in a single account, without regard to the origin of those
contributions, and shall not expend any moneys from the account,
except at the direction of the Secretary for Environmental
Protection. The external fiscal agent shall be required to enter into
a contract with the Secretary for Environmental Protection, which
shall prescribe procedures for the expenditure of contributions made
for the purposes of this part.
   (2) (A) All donations received by the fiscal agent shall be
reviewed by the Secretary for Environmental Protection and the
Department of Finance to ensure the donations and gifts are
consistent with state law and policies regarding the receipt of gifts
to the state and the purposes for which those gifts are intended.
   (B) Terms and conditions, including the purposes for which the
donations shall be expended, of the contract entered into between the
state and the fiscal agent shall be subject to review by the
Department of Finance.
   (C) The Department of Finance shall review the proposed contract
within 45 business days of receiving a complete contract, including
all exhibits and related supporting documents.
   (3) (A) The external fiscal agent shall maintain separate bank or
savings and loan association accounts to account for any money under
its control, and shall follow the same approval procedures and
reporting requirements as apply to any account outside the State
Treasury, as may be prescribed in the State Administrative Manual,
including all year-end accounting reporting requirements.
   (B) Any bank or investment interest earned by the fiscal agent
resulting from donations received by the fiscal agent pursuant to
this section shall be remitted to the state for the purposes of the
Education and the Environment Initiative program.
   (4) Notwithstanding Section 10231.5 of the Government Code, the
agency shall report, pursuant to the requirements in Section 9795 of
the Government Code, to the Joint Legislative Budget Committee and
the relevant fiscal and policy committees of each house of the
Legislature no later than January 10, 2011, and annually thereafter
on the condition of the account described in paragraph (1), including
expenditures, if any, from the account in the prior fiscal year and
anticipated expenditures in the current and upcoming fiscal year. The
agency shall submit an update to the report, to the required
entities, containing any revisions or updates to the condition of the
account or the anticipated expenditures therefrom, no later than May
15, 2011, and annually thereafter.
   (d) Notwithstanding any other law, a state agency that requires
the development of, or encourages the promotion of, environmental
education for elementary and secondary school pupils, may contribute
to the account.
   (e) The agency shall immediately deposit any funds contributed
pursuant to subdivision (b) into the account.
   (f) The Legislature finds and declares that the maintenance of the
account is of the utmost importance to the state and that it is
essential that any moneys in the account be used solely for the
purposes authorized in this section and not be used, loaned, or
transferred for any other purposes. State agencies that promote
environmental education for elementary and secondary school pupils
will benefit from the environmental curriculum adopted pursuant to
this part and should provide equitable and balanced support for the
program.
                                                       (g) This
section shall remain in effect only until January 1, 2013, and as of
that date is repealed, unless a later enacted statute, which is
enacted before January 1, 2013, deletes or extends that date.
  SEC. 23.  Section 71305 is added to the Public Resources Code, to
read:
   71305.  (a) The Environmental Education Account is hereby
established within the State Treasury. Moneys in the account may,
upon appropriation by the Legislature, be expended by the California
Environmental Protection Agency for the purposes of this part. The
Secretary for Environmental Protection shall administer this part,
including, but not limited to, the account.
   (b) Notwithstanding any other law to the contrary, the agency may
accept and receive federal, state, and local funds and contributions
of funds from a public or private organization or individual. The
account may also receive proceeds from a judgment in state or federal
court, when the funds are contributed or the judgment specifies that
the proceeds are to be used for the purposes of this part. The
account may receive those funds, contributions, or proceeds from
judgments, that are specifically designated for use for environmental
education purposes. Private contributors shall not have the
authority to further influence or direct the use of their
contributions.
   (c) Notwithstanding any other law, a state agency that requires
the development of, or encourages the promotion of, environmental
education for elementary and secondary school pupils, may contribute
to the account.
   (d) The agency shall immediately deposit any funds contributed
pursuant to subdivision (b) into the account.
   (e) The Legislature finds and declares that the maintenance of the
account is of the utmost importance to the state and that it is
essential that any moneys in the account be used solely for the
purposes authorized in this section and not be used, loaned, or
transferred for any other purposes. Further, state agencies that
promote environmental education for elementary and secondary school
pupils will benefit from the environmental curriculum adopted
pursuant to this part and should provide equitable and balanced
support for the program.
   (f) This section shall become operative on January 1, 2013.
  SEC. 24.  Section 13628.5 is added to the Water Code, to read:
   13628.5.  (a) The Wastewater Operator Certification Fund is hereby
created in the State Treasury.
   (b) Beginning July 1, 2010, the fees collected pursuant to Section
13627.5 or 13628 shall be deposited in the Wastewater Operator
Certification Fund.
   (c) The state board may expend the moneys in the Wastewater
Operator Certification Fund, upon appropriation by the Legislature,
for purposes of administering this chapter.
  SEC. 25.  Section 85214 is added to the Water Code, to read:
   85214.  (a) It is the intent of the Legislature to avoid any
actual or apparent conflict of interest with respect to contracts
entered into by the council for work relating to the Delta Plan and
the Bay Delta Conservation Plan.
   (b) Therefore, it is the intent of the Legislature that any
contract entered into by the council for purposes of developing the
Delta Plan should include provisions ensuring the independence of the
contractor's work on the Delta Plan with respect to any work that
the contractor may do, or may have completed, related to the Bay
Delta Conservation Plan.
  SEC. 26.  Section 1 of Chapter 384 of the Statutes of 2009 is
amended to read:
  Section 1.  It is the intent of the Legislature in enacting this
act to ensure that the public is provided all of the information
relied on by State Air Resources Board staff in proposing the
adoption, amendment, or repeal of a regulation, including all
information related to, but not limited to, air emissions, public
health impacts, and economic impacts. Nothing in this act is intended
to supersede the provisions of the California Public Records Act
(Chapter 3.5 (commencing with Section 6250) of Division 7 of Title 1
of the Government Code) or the Administrative Procedure Act (Chapter
3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title
2 of the Government Code).
  SEC. 27.  (a) It is the intent of the Legislature that a zero-based
budget for programs and expenditures related to water and ecosystem
restoration activities in the Sacramento-San Joaquin Delta will
enable the Legislature to better understand the overall size of the
state's investment in the Sacramento-San Joaquin Delta and how funds
are being allocated and prioritized for particular programs and
functions.
   (b) (1) On or before April 1, 2011, the Governor shall submit to
the Legislature a report on the budget for the 2011-12 fiscal year
for all state agency programs that implement water and ecosystem
restoration activities in the Sacramento-San Joaquin Delta, including
activities related to the CALFED Bay-Delta Program, using a
zero-based budget methodology.
   (2) The budget submitted pursuant to this subdivision shall
complement the budget display for the CALFED Bay-Delta Program budget
annually submitted by the Governor in conjunction with the budget,
and shall show all state agency expenditures that implement water and
ecosystem restoration activities in the Sacramento-San Joaquin
Delta. All state expenditures reported in the budget for the CALFED
Bay-Delta Program for the 2011-12 fiscal year shall be reported using
a zero-based budget methodology, regardless of whether the
appropriation authority is continuous or on an annual basis.
   (c) As used in the section, "zero-based budget methodology" means
determining a budget by starting with a base of zero dollars ($0) and
adding dollar amounts necessary to conduct specific activities and
operations. A zero-based budget shall set forth all of the following:

   (1) Each activity performed for which an appropriation is made or
is requested.
   (2) The legal basis for performing the activity.
   (3) An itemized justification for the amount requested to perform
the activity.
  SEC. 28.  (a) (1) No later than March 1, 2011, the State Water
Resources Control Board shall submit to the budget committees in each
house of the Legislature an analysis and report, pursuant to Section
9795 of the Government Code, on the costs of regulating water
quality at active landfills.
   (2) The requirement for submitting a report imposed under this
subdivision is inoperative on January 1, 2015, pursuant to Section
10231.5 of the Government Code.
   (b) It is the intent of the Legislature to avoid any unnecessary
adverse effects to permittees resulting from the cessation of the fee
waiver granted pursuant to paragraph (3) of subdivision (d) of
Section 13260 of the Water Code. In order to maximize the permittee's
ability to prepare to pay the assessment of the Waste Discharge Fee,
the State Water Resources Control Board shall, on a one-time basis,
bill permittees in the second half of the 2010-11 fiscal year for the
entire fiscal year.
  SEC. 29.  (a) On or before July 1, 2013, the State Water Resources
Control Board shall prepare, publish on its Internet Web site, and
submit to the Joint Legislative Budget Committee, a report on the
effectiveness of directly contracting with environmental consultants
to prepare documents required pursuant to Division 13 (commencing
with Section 21000) of the Public Resources Code and the
effectiveness of recovering the costs of preparing those documents
from water rights applicants and petitioners. The report shall
include information on the number and types of documents completed,
the effects of directly contracting with environmental consultants on
application and petition processing times, staff resources devoted
to the direct contracting program, and the effectiveness of obtaining
reimbursement from water rights applicants and petitioners.
   (b) Pursuant to Section 10231.5 of the Government Code, this
section is repealed on January 1, 2015.
  SEC. 30.  (a) The sum of two hundred fifty million dollars
($250,000,000) appropriated to the Department of Water Resources by
subdivision (a) of Section 8 of Chapter 2 of the Seventh
Extraordinary Session of the Statutes of 2009 is hereby reverted to
the Safe Drinking Water, Water Quality and Supply, Flood Control,
River and Coastal Protection Fund of 2006.
   (b) The sum of thirty-two million dollars ($32,000,000)
appropriated to the Department of Water Resources by subdivision (b)
of Section 8 of Chapter 2 of the Seventh Extraordinary Session of the
Statutes of 2009 is hereby reverted to the Safe Drinking Water,
Water Quality and Supply, Flood Control, River and Coastal Protection
Fund of 2006.
   (c) The sum of one hundred seventy million dollars ($170,000,000)
appropriated to the Department of Water Resources pursuant
subdivision (c) of Section 8 of Chapter 2 of the Seventh
Extraordinary Session of the Statutes of 2009 is hereby reverted to
the Disaster Preparedness and Flood Prevention Bond Fund of 2006.
   (d) The sum of seventy million dollars ($70,000,000) appropriated
to the Department of Water Resources pursuant subdivision (d) of
Section 8 of Chapter 2 of the Seventh Extraordinary Session of the
Statutes of 2009 is hereby reverted to the Disaster Preparedness and
Flood Prevention Bond Fund of 2006.
  SEC. 31.  The sum of five hundred twenty-two million dollars
($522,000,000) is hereby appropriated as follows:
   (a) (1) One hundred seventy million dollars ($170,000,000) from
the funds made available by, and consistent with, Section 5096.821 of
the Public Resources Code to the Department of Water Resources for
flood protection projects that improve the sustainability of the
Sacramento-San Joaquin Delta, including, but not limited to, projects
that reduce the risk of levee failure that would jeopardize water
conveyance.
   (2) The funds appropriated pursuant to paragraph (1) also may be
expended by the Department of Water Resources for both of the
following purposes, consistent with Section 5096.821 of the Public
Resources Code:
   (A) Local assistance under the delta levee maintenance subventions
program pursuant to Part 9 (commencing with Section 12980) of
Division 6 of the Water Code.
   (B) Special flood protection projects under Chapter 2 (commencing
with Section 12310) of Part 4.8 of Division 6 of the Water Code.
   (b) Seventy million dollars ($70,000,000) from the funds made
available by, and consistent with, Section 5096.827 of the Public
Resources Code to the Department of Water Resources for grants for
stormwater flood management projects. Not less than fifteen million
dollars ($15,000,000) shall be available for grants consistent with a
stormwater resource plan developed pursuant to Part 2.3 (commencing
with Section 10560) of Division 6 of the Water Code, or an integrated
regional water management plan that includes the stormwater
resources plan requirements specified in Section 10562 of the Water
Code.
   (c) (1) Two hundred fifty million dollars ($250,000,000) from the
funds made available by, and consistent with, Section 75026 of the
Public Resources Code to the Department of Water Resources for grants
and expenditures for programs and projects that implement integrated
regional water management plans. In areas that receive water
supplied from the Sacramento-San Joaquin Delta, eligible programs and
projects shall be components of an integrated regional water
management plan that will help reduce dependence on the
Sacramento-San Joaquin Delta for water supply. Grants shall be
available only for a project included in an integrated regional water
management plan that meets either of the following conditions:
   (A) The integrated regional water management plan complies with
Part 2.2 (commencing with Section 10530) of Division 6 of the Water
Code.
   (B) If the integrated regional water management plan was adopted
before September 30, 2008, the regional water management group that
prepared the plan entered into a binding agreement with the
Department of Water Resources to update the plan to comply with Part
2.2 (commencing with Section 10530) of Division 6 of the Water Code
within two years and to undertake all reasonable and feasible efforts
to take into account the water-related needs of disadvantaged
communities in the area within the boundaries of the plan.
   (2) At least 10 percent of the funds appropriated by this
subdivision shall be available to facilitate and support the
participation of disadvantaged communities in integrated regional
water management planning and for projects that address critical
water supply or water quality needs for disadvantaged communities.
   (d) (1) Thirty-two million dollars ($32,000,000) from the funds
made available by, and consistent with, Section 75033 of the Public
Resources Code to the Department of Water Resources for flood control
projects in the Sacramento-San Joaquin Delta designed to reduce the
potential for levee failures, including, but not limited to, projects
that reduce the risk of levee failure that would jeopardize water
conveyance.
   (2) The funds appropriated pursuant to paragraph (1) also may be
expended by the Department of Water Resources for both of the
following purposes, consistent with Section 75033 of the Public
Resources Code:
   (A) Local assistance under the delta levee maintenance subventions
program pursuant to Part 9 (commencing with Section 12980) of
Division 6 of the Water Code.
   (B) Special flood protection projects under Chapter 2 (commencing
with Section 12310) of Part 4.8 of Division 6 of the Water Code.
  SEC. 32.  The Department of Water Resources shall give preference,
as a statewide priority for purposes of paragraph (5) of subdivision
(b) of Section 75026 of the Public Resources Code, when making grants
for integrated regional water management planning from the funds
made available in clause (ii) of subparagraph (A) of paragraph (3) of
subdivision (b) of Section 83002 of the Water Code, to proposals
that include actions designed to integrate the stormwater resource
plan requirements specified in Section 10562 of the Water Code into
an integrated regional water management plan.
  SEC. 33.  (a) It is the intent of the Legislature that a zero-based
budget for California Global Warming Solutions Act of 2006 programs
and expenditures will enable the Legislature to better understand the
overall size of these programs and expenditures, the manner in which
funds are being allocated and prioritized for particular programs
and functions, and the manner in which the proposed expenditures will
further the goals and objectives of the California Global Warming
Solutions Act of 2006.
   (b) On or before April 1, 2011, the Governor shall submit to the
Legislature a report on the budget for the 2011-12 fiscal year for
all state agency programs that implement, or directly further the
goals of, the California Global Warming Solutions Act of 2006
(Division 25.5 (commencing with Section 38500) of the Health and
Safety Code) using a zero-based budget methodology.
   (c) As used in the section, "zero-based budget methodology" means
determining a budget by starting with a base of zero dollars ($0) and
adding dollar amounts necessary to conduct specific activities and
operations. A zero-based budget shall set forth all of the following:

   (1) Each activity performed for which an appropriation is made or
is requested.
   (2) The legal basis for performing the activity.
   (3) An itemized justification for the amount requested to perform
the activity.
  SEC. 34.  (a) On or before January 1, 2012, the Department of
Forestry and Fire Protection shall report to the Joint Legislative
Budget Committee on the steps taken by the Office of the State Fire
Marshal to improve fire and panic safety with respect to green
building standards. The report also shall describe all steps taken by
the Office of the State Fire Marshal to better coordinate work on
green building standards code development with the California
Building Standards Commission and the Department of Housing and
Community Development.
   (b) (1) The requirement for submitting a report imposed under
subdivision (a) is inoperative on January 1, 2016, pursuant to
Section 10231.5 of the Government Code.
   (2) A report to be submitted pursuant to subdivision (a) shall be
submitted in compliance with Section 9795 of the Government Code.
  SEC. 35.  (a) The Department of Conservation shall report to the
Legislature on the Underground Injection Control Program under the
Division of Oil, Gas, and Geothermal Resources. The report shall be
delivered to the fiscal and relevant policy committees of each house
by January 30, 2011, and annually thereafter, and shall include, but
is not limited to, all of the following:
   (1) The number of underground injection permits issued by the
department.
   (2) The average length of time to obtain a permit from date of
application to the date of issuance.
   (3) The number and description of permit violations identified.
   (4) The number of enforcement actions taken.
   (5) The number of staff and vacancies in the program.
   (6) Any state or federal legislation, administrative, or
rulemaking changes to the program.
   (7) The program's assessment findings.
   (b) By January 30, 2012, and annually thereafter, the department
shall report to the Legislature on its Underground Injection Control
Program's action plan developed to address the program's assessment
findings and its existing efforts to implement the plan and shall
deliver that report to the fiscal and relevant policy committees of
each house.
   (c) The reports required pursuant to subdivisions (a) and (b)
shall be in compliance with Section 9795 of the Government Code.
   (d) This section shall become inoperative on March 1, 2015, and,
as of January 1, 2016, is repealed, unless a later enacted statute
that is enacted before January 1, 2016, deletes or extends the dates
on which it becomes inoperative and is repealed.
  SEC. 36.  (a) The Governor shall include as part of the submission
to the Legislature of the budget for the 2011-12 fiscal year, as
required by Section 12 of Article IV of the California Constitution,
a zero-based 2011-12 fiscal year budget for all activities that were
supported from the Department of Forestry and Fire Protection's
emergency fund in the 2009-10 fiscal year that were subsequently
shifted to support from the department's main budget item in the
2010-11 fiscal year.
   (b) It is the Legislature's intent that a zero-based budget should
justify all ongoing state expenditures proposed for the support of
four, rather than three, persons on an engine, defensible space
inspections, aviation, Tahoe stations, support costs, and the San
Bernardino Very Large Air Tanker.
   (c) As used in this section, "zero-based budget" means determining
a budget by starting with a base of zero dollars ($0) and adding
dollar amounts necessary to conduct specific activities and
operations. A zero-based budget sets forth all of the following:
   (1) Each activity performed for which an appropriation is made or
requested.
   (2) The legal basis for performing the activity.
   (3) An itemized justification for the amount requested to perform
the activity.
  SEC. 37.  This act is an urgency statute necessary for the
immediate preservation of the public peace, health, or safety within
the meaning of Article IV of the Constitution and shall go into
immediate effect. The facts constituting the necessity are:
   In order to implement the Budget Act of 2010 as quickly as
possible, it is necessary that this act take immediate effect.