BILL NUMBER: AB 1478 AMENDED
BILL TEXT
AMENDED IN SENATE JUNE 25, 2012
INTRODUCED BY Committee on Budget (Blumenfield (Chair), Alejo,
Bonilla, Brownley, Buchanan, Butler, Cedillo, Chesbro, Dickinson,
Feuer, Gordon, Huffman, Mitchell, Monning, and Swanson)
JANUARY 10, 2012
An act relating to the Budget Act of 2012.
An act to amend Sections 17210, 19970, 100010, 100115, and 100125 of
the Education Code, to amend Section 5653.1 of, to add Section 2948
to, and to repeal Article 2 (commencing with Section 2940) of Chapter
13 of Division 3 of, the Fish and Game Code, to amend Sections
33222, 33223, 33225, 33251, 33252, 33253, 33257, 33291, 33292, 35221,
and 35231 of, and to repeal and add Section 33294 of, the Food and
Agricultural Code, to amend Section 65962.5 of, to repeal Sections
14669.13 and 15819.05 of, to add Article 9.7 (commencing with Section
16428.8) to Chapter 2 of Part 2 of Division 4 of Title 2 of, and to
add Chapter 5 (commencing with Section 12894) to Part 2.5 of Division
3 of Title 2 of, the Government Code, to amend Sections
25173.6, 25173.7, 25174, 25185.5, 25200.14, 25201.6, 25202.5,
25244.12, 25244.13, 25244.14, 25244.15, 25244.15.1, 25244.16,
25244.17, 25244.17.1, 25244.17.2, 25244.18, 25244.19, 25244.20,
25244.21, 25244.22, 25244.23, 25269.2, 25299.50.3, 25299.81, 25390.7,
25395.30, 25395.99, 25395.119, 25404, 44299.91, 44392, and 106615
of, to amend the heading of Article 11.9 (commencing with Section
25244.12) of Chapter 6.5 of Division 20 of, to add Sections 25114.5,
25244.01, and 25244.13.1 to, to add Article 11.1 (commencing with
Section 25220) to Chapter 6.5 of Division 20 of, to add Chapter 6.86
(commencing with Section 25396) to Division 20 of, to repeal Sections
25117.3, 25117.4, 25149.3, 25244.24, 25356.2, 25356.3, 25356.4,
25356.5, 25356.6, 25356.7, 25356.8, 25356.9, 25356.10, 57009, and
58004.5 of, to repeal Article 11 (commencing with Section 25220) of
Chapter 6.5 of, to repeal Article 6.5 (commencing with Section 25369)
of Chapter 6.8 of, to repeal Article 8 (commencing with Section
25395.1) of Chapter 6.8 of, to repeal Chapter 6.85
(commencing with Section 25396) of, to repeal Chapter 6.10
(commencing with Section 25401) of, and to repeal Chapter 6.98
(commencing with Section 25570) of, Division 20 of, the Health and
Safety Code, to amend Sections 3258, 5096.255, 5930, 14574, 21155.1,
21159.21, 25740.5, 25744.5, 25746, 25751, 32605, 42474, 42649.2, and
71300 of, to add Sections 5010.6.5, and 5010.7 to, to add Chapter 8.1
(commencing with Section 25710) to Division 15 of, to add and repeal
Section 5010.6 of, and to repeal Sections 25742, 25743,
25744, and 25748 of, the Public Resources Code, to amend
Section 2851 of, and to add Section 748.5 to, the Public Utilities
Code, to amend Section 5155 of, and to add Section 5161 to, the
Vehicle Code, to amend Sections 175.5, 13201, 13202,
13207, 13388, and 13860 of, and to add Sections 147.5 and 11913.1 to,
the Water Code, to amend Section 17645.40 of the 1992 School
Facilities Bond Act (Section 34 of Chapter 552 of the Statutes of
1995), to amend Section 17660.40 of the 1990 School Facilities Bond
Act (Section 34 of Chapter 552 of the Statutes of 1995), and to amend
Section 17698.20 of the 1988 School Facilities Bond Act (Section 34
of Chapter 552 of the Statutes of 1995), relating to public
resources, and making an appropriation therefor, to take effect
immediately, bill related to the budget.
LEGISLATIVE COUNSEL'S DIGEST
AB 1478, as amended, Committee on Budget. Budget Act of
2012. Public resources.
(1) Existing law establishes the Office of Education and the
Environment in the California Environmental Protection Agency to
implement the statewide environmental educational program and, in
cooperation with the State Department of Education and the State
Board of Education, develop and implement a unified education
strategy on the environment for elementary and secondary schools in
the state.
This bill would establish the office in the Department of
Resources Recycling and Recovery instead and make conforming changes.
(2) An existing provision of the California Constitution
authorizes the Legislature, at any time after the approval by the
voters of a law authorizing the issuance of bonded indebtedness, to
reduce the amount of the indebtedness authorized by the law to an
amount not less than the amount contracted at the time of the
reduction.
This bill would reduce, by prescribed amounts, the amount of
bonded indebtedness authorized in the California Library Construction
and Renovation Bond Act of 1988, the Public Education Facilities
Bond Act of 1996, the California Park and Recreational Facilities Act
of 1984, the California Wildlife, Coastal, and Park Land
Conservation Act of 1988, the California Safe Drinking Water Bond Law
of 1976, the 1992 School Facilities Bond Act, the 1990 School
Facilities Bond Act, and the 1988 School Facilities Bond Act.
(3) The California Environmental Quality Act (CEQA) requires a
lead agency, as defined, to prepare, or cause to be prepared by
contract, and certify the completion of, an environmental impact
report on a project, as defined, that it proposes to carry out or
approve that may have a significant effect on the environment, or to
adopt a negative declaration if it finds that the project will not
have that effect. CEQA exempts from its provisions, among other
things, certain types of ministerial projects proposed to be carried
out or approved by public agencies, and emergency repairs to public
service facilities necessary to maintain service.
Existing law designates the issuance of permits to operate vacuum
or suction dredge equipment by the Department of Fish and Game to be
a project under CEQA, and suspends the issuance of those permits
until the department has completed a court-ordered environmental
impact report for the project, as specified. Existing law prohibits
the use of any vacuum or suction dredge equipment in any river,
stream, or lake, for instream mining purposes, until the earlier of
the following dates: June 30, 2016, or when the Director of Fish and
Game makes a prescribed certification to the Secretary of State,
including certifying that new regulations fully mitigate all
identified significant environmental impacts and that a fee structure
is in place that will fully cover all costs to the department
related to the administration of the program.
This bill would repeal the June 30, 2016 date, and, instead, make
the moratorium operative until the director makes that certification
to the secretary. The bill would, in order to facilitate the making
of that certification, require the department to consult with other
agencies as it determines to be necessary, and, on or before April 1,
2013, prepare and submit to the Legislature a report with
recommendations on statutory changes or authorizations necessary to
develop the required suction dredge regulations, including, but not
limited to, recommendations relating to the mitigation of all
identified significant environmental impacts and a fee structure that
will fully cover all program costs.
(4) Existing law establishes the Salton Sea Restoration Council as
a state agency in the Natural Resources Agency to oversee the
restoration of the Salton Sea.
This bill would, on January 1, 2013, eliminate the council.
(5) Existing law, the Milk and Milk Products Act of 1947,
regulates the production of milk and milk products in this state and
requires a permit from the Secretary of Food and Agriculture or from
the approved milk inspection service maintained by the county
designated by the secretary for each dairy farm in order to engage in
the business of producing market milk, as defined. Existing law
authorizes inspection fees to be levied by the county or, where there
is no approved milk inspection service for the county, the
secretary. A violation of any provision regulating the production of
milk or milk products is a crime.
This bill would expand the permitting and inspection fee
requirements to persons engaged in the business of producing
manufacturing milk, as provided. The bill would revise the method
under which the secretary assesses inspection fees, require the money
collected to be placed into the Department of Food and Agriculture
Fund, which may be expended upon appropriation by the Legislature,
and require the secretary to establish plan review fees for sanitary
design and construction review activities relating to dairy farms.
Because this bill would expand the scope of a crime, it would create
a state-mandated local program.
(6) Existing law requires a license from the secretary for each
separate milk products plant or place of business dealing in,
receiving, manufacturing, freezing, or processing milk, or any milk
product, or manufacturing, freezing, or processing imitation ice
cream or imitation ice milk.
This bill would raise the license fees for semifrozen milk product
plants, limited manufacturing permits issued to hotels, restaurants,
or boardinghouses, and butter testers, samplers and weighers,
technicians, pasteurizers, and graders. The bill would also include
related legislative findings.
(7) Existing law authorizes the Director of General Services to
enter into an agreement to lease-purchase finance or lease with an
option to purchase, with an initial option purchase price that
exceeds $2,000,000, for the purpose of providing a specified amount
of square footage of office, warehouse, parking, and related
facilities to consolidate the operations of state agencies in Long
Beach. Existing law authorizes the State Public Works Board to issue
revenue bonds, negotiable notes, or negotiable bond anticipation
notes to finance the acquisition of these facilities.
This bill would delete this provision.
(8) Existing law authorizes the State Public Works Board to issue
revenue bonds, negotiable notes, or negotiable bond anticipation
notes to finance specified facilities pursuant to a Riverside/San
Bernardino Regional Facilities Study.
This bill would delete this provision.
(9) Existing law establishes until July 1, 2014, the School
District Account in the Underground Storage Tank Cleanup Fund and
transfers in the 2009-10, 2010-11, and 2011-12 fiscal years
$10,000,000 per year from the fund to the account for payment of
claims filed by a school district that takes corrective actions to
clean up an unauthorized release from a petroleum underground storage
tank.
This bill would extend the provisions establishing the School
District Account from July 1, 2014, until January 1, 2016. The bill
would require that funds in the School District Account not expended
in a fiscal year remain in the School District Account, and that any
funds remaining in the account on January 1, 2016, revert to the
Underground Tank Cleanup Fund. The bill would repeal provisions
specific to encumbered funds that are in the School District Account
on July 1, 2012.
(10) Existing law provides for the establishment of the
Underground Storage Tank Cleanup Fund and associated authority, until
January 1, 2016, to pay for various costs of corrective action in
regard to unauthorized releases of petroleum from underground storage
tanks. Existing law provides that the repeal of the fund and
associated authority does not terminate the filing and payment of
claims against that fund until the moneys are exhausted.
This bill would add specified claims for corrective action filed
by a school district to those claims that can be filed and paid until
the Underground Storage Tank Cleanup Fund moneys are exhausted.
(11) Existing law requires an owner, lessor, or lessee who knows
of or has probable cause to believe that a significant disposal of
hazardous waste has occurred on, under, or into land or that the land
is within 2,000 feet of a significant disposal of hazardous waste
and who intends to construct or allow to be constructed on the land a
building or structure for specified uses to apply with DTSC to
determine whether the land is to be designated as a hazardous waste
property or a border zone property. Existing law authorizes a person
to enter into an agreement with DTSC providing for the imposition of
land use restrictions on the land. Existing law restricts the use of
land if the land has been designated as a hazardous waste property or
a border zone property. Existing law authorizes DTSC to grant a
variance from the land use restrictions.
This bill would repeal the above provisions, but DTSC would retain
the authority to grant a variance from the land use restrictions
imposed pursuant to the repealed provisions. DTSC would also retain
the authority to enter into an agreement with a property owner
providing for restricting specific uses of the property.
(12) The California Expedited Remedial Action Reform Act of 1994
requires DTSC, upon the request of a responsible party, to have a
site remediated pursuant to that act. That act authorizes the use of
land use control as a part of the remedial plan for the site. That
act authorizes DTSC to modify the land use control under specified
conditions.
This bill would repeal that act. The bill would provide that the
requirements of the act continue to apply to sites selected for
remediation pursuant to the act before the effective date of this
measure.
(13) Existing law establishes the Hazardous Substance Cleanup
Arbitration Panel in the Office of Environmental Health Hazard
Assessment and authorizes a responsible party to request arbitration
before the panel, in lieu of a judicial process, for the purposes of
apportioning liability for the costs of removal and remedial actions
incurred in response to a release or threatened release of a
hazardous substance into the environment.
This bill would repeal the panel and the arbitration process.
(14) Existing law authorizes a private site management team, upon
the approval of DTSC, to conduct an investigation of potential
hazardous substances release sites and to prepare a remedial design
for the implementation of a response plan for a release site.
This bill would repeal these provisions.
(15) Existing law establishes the abandoned site program and
requires DTSC to develop protocols and procedures for conducting an
abandoned site survey of rural unsurveyed counties.
This bill would repeal that program.
(16) The California Land Environmental Restoration and Reuse Act
authorizes a local government to implement a program to require the
owner of property that may be affected by a hazardous material
release, or threat of a release, to undertake remedial action on the
property.
This bill would repeal the act.
(17) Existing law, the Hazardous Waste Reduction, Recycling, and
Treatment Research and Demonstration Act of 1985, requires DTSC to
establish a Hazardous Waste Technology, Research, Development, and
Demonstration Program, consisting of specified elements.
This bill would provide that DTSC's duty to implement that act is
contingent upon, and limited to, the availability of funding, except
as specified.
(18) The existing Hazardous Waste Source Reduction and Management
Review Act of 1989 requires DTSC to establish a program for hazardous
waste source reduction and provides for the creation and
nonoperation of the California Source Reduction Advisory Committee.
The act requires DTSC to establish, with regard to source reduction,
various programs, including a technical and research assistance
program, a technical assistance and outreach program, and a
California Green Business Program.
This bill would rename the act the Pollution Prevention and
Hazardous Waste Source Reduction and Management Review Act (act) and
would instead provide for the creation of the California Pollution
Prevention Advisory Committee, with specified membership and duties.
The bill would delete the requirement that DTSC establish those
source reduction technical assistance, research, and outreach
programs and would instead authorize DTSC to establish a technical
and research program to assist businesses in identifying and applying
pollution prevention methods, to establish a technical assistance
and outreach program to promote implementation of model pollution
prevention measures for priority business categories, and to provide
pollution prevention and training resources. The bill would also make
discretionary the development of the California Green Business
Program.
This bill would provide that DTSC's duty to implement the act is
contingent upon, and is limited to, the availability of funding,
except as provided with regard to the requirements imposed upon
generators.
(19) DTSC is required, under the act, to select at least 2
categories of generators every 2 years, for specified enforcement
activities, and is authorized to request, from any generator subject
to the act, a copy of the generator's source reduction evaluation
review and plan. A generator is required to provide the review and
plan to DTSC or unified program agency, upon request.
The bill would delete the requirements that DTSC select at least 2
categories of generators every 2 years for those specified
enforcement activities.
(20) The act requires DTSC to prepare a draft work plan once every
2 years, with specified information.
This bill would instead authorize DTSC to prepare a work plan on a
periodic basis, and would revise the information included in the
work plan.
(21) Existing law requires DTSC to develop a low-cost voluntary
program to reduce the generation of hazardous waste by large
businesses.
This bill would repeal that requirement. The bill would also make
conforming and technical changes.
(22) The Environmental Quality Assessment Act of 1986 requires the
Director of Toxic Substances Control to develop and adopt by
regulation criteria for a voluntary registration of environmental
assessors.
This bill would repeal the act and make conforming changes.
(23) Existing law defines the term "phase I environmental
assessment" for purposes of the provisions requiring the preparation
of a phase I environmental assessment before the acquisition of a
schoolsite and specifies the information that a phase I environmental
assessment may include.
This bill would revise the definition of a phase I environmental
assessment to require the assessment to meet the current requirements
adopted by the American Society for Testing and Materials (ASTM) for
Standard Practice for Environmental Site Assessments: Phase I
Environmental Site Assessment Process or certain federal regulations.
The bill would impose a state-mandated local program by imposing new
duties upon local agencies.
(24) Existing law, the California Global Warming Solutions Act of
2006, designates the State Air Resources Board (state 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 emissions reductions. The act authorizes the state board to
include use of market-based compliance mechanisms. The act authorizes
the state board to adopt a schedule of fees to be paid by the
sources of greenhouse gas emissions regulated pursuant to the act,
and requires the revenues collected pursuant to that fee schedule be
deposited into the Air Pollution Control Fund and be available, upon
appropriation by the Legislature, for the purposes of carrying out
the act.
This bill would create the Greenhouse Gas Reduction Fund as a
special fund in the State Treasury and would require any money
collected by the state board from the auction or sale of allowances
pursuant to a market-based compliance mechanism to be deposited into
the fund and available for appropriation by the Legislature. The bill
would require a state agency, prior to expending any money
appropriated to it by the Legislature from the fund, to prepare a
record consisting of a description of proposed expenditures and of
how they will further the regulatory purposes of the Global Warming
Solutions Act of 2006, of how they will achieve specified greenhouse
gas emission reductions, how the agency considered other objectives
of that act, and how the agency will document expenditure results.
The bill would declare that these provisions do not amend the act or
the authority of the state board to adopt and implement a fee
pursuant to the act, and would declare expenditures of moneys from
the fund severable, as specified.
This bill would require the Department of Finance, on or before
January 10, 2013, to submit a proposed bill to the Legislature that
provides a detailed spending plan for the expenditure of moneys from
the Greenhouse Gas Reduction Fund, as specified, if the Legislature
does not pass a bill, on or before August 31, 2012, that, among other
things, specifies a process for the establishment of a long-term
spending strategy for these funds. The bill would establish a Cost of
Implementation Account in the Air Pollution Control Fund and require
fees collected from sources of greenhouse gas emissions to be
deposited into this account and available upon appropriation by the
Legislature for purposes of carrying out the California Global
Warming Solutions Act of 2006.
(25) Under existing law, the state board is required to consult
with other states, and the federal government, and other nations to
identify the most effective strategies and methods to, among other
things, reduce greenhouse gases.
This bill would impose conditions on nongovernmental entities
created to assist the state board in the implementation of the Global
Warming Solutions Act of 2006. It would also impose limitations on
any link, as defined, between the state and another state, province,
or country for purposes of a market-based compliance mechanism, by,
among other things, prohibiting any state agency, including the state
board, from taking any action to create such a link unless the state
agency notifies the Governor, and the Governor issues specified
written findings on the proposed link, that consider the advice of
the Attorney General. The bill would require the state board to give
notice to the Joint Legislative Budget Committee before undertaking
expenditures over $150,000 connected with a specified nonprofit
corporation involved in administering the extraterritorial aspects of
the state's greenhouse gas reduction program. It would also require
the California officers on the board of that nonprofit corporation to
report every 6 months to the Joint Legislative Budget Committee on
certain actions of the corporation.
(26) Under the Public Utilities Act, the Public Utilities
Commission (PUC) has regulatory jurisdiction over public utilities,
including electrical corporations. A violation of the Public
Utilities Act or any order, decision, rule, direction, demand, or
requirement of the PUC is a crime. The California Global Warming
Solutions Act of 2006 and its implementing regulations provide for
the direct allocation of greenhouse gas allowances to electrical
corporations.
This bill would authorize the PUC to allocate, for specified clean
energy programs, up to 15% of the revenues received by electrical
corporations as a result of that allocation of allowances and would
require the PUC to direct the balance of those revenues to be
credited directly to the residential, small business, and
emissions-intensive trade-exposed retail customers of the electrical
corporations, as specified. The bill would also require the PUC to
require each electrical corporation to adopt a customer outreach plan
in regard to the crediting of those allowance revenues, as
specified. Because a violation of this requirement is a crime, this
bill would impose a state-mandated local program.
(27) Existing law, the Highway Safety, Traffic Reduction, Air
Quality, and Port Security Bond Act of 2006, approved by the voters
as Proposition 1B at the November 7, 2006, general election,
authorizes the issuance of $19.925 billion of general obligation
bonds for specified purposes, including schoolbus retrofit and
replacement purposes. Existing law specifies the responsibilities of
various agencies with regard to implementing the bond act. Existing
law also establishes various programs for the reduction of vehicular
air pollution, including the Lower-Emission School Bus Program
adopted by the State Air Resources Board. Existing law appropriates
funds to the board and requires the board to allocate these bond
funds in specified ways, including funding local air quality
management districts.
This bill would require the bond funds to be transferred by
January 1, 2013, if a local air district's funds, including accrued
interest, are not committed by an executed contract, as reported to
the board, by June 30, 2012, as provided. The bill would require the
local air district and the board to, by September 30, 2012, establish
a list of potential local air districts that can be the recipient of
the transferred funds, with priority given to districts with the
most polluting school buses and with the greatest need for school bus
funding.
The bill would require each allocation of funding made by the
board to a local air district to include enough funding for at least
one project to be implemented pursuant to the Lower-Emission School
Bus Program.
The bill would require all funds allocated by the board to a local
air district to be expended by June 30, 2014, and would require all
funds not expended by that date to be returned to the board.
(28) Existing law prohibits the Division of Oil, Gas, and
Geothermal Resources (DOGGR) from expending, through the 2011-12
fiscal year, more than $2,000,000 in any one fiscal year for the
purpose of hazardous or idle-deserted wells. The division is
prohibited from expending, commencing with the 2012-13 fiscal year,
more than $1,000,000 in any one fiscal year for the purpose of
hazardous or idle-deserted wells.
This bill, instead, would authorize DOGGR to expend, commencing on
July 1, 2008, up to $2,000,000 in any one fiscal year through the
2014-15 fiscal year, and up to $1,000,000 commencing with the 2015-16
fiscal year.
(29) Existing law establishes the State Parks and Recreation Fund
into which are deposited fees, rents, and other returns for use of
the state parks, and moneys in the fund are
available for expenditure for state park planning,
acquisition, and development projects, operation of the state park
system, and resource and property management and protection, when
appropriated by the Legislature.
This bill would require the Department of Parks and Recreation
(DPR) to develop a revenue generation program as an essential
component of a long-term sustainable park funding strategy, in
accordance with prescribed requirements. The bill would require that
all revenues generated by the revenue program developed pursuant to
the bill be deposited into the California State Park Enterprise Fund,
which the bill would create. The bill would make moneys in the fund
available to the department for expenditure, upon appropriation by
the Legislature, to be used for specified purposes relating to
revenue generating activities by specified park districts and DPR.
The bill would require DPR to establish a revolving loan program and
prepare guidelines for park districts to apply for funds available
under the program, as prescribed.
The bill would require that the sum of $3,000,000, unexpended and
available to DPR from the California Clean Water, Clean Air Safe
Neighborhood Parks, and Coastal Protection Fund, and the sum of
$10,000,000 from the unexpended balance of specified bond funds made
available to DPR under the Safe Drinking Water, Water Quality and
Supply, Flood Control, River and Coastal Protection Bond Act of 2006,
be transferred and deposited into the California State Park
Enterprise Fund, and would authorize the expenditure of those funds,
upon appropriation by the Legislature, for the purposes of the
revenue generation program.
(30) Existing law authorizes DPR to collect fees, rents, and other
returns for the use of any state park system area, in amounts
determined by DPR. Existing law requires that all revenues received
by DPR during each fiscal year be paid into the State Treasury to the
credit of the State Parks and Recreation Fund, and requires that
those funds be available, with specified exceptions, for state park
planning, acquisition, and development projects, operation of the
state park system, and resource and property management and
protection, when appropriated by the Legislature.
This bill would create the State Parks Revenue Incentive
Subaccount within the State Parks and Recreation Fund and would
require the Controller to annually transfer $15,340,000 from the
State Parks and Recreation Fund into the subaccount. The bill would
continuously appropriate the money in the subaccount to DPR to create
incentives for projects that are consistent with the mission of DPR
and that generate revenue and would prohibit DPR from expending more
than $11,000,000 annually from the subaccount to administer, protect,
develop, and interpret the property under its jurisdiction. The bill
would require the Office of State Audits and Evaluations to review
the activities funded from the subaccount.
The bill would require the revenue generated from projects funded
by the subaccount to be deposited in the subaccount and would
continuously appropriate that revenue for expenditure by DPR, of
which at least 50% of the revenue would be required to be expended in
the district of DPR that earned the revenue.
The bill would provide that the funds in the subaccount are
available for encumbrance and expenditure until June 30, 2014, and
for liquidation until June 30, 2016. The bill would make the
provision establishing the subaccount inoperative on June 30, 2016,
and would repeal the provision on January 1, 2017. The bill would
require the Controller, on July 1, 2016, to transfer any unexpended
funds remaining in the subaccount to the State Parks and Recreation
Fund.
(31) Existing law authorizes the Department of Motor Vehicles
(DMV) to issue specialty license plates, including environmental
license plates and specified special environmental design license
plates. The department is required to charge specified fees for
certain services related to the issuance of those plates.
This bill would additionally authorize DMV, in consultation with
DPR, to design and make available for issuance special state parks
environmental license plates bearing a full-plate graphic design
depicting a California redwood tree, as specified, upon payment of an
additional fee by a person applying for the special plate.
(32) Existing law continuously appropriates state and federal
funds in the State Water Pollution Control Revolving Fund to the
State Water Resources Control Board for loans and other financial
assistance for the construction of publicly owned treatment works by
a municipality, the implementation of a management program, the
development and implementation of a conservation and management plan,
and other related purposes in accordance with the federal Clean
Water Act and the Porter-Cologne Water Quality Control Act.
This bill would state the intent of the Legislature that the State
Water Resources Control Board make loans to DPR of up to $10,000,000
each fiscal year until June 30, 2016, from the State Water Pollution
Control Revolving Fund for eligible projects associated with water,
wastewater, and septic systems, and other water-related projects.
(33) Existing law requires moneys deposited to the credit of the
Motor Vehicle Fuel Account in the Transportation Tax Fund to be
transferred monthly to the Off-Highway Vehicle Trust Fund in an
amount attributable to taxes imposed upon distributions of motor
vehicle fuel used in the operation of motor vehicles off highway. The
Off-Highway Vehicle Trust Fund is administered by DPR, and moneys in
the fund are available, upon appropriation, to the department.
This bill would require the Controller to transfer the sum of
$21,000,000 on July 1, 2012, to the Department of Parks and
Recreation Fund from moneys in the Motor Vehicle Fuel Account that
would otherwise be deposited into the Off-Highway Motor Vehicle Fund.
(34) The Reliable Electric Service Investments Act required the
PUC to require the state's 3 largest electrical corporations, until
January 1, 2012, to identify a separate electrical rate component,
commonly referred to as the "public goods charge," to collect
specified amounts to fund energy efficiency, renewable energy, and
research, development, and demonstration programs that enhance system
reliability and provide in-state benefits, including the California
Solar Initiative. An existing decision of the PUC institutes an
Electric Program Investment Charge (EPIC), subject to refund, to fund
renewable energy and research, development, and demonstration
programs.
This bill would create in the State Treasury the Electric Program
Investment Charge Fund to be administered by the State Energy
Resources Conservation and Development Commission (Energy
Commission). The bill would require moneys received by the PUC for
those EPIC programs the PUC has determined should be administered by
the Energy Commission to be forwarded by the PUC to the Energy
Commission at least quarterly for deposit in the fund, as specified.
This bill would revise language regarding funding for the California
Solar Initiative to conform with the termination of the "public goods
charge."
(35) Existing law establishes the Renewable Energy Resources
Program for the purposes of optimizing public investment and ensuring
the most cost-effective and efficient investment in renewable energy
resources. Existing law establishes the Renewable Resource Trust
Fund, and upon appropriation by the Legislature in the annual Budget
Act, moneys in the fund may be expended for the administration of the
program and state expenditures associated with an accounting system.
The remaining moneys in the fund are deposited in various accounts
within the fund, and those moneys and accounts are continuously
appropriated to the commission to implement the program. Existing law
requires the Energy Commission to administer the program.
This bill would revise and recast the program to conform these
provisions with the termination of the public goods charge and,
except for the Emerging Renewable Resources Account, would eliminate
the accounts within the fund. The bill would continuously appropriate
the money in the Emerging Renewable Resources Account to the Energy
Commission to close out the award of incentives for emerging
technologies and consumer education activities, and to fund local
government renewable energy planning projects, as specified.
(36) Existing law establishes the San Gabriel and Lower Los
Angeles Rivers and Mountains Conservancy, and prescribes the
functions, duties, and membership of the conservancy. Existing law
requires that the governing board of the conservancy consist of 13
voting members and 7 nonvoting members, and requires that the voting
members include 2 members of the board of directors of the San
Gabriel Valley Council of Governments, one of whom shall be a mayor
or city council member of a city bordering along the San Gabriel
River, and one of whom shall be a mayor or a city council member of a
city bordering the San Gabriel Mountains area. Existing law further
requires that one member be appointed by a majority of the membership
of that board of directors, and one member be appointed by the
Senate Committee on Rules from a list of 2 or more potential members
submitted by the board of directors.
This bill would authorize the Senate Committee on Rules, if the
San Gabriel Valley Council of Governments fails to provide to the
Senate Committee on Rules a list of 2 or more potential members at
least 30 days prior to the date a current appointee's term of office
ends, to appoint a mayor or city council member of a city bordering
along the San Gabriel River or the San Gabriel Mountains, or a member
of the public who resides within the territory of the conservancy.
(37) Existing law, the California Beverage Container Recycling and
Litter Reduction Act (act), requires a distributor to pay a
redemption payment no later than the 2nd month following the sale of
a beverage container, between February 1, 2010, and June 30, 2012,
and, after that date, to make that payment no later than the 3rd
month following the sale. Existing law requires the payments to be
made to the Department of Resources Recycling and Recovery
(CalRecycle), which is required to deposit those amounts in the
California Beverage Container Recycling Fund. Under existing law, the
money in the fund is continuously appropriated to CalRecycle. A
violation of the act is a crime.
This bill would instead require, as of July 1, 2012, that the
payment be made no later than the last day of the month following the
sale, thereby imposing a state-mandated local program by changing
the definition of a crime.
(38) The Electronic Waste Recycling Act of 2003 requires a
retailer selling a covered electronic device in this state to collect
an electronic waste recycling fee and to transmit the fee to
CalRecycle. Existing law provides for the administration of the act
by both CalRecycle and DTSC and authorizes CalRecycle to
administratively impose civil liability for each sale of a covered
electronic device for which a covered electronic waste recycling fee
has not been paid and against manufacturers for failure to comply
with the act. The fines and penalties collected under the act are
required to be deposited in the Electronic Waste Penalty Subaccount,
and CalRecycle and the DTSC are authorized to expend the fines and
penalties deposited in the subaccount, upon appropriation by the
Legislature. CalRecycle is required to make electronic waste recovery
payments directly to an authorized collector or to a covered
electronic waste recycler that meets specified eligibility
requirements for payment to an authorized collector and to make
electronic waste recycling payments to a covered electronic waste
recycler.
This bill would authorize CalRecycle to administratively impose
civil liability against a person who makes a false statement or
representation in a document filed, submitted, maintained, or used
for purposes of compliance with the act. The bill would authorize
CalRecycle to revoke the approval or deny the renewal application of
an authorized collector or covered electronic waste recycler that
makes a false statement or representation, and to deny an application
for approval or renewal from an authorized collector or covered
electronic waste recycler that, or an individual identified in the
application who, has a history demonstrating a pattern of operation
in conflict with the act. The bill would require a person challenging
certain regulatory actions under the act, or an approved covered
electronic waste recycler challenging the denial or adjustment of an
electronic waste recovery payment or electronic waste recycling
payment, to first exhaust all administrative remedies by filing with
CalRecycle a timely administrative appeal, in accordance with the
regulations adopted to implement the act.
(39) Existing law requires a business that generates more than 4
cubic yards of commercial solid waste per week to arrange for
recycling services, as prescribed.
This bill would instead require a business that generates 4 cubic
yards or more of commercial solid waste per week to arrange for the
recycling services.
(40) Under existing law, the State Water Resources Control Board
and the 9 California regional water quality control boards prescribe
waste discharge requirements in accordance with the federal national
pollutant discharge elimination system (NPDES) permit program
established by the federal Clean Water Act and the Porter-Cologne
Water Quality Control Act (state act). The state act requires
regional boards to consist of 9 members appointed by the Governor,
one for each of 6 descriptions of qualifications enumerated in the
state act and 3 not specifically associated with any of those
enumerated qualifications. The state act disqualifies a person from
being a member of the state board or a regional board if that person
receives or has received during the previous 2 years a significant
portion of his or her income directly or indirectly from a person
subject to, or applicants for discharge permits pursuant to, the
NPDES requirements.
This bill would revise the state act to establish regional boards
of 7 members each, as specified, to be appointed by the Governor.
This bill would also require the terms of office for members of each
regional board to be staggered and expire in accordance with a
prescribed schedule. This bill would, under specified conditions,
provide that a person is not disqualified from being a member of a
regional board if that person receives or has received during the
previous 2 years income directly or indirectly from a person who has
been issued a discharge permit by the state board or a regional board
other than the one of which he or she is a member.
(41) The state act prohibits a member of the state board or a
regional board from participating in specified board actions that
involve the board member or any waste discharger with which the board
member is connected as a director, officer, or employee, or in which
the board member has a financial interest within the meaning of the
Political Reform Act of 1974.
This bill would delete the provision prohibiting a board member
from participating in actions that involve the member or a waste
discharger with which the member is connected. The bill would specify
that the limitation on a board member's financial interest applies
only to a disqualifying financial interest within the meaning of the
Political Reform Act of 1974.
(42) Under existing law, costs of the state water project incurred
for the enhancement of fish and wildlife or for the development of
public recreation are nonreimbursable from prices, rates, or charges
for water or power. Existing law states the intent of the Legislature
to appropriate money from the General Fund to reimburse those costs
in connection with the state water project, as prescribed.
Existing law establishes the Harbors and Watercraft Revolving Fund
and requires all money received by the Department of Boating and
Waterways to be credited to this fund. Under existing law, fees for
the issuance and renewal of a certification of numbering of a vessel
by DMV are also deposited into the Harbors and Watercraft Revolving
Fund and the moneys from these fees are continuously appropriated to
the Department of Motor Vehicles to administer the registration
program and to the Department of Boating and Waterways, as
prescribed. Existing law also transfers money deposited to the credit
of the Motor Vehicle Fuel Account to the Harbors and Watercraft
Revolving Fund, for expenditure, as prescribed. Under existing law,
all money in the fund is also available, upon appropriation, to the
Department of Boating and Waterways, DPR, the Department of Fish and
Game, the Department of Food and Agriculture, and the State Water
Resources Control Board for, among other things, boating-related
facility development, addressing boating safety programs,
boating-related spread of invasive species, and regulatory
activities.
This bill would, on July 1, 2012, and each July 1 thereafter,
transfer $7,500,000 from the General Fund portion of the Harbors and
Watercraft Revolving Fund to the Davis-Dolwig Account (account),
which this bill would establish in the California Water Resources
Development Bond Fund. This bill would, for the purposes of
reimbursing costs of the State Water Resources Development System
incurred for recreation and the enhancement of fish and wildlife,
continuously appropriate $7,500,000 from the account to the
Department of Water Resources (DWR) and require any amount in the
account in excess of $20,000,000 on June 30 of each year to be
transferred back to the Harbors and Watercraft Revolving Fund. This
bill would also transfer $2,500,000 from the General Fund portion of
the Harbors and Watercraft Revolving Fund to the account and
continuously appropriate $2,500,000 from the account to DWR for the
payment of state recreation and fish and wildlife enhancement costs
incurred on or before December 31, 2011, and would make this transfer
and appropriation inoperative upon certification of full payment of
these costs by the Director of Finance. This bill would require the
DWR to provide, as part of the annual Governor's budget process,
details of the account balance and expenditures from the account.
This bill would provide that funds made available to the DWR in the
account fulfill the legislative intent to provide funds for fish and
wildlife enhancements and recreation.
(43) Existing law authorizes the Governor, in certain
circumstances, to direct the Controller to make transfers of money
from any special funds and other accounts to the General Cash
Revolving Fund.
This bill would authorize the Controller to use the Davis-Dolwig
Account for cash flow loans to the General Fund in accordance with
specified provisions.
(44) Existing law requires the department to prepare and submit
annually, as prescribed, to the chairpersons of the fiscal committees
of the Legislature a report with regard to the budget for the State
Water Resources Development System.
This bill would require the department, at least 60 days prior to
the final approval of the renewal or extension of a long-term water
supply contract, to present, at an informational hearing before
specified committees of the Legislature, the details of the terms and
conditions of the contract and how they serve as a template for the
remaining long-term water supply contracts.
(45) Existing law establishes the Public Utilities Reimbursement
Account into which is deposited registration fees collected from
electric service providers and annual fees paid by every electrical,
gas, telephone, telegraph, water, sewer system, and heat corporation
and every other public utility providing service directly to
customers or subscribers and subject to the jurisdiction of the
commission other than a railroad.
The bill would appropriate $139,000 from the Public Utilities
Reimbursement Account to the Office of Environmental Health Hazard
Assessment for staffing to perform activities related to identifying
and determining inhalation standards for certain constituents of
biomethane injected into a common carrier pipeline.
(46) The bill would appropriate $1,000 from the State Parks and
Recreation Fund to DPR for administrative costs.
(47) The California Constitution requires the state to reimburse
local agencies and school districts for certain costs mandated by the
state. Statutory provisions establish procedures for making that
reimbursement.
This bill would provide that with regard to certain mandates no
reimbursement is required by this act for a specified reason.
With regard to any other mandates, this bill would provide that,
if the Commission on State Mandates determines that the bill contains
costs so mandated by the state, reimbursement for those costs shall
be made pursuant to the statutory provisions noted above.
(48)This bill would declare that it is to take effect immediately
as a bill providing for appropriations related to the Budget Bill.
This bill would express the intent of the Legislature to enact
statutory changes relating to the Budget Act of 2012.
Vote: majority. Appropriation: no yes
. Fiscal committee: no yes .
State-mandated local program: no yes .
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 17210 of the
Education Code is amended to read:
17210. As used in this article, the following terms have the
following meanings:
(a) "Administering agency" means any agency designated pursuant to
Section 25502 of the Health and Safety Code.
(b) "Environmental assessor" means a class II
an environmental assessor registered by the
Office of Environmental Health Hazard Assessment pursuant to Chapter
6.98 (commencing with Section 25570) of Division 20 of the Health and
Safety Code, a professional engineer registered
as defined in this state, a geologist
registered in this state, a certified engineering geologist
registered in this state, or a licensed hazardous substance
contractor certified pursuant to Chapter 9 (commencing with
Section 7000) 312.10 of
Division 3 Title 40 of the Business and
Professions Code. A licensed hazardous substance contractor shall
hold the equivalent Code of a degree
from an accredited public or private college or university or from a
private postsecondary educational institution approved by the Bureau
for Private Postsecondary and Vocational Education with at least 60
units in environmental, biological, chemical, physical, or soil
science; engineering; geology; environmental or public health; or a
directly related science field. In addition, any person who conducts
phase I environmental assessments shall have at least two years'
experience in the preparation of those assessments and any person who
conducts a preliminary endangerment assessment shall have at least
three years' experience in conducting those assessments.
Federal Regulations.
(c) "Handle" has the meaning the term is given in Article 1
(commencing with Section 25500) of Chapter 6.95 of Division 20 of the
Health and Safety Code.
(d) "Hazardous air emissions" means emissions into the ambient air
of air contaminants that have been identified as a toxic air
contaminant by the State Air Resources Board or by the air pollution
control officer for the jurisdiction in which the project is located.
As determined by the air pollution control officer, hazardous air
emissions also means emissions into the ambient air from any
substance identified in subdivisions (a) to (f), inclusive, of
Section 44321 of the Health and Safety Code.
(e) "Hazardous material" has the meaning the term is given in
subdivision (d) of Section 25260 of the Health and Safety Code.
(f) "Operation and maintenance," "removal action work plan,"
"respond," "response," "response action," and "site" have the
meanings those terms are given in Article 2 (commencing with Section
25310) of the state act.
(g) "Phase I environmental assessment" means a preliminary
assessment of a property to determine whether there has been or may
have been a release of a hazardous material, or whether a naturally
occurring hazardous material is present, based on reasonably
available information about the property and the area in its
vicinity. A phase I environmental assessment may include,
but is not limited to, a review of public and private records of
current and historical land uses, prior releases of a hazardous
material, data base searches, review of relevant files of federal,
state, and local agencies, visual and other surveys of
shall meet the property, review of historical aerial
photographs of the property and the area in its vicinity, interviews
with most current and previous owners
and operators, and review of regulatory correspondence and
environmental reports. Sampling or testing is not required as part of
the phase I environmental assessment. A phase I environmental
assessment conducted pursuant to the requirements adopted by
the American Society for Testing and Materials (ASTM) for
due diligence Standard Practice for
commercial real estate transactions and that includes a
review Environmental Site Assessments: Phase I Enviro
nmental Site Assessment Process or meet the requirements
of all reasonably available records and data bases
regarding current and prior gas Part 312 (commencing
with Section 312.1) of Title 40 of the Code of Federal Regulations.
That ASTM Standard Practice for Environmental Site Assessments
or oil wells and naturally occurring hazardous materials
located on the site or located where they could
potentially effect requirements of Part 312
(commencing with Section 312.1) of Title 40 of the
site, satisfies Code of Federal Regulations shall
satisfy the requirements of this article for conducting a phase
I environmental assessment unless and until the Department of Toxic
Substances Control adopts final regulations that establish guidelines
for a phase I environmental assessment for purposes of schoolsites
that impose different requirements from those imposed by the
American Society for Testing and Materials.
requirements.
(h) "Preliminary endangerment assessment" means an activity that
is performed to determine whether current or past hazardous material
management practices or waste management practices have resulted in a
release or threatened release of hazardous materials, or whether
naturally occurring hazardous materials are present, which pose a
threat to children's health, children's learning abilities, public
health or the environment. A preliminary endangerment assessment
requires sampling and analysis of a site, a preliminary determination
of the type and extent of hazardous material contamination of the
site, and a preliminary evaluation of the risks that the hazardous
material contamination of a site may pose to children's health,
public health, or the environment, and shall be conducted in a manner
that complies with the guidelines published by the Department of
Toxic Substances Control entitled "Preliminary Endangerment
Assessment: Guidance Manual," including any amendments that are
determined by the Department of Toxic Substances Control to be
appropriate to address issues that are unique to schoolsites.
(i) "Proposed schoolsite" means real property acquired or to be
acquired or proposed for use as a schoolsite, prior to its occupancy
as a school.
(j) "Regulated substance" means any material defined in
subdivision (g) of Section 25532 of the Health and Safety Code.
(k) "Release" has the same meaning the term is given in Article 2
(commencing with Section 25310) of Chapter 6.8 of Division 20 of the
Health and Safety Code, and includes a release described in
subdivision (d) of Section 25321 of the Health and Safety Code.
( l ) "Remedial action plan" means a plan approved by
the Department of Toxic Substances Control pursuant to Section
25356.1 of the Health and Safety Code.
(m) "State act" means the Carpenter-Presley-Tanner Hazardous
Substance Account Act (Chapter 6.8 (commencing with Section 25300) of
Division 20 of the Health and Safety Code).
SEC. 2. Section 19970 of the Education
Code is amended to read:
19970. Bonds in the total amount of seventy-five
seventy-two million four hundred five
thousand dollars ($75,000,000)
($72,405,000) (exclusive of refunding bonds), or so much
thereof as is necessary, may be issued and sold to provide a fund to
be used for carrying out the purposes expressed in this chapter and
to be used to reimburse the General Obligation Bond Expense Revolving
Fund pursuant to Section 16724.5 of the Government Code. The bonds
shall, when sold, be and constitute a valid and binding obligation of
the State of California, and the full faith and credit of the State
of California is hereby pledged for the punctual payment of both
principal of, and interest on, the bonds as the principal and
interest become due and payable.
SEC. 3. Section 100010 of the Education
Code is amended to read:
100010. (a) Two
An amount of up to two billion twenty-five
million dollars ($2,025,000,000) of the proceeds of bonds issued and
sold pursuant to this chapter shall be deposited in the State School
Building Lease-Purchase Fund.
SEC. 4. Section 100115 of the Education
Code is amended to read:
100115. Nine An amount of up to nine
hundred seventy-five million dollars ($975,000,000) of the
proceeds of bonds issued and sold pursuant to this chapter shall be
deposited in the 1996 Higher Education Capital Outlay Bond Fund,
which is hereby created.
SEC. 5. Section 100125 of the Education
Code is amended to read:
100125. (a) Bonds in the total amount of three
two billion nine hundred eighty-seven million
thirty-five thousand dollars ($3,000,000,000)
($2,987,035,000) , not including the amount of
any refunding bonds issued in accordance with Section 100175, or so
much thereof as is necessary, may be issued and sold to provide a
fund to be used for carrying out the purposes expressed in this
chapter and to reimburse the General Obligation Bond Expense
Revolving Fund pursuant to Section 16724.5 of the Government Code.
The bonds, when sold, shall be and constitute a valid and binding
obligation of the State of California, and the full faith and credit
of the State of California is hereby pledged for the punctual payment
of both principal of, and interest on, the bonds as the principal
and interest become due and payable.
(b) Pursuant to this section, the Treasurer shall sell the bonds
authorized by the Higher Education Facilities Finance Committee
created pursuant to Section 67353 at any different times necessary to
service expenditures required by the apportionments.
SEC. 6. Section 2948 is added to the
Fish and Game Code , to read:
2948. This article shall remain in effect only until January 1,
2013, and as of that date is repealed, unless a later enacted
statute, that is enacted before January 1, 2013, deletes or extends
that date.
SEC. 7. Section 5653.1 of the Fish and
Game Code is amended to read:
5653.1. (a) The issuance of permits to operate vacuum or suction
dredge equipment is a project pursuant to the California
Environmental Quality Act (Division 13 (commencing with Section
21000) of the Public Resources Code) and permits may only be issued,
and vacuum or suction dredge mining may only occur as authorized by
any existing permit, if the department has caused to be prepared, and
certified the completion of, an environmental impact report for the
project pursuant to the court order and consent judgment entered in
the case of Karuk Tribe of California et al. v. California Department
of Fish and Game et al., Alameda County Superior Court Case No. RG
05211597.
(b) Notwithstanding Section 5653, the use of any vacuum or suction
dredge equipment in any river, stream, or lake of this state is
prohibited until June 30, 2016, or until the
director certifies to the Secretary of State that all of the
following have occurred, whichever is earlier:
occurred:
(1) The department has completed the environmental review of its
existing suction dredge mining regulations, as ordered by the court
in the case of Karuk Tribe of California et al. v. California
Department of Fish and Game et al., Alameda County Superior Court
Case No. RG 05211597.
(2) The department has transmitted for filing with the Secretary
of State pursuant to Section 11343 of the Government Code, a
certified copy of new regulations adopted, as necessary, pursuant to
Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3
of Title 2 of the Government Code.
(3) The new regulations described in paragraph (2) are operative.
(4) The new regulations described in paragraph (2) fully mitigate
all identified significant environmental impacts.
(5) A fee structure is in place that will fully cover all costs to
the department related to the administration of the program.
(c) (1) To facilitate its compliance with subdivision (b), the
department shall consult with other agencies as it determines to be
necessary, including, but not limited to, the State Water Resources
Control Board, the State Department of Public Health, and the Native
American Heritage Commission, and, on or before April 1, 2013, shall
prepare and submit to the Legislature a report with recommendations
on statutory changes or authorizations that, in the determination of
the department, are necessary to develop the suction dredge
regulations required by paragraph (2) of subdivision (b), including,
but not limited to, recommendations relating to the mitigation of all
identified significant environmental impacts and a fee structure
that will fully cover all program costs.
(2) The requirement for submitting a report imposed under this
subdivision is inoperative on January 1, 2017, pursuant to Section
10231.5 of the Government Code.
(3) The report submitted to the Legislature pursuant to this
subdivision shall be submitted in accordance with Section 9795 of the
Government Code.
(c)
(d) The Legislature finds and declares that this
section, as added during the 2009-10 Regular Session, applies solely
to vacuum and suction dredging activities conducted for instream
mining purposes. This section does not expand or provide new
authority for the department to close or regulate suction dredging
conducted for regular maintenance of energy or water supply
management infrastructure, flood control, or navigational purposes
governed by other state or federal law.
(d)
(e) This section does not prohibit or restrict
nonmotorized recreational mining activities, including panning for
gold.
SEC. 8. The Legislature finds and declares that
licensing, permitting, and inspection fees collected from milk
producers, semifrozen milk product plants, hotels, restaurants, or
boardinghouses issued limited manufacturing permits, and those
engaged in the manufacture and testing of butter have not kept pace
with the true cost of providing those services. Sections 10, 12, 13,
15, 16, and 17 of this act address those deficiencies by raising the
fees charged for those services to a level that more accurately
reflects the reasonable costs incurred by the agency providing those
services.
SEC. 9. Section 33222 of the Food and
Agricultural Code is amended to read:
33222. Every person, before engaging in the business of producing
market milk or manufacturing milk, shall obtain a permit
from the secretary or from the approved milk inspection service that
is maintained by the county designated by the director
secretary pursuant to this chapter for each
dairy farm.
SEC. 10. Section 33223 of the Food and
Agricultural Code is amended to read:
33223. If a permit is issued by an approved milk inspection
service designated by the secretary to a producer of market milk
or manufacturing milk, no other permit shall be required of
the producer by any other approved milk inspection service.
SEC. 11. Section 33225 of the Food and
Agricultural Code is amended to read:
33225. If this division and the standards that are established by
or adopted pursuant to the authority that is granted in this
division are complied with, and the applicant's milk is to
be delivered within a county which maintains an
approved milk inspection service, a permit shall be issued
by the secretary or the designated approved milk
inspection service, to the dairy farm. The permit shall be issued for
a period not to exceed one year.
SEC. 12. Section 33251 of the Food and
Agricultural Code is amended to read:
33251. The county that maintains an approved milk inspection
service where an inspection fee is levied and collected shall
determine the actual cost of making an inspection of a dairy farm
that produces market milk within the area that is
designated and assigned to that service by the secretary. Records of
the cost determination shall be made and maintained by the county for
examination by the secretary or other interested person.
SEC. 13. Section 33252 of the Food and
Agricultural Code is amended to read:
33252. For the purpose of maintaining an approved milk inspection
service, the county may, but is not required to, levy and collect an
inspection fee or fees from producers of market
milk that is produced at dairy farms within the area that is
designated and assigned to that service by the director.
secretary.
SEC. 14. Section 33253 of the Food and
Agricultural Code is amended to read:
33253. The dairy farm inspection fee shall not exceed the actual
cost to the county of making the dairy farm inspection.
inspection, provided that an additional 15 percent of
the fees collected shall be remitted to the secretary to cover the
reasonable cost of administering Sections 33082, 33118, and 3311
9, and the oversight requirements of the National
Conference on Interstate Milk Shipments.
SEC. 15. Section 33257 of the Food and
Agricultural Code is amended to read:
33257. If an approved milk inspection service inspects a dairy
farm, the dairy farm inspection fee, if levied, shall be collected
from the producer of market milk that is produced
on the dairy farm.
SEC. 16. Section 33291 of the Food and
Agricultural Code is amended to read:
33291. Every person that is engaged in the production of
market milk outside the jurisdiction of an approved milk
inspection service and every person engaged in the processing,
manufacture, or distribution of milk, milk products, or products
resembling milk products, in the cleaning or sanitizing of bulk milk
tanker trucks, or in the processing, manufacture, or freezing of ice
cream, ice milk, sherbet, or any similar frozen product shall pay a
cost-related inspection fee , not to exceed the
reasonable costs of the services provided, to the
secretary.
SEC. 17. Section 33292 of the Food and
Agricultural Code is amended to read:
33292. (a) Every milk products plant
or milk handler that is subject to this chapter
purchases, or otherwise acquires possession or control
of, milk directly from producers shall deduct from payments
that are due producers for market milk, and shall
pay to the secretary, the fee , not to exceed the reasonable
costs of the services provided, required to be paid by the
producer.
(b) For purposes of this article, "milk handler" means any person
that, as owner, agent, broker, or intermediary, receives, purchases,
or otherwise acquires ownership, possession, or control of milk or
manufacturing milk in unprocessed or bulk form from a producer for
the purpose of manufacture, processing, sale, distribution, or other
handling.
(c) For purposes of this article, "producer" means any person that
operates a dairy farm as defined in Section 32505.
SEC. 18. Section 33294 of the Food and
Agricultural Code is repealed.
33294. (a) The secretary shall fix the fee for dairy farm
inspection not to exceed the actual directly related costs.
(b) Whenever the secretary finds that the cost of administering
this chapter can be defrayed from revenue derived from lower fees,
the secretary may adjust the fee, but in no case shall the initial
inspection fee for producers who sell market milk at wholesale that
is to be sold as graded market milk, exceed three mills ($0.003) per
gallon of the first 45,000 gallons only on graded market milk that
was sold during the quarter-year period preceding the date the
inspection fee becomes due and payable.
(c) Notwithstanding the fee limit specified in this section for
producers, the secretary may increase the inspection fee by an amount
not to exceed one quarter mill ($0.00025) per gallon per annum.
(d) The secretary shall charge a dairy farm all actual direct
costs for initial and any followup dairy farm inspections for a
facility out of compliance in the initial inspection. However, in no
event shall the fee for an initial inspection exceed the limitation
established in subdivisions (a) and (b).
SEC. 19. Section 33294 is added to the
Food and Agricultural Code , to read:
33294. (a) Every producer shall pay an inspection fee not to
exceed twelve cents ($0.12) per hundredweight of the first 482,000
pounds only on milk produced by him or her during the quarter year
preceding the date the inspection fee becomes due and payable or two
hundred fifty dollars ($250), whichever is greater.
(b) Notwithstanding the fee limit specified in this section for
producers, the secretary may increase the inspection fee by an amount
not to exceed one-half cent ($0.005) per hundredweight per annum.
(c) The secretary shall annually fix the fees at an amount not to
exceed actual reasonable program costs for administration of this
chapter, and may adjust the per hundredweight fee whenever he or she
finds that the cost of administering the provisions of this chapter
can be defrayed from revenues derived from lower rates. Any money
collected by the secretary pursuant to this section shall be paid
into the Department of Food and Agriculture Fund.
(d) The secretary shall charge a dairy farm all actual direct
costs for initial and any followup dairy farm inspections for a
facility out of compliance with the initial inspection. However, in
no event shall the fee for an initial inspection exceed the
limitation established in subdivisions (a) and (b).
(e) The secretary shall establish plan review fees for sanitary
design and construction review activities relating to dairy farms
pursuant to Chapter 5 (commencing with Section 33451).
SEC. 20. Section 35221 of the Food and
Agricultural Code is amended to read:
35221. (a) Every person that is engaged in the business of
dealing in, receiving, manufacturing, freezing, or processing ice
cream, ice milk, sherbet, or any similar frozen product, of
manufacturing, freezing, or processing imitation ice cream, imitation
ice milk, or any similar frozen product, or of processing any other
dairy product for which a license is required, shall pay the
following fees:
(1) For a license for all frozen milk products and all imitation
frozen milk products, one hundred dollars ($100) for the calendar
year for which the license is issued. The fee for the renewal of this
license is one hundred dollars ($100), plus one dollar ($1) for each
additional 10,000 gallons or fraction of 10,000 gallons over and
above 20,000 gallons that were manufactured during the preceding
year, ending December 31.
(2) For a semifrozen (soft-serve) milk products plant license
issued to persons making application under Section 33704,
one two hundred fifty
twenty-five dollars ($150) ($225)
for the calendar year for which the semifrozen (soft-serve) milk
products plant license is issued. The fee for the renewal of this
license is one two hundred
fifty twenty-five dollars ($150).
($225).
(3) For a limited packaging permit issued to a licensed semifrozen
(soft-serve) milk products plant making application under
subdivision (b) of Section 33704, three hundred dollars ($300) for
issuance of the initial permit. The fee for the annual renewal of
this permit is one hundred fifty dollars ($150).
(4) For a limited manufacturing permit issued to a hotel,
restaurant, or boardinghouse pursuant to Section 35016, one
two hundred twenty-five dollars
($100) ($225) for the initial permit.
The fee for the annual renewal of this permit shall be one
two hundred twenty-five dollars
($100). ($225).
(5) For a person, except a hospital or sanitarium, that is engaged
in the business of manufacturing any diabetic or dietetic frozen
milk product or mix, one hundred dollars ($100) for the calendar year
for which a diabetic or dietetic frozen milk products license is
issued. The fee for the renewal of this license is one hundred
dollars ($100).
(6) For any other product for which a license is required, one
hundred dollars ($100) for the calendar year for which the license is
issued. The fee for the renewal of this license is one hundred
dollars ($100), plus one dollar ($1) for each additional 10,000
pounds or fraction of 10,000 pounds over and above the first 100,000
pounds, of milk fat that was purchased or received during the
preceding year, ending December 31.
(b) The license and permit fees required by this section shall be
prorated on a quarterly basis for any licensee or permittee that
commences operations after the first quarter in any calendar year,
regardless of whether or not the milk products plant was licensed or
permitted during the preceding calendar year.
SEC. 21. Section 35231 of the Food and
Agricultural Code is amended to read:
35231. The initial and renewal fees for a tester's, sampler's and
weigher's, technician's, pasteurizer's, and butter grader's license
are as follows:
(a) For a tester's license, including a nonfat milk solids tester,
seventy-five one hundred dollars
($75). ($100).
(b) For a sampler's and weigher's license, seventy-five
one hundred dollars ($75).
($100).
(c) For a limited sampler's and weigher's license, fifty
seventy-five dollars ($50).
($75).
(d) For a technician's license, one hundred dollars ($100).
(e) For
a pasteurizer's license, seventy-five one
hundred dollars ($75). ($100).
(f) For a butter grader's license, seventy-five
one hundred dollars ($75).
($100).
SEC. 22. Chapter 5 (commencing with Section 12894)
is added to Part 2.5 of Division 3 of Title 2 of the
Government Code , to read:
CHAPTER 5. GREENHOUSE GAS MARKET-BASED COMPLIANCE MECHANISMS
AND LINKAGES TO THE STATE
12894. (a) (1) The Legislature finds and declares that the
establishment of nongovernmental entities, such as the Western
Climate Initiative, Incorporated, and linkages with other states and
countries by the State Air Resources Board or other state agencies
for the purposes of implementing Division 25.5 (commencing with
Section 38500) of the Health and Safety Code, should be done
transparently and should be independently reviewed by the Attorney
General for consistency with all applicable laws.
(2) The purpose of this section is to establish new oversight and
transparency over any such linkages and related activities undertaken
in relation to Division 25.5 (commencing with Section 38500) of the
Health and Safety Code by the executive agencies in order to ensure
consistency with applicable laws.
(b) (1) The California membership of the board of directors of the
Western Climate Initiative, Incorporated, shall be modified as
follows:
(A) One appointee or his or her designee who shall serve as an ex
officio nonvoting member shall be appointed by the Senate Committee
on Rules.
(B) One appointee or his or her designee who shall serve as an ex
officio nonvoting member shall be appointed by the Speaker of the
Assembly.
(C) The Chairperson of the State Air Resources Board or her or his
designee.
(D) The Secretary for Environmental Protection or his or her
designee.
(2) Sections 11120 through 11132 do not apply to the Western
Climate Initiative, Incorporated, or to appointees specified in
subparagraphs (C) and (D) of paragraph (1) when performing their
duties under this section.
(c) The State Air Resources Board shall provide notice to the
Joint Legislative Budget Committee, consistent with that required for
Department of Finance augmentation or reduction authorizations
pursuant to subdivision (e) of Section 28.00 of the annual Budget
Act, of any funds over one hundred fifty thousand dollars ($150,000)
provided to the Western Climate Initiative, Incorporated, or its
derivatives or subcontractors no later than 30 days prior to transfer
or expenditure of these funds.
(d) The Chairperson of the State Air Resources Board and the
Secretary for Environmental Protection, as the California voting
representatives on the Western Climate Initiative, Incorporated,
shall report every six months to the Joint Legislative Budget
Committee on any actions proposed by the Western Climate Initiative,
Incorporated, that affect California state government or entities
located within the state.
(e) For purposes of this section, "link," "linkage," or "linking"
means an action taken by the State Air Resources Board or any other
state agency that will result in acceptance by the State of
California of compliance instruments issued by any other governmental
agency, including any state, province, or country, for purposes of
demonstrating compliance with the market-based compliance mechanism
established pursuant to Division 25.5 (commencing with Section 38500)
of the Health and Safety Code and specified in Sections 95801 to
96022, inclusive, of Title 17 of the California Code of Regulations.
(f) A state agency, including, but not limited to, the State Air
Resources Board, shall not link a market-based compliance mechanism
established pursuant to Division 25.5 (commencing with Section 38500)
of the Health and Safety Code and specified in Sections 95801 to
96022, inclusive, of Title 17 of the California Code of Regulations
with any other state, province, or country unless the state agency
notifies the Governor that the agency intends to take such action and
the Governor, acting in his or her independent capacity, makes all
of the following findings:
(1) The jurisdiction with which the state agency proposes to link
has adopted program requirements for greenhouse gas reductions,
including, but not limited to, requirements for offsets, that are
equivalent to or stricter than those required by Division 25.5
(commencing with Section 38500) of the Health and Safety Code.
(2) Under the proposed linkage, the State of California is able to
enforce Division 25.5 (commencing with Section 38500) of the Health
and Safety Code and related statutes, against any entity subject to
regulation under those statutes, and against any entity located
within the linking jurisdiction to the maximum extent permitted under
the United States and California Constitutions.
(3) The proposed linkage provides for enforcement of applicable
laws by the state agency or by the linking jurisdiction of program
requirements that are equivalent to or stricter than those required
by Division 25.5 (commencing with Section 38500) of the Health and
Safety Code.
(4) The proposed linkage and any related participation of the
State of California in Western Climate Initiative, Incorporated,
shall not impose any significant liability on the state or any state
agency for any failure associated with the linkage.
(g) The Governor shall issue findings pursuant to subdivision (f)
within 45 days of receiving a notice from a state agency, and shall
provide those findings to the Legislature. The findings shall
consider the advice of the Attorney General. The findings to be
submitted to the Legislature shall not be unreasonably withheld.
SEC. 23. Section 14669.13 of the
Government Code is repealed.
14669.13. (a) The Director of General Services may enter into an
agreement to lease-purchase finance or lease with an option to
purchase, with an initial option purchase price that exceeds two
million dollars ($2,000,000), for the purpose of providing
approximately 230,000 net square feet of office, warehouse, parking,
and related facilities to consolidate the operations of state
agencies in Long Beach. The acquisition of any real property by
lease, lease-purchase, or lease with an option to purchase as
provided in this subdivision shall be made in accordance with the
bidding procedures described in subdivision (b) of Section 14669.
(b) The State Public Works Board may issue revenue bonds,
negotiable notes, or negotiable bond anticipation notes pursuant to
the State Building Construction Act of 1955 (Part 10b (commencing
with Section 15800)) to finance the acquisition of the facilities
authorized in subdivision (a). The board may borrow funds for project
costs from the Pooled Money Investment Account pursuant to Sections
16312 and 16313.
(1) The amount of revenue bonds, negotiable notes, or negotiable
bond anticipation notes to be sold shall equal the cost of
acquisition, including land, construction, preliminary plans, and
working drawings, construction management and supervision, other
costs relating to the design and construction of the facilities,
exercise of any purchase option, and any additional sums necessary to
pay interim and permanent financing costs. The additional amount may
include interest and a reasonable required reserve fund.
(2) Authorized costs of the facilities, including land
acquisition, preliminary plans, working drawings and construction
shall not exceed seventy-five million dollars ($75,000,000).
(3) Notwithstanding Section 13332.11, the State Public Works Board
may authorize the augmentation of the amount authorized pursuant to
this subdivision by up to 10 percent of the amount specifically
authorized.
(c) The net present value of the cost to acquire and operate the
facilities authorized in subdivision (a) may not exceed the net
present value of the cost to lease and operate an equivalent amount
of office space, including the present facilities, over the same time
period. In performing this analysis, interest rates, discount rates,
and the consumer price index figures shall be obtained from the
Treasurer.
(d) The Director of General Services may sell, lease, or exchange,
based on current market value and upon any terms and conditions, and
with any reservations and exceptions, deemed by the director to be
in the state's best interest, the existing state office and parking
facilities located at 245 West Broadway Street in the City of Long
Beach. The net proceeds, if any, from the sale, lease, or exchange
shall be applied toward any obligations undertaken by the director in
securing consolidated facilities as authorized by this section.
(e) The director shall not enter into any agreement to acquire
facilities, as specified in subdivision (a), any sooner than 45 days
after notification, including the information specified in
subdivision (c), to the Chairperson of the Joint Legislative Budget
Committee.
SEC. 24. Section 15819.05 of the
Government Code is repealed.
15819.05. (a) The State Public Works Board may issue revenue
bonds, negotiable notes, or negotiable bond anticipation notes
pursuant to Chapter 5 (commencing with Section 15830) of this part to
finance the acquisition of the facilities specified in Sections
14016 and 14669.9.
(b) The amount of revenue bonds, negotiable notes, or negotiable
bond anticipation notes to be sold shall equal the cost of
acquisition, including land, construction, preliminary plans and
working drawings, construction management and supervision, other
costs relating to the design and construction of the facilities,
exercise of any purchase option, and any additional sums necessary to
pay interim and permanent financing costs. The additional amount may
include interest and a reasonable required reserve fund.
(c) Authorized costs of the facilities, including land
acquisition, preliminary plans, working drawings and construction
shall not exceed one hundred and seventy-five million dollars
($175,000,000).
(d) The State Public Works Board may authorize the augmentation of
the amount authorized by this section subject to the limitations
specified in Section 13332.11.
(e) Notwithstanding Section 13340 of the Government Code, funds
derived from the interim and permanent financing or refinancing of
the facilities specified in Sections 14016 and 14669.9 are hereby
continuously appropriated without regard to fiscal year for these
purposes.
SEC. 25. Article 9.7 (commencing with Section
16428.8) is added to Chapter 2 of Part 2 of Division 4 of
Title 2 of the Government Code , to read:
Article 9.7. GREENHOUSE GAS REDUCTION FUND AND COST OF
IMPLEMENTATION ACCOUNT
16428.8. (a) The Greenhouse Gas Reduction Fund, hereafter
referred to in this article as the fund, is hereby created as a
special fund in the State Treasury.
(b) Except for fines and penalties, all moneys collected by the
State Air Resources Board from the auction or sale of allowances,
pursuant to a market-based compliance mechanism established pursuant
to Division 25.5 (commencing with Section 38500) of the Health and
Safety Code and specified in Sections 95800 to 96022, inclusive, of
Title 17 of the California Code of Regulations, shall be deposited in
the fund and available for appropriation by the Legislature.
(c) All moneys deposited in the fund shall be appropriated and
shall be separately identified in the annual Budget Act. No moneys
from the General Fund or any other fund shall be deposited in the
fund.
(d) Notwithstanding any other law, the Controller may use the
moneys in the fund for cash flow loans to the General Fund as
provided in Sections 16310 and 16381.
(e) Any technical amendments made by the State Air Resources Board
to the regulations established under Sections 95800 to 96022,
inclusive, of Title 17 of the California Code of Regulations to
conform that regulation to this article shall be exempt from the
provisions of the Administrative Procedure Act (Chapter 3.5
(commencing with Section 11340) of Part 1 of Division 3) and from the
review and approval of the Office of Administrative Law.
16428.85. (a) Except as provided in subdivision (b), the
Department of Finance shall submit to the Legislature, in bill
format, on or before January 10, 2013, a proposal that provides a
detailed spending plan for the expenditure of moneys in the fund that
includes the components specified in subdivision (b).
(b) Subdivision (a) shall not apply if the Legislature passes a
bill on or before August 31, 2012, that becomes law specifying a
process for the establishment of the long-term spending strategy for
moneys in the fund that includes all of the following components:
(1) Criteria and requirements for use of these moneys.
(2) Establishment of program categories eligible for funding.
(3) The specification of a public process that the State Air
Resources Board shall use to develop the strategy.
(4) The role of the Legislature in reviewing the strategy.
16428.9. (a) Prior to expending any moneys appropriated to it by
the Legislature from the fund, a state agency shall prepare a record
consisting of all of the following:
(1) A description of each expenditure proposed to be made by the
state agency pursuant to the appropriation.
(2) A description of how a proposed expenditure will further the
regulatory purposes of Division 25.5 (commencing with Section 38500)
of the Health and Safety Code, including, but not limited to, the
limit established under Part 3 (commencing with Section 38550) and
other applicable requirements of law.
(3) A description of how a proposed expenditure will contribute to
achieving and maintaining greenhouse gas emission reductions
pursuant to Division 25.5 (commencing with Section 38500) of the
Health and Safety Code.
(4) A description of how the state agency considered the
applicability and feasibility of other nongreenhouse gas reduction
objectives of Division 25.5 (commencing with Section 38500) of the
Health and Safety Code.
(5) A description of how the state agency will document the result
achieved from the expenditure to comply with Division 25.5
(commencing with Section 35800) of the Health and Safety Code.
(b) Nothing in this section alters, amends, or otherwise modifies
in any manner Division 25.5 (commencing with Section 35800) of the
Health and Safety Code, including the authority of the State Air
Resources Board to adopt and implement a fee pursuant to that
division.
(c) If any expenditure of moneys from the fund for any measure or
project is determined by a court to be inconsistent with law, the
funding for the remaining measures or projects shall be severable and
shall not be affected.
16428.95. Notwithstanding Section 38597 of the Health and Safety
Code, the Cost of Implementation Account is hereby established in the
Air Pollution Control Fund, and revenues collected pursuant to that
section shall be available upon appropriation by the Legislature for
purposes of carrying out Division 25.5 (commencing with Section
38500) of the Health and Safety Code, and shall be maintained
separately from all other funds in the Air Pollution Control Fund.
SEC. 26. Section 65962.5 of the
Government Code is amended to read:
65962.5. (a) The Department of Toxic Substances Control shall
compile and update as appropriate, but at least annually, and shall
submit to the Secretary for Environmental Protection, a list of all
of the following:
(1) All hazardous waste facilities subject to corrective action
pursuant to Section 25187.5 of the Health and Safety Code.
(2) All land designated as hazardous waste property or border zone
property pursuant to former Article 11 (commencing with
Section 25220) of Chapter 6.5 of Division 20 of the Health and Safety
Code.
(3) All information received by the Department of Toxic Substances
Control pursuant to Section 25242 of the Health and Safety Code on
hazardous waste disposals on public land.
(4) All sites listed pursuant to Section 25356 of the Health and
Safety Code.
(5) All sites included in the Abandoned Site Assessment Program.
(b) The State Department of Health Services shall compile and
update as appropriate, but at least annually, and shall submit to the
Secretary for Environmental Protection, a list of all public
drinking water wells that contain detectable levels of organic
contaminants and that are subject to water analysis pursuant to
Section 116395 of the Health and Safety Code.
(c) The State Water Resources Control Board shall compile and
update as appropriate, but at least annually, and shall submit to the
Secretary for Environmental Protection, a list of all of the
following:
(1) All underground storage tanks for which an unauthorized
release report is filed pursuant to Section 25295 of the Health and
Safety Code.
(2) All solid waste disposal facilities from which there is a
migration of hazardous waste and for which a California regional
water quality control board has notified the Department of Toxic
Substances Control pursuant to subdivision (e) of Section 13273 of
the Water Code.
(3) All cease and desist orders issued after January 1, 1986,
pursuant to Section 13301 of the Water Code, and all cleanup or
abatement orders issued after January 1, 1986, pursuant to Section
13304 of the Water Code, that concern the discharge of wastes that
are hazardous materials.
(d) The local enforcement agency, as designated pursuant to
Section 18051 of Title 14 of the California Code of Regulations,
shall compile as appropriate, but at least annually, and shall submit
to the California Integrated Waste Management Board,
Department of Resources Recycling and Recovery,
a list of all solid waste disposal facilities from which there is a
known migration of hazardous waste. The California
Integrated Waste Management Board Department of
Resources Recycling and Recovery shall compile the local lists
into a statewide list, which shall be submitted to the Secretary for
Environmental Protection and shall be available to any person who
requests the information.
(e) The Secretary for Environmental Protection shall consolidate
the information submitted pursuant to this section and distribute it
in a timely fashion to each city and county in which sites on the
lists are located. The secretary shall distribute the information to
any other person upon request. The secretary may charge a reasonable
fee to persons requesting the information, other than cities,
counties, or cities and counties, to cover the cost of developing,
maintaining, and reproducing and distributing the information.
(f) Before a lead agency accepts as complete an application for
any development project which will be used by any person, the
applicant shall consult the lists sent to the appropriate city or
county and shall submit a signed statement to the local agency
indicating whether the project and any alternatives are located on a
site that is included on any of the lists compiled pursuant to this
section and shall specify any list. If the site is included on a
list, and the list is not specified on the statement, the lead agency
shall notify the applicant pursuant to Section 65943. The statement
shall read as follows:
HAZARDOUS WASTE AND SUBSTANCES STATEMENT
The development project and any alternatives
proposed in this application are contained
on the lists compiled pursuant to Section
65962.5 of the Government Code. Accordingly,
the project applicant is required to submit
a signed statement that contains the
following information:
Name of applicant:
Address:
Phone number:
Address of site (street name and number if
available, and ZIP Code):
Local agency (city/county):
Assessor's book, page, and parcel number:
Specify any list pursuant to Section 65962.5
of the Government Code:
Regulatory identification number:
Date of list:
_________________
Applicant, Date
(g) The changes made to this section by the act amending this
section, that takes effect January 1, 1992, apply only to projects
for which applications have not been deemed complete on or before
January 1, 1992, pursuant to Section 65943.
SEC. 27. Section 25114.5 is added to the
Health and Safety Code , to read:
25114.5. "Environmental assessor" means an environmental
professional as defined in Section 312.10 of Title 40 of the Code of
Federal Regulations. Notwithstanding Section 25110, this definition
shall apply for all California statutes, unless the context requires
otherwise.
SEC. 28. Section 25117.3 of the Health
and Safety Code is repealed.
25117.3. (a) "Hazardous waste property" means land which is
either of the following:
(1) Any hazardous waste facility or portion thereof, required to
be permitted pursuant to this chapter, which has a permit for
disposal from the department or has submitted an application for such
a permit.
(2) A portion of any land designated as a hazardous waste property
pursuant to Section 25229 where a significant disposal of hazardous
waste has occurred on, under, or into the land resulting in a
significant existing or potential hazard to present or future public
health or safety.
(b) "Hazardous waste property" does not mean residential land that
has never received waste chemicals from an industrial, commercial,
agricultural, research, or business activity.
SEC. 29. Section 25117.4 of the Health
and Safety Code is repealed.
25117.4. "Border zone property" means any property designated as
border zone property pursuant to Section 25229 which is within 2,000
feet of a significant disposal of hazardous waste, and the wastes so
located are a significant existing or potential hazard to present or
future public health or safety on the land in question.
SEC. 30. Section 25149.3 of the Health
and Safety Code is repealed.
25149.3. (a) Upon the request of any interested person, the
department shall examine and determine whether or not the use of any
property for any one of the purposes set forth in paragraph (1) of
subdivision (b) of Section 25232 constitutes a significant existing
or potential hazard to present or future health or safety because of
the proximity of the property to an existing hazardous waste facility
as defined in this article. If the department determines that a
significant existing or potential hazard to present or future public
health or safety exists on the property, it shall give notice and
hold a public hearing. If a significant disposal of hazardous waste
has occurred on that property or if the property is within 2,000 feet
of a significant disposal of hazardous waste, the department shall
hold this public hearing pursuant to Article 11 (commencing with
Section 25220) and the director may make a designation of that
property pursuant to that article. If the department determines that
there is no significant existing or potential hazard to present or
future public health or safety on the property, it shall so notify
the person who requested the determination and the local
jurisdiction.
(b) All costs incurred by the department pursuant to this section,
including the costs of any hearing, shall be borne by the person
making the request. The authority conferred on the department,
pursuant to this section, shall be in addition to its authority with
respect to the regulation of hazardous waste property and border zone
property. A special account administered by the department shall be
established for each request made to the department for the
examination and determination specified in subdivision (a). The
department shall provide the requesting person an estimate of the
amount of money which would be necessary to accomplish the
examination, determination, and any subsequent hearing by the
department pursuant to that request.
The estimated amount, which shall be paid to the department
before the department undertakes any activity pursuant to subdivision
(a), shall be deposited in the special account. Expenditures from
this special account shall not be made in excess of the total amount
of money in that special account at any time. Expenditures in excess
of the initial deposit may be made only when additional money is
received from the requesting person and deposited into the account.
Notwithstanding any other provision of law, the department may
enter into contracts for any action taken, or to be taken, pursuant
to subdivision (a). These contracts do not require approval by the
Department of General Services pursuant to Article 1 (commencing with
Section 14780) of Chapter 6 of Part 5.5 of Division 3 of Title 2 of
the Government Code.
(c) A local jurisdiction shall not take any action with respect to
the uses of land for any of those purposes, including, but not
limited to, a general plan amendment, zoning change, or the
imposition of conditions on the use of property, which land is
subject to an existing zoning classification which permits the uses
set forth in paragraph (1) of subdivision (b) of Section 25232 for
which an examination and determination has been requested pursuant to
subdivision (a), solely on the basis of a health hazard due to the
property's proximity to an existing hazardous waste facility, unless
the department has made a determination, pursuant to subdivision (a),
that those uses of the property constitute a significant existing or
potential hazard to present or future public health or safety.
(d) No application for a building permit or for the use of
property which is the subject of a request pursuant to subdivision
(a) shall be acted upon pending a determination by the department,
unless the permit or use is not for a purpose set forth in paragraph
(1) of subdivision (b) of Section 25232.
The department shall act upon the request within 90 days.
(e) This section does not apply to any land or property which is
more than one mile from a significant disposal of hazardous waste
within an existing hazardous waste facility, as defined in this
article.
SEC. 31. 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 6.86 (commencing with Section
25396).
(3) Fines or penalties collected pursuant to this chapter, Chapter
6.8 (commencing with Section 25300) or Chapter 6.85
6.86 (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 6.86 (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)
(11) Direct site remediation costs.
(13)
(12) For the department's expenses for staff to perform
oversight of investigations, characterizations, removals,
remediations, or long-term operation and maintenance.
(14)
(13) For the administration and collection of the fees
imposed pursuant to Section 25205.6.
(15)
( 14) 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 6.86 (commencing with Section 25396).
(16)
(15) For funding the California Environmental
Contaminant Biomonitoring Program established pursuant to Chapter 8
(commencing with Section 105440) of Part 5 of Division 103.
(17)
(16) 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. 32. Section 25173.7 of the Health
and Safety Code is amended to read:
25173.7. (a) It is the intent of the Legislature that funds
deposited in the Toxic Substances Control Account shall be
appropriated in the annual Budget Act each year in the following
manner:
(1) Not less than six million seven hundred fifty thousand dollars
($6,750,000) to the Site Remediation Account in the General Fund for
direct site remediation costs, as defined in Section 25337. The
amount specified in this paragraph shall be increased in any fiscal
year by the amount of increased revenues specified by the Legislature
in the Budget Act for that fiscal year pursuant to subdivision (g)
of Section 25205.6.
(2) Not less than four hundred thousand dollars ($400,000) to the
Expedited Site Remediation Trust Fund in the State Treasury, created
pursuant to subdivision (a) of Section 25399.1, for purposes of
paying the orphan share of response costs pursuant to former
Chapter 6.85 (commencing with Section 25396).
(3) An amount that does not exceed the costs incurred by the State
Board of Equalization, a private party, or other public agency, to
administer and collect the fees imposed pursuant to Article 9.1
(commencing with Section 25205.1) and deposited into the Toxic
Substances Control Account, for the purpose of reimbursing the State
Board of Equalization, public agency, or private party, for those
costs.
(4) Commencing with the 1999-2000 fiscal year and annually
thereafter, not less than one million fifty thousand dollars
($1,050,000) for purposes of establishing and implementing a program
pursuant to Sections 25244.15.1, 25244.17.1, 25244.17.2, 25244.22,
and 25244.24 to encourage hazardous waste generators to implement
pollution prevention measures.
(5) Funds not appropriated as specified in paragraphs (1) to (4),
inclusive, may be appropriated for any of the purposes specified in
subdivision (b) of Section 25173.6, except the purposes specified in
subparagraph (C) of paragraph (1) of, and paragraph (14)
(13) of, subdivision (b) of Section 25173.6.
(b) (1) The amounts specified in paragraphs (1) to (3), inclusive,
of subdivision (a) are the amounts that the Legislature intends to
appropriate for the 1998-99 fiscal year for the purposes specified in
those paragraphs, and the amount specified in paragraph (4) of
subdivision (a) is the amount the Legislature intends to appropriate
for the 1999-2000 fiscal year for the purposes specified in that
paragraph. Beginning with the 1999-2000 fiscal year, and for each
fiscal year thereafter, the amounts specified in paragraphs (1) to
(3), inclusive, of subdivision (a), and beginning with the 2000-01
fiscal year, and for each fiscal year thereafter, the amount
specified in paragraph (4) of subdivision (a) shall be adjusted
annually to reflect increases or decreases in the cost of living
during the prior fiscal year, as measured by the Consumer Price Index
issued by the Department of Industrial Relations or by a successor
agency.
(2) Notwithstanding paragraph (1), the department may, upon the
approval of the Legislature in a statute or the annual Budget Act,
take either of the following actions:
(A) Reduce the amounts specified in paragraphs (1) to (4),
inclusive, of subdivision (a), if there are insufficient funds in the
Toxic Substances Control Account.
(B) Suspend the transfer specified in paragraph (2) of subdivision
(a), if there are no orphan shares pending payment pursuant to
former Chapter 6.85 (commencing with Section 25396).
SEC. 33. Section 25174 of the Health
and Safety Code is amended to read:
25174. (a) There is in the General Fund the Hazardous Waste
Control Account, which shall be administered by the director. In
addition to any other money that may be deposited in the Hazardous
Waste Control Account, pursuant to statute, all of the following
amounts shall be deposited in the account:
(1) The fees collected pursuant to Sections 25174.1, 25205.2,
25205.5, 25205.15, and 25205.16.
(2) The fees collected pursuant to Section 25187.2, to the extent
that those fees are for the oversight of corrective action taken
under this chapter.
(3) Any interest earned upon the money deposited in the Hazardous
Waste Control Account.
(4) Any money received from the federal government pursuant to the
federal act.
(5) Any reimbursements for funds expended from the Hazardous Waste
Control Account for services provided by the department pursuant to
this chapter, including, but not limited to, the reimbursements
required pursuant to Sections 25201.9 and 25205.7.
(b) The funds deposited in the Hazardous Waste Control Account may
be appropriated by the Legislature, for expenditure as follows:
(1) To the department for the administration and implementation of
this chapter.
(2) To the department for allocation to the State Board of
Equalization to pay refunds of fees collected pursuant to Sections
43051 and 43053 of the Revenue and Taxation Code and for the
administration and collection of the fees imposed pursuant to Article
9.1 (commencing with Section 25205.1) that are deposited into the
Hazardous Waste Control Account.
(3) To the department for the costs of performance or review of
analyses of past, present, or potential environmental public health
effects related to toxic substances, including extremely hazardous
waste, as defined in Section 25115, and hazardous waste, as defined
in Section 25117.
(4) (A) To the department for allocation to the office of the
Attorney General for the support of the Toxic Substance Enforcement
Program in the office of the Attorney General, in carrying out the
purposes of this chapter.
(B) On or before October 1 of each year, the Attorney General
shall report to the Legislature on the expenditure of any funds
allocated to the office of the Attorney General for the preceding
fiscal year pursuant to this paragraph and paragraph (15)
(14) of subdivision (b) of Section 25173.6. The
report shall include all of the following:
(i) A description of cases resolved by the office of the Attorney
General through settlement or court order, including the monetary
benefit to the department and the state.
(ii) A description of injunctions or other court orders benefiting
the people of the state.
(iii) A description of any cases in which the Attorney General's
Toxic Substance Enforcement Program is representing the department or
the state against claims by defendants or responsible parties.
(iv) A description of other pending litigation handled by the
Attorney General's Toxic Substance Enforcement Program.
(C) Nothing in subparagraph (C) shall require the Attorney General
to report on any confidential or investigatory matter.
(5) To the department for administration and implementation of
Chapter 6.11 (commencing with Section 25404).
(c) (1) Expenditures from the Hazardous Waste Control Account for
support of state agencies other than the department shall, upon
appropriation by the Legislature to the department, be subject to an
interagency agreement or similar mechanism between the department and
the state agency receiving the support.
(2) The department shall, at the time of the release of the annual
Governor's Budget, describe the budgetary amounts proposed to be
allocated to the State Board of Equalization, as specified in
paragraph (2) of subdivision (b) and in paragraph (3) of subdivision
(b) of Section 25173.6, for the upcoming fiscal year.
(3) It is the intent of the Legislature that moneys appropriated
in the annual Budget Act each year for the purpose of reimbursing the
State Board of Equalization, a private party, or other public
agency, for the administration and collection of the fees imposed
pursuant to Article 9.1 (commencing with Section 25205.1) and
deposited in the Hazardous Waste Control Account, shall not exceed
the costs incurred by the State Board of Equalization, the private
party, or other public agency, for the administration and collection
of those fees.
(d) With respect to expenditures for the purposes of paragraphs
(1) and (3) of subdivision (b) and paragraphs (1) and (2) of
subdivision (b) of Section 25173.6, the department shall, at the time
of the release of the annual Governor's Budget, also make available
the budgetary amounts and allocations of staff resources of the
department proposed for the following activities:
(1) The department shall identify, by permit type, the projected
allocations of budgets and staff resources for hazardous waste
facilities permits, including standardized permits, closure plans,
and postclosure permits.
(2) The department shall identify, with regard to surveillance and
enforcement activities, the projected allocations of budgets and
staff resources for the following types of regulated facilities and
activities:
(A) Hazardous waste facilities operating under a permit or grant
of interim status issued by the department, and generator activities
conducted at those facilities. This information shall be reported by
permit type.
(B) Transporters.
(C) Response to complaints.
(3) The department shall identify the projected allocations of
budgets and staff resources for both of the following activities:
(A) The registration of hazardous waste transporters.
(B) The operation and maintenance of the hazardous waste manifest
system.
(4) The department shall identify, with regard to site mitigation
and corrective action, the projected allocations of budgets and staff
resources for the oversight and implementation of the following
activities:
(A) Investigations and removal and remedial actions at military
bases.
(B) Voluntary investigations and removal and remedial actions.
(C) State match and operation and maintenance costs, by site, at
joint state and federally funded National Priority List Sites.
(D) Investigation, removal and remedial actions, and operation and
maintenance at the Stringfellow Hazardous Waste Site.
(E) Investigation, removal and remedial actions, and operation and
maintenance at the Casmalia Hazardous Waste Site.
(F) Investigations and removal and remedial actions at
nonmilitary, responsible party lead National Priority List Sites.
(G) Preremedial activities under the federal Comprehensive
Environmental Response, Compensation, and Liability Act of 1980 (42
U.S.C. Sec. 9601 et seq.).
(H) Investigations, removal and remedial actions, and operation
and maintenance at state-only orphan sites.
(I) Investigations and removal and remedial actions at
nonmilitary, non-National Priority List responsible party lead sites.
(J) Investigations, removal and remedial actions, and operation
and maintenance at Expedited Remedial Action Program sites pursuant
to former Chapter 6.85 (commencing with Section 25396).
(K) Corrective actions at hazardous waste facilities.
(5) The department shall identify, with regard to the regulation
of hazardous waste, the projected allocation of budgets and staff
resources for the following activities:
(A) Determinations pertaining to the classification of hazardous
wastes.
(B) Determinations for variances made pursuant to Section 25143.
(C) Other determinations and responses to public inquiries made by
the department regarding the regulation of hazardous waste and
hazardous substances.
(6) The department shall identify projected allocations of budgets
and staff resources needed to do all of the following:
(A) Identify, remove, store, and dispose of, suspected hazardous
substances or hazardous materials associated with the investigation
of clandestine drug laboratories.
(B) Respond to emergencies pursuant to Section 25354.
(C) Create, support, maintain, and implement the railroad accident
prevention and immediate deployment plan developed pursuant to
Section 7718 of the Public Utilities Code.
(7) The department shall identify projected allocations of budgets
and staff resources for the administration and implementation of the
unified hazardous waste and hazardous materials regulatory program
established pursuant to Chapter 6.11 (commencing with Section 25404).
(8) The department shall identify the total cumulative
expenditures of the Regulatory Structure Update and Site Mitigation
Update projects since their inception, and shall identify the total
projected allocations of budgets and staff resources that are needed
to continue these projects.
(9) The department shall identify the total projected allocations
of budgets and staff resources that are necessary for all other
activities proposed to be conducted by the department.
(e) Notwithstanding this chapter, or Part 22 (commencing with
Section 43001) of Division 2 of the Revenue and Taxation Code, for
any fees, surcharges, fines, penalties, and funds that are required
to be deposited into the Hazardous Waste Control Account or the Toxic
Substances Control Account, the department, with the approval of the
Secretary for Environmental Protection, may take any of the
following actions:
(1) Assume responsibility for, or enter into a contract with a
private party or with another public agency, other than the State
Board of Equalization, for the collection of any fees, surcharges,
fines, penalties and funds described in subdivision (a) or otherwise
described in this chapter or Chapter 6.8 (commencing with Section
25300), for deposit into the Hazardous Waste Control Account or the
Toxic Substances Control Account.
(2) Administer, or by mutual agreement, contract with a private
party or another public agency, for the making of those
determinations and the performance of functions that would otherwise
be the responsibility of the State Board of Equalization pursuant to
this chapter, Chapter 6.8 (commencing with Section 25300), or Part 22
(commencing with Section 43001) of Division 2 of the Revenue and
Taxation Code, if those activities and functions for which the State
Board of Equalization would otherwise be responsible become the
responsibility of the department or, by mutual agreement, the
contractor selected by the department.
(f) If, pursuant to subdivision (e), the department, or a private
party or another public agency, pursuant to a contract with the
department, performs the determinations and functions that would
otherwise be the responsibility of the State Board of Equalization,
the department shall be responsible for ensuring that persons who are
subject to the fees
specified in subdivision (e) have equivalent rights to public notice
and comment, and procedural and substantive rights of appeal, as
afforded by the procedures of the State Board of Equalization
pursuant to Part 22 (commencing with Section 43001) of Division 2 of
the Revenue and Taxation Code. Final responsibility for the
administrative adjustment of fee rates and the administrative appeal
of any fees or penalty assessments made pursuant to this section may
only be assigned by the department to a public agency.
(g) If, pursuant to subdivision (e), the department, or a private
party or another public agency, pursuant to a contract with the
department, performs the determinations and functions that would
otherwise be the responsibility of the State Board of Equalization,
the department shall have equivalent authority to make collections
and enforce judgments as provided to the State Board of Equalization
pursuant to Part 22 (commencing with Section 43001) of Division 2 of
the Revenue and Taxation Code. Unpaid amounts, including penalties
and interest, shall be a perfected and enforceable state tax lien in
accordance with Section 43413 of the Revenue and Taxation Code.
(h) The department, with the concurrence of the Secretary for
Environmental Protection, shall determine which administrative
functions should be retained by the State Board of Equalization,
administered by the department, or assigned to another public agency
or private party pursuant to subdivisions (e), (f), and (g).
(i) The department may adopt regulations to implement subdivisions
(e) to (h), inclusive.
(j) The Director of Finance, upon request of the director, may
make a loan from the General Fund to the Hazardous Waste Control
Account to meet cash needs. The loan shall be subject to the
repayment provisions of Section 16351 of the Government Code and the
interest provisions of Section 16314 of the Government Code.
(k) The department shall establish, within the Hazardous Waste
Control Account, a reserve of at least one million dollars
($1,000,000) each year to ensure that all programs funded by the
Hazardous Waste Control Account will not be adversely affected by any
revenue shortfalls.
SEC. 34. Section 25185.5 of the Health
and Safety Code is amended to read:
25185.5. In order to carry out For a
property that is designated as a hazardous waste property or border
zone property pursuant to the purposes of
former Article 11 (commencing with Section 25220),
any an authorized representative of the
department may, at any reasonable hour of the day, or as authorized
pursuant to Title 13 (commencing with Section 1822.50) of Part 3 of
the Code of Civil Procedure, enter and inspect any real property
which that is within 2,000 feet of a
deposit of hazardous waste or a hazardous waste property and do any
of the following:
(a) Obtain samples of the soil, vegetation, air, water, and biota
on or beneath the land.
(b) Set up and maintain monitoring equipment for the purpose of
assessing or measuring the actual or potential migration of hazardous
wastes on, beneath, or toward the land.
(c) Survey and determine the topography and geology of the land.
(d) Photograph any equipment, sample, activity, or environmental
condition described in subdivision (a), (b), or (c). The photographs
shall be subject to the requirements of subdivision (d) of Section
25185.
(e) This section does not apply to any hazardous waste facility
which that is required to be permitted
pursuant to this chapter and which that
is subject to inspection pursuant to Section 25185.
(f) An inspector who inspects pursuant to this section shall make
a reasonable effort to inform the owner or his or her authorized
representative of the inspection and shall provide split samples to
the owner or representative upon request and shall comply with the
provisions of subdivision (b) of Section 25185.
SEC. 35. Section 25200.14 of the Health
and Safety Code is amended to read:
25200.14. (a) For purposes of this section, "phase I
environmental assessment" means a preliminary site assessment based
on reasonably available knowledge of the facility, including, but not
limited to, historical use of the property, prior releases, visual
and other surveys, records, consultant reports, and regulatory agency
correspondence.
(b) (1) Except as provided in paragraph (2) and in subdivision
(i), in implementing the requirements of Section 25200.10 for
facilities operating pursuant to a permit-by-rule under the
regulations adopted by the department regarding transportable
treatment units and fixed treatment units, which are contained in
Chapter 45 (commencing with Section 67450.1) of Division 4.5 of Title
22 of the California Code of Regulations, or for generators
operating pursuant to a grant of conditional authorization under
Section 25200.3, the department or the unified program agency
authorized to implement this section pursuant to Section 25404.1
shall require the owner or operator of the facility or the generator
to complete and file a phase I environmental assessment with the
department or the authorized unified program agency not later than
one year from the date of adoption of the checklist specified in
subdivision (f), but not later than January 1, 1997, or one year from
the date that the facility or generator becomes authorized to
operate, whichever date is later. After submitting a phase I
environmental assessment, the owner or operator of the facility or
the generator shall subsequently submit to the department or the
authorized unified program agency, during the next regular reporting
period, if any, updated information obtained by the facility owner or
operator or the generator concerning releases subsequent to the
submission of the phase I environmental assessment.
(2) Paragraph (1) does not apply to a facility owner or operator
that is conducting, or has conducted, a site assessment of the entire
facility or to a generator that is conducting, or has conducted, a
site assessment of the entire facility of the generator in accordance
with an order issued by a California regional water quality control
board or any other state or federal environmental enforcement agency.
(c) An assessment which that would
otherwise meet the requirements of this section that is prepared for
another purpose and was completed not more than three years prior to
the date by which the facility owner or operator or the generator is
required to submit a phase I environmental assessment may be used to
comply with this section if the assessment is supplemented by any
relevant updated information reasonably available to the facility
owner or operator or to the generator.
(d) The department or the unified program agency authorized to
implement this section pursuant to Section 25404.1 shall not require
sampling or testing as part of the phase I environmental assessment.
A phase I environmental assessment shall be certified by the facility
owner or operator or by the generator, or by their designee, or by a
certified professional engineer, or a geologist, or a
registered an environmental assessor. The phase
I environmental assessment shall indicate whether the preparer
believes that further investigation, including sampling and analysis,
is necessary to determine whether a release has occurred, or to
determine the extent of a release from a solid waste management unit
or hazardous waste management unit.
(e) (1) If the results of a phase I environmental assessment
conducted pursuant to subdivision (b) indicate that further
investigation is needed to determine the existence or extent of a
release from a solid waste management unit or hazardous waste
management unit, the facility owner or operator or the generator
shall submit a schedule, within 90 days from the date of submission
of the phase I environmental assessment, for that further
investigation to the department or to the unified program agency
authorized to implement this section pursuant to Section 25404.1. If
the department or the authorized unified program agency determines,
based upon a review of the phase I environmental assessment or other
site-specific information in its possession, that further
investigation is needed to determine the existence or extent of a
release from a solid waste management unit or hazardous waste
management unit, in addition to any further action proposed by the
facility owner or operator or the generator, or determines that a
different schedule is necessary to prevent harm to human health and
safety or to the environment, the department or the authorized
unified program agency shall inform the facility owner or operator or
the generator of that determination and shall set a reasonable time
period in which to accomplish that further investigation.
(2) In determining if a schedule is acceptable for investigation
or remediation of any facility or generator subject to this section,
the department may require more expeditious action if the department
determines that hazardous constituents are mobile and are likely
moving toward, or have entered, a source of drinking water, as
defined by the State Water Resources Control Board, or determines
that more expeditious action is otherwise necessary to protect human
health or safety or the environment. To the extent that the
department determines that the hazardous constituents are relatively
immobile, or that more expeditious action is otherwise not necessary
to protect public health or safety or the environment, the department
may allow a longer schedule to allow the facility or generator to
accumulate a remediation fund, or other financial assurance
mechanism, prior to taking corrective action.
(3) If a facility owner or operator or the generator is conducting
further investigation to determine the nature or extent of a release
pursuant to, and in compliance with, an order issued by a California
regional water quality control board or other state or federal
environmental enforcement agency, the department or the authorized
unified program agency shall deem that investigation adequate for the
purposes of determining the nature and extent of the release or
releases that the order addressed, as the investigation pertains to
the jurisdiction of the ordering agency.
(f) The department shall develop a checklist to be used by
facility owners or operators and generators in conducting a phase I
environmental assessment. The development and publication of the
checklist is not subject to Chapter 3.5 (commencing with Section
11340) of Part 1 of Division 3 of Title 2 of the Government Code. The
department shall hold at least one public workshop concerning the
development of the checklist. The checklist shall not exceed the
phase I requirements adopted by the American Society for Testing and
Materials (ASTM) for due diligence for commercial real estate
transactions. The department shall deem compliance with those ASTM
standards, or compliance with the checklist developed and published
by the department, as meeting the phase I environmental assessment
requirements of this section.
(g) A facility, or to the extent required by the regulations
adopted by the department, a transportable treatment unit, operating
pursuant to a permit-by-rule shall additionally comply with the
remaining corrective action requirements specified in Section 67450.7
of Title 22 of the California Code of Regulations, in effect on
January 1, 1992.
(h) A generator operating pursuant to a grant of conditional
authorization pursuant to Section 25200.3 shall additionally comply
with paragraph (3) of subdivision (c) of Section 25200.3.
(i) The department or the authorized unified program agency shall
not require a phase I environmental assessment for those portions of
a facility subject to a corrective action order issued pursuant to
Section 25187, a cleanup and abatement order issued pursuant to
Section 13304 of the Water Code, or a corrective action required
under subsection (u) of Section 6924 of Title 42 of the United States
Code or subsection (h) of Section 6928 of Title 42 of the United
States Code.
SEC. 36. Section 25201.6 of the Health
and Safety Code is amended to read:
25201.6. (a) For purposes of this section and Section 25205.2,
the following terms have the following meaning:
(1) "Series A standardized permit" means a permit issued to a
facility that meets one or more of the following conditions:
(A) The total influent volume of liquid hazardous waste treated is
greater than 50,000 gallons per calendar month.
(B) The total volume of solid hazardous waste treated is greater
than 100,000 pounds per calendar month.
(C) The total facility storage design capacity is greater than
500,000 gallons for liquid hazardous waste.
(D) The total facility storage design capacity is greater than 500
tons for solid hazardous waste.
(E) A volume of liquid or solid hazardous waste is stored at the
facility for more than one calendar year.
(2) "Series B standardized permit" means a permit issued to a
facility that does not store liquid or solid hazardous waste for a
period of more than one calendar year, that does not exceed any of
the upper volume limits specified in subparagraphs (A) to (D),
inclusive, and that meets one or more of the following conditions:
(A) The total influent volume of liquid hazardous waste treated is
greater than 5,000 gallons, but does not exceed 50,000 gallons, per
calendar month.
(B) The total volume of solid hazardous waste treated is greater
than 10,000 pounds, but does not exceed 100,000 pounds, per calendar
month.
(C) The total facility storage design capacity is greater than
50,000 gallons, but does not exceed 500,000 gallons, for liquid
hazardous waste.
(D) The total facility storage design capacity is greater than
100,000 pounds, but does not exceed 500 tons, for solid hazardous
waste.
(3) "Series C standardized permit" means a permit issued to a
facility that does not store liquid or solid hazardous waste for a
period of more than one calendar year, that does not conduct thermal
treatment of hazardous waste, with the exception of evaporation, and
that either meets the requirements of paragraph (3) of subdivision
(g) or meets all of the following conditions:
(A) The total influent volume of liquid hazardous waste treated
does not exceed 5,000 gallons per calendar month.
(B) The total volume of solid hazardous waste treated does not
exceed 10,000 pounds per calendar month.
(C) The total facility storage design capacity does not exceed
50,000 gallons for liquid hazardous waste.
(D) The total facility storage design capacity does not exceed
100,000 pounds for solid hazardous waste.
(b) The department shall adopt regulations specifying standardized
hazardous waste facilities permit application forms that may be
completed by a non-RCRA Series A, B, or C treatment, storage, or
treatment and storage facility, in lieu of other hazardous waste
facilities permit application procedures set forth in regulations.
The department shall not issue permits under this section to specific
classes of facilities unless the department finds that doing so will
not create a competitive disadvantage to a member or members of that
class that were in compliance with the permitting requirements which
were in effect on September 1, 1992.
(c) The regulations adopted pursuant to subdivision (b) shall
include all of the following:
(1) Require that the standardized permit notification be submitted
to the department on or before October 1, 1993, for facilities
existing on or before September 1, 1992, except for facilities
specified in paragraphs (2) and (3) of subdivision (g). The
standardized permit notification shall include, at a minimum, the
information required for a Part A application as described in the
regulations adopted by the department.
(2) Require that the standardized permit application be submitted
to the department within six months of the submittal of the
standardized permit notification. The standardized permit application
shall require, at a minimum, that the following information be
submitted to the department for review prior to the final permit
determination:
(A) A description of the treatment and storage activities to be
covered by the permit, including the type and volumes of waste, the
treatment process, equipment description, and design capacity.
(B) A copy of the closure plan as required by paragraph (13) of
subdivision (b) of Section 66270.14 of Title 22 of the California
Code of Regulations.
(C) A description of the corrective action program, as required by
Section 25200.10.
(D) Financial responsibility documents specified in paragraph (17)
of subdivision (b) of Section 66270.14 of Title 22 of the California
Code of Regulations.
(E) A copy of the topographical map as specified in paragraph (18)
of subdivision (b) of Section 66270.14 of Title 22 of the California
Code of Regulations.
(F) A description of the individual container, and tank and
containment system, and of the engineer's certification, as specified
in Sections 66270.15 and 66270.16 of Title 22 of the California Code
of Regulations.
(G) Documentation of compliance, if applicable, with the
requirements of Article 8.7 (commencing with Section 25199).
(3) Require that a facility operating pursuant to a standardized
permit comply with the liability assurance requirements in Section
25200.1.
(4) Specify which of the remaining elements of the permit
application, as described in subdivision (b) of Section 66270.14 of
Title 22 of the California Code of Regulations, shall be the subject
of a certification of compliance by the applicant.
(5) Establish a procedure for imposing an administrative penalty
pursuant to Section 25187, in addition to any other penalties
provided by this chapter, upon an owner or operator of a treatment or
storage facility that is required to obtain a hazardous waste
facilities permit and that meets the criteria for a Series A, B, or C
permit listed in subdivision (a), who does not submit a standardized
permit notification to the department on or before the submittal
deadline specified in paragraph (1) or the submittal deadline
specified in paragraph (2) or (3) of subdivision (g), whichever date
is applicable, and who continues to operate the facility without
obtaining a hazardous waste facilities permit or other grant of
authorization from the department after the applicable deadline for
submitting the notification to the department. In determining the
amount of the administrative penalty to be assessed, the regulations
shall require the amount to be based upon the economic benefit gained
by that owner or operator as a result of failing to comply with this
section.
(6) Require that a facility operating pursuant to a standardized
permit comply, at a minimum, with the interim status facility
operating requirements specified in the regulations adopted by the
department, except that the regulations adopted pursuant to this
section may specify financial assurance amounts necessary to
adequately respond to damage claims at levels that are less than
those required for interim status facilities if the department
determines that lower financial assurance levels are appropriate.
(d) (1) Any regulations adopted pursuant to this section may be
adopted as emergency regulations in accordance with Chapter 3.5
(commencing with Section 11340) of Part 1 of Division 3 of Title 2 of
the Government Code.
(2) On and before January 1, 1995, the adoption of the regulations
pursuant to paragraph (1) is an emergency and shall be considered by
the Office of Administrative Law as necessary for the immediate
preservation of the public peace, health and safety, and general
welfare.
(e) The department may not grant a permit under this section
unless the department has determined the adequacy of the material
submitted with the application and has conducted an inspection of the
facility and determined all of the following:
(1) The treatment process is an effective method of treating the
waste, as described in the permit application.
(2) The corrective action plan is appropriate for the facility.
(3) The financial assurance is sufficient for the facility.
(f) (1) Interim status shall not be granted to a facility that
does not submit a standardized permit notification on or before
October 1, 1993, unless the facility is subject to paragraph (2) or
(3) of subdivision (g).
(2) Interim status shall be revoked if the permit application is
not submitted within six months of the permit notification.
(3) Interim status granted to any facility pursuant to this
section and Sections 25200.5 and 25200.9 shall terminate upon a final
permit determination or January 1, 1998, whichever date is earlier.
This paragraph shall apply retroactively to facilities for which a
final permit determination is made on or after September 30, 1995.
(4) A treatment, storage, or treatment and storage facility
operating pursuant to interim status that applies for a permit
pursuant to this section shall pay fees to the department in an
amount equal to the fees established by subdivision (e) of Section
25205.4 for the same size and type of facility.
(g) (1) Except as provided in paragraphs (2), (3), and (4), a
facility treating used oil or solvents, or that engages in
incineration, thermal destruction, or any land disposal activity, is
not eligible for a standardized permit pursuant to this section.
(2) (A) Notwithstanding paragraph (1), an offsite facility
treating solvents is eligible for a standardized permit pursuant to
this section if all of the following conditions are met:
(i) The facility exclusively treats solvent wastes, and is not
required to obtain a permit pursuant to the federal act.
(ii) The solvent wastes that the facility treats are only the
types of solvents generated from dry cleaning operations.
(iii) Ninety percent or more of the solvents that the facility
receives are from dry cleaning operations.
(iv) Ninety percent or more of the solvents that the facility
receives are recycled and sold by the facility, excluding recycling
for energy recovery, provided that the facility does not produce more
than 15,000 gallons per month of recycled solvents.
(B) A facility that is eligible for a standardized permit pursuant
to this paragraph is also eligible for the fee exemption provided in
subdivision (d) of Section 25205.12 for any year or reporting period
prior to January 1, 1995, if the owner or operator complies with the
notification and application requirements of this section on or
before March 1, 1995.
(C) A facility treating solvents pursuant to this paragraph shall
clearly label all recycled solvents as recycled prior to subsequent
sale or distribution.
(D) Notwithstanding that a facility eligible for a standardized
permit pursuant to this paragraph meets the eligibility requirements
for a Series C standardized permit specified in paragraph (3) of
subdivision (a), the facility shall obtain and meet the requirements
for a Series B standardized permit specified in paragraph (2) of
subdivision (a).
(E) Notwithstanding any other provision of this chapter, for
purposes of this paragraph, if the recycled material is to be used
for dry cleaning, "recycled" means the removal of water and
inhibitors from waste solvent and the production of dry cleaning
solvent with an appropriate inhibitor for dry cleaning use. The
removal of inhibitors is not required if all of the solvents received
by the facility that are recycled for dry cleaning use are from dry
cleaners.
(3) (A) Notwithstanding paragraph (1), an owner or operator with a
surface impoundment used only to contain non-RCRA wastes generated
onsite, that holds those wastes for not more than one 30-day period
in any calendar year, and that meets the criteria specified in
paragraphs (i) to (iii), inclusive, may submit a Series C
standardized permit application to the department. A surface
impoundment is eligible for operation under the Series C standardized
permit tier if all of the following requirements are met:
(i) The waste and any residual materials are removed from the
surface impoundment within 30 days of the date the waste was first
placed into the surface impoundment.
(ii) The owner or operator has, and is in compliance with, current
waste discharge requirements issued by the appropriate California
regional water quality control board for the surface impoundment.
(iii) The owner or operator complies with all applicable
groundwater monitoring requirements of the regulations adopted by the
department pursuant to this chapter.
(B) A facility that is eligible for a standardized permit pursuant
to this paragraph is also eligible for the fee exemption provided in
subdivision (d) of Section 25205.12 for any year or reporting period
prior to January 1, 1996, if the owner or operator complies with the
notification and application requirements of this section on or
before March 1, 1996.
(4) For purposes of this subdivision, treating solvents and
thermal destruction do not include the destruction of nonmetal
constituents in a thermal treatment unit that is operated solely for
the purpose of the recovery of precious metals, if that unit is
operating pursuant to a standardized permit issued by the department
and the unit is in compliance with the applicable requirements of
Division 26 (commencing with Section 39000). This paragraph does not
prohibit the department from specifying, in the standardized permit
for such a unit, a maximum concentration of nonmetal constituents, if
the department determines that this requirement is necessary for
protection of human health or safety or the environment.
(h) Facilities operating pursuant to this section shall comply
with Article 4 (commencing with Section 66270.40) of Chapter 20 of
Division 4.5 of Title 22 of the California Code of Regulations.
(i) (1) The department shall require an owner or operator applying
for a standardized permit to complete and file a phase I
environmental assessment with the application. However, if a RCRA
facility assessment has been performed by the department, the
assessment shall be deemed to satisfy the requirement of this
subdivision to complete and file a phase I environmental assessment,
and the facility shall not be required to submit a phase I
environmental assessment with its application.
(2) (A) For purposes of this subdivision, the phase I
environmental assessment shall include a preliminary site assessment,
as described in subdivision (a) of Section 25200.14, except that the
phase I environmental
assessment shall also include a certification, signed, except as
provided in subparagraph (B), by the owner, and also by the operator
if the operator is not the owner, of the facility and an independent
professional engineer, geologist, engineer
or environmental assessor geologist
registered in the state. state, or
environmental assessor.
(B) Notwithstanding subparagraph (A), the certification for a
permanent household waste collection facility may be signed by any
professional engineer, geologist, engineer
or environmental assessor geologist
registered in the this state,
or environmental assessor, including, but not limited to,
such a person employed by the governmental entity, but if the
facility owner is not a governmental entity, the engineer, geologist,
or assessor signing the certification shall not be employed by, or
be an agent of, the facility owner.
(3) The certification specified in paragraph (2) shall state
whether evidence of a release of hazardous waste or hazardous
constituents has been found.
(4) If evidence of a release has been found, the facility shall
complete a detailed site assessment to determine the nature and
extent of any contamination resulting from the release and shall
submit a corrective action plan to the department, within one year of
submittal of the standardized permit application.
(j) The department shall establish an inspection program to
identify, inspect, and bring into compliance any treatment, storage,
or treatment and storage facility that is eligible for, and is
required to obtain, a standardized hazardous waste facilities permit
pursuant to this section, and that is operating without a permit or
other grant of authorization from the department for that treatment
or storage activity.
(k) A treatment, storage, or treatment and storage facility
authorized to operate pursuant to a hazardous waste facilities permit
issued pursuant to Section 25200, that meets the criteria listed in
subdivision (a) for a standardized permit, may operate pursuant to a
Series A, B, or C standardized permit by completing the appropriate
permit modification procedure specified in the regulations for such a
modification.
SEC. 37. Section 25202.5 of the Health
and Safety Code is amended to read:
25202.5. (a) With respect to any hazardous waste facility
permitted pursuant to Section 25200 or granted interim status
pursuant to Section 25200.5, the department may do either of the
following:
(1) Enter into an agreement with the owner of the hazardous waste
facility that requires the execution and recording of a written
instrument which that imposes an
easement, covenant, restriction, or servitude upon the present and
future uses of all or part of the land on which the hazardous waste
facility subject to the permit or grant of interim status is located
and on all or part of any adjacent land held by, or for the
beneficial use of, the owners of the land on which the hazardous
waste facility subject to the permit or grant of interim status is
located.
(2) Impose a requirement upon the owner of the hazardous waste
facility, by permit modification, permit condition, or otherwise,
that requires the execution and recording of a written instrument
which that imposes an easement,
covenant, restriction, or servitude upon the present and future uses
of all or part of the land on which the hazardous waste facility
subject to the permit or grant of interim status is located and on
all or part of any adjacent land held by, or for the beneficial use
of, the owners of the land on which the hazardous waste facility
subject to the permit or grant of interim status is located.
(b) (1) The easement, covenant, restriction,
or servitude imposed pursuant to subdivision (a) shall be no more
restrictive than needed, as determined by the department, to protect
the present or future public health and safety and shall not place
any restriction on any land that limits the use, modification, or
expansion of an existing industrial or manufacturing facility or
complex. The instrument shall be executed by all of the owners of the
land and by the director, shall particularly describe the real
property affected by the instrument, and shall be recorded by the
owner in the office of the county recorder in each county in which
all, or a portion of, the land is located within 10 days of the date
of execution. The easement, covenant, restriction, or servitude shall
state that the land described in the instrument has been, or will
be, the site of a hazardous waste facility or is adjacent to the site
of such a facility, and may impose those use restrictions as the
department deems necessary to protect the present or future public
health. The restrictions may include restrictions upon activities on,
over, or under the land, including, but not limited to, a
prohibition against building, filling, grading, excavating, or mining
without the written permission of the director.
A
(2) A certified copy of the
recorded easement, covenant, restriction, or servitude shall be sent
to the department upon recordation. Notwithstanding any other
provision of law, except as provided in Section
25202.6, an easement, covenant, restriction, or servitude executed
pursuant to this section and recorded so as to provide constructive
notice shall run with the land from the date of recordation and shall
be binding upon all of the owners of the land, their heirs,
successors, and assignees, and the agents, employees, and lessees of
the owners, heirs, successors, and assignees. The easement, covenant,
restriction, or servitude shall be enforceable by the department
pursuant to Article 8 (commencing with Section 25180).
(c) Except as provided in subdivisions (d) and (e), any land on
which is located a hazardous waste disposal facility permitted
pursuant to this chapter shall be surrounded by a minimum buffer zone
of 2,000 feet between the facility and the outer boundary of the
buffer zone. The department may impose an easement, covenant,
restriction, or servitude, or any combination thereof, as
appropriate, on the buffer zone pursuant to subdivision (a). If the
department determines that a buffer zone of more than 2,000 feet is
necessary to protect the present and future public health and safety,
the department may increase the buffer zone by restricting the
disposal of hazardous waste at that facility to land surrounded by a
larger buffer zone.
(d) Subdivision (c) does not apply to any hazardous waste
property, as defined in paragraph (1) of subdivision (a) of Section
25117.3, which a property that was actually and
lawfully used for the disposal of hazardous waste on August 6, 1980.
(e) If the owner of a hazardous waste disposal facility proves to
the satisfaction of the department that a buffer zone of less than
2,000 feet is sufficient to protect the present and future public
health and safety, the department may allow the disposal of hazardous
waste onto land surrounded by a buffer zone of less than 2,000 feet.
SEC. 38. Article 11 (commencing with Section
25220) of Chapter 6.5 of Division 20 of the Health and
Safety Code is repealed.
SEC. 39. Article 11.1 (commencing with
Section 25220) is added to Chapter 6.5 of Division 20 of the
Health and Safety Code , to read:
Article 11.1. Institutional Control
25220. (a) The department shall notify the planning and building
department of each city, county, or regional council of governments
of any recorded land use restriction imposed within the jurisdiction
of the local agency pursuant to the former Section 25229, 25230, or
25398.7, as those sections read prior to the effective date of this
article, or Section 25202.5, 25221, or 25355.5. Upon receiving this
notification, the planning and building department shall do both of
the following:
(1) File all recorded land use restrictions in the property files
of the city, county, or regional council of government.
(2) Require that a person requesting a land use that differs from
those filed land use restrictions on the property apply to the
department for a variance or a removal of the land use restrictions
pursuant to Section 25223 or 25224.
(b) A planning and building department of a city, county, or
regional council of governments may assess a property owner a
reasonable fee to cover the costs of taking the actions required by
subdivision (a). For purposes of this subdivision, "property owner"
does not include a person who holds evidence of ownership solely to
protect a security interest in the property, unless the person
participates, or has a legal right to participate, in the management
of the property.
(c) The department shall maintain a list of all recorded land use
restrictions, including deed restrictions, recorded pursuant to the
former Sections 25229, 25230, and 25398.7, as those sections read
prior to the effective date of this article, and Sections 25202.5,
25221, and 25355.5. The list shall, at a minimum, provide the street
address, or, if a street address is not available, an equivalent
description of location for a rural location or the latitude and
longitude of each property. The department shall update the list as
new deed restrictions are recorded. The department shall make the
list available to the public, upon request, and shall make the list
available on the department's Internet Web site. The list shall also
be incorporated into the list of sites compiled pursuant to Section
65962.5 of the Government Code.
25221. A person may enter into an agreement with the department
regarding his or her property, or a portion thereof, which provides
for restricting specified uses of the property, as determined by all
parties to the agreement. Except as otherwise provided in this
article, the agreement is irrevocable and shall be recorded by the
owner, pursuant to paragraph (1) of subdivision (a) of Section 25220,
as a hazardous waste easement, covenant, restriction, or servitude,
or any combination of those servitudes, as appropriate, upon the
present and future uses of the land. That person shall bear all costs
incurred in determining the specific land use restrictions for his
or her property, or a portion of the property pursuant to this
subdivision.
25222. Public notice of an agreement proposed to be entered into
pursuant to Section 25221 shall be provided by the department at
least 30 days before a hearing on, or execution of, the agreement.
The notice shall be given by publication once in a newspaper of
general circulation published and circulated in the locale or, if
there is none, by posting the notice in at least three public places
in the locale. In the case of a proposed agreement, the department
shall also give notice to the city or county in whose jurisdiction
the property is located. Public comment on the proposed agreement
entered into pursuant to Section 25221 shall be submitted to the
department in writing.
25223. (a) A person may apply to the department for a written
variance from a land use restriction imposed by the department. An
application shall contain sufficient evidence for the department to
issue a notice for a hearing. The notice shall contain both of the
following:
(1) A statement of all of the following that apply:
(A) Land use restrictions have been imposed on the land.
(B) A hearing is pending on the land.
(2) A statement of who is applying for a variance, the proposed
variance, and a statement of the reasons in support of the granting
of a variance.
(b) The procedures for the conducting of the hearing specified in
subdivision (a) are those set forth in former Article 11 (commencing
with Section 25220) of Chapter 6.5 of Division 20. A person shall not
make a subsequent application pursuant to this section within 18
months of a final decision on an application by the department. A
person applying for a variance pursuant to this section shall pay the
department for all costs incurred by the department relating to the
application.
(c) The applicant shall have the burden of proving at the hearing
that the variance will not cause or allow any of the following
effects associated with hazardous waste or extremely hazardous waste:
(1) The creation or increase of significant present or future
hazards to public health.
(2) A significant diminution of the ability to mitigate any
significant potential or actual hazard to public health.
(3) A long-term increase in the number of humans or animals
exposed to significant hazards that affect the health, well-being, or
safety of the public.
(d) If, upon the preponderance of the testimony taken, the
director is of the opinion that the variance should be granted, the
director shall issue and cause to be served his or her decision and
findings of fact on the owner of the land, the legislative body of
the city or county in whose jurisdiction the land is located, and
upon any other persons who were permitted to intervene in the
proceedings. The findings of fact shall include the exact nature of
the proposed variance and the reasons in support of the granting of
the variance.
(e) If the director is of the opinion that the variance should not
be granted, the director shall issue and cause to be served his or
her findings of fact in support of the denial on the parties
specified in subdivision (d).
(f) The department shall record within 10 days any final decision
made by the director pursuant to this section as provided in Section
25225.
(g) A decision of the director made after a hearing held pursuant
to this section shall be reviewable pursuant to Section 1094.5 of the
Code of Civil Procedure and shall be upheld if the court finds that
it is supported by substantial evidence.
25224. (a) A person may apply to the department to remove a land
use restriction imposed by the department on the grounds that the
waste no longer creates a significant existing or potential hazard to
present or future public health or safety. A person shall not make a
subsequent application pursuant to this section within 12 months of
a final decision on an application by the department. A person
applying to the department pursuant to this section shall pay the
department all costs incurred by the department relating to the
application. An application shall contain sufficient evidence for the
department to make a finding upon any or all of the following
grounds:
(1) The hazardous waste that caused the land to be restricted or
designated has since been removed or altered in a manner that
precludes any significant existing or potential hazard to present or
future public health.
(2) New scientific evidence is available since the restriction or
designation of the land or the making of any previous application
pursuant to this section, concerning either of the following:
(A) The nature of the hazardous waste that caused the land to be
designated.
(B) The geology or other physical environmental characteristics of
the designated land.
(b) An aggrieved person may appeal a determination of the
department made pursuant to subdivision (a) by submitting a request
for a hearing to the director. The request shall be mailed by
certified mail not later than 30 days after the date of the mailing
of the department's decision on the application.
(c) Upon receipt of a timely appeal, the director shall give
notice of a hearing pursuant to the procedures set forth in this
article.
(d) The department shall record within 10 days any new and final
determination made by the department pursuant to this section as
provided in Section 25225.
(e) A determination made by the department, after a hearing held
pursuant to this section, shall be reviewable pursuant to Section
1094.5 of the Code of Civil Procedure and shall be upheld if the
court finds that it is supported by substantial evidence.
(f) Whenever there is a final determination pursuant to this
section removing a land use restriction, the easement, covenant,
restriction, or servitude imposed on the land created by Section
25221 or 25355.5 or the former Section 25222.1 or 25230 shall
automatically terminate. The department shall record or cause to be
recorded within 10 days a termination of the easement, covenant,
restriction, or servitude, which shall particularly describe the real
property subject to the easement, covenant, restriction, or
servitude and shall be indexed by the recorder in the grantee index
in the name of the record title owner of the real property subject to
the easement, covenant, restriction, or servitude and in the grantor
index in the name of the department.
25225. The department shall record within 10 days any final
written instrument made pursuant to Section 25221 or 25224 with the
county recorder of the county in which the property is located. Any
recordation made pursuant to this article or Section 25202.5 or
25355.5 shall include the street address, assessor's parcel number,
or legal description of each parcel affected and the name of the
owner thereof, and the recordation shall be recorded by the recorder
in the grantor index in the name of the record title owner of the
real property and in the grantee index in the name of the department.
25226. An assessor shall consider a restrictive easement,
covenant, restriction, or servitude adopted pursuant to the former
Section 25230, as that section read prior to the effective date of
this article, or Section 25202.5, 25221, or 25355.5 as an enforceable
easement, covenant, restriction, or servitude subject to Section
402.1 of the Revenue and Taxation Code and shall appropriately
reassess the land, those of which has been restricted, at the lien
date following the adoption or imposition of the easement, covenant,
restriction, or servitude.
SEC. 40. Section 25244.01 is added to the
Health and Safety Code , to read:
25244.01. (a) Except as provided in subdivision (b), the
department's duty to implement this article is contingent upon, and
limited to, the availability of funding.
(b) Subdivision (a) does not apply to Section 25244.4.
SEC. 41. The heading of Article 11.9 (commencing
with Section 25244.12) of Chapter 6.5 of Division 20 of the
Health and Safety Code is amended to read:
Article 11.9. Pollution Prevention and Hazardous
Waste Source Reduction and Management Review Act of 1989
SEC. 42. Section 25244.12 of the Health
and Safety Code is amended to read:
25244.12. This article shall be known and may be cited as the
Pollution Prevention and Hazardous Waste Source Reduction
and Management Review Act of 1989. Act.
SEC. 43. Section 25244.13 of the Health
and Safety Code is amended to read:
25244.13. The Legislature finds and declares as follows:
(a) Existing law requires the department and the State Water
Resources Control Board to promote the reduction of generated
hazardous waste. This policy, in combination with hazardous waste
land disposal bans, requires the rapid development of new programs
and incentives for achieving the goal of optimal minimization of the
generation of hazardous wastes. Substantial improvements and
additions to the state's hazardous waste reduction program are
required to be made if these goals are to be achieved.
(b) Hazardous waste source reduction provides substantial benefits
to the state's economy by maximizing use of materials, avoiding
generation of waste materials, improving business efficiency,
enhancing revenues of companies that provide products and services in
the state, increasing the economic competitiveness of businesses
located in the state, and protecting the state's precious and
valuable natural resources.
(c) It is the intent of the Legislature to expand the state's
hazardous waste source reduction pollution
prevention activities beyond those directly associated with
source reduction evaluation reviews and plans. The expanded program,
which is intended to accelerate reduction in hazardous waste
generation, pollution prevention, shall include
programs to promote implementation of source reduction
pollution prevention measures using education,
outreach, and other effective voluntary techniques demonstrated in
California or other states.
(d) It is the intent of the Legislature for the department to
maximize the use of its available resources in implementing the
expanded source reduction pollution preven
tion program through cooperation with other
entities, including, but not limited to, CUPAs, small business
development corporations, business environmental assistance centers,
and other regional and local government environmental programs. To
the extent feasible, the department shall utilize cooperative
programs with entities that routinely contact small business to
expand its support of small business source reduction
pollution prevention activities.
(e) It is the goal of this article to do all of the following:
(1) Reduce the generation of hazardous waste.
(2) Reduce the release into the environment of chemical
contaminants which that have adverse
and serious health or environmental effects.
(3) Document hazardous waste management information and make that
information available to state and local government.
(f) It is the intent of this article to promote the reduction of
hazardous waste at its source, and wherever source reduction is not
feasible or practicable, to encourage recycling. Where it is not
feasible to reduce or recycle hazardous waste, the waste should be
treated in an environmentally safe manner to minimize the present and
future threat to health and the environment.
(g) It is the intent of the Legislature not to preclude the
regulation of environmentally harmful releases to all media,
including air, land, surface water, and groundwater, and to encourage
and promote the reduction of these releases to air, land, surface
water, and groundwater.
(h) It is the intent of the Legislature to encourage all state
departments and agencies, especially the State Water Resources
Control Board, the California regional water quality control boards,
the State Air Resources Board, the air pollution control districts,
and the air quality management districts, to promote the reduction of
environmentally harmful releases to all media.
SEC. 44. Section 25244.13.1 is added to the
Health and Safety Code , to read:
25244.13.1. (a) The department's duties to implement this article
are contingent upon, and limited to, the availability of funding.
(b) Subdivision (a) does not eliminate a requirement of this
article that is imposed upon a generator.
SEC. 45. Section 25244.14 of the Health
and Safety Code is amended to read:
25244.14. For purposes of this article, the following definitions
apply:
(a) "Advisory committee" means the California Source
Reduction Pollution Prevention Advisory
Committee established pursuant to Section 25244.15.1.
(b) "Appropriate local agency" means a county, city, or regional
association that has adopted a hazardous waste management plan
pursuant to Article 3.5 (commencing with Section 25135).
(c) "Business" has the same meaning as defined in Section 25501.
(c)
(d) "Hazardous waste management approaches" means
approaches, methods, and techniques of managing the generation and
handling of hazardous waste, including source reduction, recycling,
and the treatment of hazardous waste.
(d)
(e) "Hazardous waste management performance report" or
"report" means the report required by subdivision (b) of Section
25244.20 to document and evaluate the results of hazardous waste
management practices.
(f) "NAICS Code" means the identification number assigned to
specific types of businesses by the North American Industry
Classification System (NAICS) adopted by the United States Census
Bureau.
(g) "Pollution prevention" means the reduction of chemical sources
that have adverse impacts on public health and the environment,
including, but not limited to, source reduction.
(h) "SIC Code" means the identification number assigned to
specific types of businesses by the Standard Industrial
Classification (SIC) system established by the United States
Department of Commerce.
(e)
(i) (1) "Source reduction" means one of the following:
(A) Any An action that causes a net
reduction in the generation of hazardous waste.
(B) Any An action taken before the
hazardous waste is generated that results in a lessening of the
properties which that cause it to be
classified as a hazardous waste.
(2) "Source
reduction" includes, but is not limited to, all of the following:
(A) "Input change," which means a change in raw materials or
feedstocks used in a production process or operation so as to reduce,
avoid, or eliminate the generation of hazardous waste.
(B) "Operational improvement," which means improved site
management so as to reduce, avoid, or eliminate the generation of
hazardous waste.
(C) "Production process change," which means a change in a
process, method, or technique which that
is used to produce a product or a desired result, including the
return of materials or their components, for reuse within the
existing processes or operations, so as to reduce, avoid, or
eliminate the generation of hazardous waste.
(D) "Product reformulation," which means changes in design,
composition, or specifications of end products, including product
substitution, so as to reduce, avoid, or eliminate the generation of
hazardous waste.
(3) "Source reduction" does not include any of the following:
(A) Actions taken after a hazardous waste is generated.
(B) Actions that merely concentrate the constituents of a
hazardous waste to reduce its volume or that dilute the hazardous
waste to reduce its hazardous characteristics.
(C) Actions that merely shift hazardous wastes from one
environmental medium to another environmental medium.
(D) Treatment.
(f)
(j) "Source reduction evaluation review and plan" or
"review and plan" means a review conducted by the generator of the
processes, operations, and procedures in use at a generator's site,
in accordance with the format established by the department pursuant
to subdivision (a) of Section 25244.16, and that does both of the
following:
(1) Determines any alternatives to, or modifications of, the
generator's processes, operations, and procedures that may be
implemented to reduce the amount of hazardous waste generated.
(2) Includes a plan to document and implement source reduction
measures for the hazardous wastes specified in paragraph (1) that are
technically feasible and economically practicable for the generator,
including a reasonable implementation schedule.
(g) "SIC Code" has the same meaning as defined in Section 25501.
(h)
(k) "Hazardous waste," "person," "recycle," and
"treatment" have the same meaning meanings
as defined in Article 2 (commencing with Section 25110).
SEC. 46. Section 25244.15 of the Health
and Safety Code is amended to read:
25244.15. (a) The department shall establish
This article establishes a program for hazardous
waste source reduction pursuant to this article.
pollution prevention, including, but not limited to, hazardous waste
source reduction.
(b) The department shall coordinate the activities of all state
agencies with responsibilities and duties relating to hazardous waste
and shall promote coordinated efforts to encourage the reduction of
hazardous waste. Coordination between the program and other relevant
state agencies and programs shall, to the fullest extent possible,
include joint planning processes and joint research and studies.
(c) The department shall adopt regulations to carry out the
requirements imposed upon generators pursuant to this
article.
(d) (1) Except as provided in paragraph (3), this article
applies Sections 25244.19, 25244.20, and 25244.21
apply only to generators who, by site, routinely generate,
through ongoing processes and operations, more than 12,000 kilograms
of hazardous waste in a calendar year, or more than 12 kilograms of
extremely hazardous waste in a calendar year.
(2) The department shall adopt regulations to establish procedures
for exempting generators from the requirements of this article where
the department determines that no source reduction opportunities
exist for the generator.
(3) Notwithstanding paragraph (1), this article does
Sections 25244.19, 25244.20, and 25244.21 do not
apply to any generator whose hazardous waste generating activity
consists solely of receiving offsite hazardous wastes and generating
residuals from the processing of those hazardous wastes.
SEC. 47. Section 25244.15.1 of the
Health and Safety Code is amended to read:
25244.15.1. (a) The California Source Reduction
Pollution Prevention Advisory Committee is
hereby created and consists of the following members:
(1) The Executive Director of the State Air Resources Board, as an
ex officio member.
(2) The Executive Director of the State Water Resources Control
Board, as an ex officio member.
(3) The Director of Toxic Substances Control, as an ex officio
member.
(4) The Executive Director of the
Integrated Waste Management Board, Resources Recycling
and Recovery, as an ex officio member.
(5) The Chairperson of the California Environmental Policy Council
established pursuant to Section 71017 of the Public Resources Code,
as an ex officio member.
(6) The Director of Pesticide Regulation, as an ex officio member.
(6)
(7) Ten public members with experience in
source reduction pollution prevention as
appointed by the department. These public members shall include all
of the following:
(A) Two representatives of local governments from different
regions of the state.
(B) One representative of a publicly owned treatment works.
(C) Two representatives of industry.
(D) One representative of small business.
(E) One representative of organized labor.
(F) Two representatives of statewide environmental advocacy
organizations.
(G) One representative of a statewide public health advocacy
organization.
(7)
(8) The department may appoint up to two additional
public members with experience in source reduction
pollution prevention and detailed knowledge of one of the
priority categories of generators businesses
selected in accordance with Section 25244.17.1.
(b) The advisory committee shall select one member to serve as
chairperson.
(c) The members of the advisory committee shall serve without
compensation, but each member, other than officials of the state,
upon request, shall be reimbursed for all reasonable
expenses incurred in the performance of his or her duties, as
authorized by the department.
(d) The advisory committee shall meet at least
semiannually to When convened by the
department, the advisory committee shall provide a public forum
for discussion and deliberation on matters pertaining to the
implementation of this chapter.
(e) The advisory committee's responsibilities shall include, but
not be limited to, the following:
(1) Reviewing and providing consultation and guidance in the
preparation of the work plan required
authorized by Section 25244.22.
(2) Evaluating the performance and progress of the department's
source reduction pollution prevention
program.
(3) Making recommendations to the department concerning program
activities and funding priorities, and legislative changes, if
needed.
(f) The advisory committee established by this section shall be
in existence until April 15, 2002, by which date the department
shall, in consultation with the advisory committee, evaluate the role
and activities of the advisory committee and determine if the
committee is beneficial
(4) Making recommendations to the
implementation of this article. On and after April 15,
2002, the advisory committee shall continue department
concerning strategies to exist and operate to the
extent that the department, in consultation more
effectively align its pollution prevention program with the
advisory committee, determines the advisory committee
continues to be beneficial to the operation of the department's
source reduction programs. goals of the department's
green chemistry program, including the implementation of Article 14
(commencing with Section 25251).
SEC. 48. Section 25244.16 of the Health
and Safety Code is amended to read:
25244.16. The department shall do both of the following:
(a) Adopt a format to be used by generators for completing the
review and plan required by Section 25244.19, and the report required
by Section 25244.20. The format shall include at least all of the
factors the generator is required to include in the review and plan
and the report. The department may include any other factor
determined by the department to be necessary to carry out this
article. The adoption of a format pursuant to this subdivision is not
subject to Chapter 3.5 (commencing with Section 11340) of Part 1 of
Division 3 of Title 2 of the Government Code.
(b) Establish a data and information system to be used by the
department for developing the categories of generators
specified in Section 25244.18, and for processing and
evaluating the source reduction and other hazardous waste management
information submitted by generators pursuant to Section 25244.18. In
establishing the data and information system, the department shall do
all of the following:
(1) Establish methods and procedures for appropriately processing
or managing hazardous waste source reduction and management
information.
(2) Use the data management expertise, resources, and forms of
already established environmental protection programs, to the extent
practicable.
(3) Establish computerized data retrieval and data processing
systems, including safeguards to protect trade secrets designated
pursuant to Section 25244.23.
(4) Identify additional data and information needs of the program.
SEC. 49. Section 25244.17 of the Health
and Safety Code is amended to read:
25244.17. The department shall may
establish a technical and research assistance program to assist
generators businesses in identifying
and applying methods of source reduction and other hazardous
waste management approaches. pollution prevention.
The program shall emphasize assistance to smaller businesses
that have inadequate technical and financial resources for obtaining
information, assessing source reduction
pollution prevention methods, and developing and applying
source reduction pollution prevention
techniques. The program shall include at least all of the
following elements, which shall be carried out by the department:
be carried out by the department pursuant to this
section may include, but is not limited to, each of the following:
(a) The department shall encourage programs
Programs by private or public consultants, including
onsite consultation at sites or locations where hazardous waste is
generated, to aid those generators requiring assistance in developing
and implementing the review and plan, the plan summary, the report,
and the report summary required by this article.
(b) The department shall conduct review and plan
assistance programs, seminars, Seminars,
workshops, training programs, and other similar activities to assist
generators businesses to evaluate
source reduction pollution prevention
alternatives and to identify opportunities for source
reduction. pollution prevention.
(c) The department shall establish a program to assemble,
catalogue, Assembling, cataloging, and
disseminate disseminating information about
hazardous waste source reduction pollution
prevention methods, available consultant services, and
regulatory requirements.
(d) The department shall identify the
identification of a range of generic and specific
specified technical pollution prevention
solutions that can be applied by particular types of
hazardous waste generators to reduce hazardous waste generation.
businesses.
SEC. 50. Section 25244.17.1 of the
Health and Safety Code is amended to read:
25244.17.1. The department shall may
establish a technical assistance and outreach program to
promote implementation of model source reduction
pollution prevention measures in priority
industry business categories.
(a) Every two years, in In the work
plan required by described in Section
25244.22, the department shall, may, in
consultation with the advisory committee, select at least
four identify priority categories of
generators businesses by SIC or NAICS
Code. At least one selected category of generators
businesses shall be taken from the list
of categories previously selected by the department under Section
25244.18. At least one selected category of generators shall be
a category that consists primarily of small businesses. At
least one selected category of generators
businesses shall be a category that consists primarily of
businesses affected by an action taken by the department pursuant to
Article 14 (commencing with Section 25251) of Chapter 6.5 of
Division 20. 25251).
(b) For each selected priority industry
business category, the department shall
may implement a cooperative source reduction
pollution prevention technical assistance and
outreach program to include that includes
the following elements:
(1) The department shall use available resources,
including reports prepared pursuant to paragraph (4) of subdivision
(a) of Section 25244.18 and information on source reduction methods
from federal, state, and local governments and industry associations
and industry members, to identify a set of model source reduction
Effective pollution prevention measures for each
industry business category.
(2) The department shall determine, with the assistance
of the advisory committee, the most effective technical
assistance and outreach methods to promote implementation of the
model source reduction pollution prevention
measures identified in paragraph (1).
(3) The department shall develop a plan and schedule to
implement the Appropriate measures for evaluating the
effectiveness of the technical assistance and outreach
measures, including quantitative measures before the
next biennial work plan. The measures may include, but are not
limited to, all of the following: when feasible.
(A) Holding, presenting at, or cosponsoring workshops,
conferences, technology fairs, and other promotional events.
(B) Developing and distributing educational materials, such as
short descriptions of successful source reduction projects.
(C) Developing checklists, training manuals, and technical
resource manuals and using those resources to train CUPAs, small
business development corporations, business environmental assistance
centers, and other regional and local government environmental
programs.
(D) Preparing and distributing resource lists, such as lists of
vendors, consultants, or providers of financial assistance for source
reduction projects.
(E) Serving as an information clearinghouse to support telephone
and onsite consultations with businesses and local governments.
(4) For industry categories that include primarily large or
technically complex businesses, the source reduction technical
assistance and outreach program shall emphasize activities that
involve direct communication between department staff and industry
members. For these industry categories, the department shall
communicate with representatives of 80 percent of the state's
companies in the category. For categories that consist primarily of
small businesses, the cooperative source reduction program shall
emphasize providing industry-specific training and resources to
CUPAs, small business development corporations, business
environmental assistance centers, and other regional and local
government environmental programs for use in their inspections and
other direct communications with businesses.
(c) While conducting activities under this section, the department
shall coordinate its activities with appropriate industry and
professional associations.
(d) The department shall coordinate activities under this section
with grants made under Section 25244.5.
SEC. 51. Section 25244.17.2 of the
Health and Safety Code is amended to read:
25244.17.2. (a) (1)
The department shall expand the department's source
reduction program to may provide source
reduction pollution prevention training and
resources to CUPAs, small business development corporations, business
environmental assistance centers, and other regional and local
government environmental programs so that they can provide technical
assistance to generators businesses in
identifying and applying methods of source reduction.
pollution prevention.
(a)
(2) The program expanded
activities conducted pursuant to this section
paragraph (1) shall emphasize activities
necessary to implement Sections 25244.17 and 25244.17.1.
(b) As part of implementing the program required
authorized by this section, the department
shall may develop a California Green
Business Program that provides support and assistance to programs
operated by local governments to meet the requirement of subdivision
(c) and that would voluntarily certify small businesses that adopt
environmentally preferable business practices, including, but not
limited to, increased energy efficiency, reduced greenhouse gas
emissions, promotion of water conservation, and reduced waste
generation. The department's California Green Business Program
shall may do any or all of
the following:
(1) Assist the network of statewide local government programs in
implementing guidelines and structures that establish and promote a
level of consistency among green business programs across the state.
(2) Support, through staffing and contracts, the development and
maintenance of a statewide database to register small businesses
granted green business certification, or its equivalent, pursuant to
a local government program, and track measurable pollution reductions
and cost savings.
(3) Solicit participation of additional local programs and
facilitate the startup of new local programs.
(4) Develop technical guidance on pollution prevention measures,
conduct industry studies and pilot projects, and provide policy
coordination for the participating local programs.
(5) Collaborate with relevant state agencies that operate small
business efficiency and economic development programs, including, but
not limited to, the Department of Resources Recycling and Recovery,
the Public Utilities Commission, the State Energy Resources
Conservation and Development Commission, the State Air Resources
Board, and the Department of Water Resources.
(c) The department may provide support and assistance to a local
government program to enable the program to meet all of the following
requirements:
(1) The program will be operated by a local government or its
designee.
(2) The program will adopt industry-specific standards for green
business certification, or its equivalent, in consultation with the
other participants in the California Green Business Program.
(3) The program will grant a small business that voluntarily
applies to the program a green business certification or its
equivalent, only upon a determination by the program operator or
designee that the business is a small business, as determined by the
program, and complies with the industry-specific standards for green
business certification adopted pursuant to paragraph (2).
(4) The program will grant a green business certification, or its
equivalent, to small businesses, as determined by the program, in
accordance with all of the following requirements:
(A) Before the program grants green business certification or its
equivalent, the program conducts an evaluation to verify compliance
with the appropriate green business certification standards adopted
pursuant to paragraph (2).
(B) A green business certification or its equivalent is granted
only to an individual location of a small business.
(C) A green business certification or its equivalent is granted to
an individual small business only for a limited time period, and,
after the elapse of that time period, the small business is required
to reapply for that certification.
(D) Compliance with applicable federal, state, and local
environmental laws and regulations is required as a condition of
receiving a green business certification or its equivalent.
(d) The department shall may
determine, in consultation with the advisory committee, the most
effective methods to promote implementation of source
reduction pollution prevention education
programs by CUPAs, small business development corporations, business
environmental assistance centers, and other regional and local
government environmental programs. Program elements may include, but
are not limited to, all of the following:
(1) Sponsoring workshops, conferences, technology fairs, and other
training events.
(2) Sponsoring regional training groups, such as the regional
hazardous waste reduction committees.
(3) Developing and distributing educational materials, such as
short descriptions of successful source reduction
pollution prevention projects and materials explaining how
source reduction pollution prevention
has been used by businesses to achieve compliance with environmental
laws enforced by local governments.
(4) Developing site review checklists, training manuals, and
technical resource manuals and using those resources to train CUPAs,
small business development corporations, business environmental
assistance centers, and other regional and local government
environmental programs.
(5) Preparing and distributing resource lists such as lists of
vendors, consultants, or providers of financial assistance for
source reduction pollution prevention
projects.
(6) Serving as an information clearinghouse to support telephone
and onsite consultants with local governments.
(e) Each fiscal year, the department shall provide training and
information resources to at least 90 percent of CUPAs.
SEC. 52. Section 25244.18 of the Health
and Safety Code is amended to read:
25244.18. (a) On or before September 15, 1991, and every two
years thereafter, the department shall select at least two categories
of generators by SIC Code with potential for source reduction, and,
for each category, shall do all of the following:
(1) Request that selected generators in the category provide the
department, on a timely basis, with a copy of the generator's
completed review and plan and with a copy of the generator's
completed report.
(2) Examine the review and plan and the report of selected
generators in the category.
(3) Ensure that the selected generators in that category comply
with Sections 25244.19 and 25244.20.
(4) Identify successful source reduction and other hazardous waste
management approaches employed by generators in the category and
disseminate information concerning those approaches to generators
within the category.
(b) In carrying out subdivision (a), the department shall not
disseminate information determined to be a trade secret pursuant to
Section 25244.23.
(c)
25244.18. (a) The department or the unified
program agency may request from any generator, and the generator
shall provide within 30 days from the date of the request, a copy of
the generator's review and plan or report conducted and
completed pursuant to Section 25244.19 or 25244.20 . The
department or the unified program agency may evaluate any of those
documents submitted to the department or the unified program agency
to determine whether it satisfies the requirements of this article.
(d)
(b) (1) If the department or the unified program agency
determines that a generator has not completed the review and plan in
the manner required by Section 25244.19, or the report in the manner
required by Section 25244.20, the department or the unified program
agency shall provide the generator with a notice of noncompliance,
specifying the deficiencies in the review and plan or report
identified by the department. If the department or the unified
program agency finds that the review and plan does not comply with
Section 25244.19, the department or the unified program agency shall
consider the review and plan to be incomplete. A generator shall file
a revised review and plan or report correcting the deficiencies
identified by the department or the unified program agency within 60
days from the date of the receipt of the notice. The department or
the unified program agency may grant, in response to a written
request from the generator, an extension of the 60-day deadline, for
cause, except that the department or the unified program agency shall
not grant that extension for more than an additional 60 days.
(2) If a generator fails to submit a revised review and plan or
report complying with the requirements of this article within the
required period, or if the department or unified program agency
determines that a generator has failed to implement the measures
included in the generator's review and plan for reducing the
generator's hazardous waste, in accordance with Section 25244.19, the
department or the unified program agency may impose civil penalties
pursuant to Section 25187, in an amount not to exceed one thousand
dollars ($1,000) for each day the violation of this article
continues, notwithstanding Section 25189.2, seek an order directing
compliance pursuant to Section 25181, or enter into a consent
agreement or a compliance schedule with the generator.
(e)
(c) If a generator fails to implement a measure
specified in the review and plan pursuant to paragraph (5) of
subdivision (b) of Section
25244.19, the generator shall not be deemed to be in violation of
Section 25244.19 for not implementing the selected measure if the
generator does both of the following:
(1) The generator finds that, upon further analysis or as a result
of unexpected consequences, the selected measure is not technically
feasible or economically practicable, or if the selected approach has
resulted in any of the following:
(A) An increase in the generation of hazardous waste.
(B) An increase in the release of hazardous chemical contaminants
to other media.
(C) Adverse impacts on product quality.
(D) A significant increase in the risk of an adverse impact to
human health or the environment.
(2) The generator revises the review and plan to comply with the
requirements of Section 25244.19.
(f)
(d) When taking enforcement action pursuant to this
article, the department or the unified program agency shall not judge
the appropriateness of any decisions or proposed measures contained
in a review and plan or report, but shall only determine whether the
review and plan or report is complete, prepared, and implemented in
accordance with this article.
(g)
(e) In addition to the unified program agency, an
appropriate local agency that has jurisdiction over a generator's
site may request from the generator, and the generator shall provide
within 30 days from the date of that request, a copy of the generator'
s current review and plan and report.
(f) In carrying out this article, the department shall not
disseminate information determined to be a trade secret pursuant to
Section 25244.23.
SEC. 53. Section 25244.19 of the Health
and Safety Code is amended to read:
25244.19. (a) On or before September 1, 1991, and every four
years thereafter, each generator shall conduct a source reduction
evaluation review and plan pursuant to subdivision (b).
(b) Except as provided in subdivision (c), the source reduction
evaluation review and plan required by subdivision (a) shall be
conducted and completed for each site pursuant to the format adopted
pursuant to subdivision (a) of Section 25244.16 and shall include, at
a minimum, all of the following:
(1) The name and location of the site.
(2) The SIC Code of the site.
(3) Identification of all routinely generated hazardous waste
streams that annually weigh 600 kilograms or more and that result
from ongoing processes or operations and exceed 5 percent of the
total yearly weight of hazardous waste generated at the site, or, for
extremely hazardous waste, that annually weigh 0.6 kilograms or more
and exceed 5 percent of the total yearly weight of extremely
hazardous waste generated at the site. For purposes of this
paragraph, a hazardous waste stream identified pursuant to this
paragraph shall also meet one of the following criteria:
(A) It is a hazardous waste stream processed in a wastewater
treatment unit that discharges to a publicly owned treatment works or
under a national pollutant discharge elimination system (NPDES)
permit, as specified in the Federal Water Pollution Control Act, as
amended (33 U.S.C. Sec. 1251 and following).
(B) It is a hazardous waste stream that is not processed in a
wastewater treatment unit and its weight exceeds 5 percent of the
weight of the total yearly volume at the site, less the weight of any
hazardous waste stream identified in subparagraph (A).
(4) For each hazardous waste stream identified in paragraph (3),
the review and plan shall include all of the following information:
(A) An estimate of the quantity of hazardous waste generated.
(B) An evaluation of source reduction approaches available to the
generator that are potentially viable. The evaluation shall consider
at least all of the following source reduction approaches:
(i) Input change.
(ii) Operational improvement.
(iii) Production process change.
(iv) Product reformulation.
(5) A specification of, and a rationale for, the technically
feasible and economically practicable source reduction measures that
will be taken by the generator with respect to each hazardous waste
stream identified in paragraph (3). The review and plan shall fully
document any statement explaining the generator's rationale for
rejecting any available source reduction approach identified in
paragraph (4).
(6) An evaluation, and, to the extent practicable, a
quantification, of the effects of the chosen source reduction method
on emissions and discharges to air, water, or land.
(7) A timetable for making reasonable and measurable progress
towards implementation of the selected source reduction measures
specified in paragraph (5).
(8) Certification pursuant to subdivision (d).
(9) Any A generator subject to this
article shall include in its source reduction evaluation review and
plan four-year numerical goals for reducing the generation of
hazardous waste streams through the approaches provided for in
subparagraph (B) of paragraph (4), based upon its best estimate of
what is achievable in that four-year period.
(10) A summary progress report that briefly summarizes and, to the
extent practicable, quantifies, in a manner that is understandable
to the general public, the results of implementing the source
reduction methods identified in the generator's review and plan for
each waste stream addressed by the previous plan over the previous
four years. The report shall also include an estimate of the amount
of reduction that the generator anticipates will be achieved by the
implementation of source reduction methods during the period between
the preparation of the review and plan and the preparation of the
generator's next review and plan. Notwithstanding any other
provision of this section, the summary progress report required to be
prepared pursuant to this paragraph shall be submitted to the
department on or before September 1, 1999, and every four years
thereafter.
(c) If a generator owns or operates multiple sites with similar
processes, operations, and waste streams, the generator may prepare a
single multisite review and plan addressing all of these sites.
(d) Every review and plan conducted pursuant to this section shall
be submitted by the generator for review and certification by an
engineer who is registered as a professional engineer pursuant to
Section 6762 of the Business and Professions Code and who has
demonstrated expertise in hazardous waste management, by an
individual who is responsible for the processes and operations of the
site, or by an environmental assessor who is registered
pursuant to Section 25570.3 and who has demonstrated
expertise in hazardous waste management. The engineer, individual, or
environmental assessor shall certify the review and plan only if the
review and plan meet all of the following requirements:
(1) The review and plan addresses each hazardous waste stream
identified pursuant to paragraph (3) of subdivision (b).
(2) The review and plan addresses the source reduction approaches
specified in subparagraph (B) of paragraph (4) of subdivision (b).
(3) The review and plan clearly sets forth the measures to be
taken with respect to each hazardous waste stream for which source
reduction has been found to be technically feasible and economically
practicable, with timetables for making reasonable and measurable
progress, and properly documents the rationale for rejecting
available source reduction measures.
(4) The review and plan does not merely shift hazardous waste from
one environmental medium to another environmental medium by
increasing emissions or discharges to air, water, or land.
(e) At the time a review and plan is submitted to the department
or the unified program agency, the generator shall certify that the
generator has implemented, is implementing, or will be implementing,
the source reduction measures identified in the review and plan in
accordance with the implementation schedule contained in the review
and plan. A generator may determine not to implement a measure
selected in paragraph (5) of subdivision (b) only if the generator
determines, upon conducting further analysis or due to unexpected
circumstances, that the selected measure is not technically feasible
or economically practicable, or if attempts to implement that measure
reveal that the measure would result in, or has resulted in, any of
the following:
(1) An increase in the generation of hazardous waste.
(2) An increase in the release of hazardous chemicals to other
environmental media.
(3) Adverse impacts on product quality.
(4) A significant increase in the risk of an adverse impact to
human health or the environment.
(f) If the generator elects not to implement the review and plan,
including, but not limited to, a selected measure pursuant to
subdivision (e), the generator shall amend its review and plan to
reflect that election and include in the review and plan proper
documentation identifying the rationale for that election.
SEC. 54. Section 25244.20 of the Health
and Safety Code is amended to read:
25244.20. (a) On or before September 1, 1991, and every four
years thereafter, each generator shall prepare a hazardous waste
management performance report documenting hazardous waste management
approaches implemented by the generator.
(b) Except as provided in subdivision (d), the hazardous waste
management performance report required by subdivision (a) shall be
prepared for each site in accordance with the format adopted pursuant
to subdivision (a) of Section 25244.16 and shall include all of the
following:
(1) The name and location of the site.
(2) The SIC Code for the site.
(3) All of the following information for each waste stream
identified pursuant to paragraph (3) of subdivision (b) of Section
25244.19:
(A) An estimate of the quantity of hazardous waste generated and
the quantity of hazardous waste managed, both onsite and offsite,
during the current reporting year and the baseline year, as specified
in subdivision (c).
(B) An abstract for each source reduction, recycling, or treatment
technology implemented from the baseline year through the current
reporting year, if the reporting year is different from the baseline
year.
(C) A description of factors during the current reporting year
that have affected hazardous waste generation and onsite and offsite
hazardous waste management since the baseline year, including, but
not limited to, any of the following:
(i) Changes in business activity.
(ii) Changes in waste classification.
(iii) Natural phenomena.
(iv) Other factors that have affected either the quantity of
hazardous waste generated or onsite and offsite hazardous waste
management requirements.
(4) The certification of the report pursuant to subdivision (e).
(c) For purposes of subdivision (b), the following definitions
apply:
(1) The current reporting year is the calendar year immediately
preceding the year in which the report is to be prepared.
(2) The baseline year is either of the following, whichever is
applicable:
(A) For the initial report, the baseline year is the calendar year
selected by the generator for which substantial hazardous waste
generation, or onsite or offsite management, data is available prior
to 1991.
(B) For all subsequent reports, the baseline year is the current
reporting year of the immediately preceding report.
(d) If a generator owns or operates multiple sites with similar
processes, operations, and waste streams, the generator may prepare a
single multisite report addressing all of these sites.
(e) Every report completed pursuant to this section shall be
submitted by the generator for review and certification by an
engineer who is registered as a professional engineer pursuant to
Section 6762 of the Business and Professions Code and who has
demonstrated expertise in hazardous waste management, by an
individual who is responsible for the processes and operations of the
site, or by an environmental assessor who is registered
pursuant to Section 25570.3 and who has demonstrated
expertise in hazardous waste management. The engineer, individual, or
environmental assessor shall certify the report only if the report
identifies factors that affect the generation and onsite and offsite
management of hazardous wastes and summarizes the effect of those
factors on the generation and onsite and offsite management of
hazardous wastes.
SEC. 55. Section 25244.21 of the Health
and Safety Code is amended to read:
25244.21. (a) Every generator shall retain the original of the
current review and plan and report, shall maintain a copy of the
current review and plan and report at each site, or, for a multisite
review and plan or report, at a central location, and upon request,
shall make it available to any authorized representative of the
department or the unified program agency conducting an inspection
pursuant to Section 25185. If a generator fails, within five days, to
make available to the inspector the review and plan or report, the
department, the unified program agency, or any authorized
representative of the department, or of the unified program agency,
conducting an inspection pursuant to Section 25185, shall, if
appropriate, impose a civil penalty pursuant to Section 25187, in an
amount not to exceed one thousand dollars ($1,000) for each day the
violation of this article continues, notwithstanding Section 25189.2.
(b) If a generator fails to respond to a request for a copy of its
review and plan or report made by the department or a unified
program agency pursuant to subdivision (c)
(a) of Section 25244.18, or by a local agency pursuant to
subdivision (g) (e) of Section
25244.18, within 30 days from the date of the request, the department
or unified program agency shall, if appropriate, assess a civil
penalty pursuant to Section 25187, in an amount not to exceed one
thousand dollars ($1,000) for each day the violation of this article
continues, notwithstanding Section 25189.2.
(c) (1) Any A person may request the
department to certify that a generator is in compliance with this
article by having the department certify that the generator has
properly completed the review and plan and report required pursuant
to Sections 25244.19 and 25244.20. The department shall respond
within 60 days to a request for certification. Upon receiving a
request for certification, the department shall request from the
generator, who is the subject of the request, a copy of the generator'
s review and plan and report, pursuant to subdivision (c)
(a) of Section 25244.19,
25244.18, if the department does not have these documents. The
department shall forward a copy of the review and plan and report to
the person requesting certification, within 10 days from the date
that the department receives the request for certification or
receives the review and plan and report, whichever is later. The
department shall protect trade secrets in accordance with Section
25244.23 in a review and plan or report, requested to be released
pursuant to this subdivision.
(2) This subdivision does not prohibit any person from directly
requesting from a generator a copy of the review and plan or report.
Solely for the purposes of responding to a request pursuant to this
subdivision, the department shall deem the review and plan or report
to be a public record subject to Section 25152.5, and shall act in
compliance with that section.
SEC. 56. Section 25244.22 of the Health
and Safety Code is amended to read:
25244.22. Commencing May 1, 2000, and
(a) The department may, on
or before January 15 of every other year thereafter, the
department shall prepare, a periodic basis, prepare
and make available for public review within five days
thereafter, a draft work plan for the department's
operations and activities in carrying out this article. The
department shall prepare the work plan in consultation with the
advisory committee and with other interested parties, including local
government, industry, labor, health, and environmental
organizations. After holding The department
shall hold a public meeting of the advisory committee to
discuss the draft work plan before finalizing the work plan
. This work plan shall include an outline of the
department's proposed operations and activities under this article.
The department shall use the data summary analysis prepared pursuant
to subdivision (b) to develop criteria for the selection of targets
for pollution prevention efforts. When identifying activities for
inclusion in the work plan, the department shall
finalize the work plan on or before June 15, 2000,
consider potential benefits to human health and on or
before April 1 the environment, available resources,
feasibility of every applying pollution
prevention techniques, and availability of related resources from
other year thereafter. The department may include this
work plan within entities, such as other states,
the report required pursuant to Section 25171. This
work plan shall include, but not be limited to, all of the following
information: federal government, local governments,
and other organizations.
(a) A
( b) The department may
periodically prepare, and make available to the public on its
Internet Web site, a summary analysis of readily available data
on the state's hazardous waste generation and management patterns.
The analysis shall may include
information from various data sources including hazardous waste
manifests, biennial generator reports, and United States
Environmental Protection Agency Toxics Release Inventory reports. The
department shall estimate the quantities of hazardous waste
generated in the state, by hazardous waste stream, the amounts of
hazardous waste generated in the state by industry SIC or NAICS
Code, and the amounts of hazardous waste state generators sent
offsite for management, by management method.
(b) An evaluation of hazardous waste source reduction progress in
this state, using the data summary analysis prepared pursuant to
subdivision (a).
(c) Recommendations for legislation.
(d) Identification of any state, federal, or private economic and
financial incentives that can best accelerate and maximize the
research and development of source reduction and other hazardous
waste management technologies and approaches.
(e) The status, funding, and results of all research projects.
(f) A detailed summary of the extent to which the statewide goal
of 5 percent per year reduction of the generation of hazardous
wastes, pursuant to subdivision (e) of Section 25244.15, has been
attained, and a detailed summary of the extent to which different
categories of facilities have attained the numerical goals
established pursuant to paragraph (9) of subdivision (b) of Section
25244.19. This summary, which shall use the data summary analysis
prepared pursuant to subdivision (a), shall include an evaluation by
the department of the reasons why these goals have or have not been
attained, including an evaluation of the impact of economic growth or
decline and changes in production patterns, and a list of
appropriate recommendations designed to ensure attainment of these
goals.
(g) An outline of the department's operations and activities under
this article proposed for the next two-year period. The department
shall use the data summary analysis prepared pursuant to subdivision
(a) to select hazardous waste stream and industries for source
reduction efforts. When identifying activities for inclusion in the
work plan, the department shall also consider potential benefits to
human health and the environment, available resources, feasibility of
applying source reduction techniques to reduce selected hazardous
waste streams and to reduce hazardous wastes generated by selected
industries, and availability of related resources from other
entities, such as other states, the federal government, local
governments, and other organizations.
SEC. 57. Section 25244.23 of the Health
and Safety Code is amended to read:
25244.23. (a) (1) The department shall adopt regulations to
ensure that trade secrets designated by a generator in all or a
portion of the review and plan or the report required by this article
are utilized by the director, the department, the unified program
agency, or the appropriate local agency only in connection with the
responsibilities of the department pursuant to this article, and that
those trade secrets are not otherwise disseminated by the director,
the department, the unified program agency, or any authorized
representative of the department, or the appropriate local agency,
without the consent of the generator.
(2) Any information subject to this section shall be made
available to governmental agencies for use in making studies and for
use in judicial review or enforcement proceedings involving the
person furnishing the information.
(3) As provided by Section 25159.5, the regulations adopted
pursuant to this subdivision shall conform with the corresponding
trade secret regulations adopted by the Environmental Protection
Agency pursuant to the federal act, except that the regulations
adopted by the department may be more stringent or more extensive
than the federal trade secret regulations.
(4) "Trade secrets," as used in this section, may include, but are
not limited to, any formula, plan, pattern, process, tool,
mechanism, compound, procedure, production data, or compilation of
information that is not patented, that is known only to certain
individuals within a commercial concern who are using it to
fabricate, produce, or compound an article of trade or a service
having commercial value, and that gives its user an opportunity to
obtain a business advantage over competitors who do not know or use
it.
(b) The department, the unified program agency, and the
appropriate local agency shall protect from disclosure any trade
secret designated by the generator pursuant to this section. The
department shall make available information concerning
source reduction pollution prevention approaches
that have proved successful, and that do not constitute a trade
secret, when carrying out subdivision (c) of Section
25244.17 and to subdivision (a) of Section 25244.18.
25244.17.
(c) This section does not permit a generator to refuse to disclose
the information required pursuant to this article to the department,
the unified program agency, or the appropriate local agency, an
officer or employee of the department, the unified program agency, or
the appropriate local agency, in connection with the official duties
of that officer or employee under this article.
(d) Any officer or employee of the department, the unified program
agency, or the appropriate local agency, or any other person, who,
because of his or her employment or official position, has possession
of, or has access to, confidential information, and who, knowing
that disclosure of the information to the general public is
prohibited by this section, knowingly and willfully discloses the
information in any manner to any person not entitled to receive it,
is guilty of a misdemeanor and, upon conviction thereof, shall be
punished by imprisonment in the county jail not exceeding six months,
by a fine not exceeding one thousand dollars ($1,000), or by both
the fine and imprisonment.
SEC. 58. Section 25244.24 of the Health
and Safety Code is repealed.
25244.24. (a) For purposes of this section the following
definitions shall apply:
(1) "Program" means the voluntary program to reduce hazardous
waste generation established by this section.
(2) "Release" means a release of a chemical into the environment
in any manner and by any means. "Release" includes, but is not
limited to, any release authorized or permitted pursuant to a
statute, ordinance, regulation, or rule of any federal, state, local,
or regional agency or government or by a permit, license, variance
or other authorization from the agency or government.
(b) On or before October 1, 2000, the department shall, in
consultation with the advisory committee established pursuant to
Section 25244.15.1, conduct an inventory and analysis of low-cost
voluntary programs that are, or have been conducted by other states,
the federal government, or local government entities to reduce
hazardous waste generation and other environmental releases of toxic
chemicals, and shall develop recommendations for programs that would
be effective and feasible in California, based on the inventory and
analysis.
(c) In consultation with the advisory committee, large businesses,
and the public, the department shall develop a low-cost voluntary
program to further reduce generation of hazardous waste by large
businesses in California. The program shall be designed to promote
cooperative relationships between California business and the
department, while creating a significant environmental benefit from
reduced hazardous waste generation. The department shall include the
program in the work plan required by Section 25244.22 on or before
January 15, 2002.
(d) In designing and implementing the program the department shall
take into consideration all of the following:
(1) Estimates of the volumes of potential reductions of hazardous
waste generation and other possible program benefits.
(2) The types of facilities expected to participate and their
current hazardous waste generation and other releases of toxic
chemicals into the environment.
(3) The potential for reductions in hazardous waste generation
resulting in an increase in releases of toxic chemicals to a
different environmental medium.
(4) The
potential public health and environmental benefits of the program.
(5) Methods for publicizing the program and encouraging facilities
throughout the state to participate in the program.
(6) Providing appropriate public recognition of facilities that
successfully are participating in the program.
(7) Establishing a means for monitoring the progress that each
facility participating in the program is making toward implementing
the program.
(8) Establishing methods for evaluating the implementation of the
inventory, analysis, and program and for reporting on the progress of
the program in the work plan required pursuant to Section 25244.22.
(9) Procedures for providing technical support to program
participants to assist with the implementation of the program.
(e) Participation in the program shall not create a presumption
that the participating facility has determined that any chemical
release reduction measure is technically feasible or economically
practicable pursuant to any other provision of law.
(f) Actions of the department pursuant to this section are exempt
from the requirements of Chapter 3.5 (commencing with Section 11340)
of Division 3 of Title 2 of the Government Code.
(g) If, on the basis of the inventory and analysis required by in
subdivision (b), the department finds that it is not possible to
design and implement, at relatively low cost, a voluntary program to
promote cooperative relationships between California business and the
department, while creating a significant environmental benefit, and
the advisory committee concurs with this finding, the department is
not required to implement the program.
SEC. 59. Section 25269.2 of the Health
and Safety Code is amended to read:
25269.2. (a) The department shall comply with this chapter when
recovering oversight costs for corrective action pursuant to Chapter
6.5 (commencing with Section 25100), for removal or remedial action
pursuant to Chapter 6.8 (commencing with Section 25300), and for
response actions pursuant to former Chapter 6.85
(commencing with Section 25396).
(b) The department shall develop a concise statement of its cost
recovery policies and billing procedures, including dispute
resolution procedures and availability of program guidance and
policies, and distribute the statement to all responsible parties.
SEC. 60. Section 25299.50.3 of the
Health and Safety Code is amended to read:
25299.50.3. (a) For purposes of this section, "school district"
means a school district as defined in Section 80 of the Education
Code, or a county office of education.
(b) The School District Account is hereby created in the
Underground Storage Tank Cleanup Fund, for expenditure by the board
to pay a claim filed by a district that is a school district and has
a priority based on paragraph (2), (3), or (4) of subdivision (b) of
Section 25299.52. Notwithstanding Section 25299.52, in the 2009-10,
2010-11, and 2011-12 fiscal years, the board shall pay a claim filed
by a district that is a school district and has a priority based on
paragraph (4) of subdivision (b) of Section 25299.52 only from funds
appropriated from the School District Account.
(c) (1) The sum of ten million dollars ($10,000,000) per year
shall be transferred, in the 2009-10, 2010-11, and 2011-12 fiscal
years, from the Underground Storage Tank Cleanup Fund to the School
District Account, for expenditure , upon appropriation by
the Legislature , for the payment of claims filed by a
district that is a school district with a priority based on paragraph
(2), (3), or (4) of subdivision (b) of Section 25299.52. The ten
million dollars ($10,000,000) shall be transferred to the School
District Account prior to allocating the remaining available funds to
each priority ranking in paragraphs (1), (2), (3), and (4) of
subdivision (b) of Section 25299.52.
(2) The board shall consult with the Department of Toxic
Substances Control in allocating the funds transferred to the School
District Account.
(3) The board shall pay claims from a school district with a
priority based on paragraph (4) of subdivision (b) of Section
25299.52 from the School District Account in the order of the date of
the filing of the claim application to the Underground Storage Tank
Cleanup Fund. In each of the fiscal years identified in subdivision
(b), if the board estimates that money will be available in the
School District Account after the board has allocated funding for all
submitted claims from school districts with a priority based on
paragraph (4) of subdivision (b) of Section 25299.52, School District
Account funds may be used to fund school district claims with a
priority based on paragraph (2) or (3) of subdivision (b) of Section
25299.52.
(d) Funds in the School District Account that are not expended in
the 2009-10 or 2010-11 a fiscal
years year shall remain in the School
District Account. Unencumbered funds Funds
remaining in the School District Account on July
January 1, 2012, 2016,
shall be transferred to the Underground Storage Tank Cleanup
Fund. Encumbered funds remaining in the School District
Account on July 1, 2012, shall remain in the School District Account.
Those encumbered funds remaining in the School District Account on
July 1, 2012, shall be liquidated on or before June 30, 2014.
(e) The board shall include information on the expenditure of the
funds transferred to the School District Account, as well as the
amount of all claims filed by districts that are school districts and
the amount of reimbursements made to districts that are school
districts from the Underground Storage Tank Cleanup Fund, in its
annual report, and shall, in consultation with the Department of
Toxic Substances Control, estimate the amount of funds needed to
reimburse anticipated future claims by districts that are school
districts. The board shall provide a copy of this report to the State
Allocation Board and the State Department of Education.
(f) This section does not affect the priority of a district that
is a school district and has a priority based on paragraph (2) or (3)
of subdivision (b) of Section 25299.52.
(g) This section shall remain in effect only until
July January 1, 2014,
2016, and as of that date is repealed, unless a
later enacted statute, that is enacted before July
January 1, 2014, 2016,
deletes or extends that date.
SEC. 61. Section 25299.81 of the Health
and Safety Code is amended to read:
25299.81. (a) Except as provided in subdivisions (b) and (c),
this chapter shall remain in effect only 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) Notwithstanding subdivision (a), Article 1 (commencing with
Section 25299.10), Article 2 (commencing with Section 25299.11), and
Article 4 (commencing with Section 25299.36) shall not be repealed
and shall remain in effect on January 1, 2016.
(c) The repeal of certain portions of this chapter does not
terminate any of the following rights, obligations, or authorities,
or any provision necessary to carry out these rights and obligations:
(1) The filing and payment of claims against the fund, including
the costs specified in subdivisions (c), (e), and (h) of Section
25299.51, claims filed under Section 25299.50.3, and
claims for commingled plumes, as specified in Article 11 (commencing
with Section 25299.90), until the moneys in the fund are exhausted.
Upon exhaustion of the fund, any remaining claims shall be invalid.
(2) The repayment of loans, outstanding as of January 1, 2016, due
and payable to the board.
(3) The recovery of moneys reimbursed to a claimant to which the
claimant is not entitled, or the resolution of any cost recovery
action.
(4) The collection of unpaid fees that are imposed pursuant to
Article 5 (commencing with Section 25299.40), as that article read on
December 31, 2015, or have become due before January 1, 2016,
including any interest or penalties that accrue before, on, or after
January 1, 2016, associated with those unpaid fees.
(5) (A) The filing of an application for funds from, and the
making of payments from, the Underground Storage Tank Petroleum
Contamination Orphan Site Cleanup Fund pursuant to Section
25299.50.2, any action for the recovery of moneys paid pursuant to
Section 25299.50.2 to which the recipient is not entitled, and the
resolution of that cost recovery action.
(B) Upon liquidation of funds in the Underground Storage Tank
Petroleum Contamination Orphan Site Cleanup Fund, the obligation to
make a payment from the Underground Storage Tank Petroleum
Contamination Orphan Site Cleanup Fund is terminated.
(6) (A) The payment of loans and grants, consistent with the terms
of agreements that were effective prior to January 1, 2016, from the
Underground Storage Tank Cleanup Fund, pursuant to this chapter or
the Petroleum Underground Storage Tank Financing Account pursuant to
Chapter 6.76 (commencing with Section 25299.100). Upon exhaustion of
the Underground Storage Tank Cleanup Fund, any remaining claims for
payment of grants or loans shall be invalid.
(B) The amount of money disbursed for grants and loans pursuant to
Chapter 6.76 (commencing with Section 25299.100) shall not exceed
the sum of following:
(i) The amount that reverts to the Underground Storage Tank
Cleanup Fund pursuant to Section 25299.111.
(ii) Amounts recovered through the repayment of loans granted
pursuant to Chapter 6.76 (commencing with Section 25299.100).
(iii) The resolution of any cost recovery action filed prior to
January 1, 2016, or the initiation of an action or other collection
process to recover defaulted loan moneys due to the board or to
recover money paid to a grant or loan recipient pursuant to Chapter
6.76 (commencing with Section 25299.100) to which the recipient is
not entitled.
(d) The board shall continuously post and update on its Internet
Web site, but at a minimum, annually on or before September 30,
information that describes the status of the fund and shall make
recommendations, when appropriate, to improve the efficiency of the
program.
SEC. 62. Section 25356.2 of the Health
and Safety Code is repealed.
25356.2. (a) There is hereby created in the Office of
Environmental Health Hazard Assessment a Hazardous Substance Cleanup
Arbitration Panel.
(b) The panel shall apportion liability for the costs of removal
and remedial actions in accordance with Sections 25356.3 and 25356.4.
All meetings and records of the panel are exempt from Chapter 3.5
(commencing with Section 6250) of Division 7 of Title 1 of, and
Article 9 (commencing with Section 11120) of Chapter 1 of Part 1 of
Division 3 of Title 2 of, the Government Code.
(c) The panel shall be comprised of independent private
arbitrators who have applied to the Office of Environmental Health
Hazard Assessment for membership on the panel. Panel members shall
have (1) relevant arbitration background and (2) expertise in
engineering, expertise in the physical, biological, or health
sciences, or other relevant experience and qualifications. Three
arbitrators shall be selected from the panel to apportion liability
for a single hazardous wastesite. A majority of the arbitrators
selected for a single site may apportion liability for the panel
under this chapter.
(d) The arbitrators shall be selected for an individual hazardous
wastesite as follows:
(1) One arbitrator shall be selected by the department or by the
regional water quality control board.
(2) One arbitrator shall be selected by the potentially
responsible party, or a majority of the potentially responsible
parties, who have submitted to binding arbitration by the panel.
(3) The two arbitrators selected pursuant to paragraphs (1) and
(2) shall jointly select a third arbitrator.
SEC. 63. Section 25356.3 of the Health
and Safety Code is repealed.
25356.3. (a) The department or the California regional water
quality control board shall serve a copy by mail of the draft
remedial action plan upon all potentially responsible parties
identified in the plan. Within 15 days after the issuance of a final
remedial action plan, any potentially responsible parties with
aggregate alleged liability in excess of 50 percent of the costs of
removal and remedial action, as set forth in the statement of reasons
issued pursuant to subdivision (d) of Section 25356.1, but excluding
any costs that are the subject of an agreement under which any party
agrees to assume liability for those costs, may convene an
arbitration proceeding by agreeing to submit to binding arbitration
by the panel. The filing of a demand to convene an arbitration panel
shall not stay any removal or remedial actions specified in the plan.
If an arbitration panel is convened pursuant to this section, any
other potentially responsible party may elect to submit to binding
arbitration by the panel. Any person submitting to arbitration under
this section shall agree not to contest the fact of liability in the
arbitration. The panel shall, and the parties are entitled to,
address the proper apportionment of liability pursuant to subdivision
(b). Submission to arbitration under this section is not an
admission of liability for any other purpose or in any other
proceeding, including a subsequent arbitration proceeding concerning
the same site. The department or the regional water quality control
board, whichever issued the final remedial action plan, shall
participate in the arbitration proceedings to the same extent as the
potentially responsible parties which have submitted to the
arbitration.
(b) The panel shall apportion liability for the costs of all
removal and remedial actions specified in the final remedial action
plan.
(c) In panel proceedings, liability for the costs of removal and
remedial actions shall be apportioned among all identifiable
potentially responsible parties regardless of whether those parties
are before the panel or have otherwise been released, or are immune,
from liability pursuant to this chapter or any other provision of
law. The panel shall apportion liability based on all of the
following criteria:
(1) The amount of hazardous substance for which each party may be
responsible.
(2) The degree of toxicity of the hazardous substance.
(3) The degree of involvement of the potentially responsible
parties in the generation, transportation, treatment, or disposal of
the hazardous substance.
(4) The degree of care exercised by the potentially responsible
parties with respect to the hazardous substances, taking into account
the characteristics of the substance.
(5) The degree of cooperation by the potentially responsible
parties with federal, state, and local officials to prevent harm to
human health and the environment.
(d) The panel may issue subpoenas and subpoenas duces tecum to
require attendance of a person or the production of documents, at the
request of any person identified as potentially responsible in the
remedial action plan, on its own motion, or at the request of the
department or the appropriate regional water quality control board. A
person requesting a subpoena duces tecum shall comply with Section
1985 of the Code of Civil Procedure. The jurisdiction of subpoenas
and subpoenas duces tecum issued by the panel extends to all parts of
the state. The subpoenas and subpoenas duces tecum shall be served
pursuant to Sections 1987 and 1988 of the Code of Civil Procedure.
If the panel determines that a person is refusing to respond to a
subpoena or subpoena duces tecum, or is guilty of a misconduct during
the arbitration and negotiation process, the panel shall certify the
facts to the superior court of the county in which the site is
located. The court shall thereupon issue an order directing the
person to appear before the court and show cause why the person
should not be punished for contempt pursuant to Section 1209 of the
Code of Civil Procedure. The order and a copy of the certified
statement shall be served on the person, and thereafter the court
shall have jurisdiction of the matter. The same proceedings shall be
followed, the same penalties may be imposed, and the person charged
may be purged of contempt in the same way as if the person has
committed a contempt in the trial of a civil action before a superior
court.
After receipt of documents pursuant to a subpoena duces tecum, any
party may request the panel for a continuance for a reasonable
period of time to review the documents prior to proceeding with the
arbitration. The panel may grant a continuance for that purpose upon
a showing of good cause.
(e) This chapter does not require a regional water quality control
board or the State Water Resources Control Board to engage in
arbitration pursuant to this section or Section 25356.2 for any
enforcement action taken pursuant to Division 7 (commencing with
Section 13000) of the Water Code.
(f) The costs of conducting the arbitration shall be borne by the
potentially responsible parties submitting to the arbitration
pursuant to subdivision (a), except that any filing fees, witness
fees, costs of discovery, or any other costs necessarily incurred by
one party shall not be shared by any other party.
SEC. 64. Section 25356.4 of the Health
and Safety Code is repealed.
25356.4. (a) After making an apportionment of liability among the
potentially responsible parties pursuant to Section 25356.3, the
panel shall prepare a draft arbitration decision which contains a
statement of reasons supporting the apportionment and shall circulate
the draft arbitration decision for at least 30 days for public
comment. After review and consideration of any public comment, the
panel shall issue the final arbitration decision within 30 days after
the comment period.
(b) Each potentially responsible party whose liability has been
apportioned by the panel is liable to the department or the regional
water quality control board for its apportioned share of the costs of
all removal and remedial actions at the site which is the subject of
the final remedial action plan issued pursuant to Section 25356.1.
The department or the regional water quality control board and one or
more potentially responsible parties may enter into a cleanup
agreement which is consistent with the remedial action plan and which
provides for the satisfaction of the liability of a potentially
responsible party by the party's performance of specified removal or
remedial actions at the site.
(c) The moneys in the state account may be expended, upon
appropriation by the Legislature, to pay any share of those
potentially responsible parties who did not submit to binding
arbitration pursuant to Section 25356.3 or did not otherwise agree to
pay the costs of the removal and remedial actions specified in the
remedial action plan.
(d) The department or the regional water quality control board
shall identify, and the Attorney General shall pursue recovery from,
those potentially responsible parties who have not submitted to
binding arbitration pursuant to Section 25356.3 or who have not
discharged their obligations required by the final arbitration
decision or the cleanup agreement.
(e) Advances from the state account, upon appropriation by the
Legislature, shall be made available, where appropriate, to those
responsible parties who are required by a cleanup agreement to
perform specified removal or remedial actions pursuant to the
remedial action plan or, if the money advanced derives from the
proceeds of bonds sold pursuant to Article 7.5 (commencing with
Section 25385), for the purposes specified in Section 25385.6.
SEC. 65. Section 25356.5 of the Health
and Safety Code is repealed.
25356.5. The department shall include in the biennial report
specified in Section 25178 an accounting of all of the following:
(a) The actual funds expended for each site listed during the
preceding two years pursuant to Section 25356.
(b) Removal and remedial actions at hazardous substance release
sites pursuant to Section 25356.
(c) The state's efforts to obtain available federal funds for the
purposes of this chapter.
(d) Federal funds which have been obtained by, or committed to,
the state for purposes of this chapter.
(e) The state's efforts to obtain contributions to removal or
remedial actions from potentially responsible parties.
SEC. 66. Section 25356.6 of the Health
and Safety Code is repealed.
25356.6. (a) Notwithstanding any other provision of state law or
any local ordinance or regulation, except as provided in subdivision
(b), to encourage the prompt and effective cleanup of hazardous
substance release sites, a potentially responsible party has no
additional civil liability to any governmental entity under state or
local law, for any prior acts or omissions associated with the
conditions addressed in the remedial action plan which is the subject
of the arbitration decision, if the potentially responsible party
has submitted to binding arbitration and has discharged its
obligations under the arbitration decision, either by paying that
party's apportioned share of the costs of all removal and remedial
actions to the department or the regional water quality control
board, or by performing the specified removal and remedial actions
pursuant to a cleanup agreement. The release from liability specified
in this section is conditioned on complete implementation of the
remedial action plan, including, where appropriate, adequate
sampling, testing, and maintenance of the site to which the remedial
action plan is applicable to ensure that the level of cleanup
required is achieved and maintained. However, this section does not
affect the liability of any person for costs recoverable under
Section 25352, unless these costs are specifically addressed in the
arbitration decision or cleanup agreement. Where these costs are not
addressed in the arbitration decision or cleanup agreement, the
liability for these costs shall be determined pursuant to the
applicable sections of this chapter and may be apportioned among the
potentially responsible parties pursuant to Sections 25356.3 and
25356.4.
(b) The department, the California regional water quality control
board, any party to the arbitration decision, or any party
substantially affected by the arbitration decision may petition the
panel to modify the apportionment of liability in an arbitration
decision. Upon a showing of a material change in the facts known to
the parties to the arbitration decision at the time it was issued,
the panel shall modify the apportionment of liability specified in
the arbitration decision, as appropriate, to reflect these changed
facts. Upon a showing of a material change in the facts known to the
department at the time it issued the final remedial action plan, or
the discovery of new facts, the department or regional board shall
modify the remedial action plan, as appropriate, to reflect new or
additional facts. The arbitration panel shall then modify its
arbitration decision to reflect any modification of the remedial
action plan made by the department.
(c) This section does not affect the existing rights of any
individual to recover civil damages or to obtain equitable relief
against any person, including a potentially responsible party, for
physical injury or property damage caused by the release of hazardous
substances at the site covered by the arbitration decision or at any
other location.
(d) A party who has submitted to arbitration pursuant to this
article and whose liability has been apportioned by the arbitration
panel in an arbitration proceeding may seek indemnity from any other
person liable for the party's apportioned share of the removal and
remedial actions taken at a site which is the subject of the
arbitration decision, including any department, agency contractor, or
any other governmental agency. A potentially responsible party who
does not submit to binding arbitration pursuant to this article, but
whose liability has been apportioned in the arbitration decision and
is subsequently found
liable under this chapter has no right to indemnification for any
removal or remedial action which is the subject of the arbitration
decision from any party to that arbitration decision who has
discharged its obligation under the arbitration decision or the
cleanup agreement.
SEC. 67. Section 25356.7 of the Health
and Safety Code is repealed.
25356.7. In order to encourage rapid resolution of differences
among responsible parties and to speed the cleanup of sites, and
notwithstanding any other provision of law, the following evidence is
admissible in a court of law only to show the good faith of the
parties who have discharged their obligations under an arbitration
decision issued, or cleanup agreement entered into, pursuant to
Section 25356.4 or that the following removal and remedial actions
specified in the remedial action plan were to be performed:
(a) A preliminary allocation of responsibility pursuant to Section
25356.1.
(b) The fact that any person has either participated or has not
participated in a panel arbitration proceeding.
(c) The fact that any person has voluntarily implemented a
remedial action plan, regardless of whether the plan is final for
purposes of Section 25356.1.
(d) Any finding of fact or conclusion of law by the panel,
including the apportionment of liability pursuant to Section 25356.3.
(e) Admissions made during the arbitration proceeding.
(f) Documents prepared by a party which has submitted to binding
arbitration if the documents are prepared after the remedial action
plan has been issued, and if the documents are prepared solely for
the arbitration.
SEC. 68. Section 25356.8 of the Health
and Safety Code is repealed.
25356.8. (a) Judicial review of the arbitration decision on the
apportionment of liability is limited to a showing of fraud by a
party to the arbitration proceeding or an abuse of discretion by the
panel, or both.
(b) Judicial review of a decision by the department or the
regional water quality control board modifying the remedial action
plan pursuant to subdivision (b) of Section 25356.6 shall be
conducted pursuant to Section 1085 of the Code of Civil Procedure and
the standard of review shall be the same as that specified in
subdivision (f) of Section 25356.1.
SEC. 69. Section 25356.9 of the Health
and Safety Code is repealed.
25356.9. (a) The provisions of this chapter relating to the
preparation, approval, and issuance of remedial action plans and to
procedures for the apportionment of liability by the Hazardous
Substance Cleanup Arbitration Panel do not do either of the
following:
(1) Apply to any actions taken pursuant to Chapter 6.5
(commencing with Section 25100).
(2) Prohibit the department or the Attorney General, upon the
request of the department, from pursuing the remedies specified in
subdivision (a) of Section 25358.3 when the director determines that
there may be an imminent or substantial endangerment to the public
health or welfare or to the environment, because of a release or a
threatened release of a hazardous substance.
(b) The department and the Attorney General may pursue any
existing legal, equitable, or administrative remedies, pursuant to
federal or state law, against any potentially responsible party named
in a remedial action plan if the party does not submit to
arbitration pursuant to Section 25356.3 or if the party has not
discharged that party's obligations under an arbitration decision or
cleanup agreement.
SEC. 70. Section 25356.10 of the Health
and Safety Code is repealed.
25356.10. The Office of Environmental Health Hazard Assessment
shall adopt, and may, from time to time, modify, revise, or repeal,
regulations, consistent with this article, to implement the
provisions of this article concerning arbitration proceedings. The
regulations may include, but are not required to be limited to, all
of the following:
(a) The method of initiating arbitration.
(b) The place of hearing, based upon the convenience of the
parties.
(c) Procedures for the selection of neutral arbitrators.
(d) Procedure for conducting hearings.
(e) The providing of experts to assist the arbitrators if
assistance is needed.
(f) Procedures for reimbursing the expenses which the panel
incurs in conducting arbitrations.
SEC. 71. Article 6.5 (commencing with Section
25369) of Chapter 6.8 of Division 20 of the Health and
Safety Code is repealed.
SEC. 72. Section 25390.7 of the Health
and Safety Code is amended to read:
25390.7. A claim for reimbursement under paragraph (1) of
subdivision (c) of Section 25390.3 shall not be filed for any of the
following:
(a) Sites listed on the National Priorities List pursuant to the
federal act (42 U.S.C. Sec. 9605(a)(8)(B)).
(b) Sites remediated pursuant to former Chapter 6.85
(commencing with Section 25396).
(c) Sites, or portions of sites, for which the potentially
responsible party has agreed to take all response action required by
the department or the regional board at the site, and that agreement
is embodied in a written, enforceable settlement agreement,
including, but not limited to, a judicial consent decree, entered
into prior to January 1, 1999.
(d) Sites, or portions of sites, that have been fully remediated
for which the department or the regional board has determined that
the response action is complete prior to January 1, 1999. The
department or the regional board shall not include operation and
maintenance activities in determining whether the response action is
complete under this section.
SEC. 73. Article 8 (commencing with Section
25395.1) of Chapter 6.8 of Division 20 of the Health and
Safety Code is repealed.
SEC. 74. Section 25395.30 of the Health
and Safety Code is amended to read:
25395.30. The following persons are not eligible to apply for a
loan under this article:
(a) A person who has been convicted of a felony or misdemeanor
involving the regulation of hazardous materials, including, but not
limited to, a conviction of a felony or misdemeanor under former
Section 25395.13.
(b) A person who has been convicted of a felony or misdemeanor
involving moral turpitude, including, but not limited to, the crimes
of fraud, bribery, the falsification of records, perjury, forgery,
conspiracy, profiteering, or money laundering.
(c) A person who is in violation of an administrative order or
agreement issued by or entered into with any federal, state, or local
agency that requires response action at a site or a judicial order
or consent decree that requires response action at a site.
(d) A person who knowingly made a false statement regarding a
material fact or knowingly failed to disclose a material fact in
connection with an application submitted to the secretary under this
article.
SEC. 75. Section 25395.99 of the Health
and Safety Code is amended to read:
25395.99. (a) A response plan may require the use of a land use
control that imposes appropriate conditions, restrictions, and
obligations on land use or activities, if, after completion of the
removal and remedial actions specified in the response plan,
hazardous materials remain at the site at a level that is not
suitable for the unrestricted use of the site.
(b) Except as provided in subdivision (c), if the agency approves
a response plan that requires the use of a land use control, the land
use control shall be executed by the landowner and recorded by the
landowner in the office of the county recorder in each county in
which all, or a portion of, the land is located within 10 days of the
date of execution.
(c) An agency shall not issue a certificate of completion to a
person who submits a response plan that is approved by the agency and
that requires the use of a land use control, until the agency
receives a certified copy of the recorded land use control. If the
site that requires the land use control does not have an owner, or
the agency determines the owner is incapable of executing a land use
control in accordance with this section, the agency may record in the
county records a "Notice of Land Use Restriction" that has the same
effect as any other land use control executed pursuant to this
section, and that is subject to the variance and termination
procedures specified in subdivision (f).
(d) Notwithstanding any other provision of law, a land use control
that is executed pursuant to this section and that is recorded so as
to provide constructive notice shall run with the land from the date
of recordation, is binding upon all of the owners of the land, and
their heirs, successors and assignees, and the agents, employees, or
lessees of the owners, heirs, successors and assignees, and is
enforceable pursuant to Article 8 (commencing with Section 25180) of
Chapter 6.5.
(e) Notwithstanding any other provision of law, a land use control
executed pursuant to this section is subject to Section 57012.
(f) A land use control imposed pursuant to this section is subject
to the variance and removal procedures specified in Sections
25233 25223 and 25234.
25224.
SEC. 76. Section 25395.119 of the
Health and Safety Code is amended to read:
25395.119. (a) Using existing resources or when funds become
available, the Secretary for Environmental Protection shall designate
a brownfields ombudsperson whose responsibilities shall include, but
are not limited to, all of the following:
(1) Assisting in the coordination of the brownfields activities of
each office, board, and department within the California
Environmental Protection Agency.
(2) Advocating and expanding the relationship between the
California Environmental Protection Agency and local, state, and
federal governmental entities' efforts pertaining to brownfields.
(3) Serving as the California Environmental Protection Agency's
representative on committees, working groups, and other organizations
pertaining to brownfields.
(4) Providing assistance in investigating complaints from the
public, and helping to resolve and coordinate the resolution of those
complaints relating to the brownfields activities of each office,
board, and department within the California Environmental Protection
Agency.
(5) Facilitating and advocating that the issue of environmental
justice for communities most impacted, including low-income and
racial minority populations, is considered in brownfields activities
of each office, board, and department within the California
Environmental Protection Agency.
(6) Assisting the California Environmental Protection Agency in
implementing the guidelines established under Section 25401.2.
(b) The brownfield ombudsperson is not authorized to make or
reverse a decision of an office, board, or department within the
California Environmental Protection Agency.
SEC. 77. Chapter 6.85 (commencing with Section
25396) of Division 20 of the Health and Safety Code
is repealed.
SEC. 78. Chapter 6.86 (commencing with Section
25396) is added to Division 20 of the Health and Safety
Code , to read:
CHAPTER 6.86. EXPEDITED REMEDIATION
25396. The requirements of the former California Expedited
Remedial Action Reform Act of 1994 (former Chapter 6.85 (commencing
with Section 25396) of Division 20) continue to apply to sites
selected before the effective date of this chapter for participation
in the pilot program established by that act.
SEC. 79. Chapter 6.10 (commencing with Section
25401) of Division 20 of the Health and Safety Code
is repealed.
SEC. 80. Section 25404 of the Health
and Safety Code is amended to read:
25404. (a) For purposes of this chapter, the following terms
shall have the following meanings:
(1) (A) "Certified Unified Program Agency" or "CUPA" means the
agency certified by the secretary to implement the unified program
specified in this chapter within a jurisdiction.
(B) "Participating Agency" or "PA" means a state or local agency
that has a written agreement with the CUPA pursuant to subdivision
(d) of Section 25404.3, and is approved by the secretary, to
implement or enforce one or more of the unified program elements
specified in subdivision (c), in accordance with Sections 25404.1 and
25404.2.
(C) "Unified Program Agency" or "UPA" means the CUPA, or its
participating agencies to the extent each PA has been designated by
the CUPA, pursuant to a written agreement, to implement or enforce a
particular unified program element specified in subdivision (c). The
UPAs have the responsibility and authority to implement and enforce
the requirements listed in subdivision (c), and the regulations
adopted to implement the requirements listed in subdivision (c), to
the extent provided by Chapter 6.5 (commencing with Section 25100),
Chapter 6.67 (commencing with Section 25270), Chapter 6.7 (commencing
with Section 25280), Chapter 6.95 (commencing with Section 25500),
and Sections 25404.1 and 25404.2. After a CUPA has been certified by
the secretary, the unified program agencies and the state agencies
carrying out responsibilities under this chapter shall be the only
agencies authorized to enforce the requirements listed in subdivision
(c) within the jurisdiction of the CUPA.
(2) "Department" means the Department of Toxic Substances Control.
(3) "Minor violation" means the failure of a person to comply with
a requirement or condition of an applicable law, regulation, permit,
information request, order, variance, or other requirement, whether
procedural or substantive, of the unified program that the UPA is
authorized to implement or enforce pursuant to this chapter, and that
does not otherwise include any of the following:
(A) A violation that results in injury to persons or property, or
that presents a significant threat to human health or the
environment.
(B) A knowing, willful, or intentional violation.
(C) A violation that is a chronic violation, or that is committed
by a recalcitrant violator. In determining whether a violation is
chronic or a violator is recalcitrant, the UPA shall consider whether
there is evidence indicating that the violator has engaged in a
pattern of neglect or disregard with respect to applicable regulatory
requirements.
(D) A violation that results in an emergency response from a
public safety agency.
(E) A violation that enables the violator to benefit economically
from the noncompliance, either by reduced costs or competitive
advantage.
(F) A class I violation as provided in Section 25117.6.
(G) A class II violation committed by a chronic or a recalcitrant
violator, as provided in Section 25117.6.
(H) A violation that hinders the ability of the UPA to determine
compliance with any other applicable local, state, or federal rule,
regulation, information request, order, variance, permit, or other
requirement.
(4) "Secretary" means the Secretary for Environmental Protection.
(5) "Unified program facility" means all contiguous land and
structures, other appurtenances, and improvements on the land that
are subject to the requirements listed in subdivision (c).
(6) "Unified program facility permit" means a permit issued
pursuant to this chapter. For the purposes of this chapter, a unified
program facility permit encompasses the permitting requirements of
Section 25284, and permit or authorization requirements under a local
ordinance or regulation relating to the generation or handling of
hazardous waste or hazardous materials, but does not encompass the
permitting requirements of a local ordinance that incorporates
provisions of the California Fire Code or the California Building
Code.
(b) The secretary shall adopt implementing regulations and
implement a unified hazardous waste and hazardous materials
management regulatory program, which shall be known as the unified
program, after holding an appropriate number of public hearings
throughout the state. The unified program shall be developed in close
consultation with the director, the Secretary of California
Emergency Management, the State Fire Marshal, the executive officers
and chairpersons of the State Water Resources Control Board and the
California regional water quality control boards, the local health
officers, local fire services, and other appropriate officers of
interested local agencies, and affected businesses and interested
members of the public, including environmental organizations.
(c) The unified program shall consolidate the administration of
the following requirements and, to the maximum extent feasible within
statutory constraints, shall ensure the coordination and consistency
of any regulations adopted pursuant to those requirements:
(1) (A) Except as provided in subparagraphs (B) and (C), the
requirements of Chapter 6.5 (commencing with Section 25100), and the
regulations adopted by the department pursuant thereto, that are
applicable to all of the following:
(i) Hazardous waste generators, persons operating pursuant to a
permit-by-rule, conditional authorization, or conditional exemption,
pursuant to Chapter 6.5 (commencing with Section 25100) or the
regulations adopted by the department.
(ii) Persons managing perchlorate materials.
(iii) Persons subject to Article 10.1 (commencing with Section
25211) of Chapter 6.5.
(iv) Persons operating a collection location that has been
established under an architectural paint stewardship plan approved by
the Department of Resources Recycling and Recovery pursuant to the
architectural paint recovery program established pursuant to Chapter
5 (commencing with Section 48700) of Part 7 of Division 30 of the
Public Resources Code.
(v) On and before December 31, 2019, a transfer facility, as
described in paragraph (3) of subdivision (a) of Section 25123.3,
that is operated by a door-to-door household hazardous waste
collection program or household hazardous waste residential pickup
service, as defined in subdivision (c) of Section 25218.1. On and
after January 1, 2020, the unified program shall not include a
transfer facility operated by a door-to-door household hazardous
waste collection program.
(B) The unified program shall not include the requirements of
paragraph (3) of subdivision (c) of Section 25200.3, the requirements
of Sections 25200.10 and 25200.14, and the authority to issue an
order under Sections 25187 and 25187.1, with regard to those portions
of a unified program facility that are subject to one of the
following:
(i) A corrective action order issued by the department pursuant to
Section 25187.
(ii) An order issued by the department pursuant to Chapter 6.8
(commencing with Section 25300) or former Chapter 6.85
(commencing with Section 25396).
(iii) A remedial action plan approved pursuant to Chapter 6.8
(commencing with Section 25300) or former Chapter 6.85
(commencing with Section 25396).
(iv) A cleanup and abatement order issued by a California regional
water quality control board pursuant to Section 13304 of the Water
Code, to the extent that the cleanup and abatement order addresses
the requirements of the applicable section or sections listed in this
subparagraph.
(v) Corrective action required under subsection (u) of Section
6924 of Title 42 of the United States Code or subsection (h) of
Section 6928 of Title 42 of the United States Code.
(vi) An environmental assessment pursuant to Section 25200.14 or a
corrective action pursuant to Section 25200.10 or paragraph (3) of
subdivision (c) of Section 25200.3, that is being overseen by the
department.
(C) The unified program shall not include the requirements of
Chapter 6.5 (commencing with Section 25100), and the regulations
adopted by the department pursuant thereto, applicable to persons
operating transportable treatment units, except that any required
notice regarding transportable treatment units shall also be provided
to the CUPAs.
(2) The requirements of Chapter 6.67 (commencing with Section
25270) concerning aboveground storage tanks.
(3) (A) Except as provided in subparagraphs (B) and (C), the
requirements of Chapter 6.7 (commencing with Section 25280)
concerning underground storage tanks and the requirements of any
underground storage tank ordinance adopted by a city or county.
(B) The unified program shall not include the responsibilities
assigned to the State Water Resources Control Board pursuant to
Section 25297.1.
(C) The unified program shall not include the corrective action
requirements of Sections 25296.10 to 25296.40, inclusive.
(4) The requirements of Article 1 (commencing with Section 25500)
of Chapter 6.95 concerning hazardous material release response plans
and inventories.
(5) The requirements of Article 2 (commencing with Section 25531)
of Chapter 6.95, concerning the accidental release prevention
program.
(6) The requirements of Sections 2701.5.1 and 2701.5.2 of the
California Fire Code, as adopted by the State Fire Marshal pursuant
to Section 13143.9 concerning hazardous material management plans and
inventories.
(d) To the maximum extent feasible within statutory constraints,
the secretary shall consolidate, coordinate, and make consistent
these requirements of the unified program with other requirements
imposed by other federal, state, regional, or local agencies upon
facilities regulated by the unified program.
(e) (1) The secretary shall establish standards applicable to
CUPAs, participating agencies, state agencies, and businesses
specifying the data to be collected and submitted by unified program
agencies in administering the programs listed in subdivision (c).
Those standards shall incorporate any standard developed under
Section 25503.3.
(2) (A) No later than January 1, 2010, the secretary shall
establish a statewide information management system capable of
receiving all data collected by the unified program agencies and
reported by regulated businesses pursuant to this subdivision and
Section 25504.1, in a manner that is most cost efficient and
effective for both the regulated businesses and state and local
agencies. The secretary shall prescribe an XML or other compatible
Web-based format for the transfer of data from CUPAs and regulated
businesses and make all nonconfidential data available on the
Internet.
(B) The secretary shall establish milestones to measure the
implementation of the statewide information management system and
shall provide periodic status updates to interested parties.
(3) (A) (i) Except as provided in subparagraph (B), in addition to
any other funding that becomes available, the secretary shall
increase the oversight surcharge provided for in subdivision (b) of
Section 25404.5 by an amount necessary to meet the requirements of
this subdivision for a period of three years, to establish the
statewide information management system, consistent with paragraph
(2). The increase in the oversight surcharge shall not exceed
twenty-five dollars ($25) in any one year of the three-year period.
The secretary shall thereafter maintain the statewide information
management system, funded by the assessment the secretary is
authorized to impose pursuant to Section 25404.5.
(ii) No less than 75 percent of the additional funding raised
pursuant to clause (i) shall be provided to CUPAs and PAs through
grant funds or statewide contract services, in the amounts determined
by the secretary to assist these local agencies in meeting these
information management system requirements.
(B) A facility that is owned or operated by the federal government
and that is subject to the unified program shall pay the surcharge
required by this paragraph to the extent authorized by federal law.
(C) The secretary, or one or more of the boards, departments, or
offices within the California Environmental Protection Agency, shall
seek available federal funding for purposes of implementing this
subdivision.
(4) No later than three years after the statewide information
management system is established, each CUPA, PA, and regulated
business shall report program data electronically. The secretary
shall work with the CUPAs to develop a phased in schedule for the
electronic collection and submittal of information to be included in
the statewide information management system, giving first priority to
information relating to those chemicals determined by the secretary
to be of greatest concern. The secretary, in making this
determination shall consult with the CUPAs, the California Emergency
Management Agency, the State Fire Marshal, and the boards,
departments, and offices within the California Environmental
Protection Agency. The information initially included in the
statewide information management system shall include, but is not
limited to, the hazardous materials inventory information required to
be submitted pursuant to Section 25504.1 for perchlorate materials.
(5) The secretary, in collaboration with the CUPAs, shall provide
technical assistance to regulated businesses to comply with the
electronic reporting requirements and may expend funds identified in
clause (i) of subparagraph (A) of paragraph (3) for that purpose.
SEC. 81. Chapter 6.98 (commencing with Section
25570) of Division 20 of the Health and Safety Code
is repealed.
SEC. 82. Section 44299.91 of the Health
and Safety Code is amended to read:
44299.91. Of the funds appropriated pursuant to Item
3900-001-6053 of Section 2.00 of the Budget Act of 2007, the State
Air Resources Board shall allocate the funds in accordance with all
of the following:
(a) All schoolbuses in operation in the state of model year 1976
or earlier shall be replaced.
(b) (1) The funds remaining after the allocation made pursuant to
subdivision (a) shall be apportioned to local air quality management
districts and air pollution
control districts based on the number of schoolbuses of model years
1977 to 1986, inclusive, that are in operation within each district.
(2) Each district shall determine the percentage of its allocation
to spend between replacement of schoolbuses of model years 1977 to
1986, inclusive, and retrofit of schoolbuses of any model year. Of
the funds spent by a district for replacement of schoolbuses pursuant
to this paragraph, a district shall replace the oldest schoolbuses
of model years 1977 to 1986, inclusive, within the district. Of the
funds spent by a district for retrofit of schoolbuses pursuant to
this paragraph, a district shall retrofit the most polluting
schoolbuses within the district.
(c) All schoolbuses replaced pursuant to this section shall be
scrapped.
(d) These funds shall be administered by either the California
Energy Commission or the local air district.
(e) If a local air district's funds, including accrued interest,
are not committed by an executed contract as reported to the State
Air Resources Board on or before June 30, 2012, then those funds
shall be transferred, on or before January 1, 2013, to another local
air district that demonstrates an ability to expend the funds by
January 1, 2014. In implementing this section, the State Air
Resources Board in consultation with the local air districts shall,
by September 30, 2012, establish a list of potential recipient local
air districts, prioritizing local air districts with the most
polluting school buses and the greatest need for school bus funding.
(f) Each allocation made pursuant to this section to a local air
district shall provide enough funding for at least one project to be
implemented pursuant to the Lower-Emission School Bus Program adopted
by the State Air Resources Board. In the event a local air district
has unspent funds as of January 1, 2014, the local air district shall
work with the State Air Resources Board to transfer the unspent
funds to an alternative local air district with existing demand.
(g) Funds made available pursuant to this chapter to a local air
district shall be expended by June 30, 2014.
(h) All funds not expended by a local air district by June 30,
2014, shall be returned to the State Air Resources Board.
SEC. 83. Section 44392 of the Health
and Safety Code is amended to read:
44392. A facility operator subject to this chapter shall conduct
an airborne toxic risk reduction audit and develop a plan which shall
include at a minimum all of the following:
(a) The name and location of the facility.
(b) The SIC code for the facility.
(c) The chemical name and the generic classification of the
chemical.
(d) An evaluation of the ATRRM's available to the operator.
(e) The specification of, and rationale for, the ATRRMs that will
be implemented by the operator. The audit and plan shall document the
rationale for rejecting ATRRMs that are identified as infeasible or
too costly.
(f) A schedule for implementing the ATRRMs. The schedule shall
meet the time requirements of subdivision (a) of Section 44391 or the
time period for implementing the plan set by the district pursuant
to subdivision (b) or (c) of Section 44391, whichever is applicable.
(g) The audit and plan shall be reviewed and certified as meeting
this chapter by an engineer who is registered as a professional
engineer pursuant to Section 6762 of the Business and Professions
Code, by an individual who is responsible for the processes and
operations of the site, or by an environmental assessor
registered pursuant to Section 25570.3. assessor.
SEC. 84. Section 57009 of the Health
and Safety Code is repealed.
57009. For purposes of this section, the following terms have the
following meanings:
(1) "Agency" means the California Environmental Protection
Agency.
(2) "Contaminated property" means a property located in the study
area that is, or may be, subject to remediation pursuant to Chapter
6.10 (commencing with Section 25401) of Division 20.
(3) "Pilot screening numbers" means the levels published in
Appendix 1 of Volume 2 of the technical report, except that, for
purposes of the study required by this section, the levels published
in Appendix 1 may be used only as informational screening numbers, as
provided in paragraph (3) of subdivision (a) of Section 57008, and
in a manner consistent with the technical report.
(4) "Study area" means the Los Angeles, Santa Ana, and San Diego
regions, as established pursuant to Section 13200 of the Water Code.
(5) "Technical report" means the technical report published by
the San Francisco Regional Water Quality Control Board entitled
"Application of Risk-Based Screening Levels and Decision-Making to
Sites with Impacted Soil and Groundwater (Interim Final-August 2000)"
and any updates to the technical report.
(b) The agency shall conduct a study to evaluate the usefulness
of pilot screening numbers in encouraging remediation at contaminated
properties in the study area. The agency shall conduct the study in
accordance with the requirements of subdivision (c) and shall develop
information that bears on all of the following issues:
(1) The extent to which the pilot screening numbers are an
adequate basis for estimating the degree of effort that may be
necessary to remediate contaminated properties.
(2) Whether the availability of the pilot screening numbers as
information provides an adequate basis for seeking funding from
public or private sector sources to evaluate the feasibility of
remediating a contaminated property and restoring it to productive
use.
(3) The stages in the remediation process for which the pilot
screening numbers are of the most use.
(4) The types of information derived from site investigations
that are most useful, when combined with the pilot screening numbers,
in making decisions concerning the feasibility of remediation of
contaminated properties.
(5) Whether the availability of pilot screening numbers as
information enables a person interested in the remediation of a
contaminated property to determine, within an acceptable range, the
relationship between the estimated cost of remediation of the
property and the economic and social benefits that may derive from
the property if it is restored to any of its reasonably foreseeable
uses.
(c) The agency shall carry out the study required by subdivision
(b) in the study area over the period commencing on March 1, 2002,
until March 1, 2004. On or before June 30, 2004, the agency shall do
all of the following:
(1) Prepare a brief document that explains what are screening
numbers, what is the relationship of screening numbers to regulatory
cleanup levels, and how screening numbers may be used to make
judgments concerning the feasibility of restoring a contaminated
property to productive use, and the degree of effort that may be
required to remediate the property.
(2) Post the explanatory document prepared pursuant to paragraph
(1), the technical report, and updates to the technical report, on
the Internet Web sites maintained by the Department of Toxic
Substances Control and by the California regional water quality
control boards that have jurisdiction in the study area.
(3) Identify 25 contaminated properties in the study area that
are remediated during the test period of March 1, 2002, until March
1, 2004, to determine the effects of the availability of the pilot
screening numbers as information on the course of remediation and
revitalization of contaminated properties and on assisting persons
involved with the remediation to make meaningful decisions concerning
the feasibility and effectiveness of remediation activities and
assess whether the pilot screening numbers were more or less
stringent than the required cleanup levels.
(d) The agency may not include in the pilot study more than 25
remediated contaminated properties in the study area.
(e) The study required by this section does not create any legal
or regulatory authorization to use the pilot screening numbers. The
pilot screening numbers are only available as information.
(f) The agency shall evaluate the information developed by the
study required by this section, use the information as appropriate to
carry out the requirements of Section 57008, and, to the extent the
information is timely, provide the information and the evaluation to
the contractor preparing the study required by Section 57010.
(g) The agency shall post the information developed by the study
required by this section and the information required under paragraph
(2) of subdivision (c) on its Internet Web site.
(h) Nothing in this section affects the authority of the
Department of Toxic Substances Control, the State Water Resources
Control Board, or a regional water quality control board to take
action under any applicable law or regulation regarding a release or
threatened release of hazardous materials.
SEC. 85. Section 58004.5 of the Health
and Safety Code is repealed.
58004.5. (a) The department succeeds to, and is vested with, all
of the duties, powers, purposes, responsibilities, and jurisdiction
of the Office of Environmental Health Hazard Assessment with regard
to the Environmental Quality Assessment Act of 1986 (Chapter 6.98
(commencing with Section 25570)).
(b) The Director of Toxic Substances Control may expend the
unexpended balance of any funds available for expenditure by the
Director of Environmental Health Hazard Assessment in connection with
the performance of the functions of the Director of Environmental
Health Hazard Assessment in carrying out the Environmental Quality
Assessment Act of 1986.
(c) All officers and employees of the Office of Environmental
Health Hazard Assessment who are serving in the state civil service,
other than as temporary employees, and engaged in the performance of
a function in carrying out the Environmental Quality Assessment Act
of 1986 shall be transferred to the department. The status,
positions, and rights of those persons shall not be affected by the
transfer and shall be retained by them as officers and employees of
the Department of Toxic Substances Control, pursuant to the State
Civil Service Act (Part 2 (commencing with Section 18500) of Division
5 of Title 2 of the Government Code), except as to positions
exempted from civil service.
(d) The department shall have possession and control of all
records, papers, offices, equipment, supplies, money, funds,
appropriations, licenses, permits, agreements, contracts, claims,
judgments, and land or other property, real or personal, held for the
benefit or use of the Office of Environmental Health Hazard
Assessment for purposes of the functions transferred to the
department to subdivision (a).
(e) Any regulation adopted before January 1, 2003, by the Office
of Environmental Health Hazard Assessment or its predecessors,
relating to carrying out the Environmental Quality Assessment Act of
1986, as specified in subdivision (a), that are in effect on January
1, 2003, shall remain in effect on and after January 1, 2003, and are
enforceable by the department until readopted, amended, or repealed
by the department.
SEC. 86. Section 106615 of the Health
and Safety Code is amended to read:
106615. The words and phrases defined in this section shall have
the following meaning, unless the context clearly indicates
otherwise:
(a) "Department" means the State Department of Public
Health Services.
(b) "Committee" means the Environmental Health Specialist
Registration Committee.
(c) "Registered environmental health specialist" means an
environmental health professional educated and trained within the
field of environmental health who is registered in accordance with
the provisions of this article. A registered environmental
health specialist registered under this article also meets the
requirements for registration as an environmental assessor pursuant
to Section 25570.
(d) "Environmental health specialist trainee" means a person who
possesses (1) a minimum of a bachelor's degree, including 30 semester
units of basic sciences, from a department approved educational
institution or an educational institution of collegiate grade listed
in the directory of accredited institutions of postsecondary
education compiled by the American Council on Education, but who has
not completed the specific coursework and experience requirements in
the field of environmental health as required by Section 106660 for
registration, and (2) who is engaged in an approved environmental
health training plan.
(e) "Scope of practice in environmental health" means the practice
of environmental health by registered environmental health
specialists in the public and private sector within the meaning of
this article and includes, but is not limited to, organization,
management, education, enforcement, consultation, and emergency
response for the purpose of prevention of environmental health
hazards and the promotion and protection of the public health and the
environment in the following areas: food protection; housing;
institutional environmental health; land use; community noise
control; recreational swimming areas and waters; electromagnetic
radiation control; solid, liquid, and hazardous materials management;
underground storage tank control; onsite septic systems; vector
control; drinking water quality; water sanitation; emergency
preparedness; and milk and dairy sanitation pursuant to Section 33113
of the Food and Agricultural Code. Activities of registered
environmental health specialists shall be regulated by the department
upon the recommendation of the committee.
(f) "Certificate of registration" means a signed document issued
by the department as evidence of registration and qualification to
practice as a registered environmental health specialist under this
article. The certificate shall bear the designation "registered
environmental health specialist" and shall show the name of the
person, date of issue, registration number, and seal.
(g) "Experience requirement" means on-the-job training and
experience, as stated in this article, that all environmental health
specialist trainees shall complete prior to obtaining eligibility for
the environmental health specialist examination.
(h) "Approved environmental health training plan" means a training
program in an organization that plans to utilize environmental
health specialist trainees and has on file with the department a copy
of its training plan that conforms with the requirements of Section
106665, and that has been approved by the committee.
(i) "Director" means the director.
SEC. 87. Section 3258 of the Public
Resources Code is amended to read:
3258. (a) The division shall not make expenditures pursuant to
this article that exceed the following sum in any one fiscal year:
(1) Two million dollars ($2,000,000) commencing on July 1, 2008,
for the 2008-09 fiscal year, and continuing for three
six fiscal years thereafter.
(2) One million dollars ($1,000,000), commencing with the
2012-13 2015-16 fiscal year.
(b) On October 1, 2011, the department shall report to the
Legislature on the number of orphan wells remaining, the estimated
costs of abandoning those orphan wells, and a timeline for future
orphan well abandonment with a specific schedule of goals.
SEC. 88. It is the intent of the Legislature that
the Department of Parks and Recreation take all of the following
actions to ensure that units of the state park system are operated as
economically and efficiently as possible:
(a) To the extent consistent with state law, the department should
undergo a reclassification of its personnel by adding nonpeace
officer status position classifications to allow for a concurrent
pathway for nonpeace officer status personnel, and reduce the overall
number of peace officers functioning in nonpeace officer positions.
(b) The department should maximize revenue generation activities
that are consistent with the mission of the department and each park
district and unit within the control of the department. All such
revenue generation activities should be viewed as complementary to
the public investment in the department that provides significant
public recreational opportunities and that protects significant
historical, cultural, and natural resources. The purpose of the
revenue generation program is to allow the department to creatively
focus on new revenue sources that are consistent with the respective
missions and purposes of each of its units.
(c) The department should provide each park district with a direct
financial incentive to generate revenues consistent with sound
fiscal practices and the respective missions and purposes of the park
units in each district. The revenues could be generated through the
collection of entrance and parking fees and other projects and
activities that may assist each district in building additional
program capacity or maintaining or expanding visitor services and
amenities that are consistent with the respective missions and
purposes of the department or its units.
(d) The department should have an incentive to increase the funds
it may have available for expenditure to improve the department's own
revenue generation capabilities, and supplement the General Fund
support of the department. Moneys received from the revenue
generation activities authorized under Section 5010.7 of the Public
Resources Code should be divided between the department and
individual park districts.
SEC. 89. Section 5010.6 is added to the
Public Resources Code , to read:
5010.6. (a) For purposes of this section, "subaccount" means the
State Parks Revenue Incentive Subaccount created pursuant to this
section.
(b) The State Parks Revenue Incentive Subaccount is hereby created
within the State Parks and Recreation Fund and the Controller shall
annually transfer fifteen million three hundred forty thousand
dollars ($15,340,000) from the State Parks and Recreation Fund to the
subaccount.
(c) Notwithstanding Section 13340 of the Government Code, the
funds in the subaccount are hereby continuously appropriated to the
department to create incentives for projects that are consistent with
the mission of the department and that generate revenue, except the
department shall not expend from the subaccount more than eleven
million dollars ($11,000,000) annually pursuant to Section 5003.
(d) The Office of State Audits and Evaluations shall review the
activities funded from the subaccount pursuant to subdivision (c) to
ensure appropriate internal controls are in place. The department
shall reimburse the Office of State Audits and Evaluations from the
subaccount for any costs related to the review.
(e) The revenue generated from projects funded by the subaccount
shall be deposited in the subaccount and are continuously
appropriated for expenditure by the department in accordance with the
following:
(1) At least 50 percent of the revenue generated shall be expended
in the district of the department that earned that revenue, as an
incentive for revenue generation.
(2) The remaining revenue may be expended by the department
pursuant to subdivision (c), including, but not limited to, for
expenditure pursuant to Section 5003.
(f) The funds in the subaccount shall be available for encumbrance
and expenditure until June 30, 2014, and for liquidation until June
30, 2016.
(g) This section shall become inoperative on June 30, 2016, and,
as of January 1, 2017, is repealed, unless a later enacted statute,
that becomes operative on or before January 1, 2017, deletes or
extends the dates on which it becomes inoperative and is repealed.
SEC. 90. Secti on 5010.6.5 is added to
the Public Resources Code , to read:
5010.6.5. On July 1, 2016, the Controller shall transfer any
unexpended funds remaining in the State Parks Revenue Incentive
Subaccount created pursuant to Section 5010.6 to the State Parks and
Recreation Fund.
SEC. 91. Section 5010.7 is added to the
Public Resources Code , to read:
5010.7. (a) The department shall develop a revenue generation
program as an essential component of a long-term sustainable park
funding strategy. On or before October 1, 2012, the department shall
assign a two-year revenue generation target to each district under
the control of the department. The revenue target may be amended
annually for subsequent years, beginning in the 2015-16 fiscal year.
The department shall develop guidelines for districts to report the
use of funds generated by the revenue generation program, and shall
post information and copies of the reports on its Internet Web site.
(b) All revenues generated by the revenue generation program
developed pursuant to subdivision (a) shall be deposited into the
California State Park Enterprise Fund, which is hereby created in the
State Treasury as a working capital fund, and the revenues shall be
available to the department upon appropriation by the Legislature,
for expenditure for those purposes specified in this section.
(c) Moneys appropriated to the department pursuant to subdivision
(b) and Section 5010.6 shall be expended as follows:
(1) (A) The department shall allocate 40 percent of the total
amount of revenues generated by a park district to that district if
the amount of revenues generated exceeds the targeted revenue amount
prescribed in the revenue generation program. The revenues to be
allocated to a park district that fails to achieve the revenue target
shall remain in the fund.
(B) With the approval of the director, each district shall use the
funds it receives from the department from the revenue generation
program to improve the parks in that district through revenue
generation programs and projects and other activities that will
assist in the district's revenue generation activities, and the
programs, projects, and other activities shall be consistent with the
mission and purpose of each unit and with the plan developed for the
unit pursuant to subdivision (a) of Section 5002.2.
(2) The department shall use 40 percent of the funds generated
from the revenue generation activities of the department for the
following purposes:
(A) To fund the capital costs of construction and installation of
new revenue and fee collection equipment and technologies and other
physical upgrades to existing state park system lands and facilities.
(B) For costs of restoration and rehabilitation of the state park
system and its natural, historical, and visitor-serving resources
that enhance visitation and are designed to create opportunities to
increase revenues.
(C) For costs to the department to implement the action plan
required to be developed by the department pursuant to Section
5019.92 of the Public Resources Code.
(d) (1) The department shall establish a revolving loan program
and prepare guidelines establishing a process for districts to apply
for funds that exceed the amount of funds provided to the districts
pursuant to paragraph (1) of subdivision (c). It is the intent of the
Legislature that the revolving loan program fund only those projects
that will contribute to the success of the department's revenue
generation program and the continual growth of the fund over time.
Districts may apply for funds for capital projects, personnel, and
operations that are consistent with this subdivision, including the
costs of preparing an application. The department shall provide an
annual accounting to the Department of Finance and the relevant
legislative committees of the use of those funds.
(2) The guidelines prepared pursuant to paragraph (1) shall
require that applications for funding include all of the following:
(A) A clear description of the proposed use of funds, including
maps and other drawings, as applicable.
(B) A market analysis demonstrating demand for
the project or service.
(C) The projected life-span of the project, which must be at least
20 years for a proposed capital project.
(D) A projection of revenues, including the specific assumptions
for annual income, fees, occupancy rates, pricing, and other relevant
criteria upon which the projection is based.
(E) A projection of costs, including, but not limited to, design,
planning, construction, operation, staff, maintenance, marketing, and
information technology.
(F) The timeframe for implementation, including all necessary
reviews and permitting.
(G) The projected net return on investment of the life of the
project.
(H) Provisions providing for mandatory reporting on the project by
districts to the department.
(e) The department shall rank all of the proposals and award loans
for projects or other activities to districts based on the following
criteria, as well as other considerations that the department
considers relevant:
(1) Return on investment.
(2) Length of time for implementation.
(3) Length of time for the project debt to be retired.
(4) Percentage of total project costs paid by the district or by a
source of matching funds.
(5) Annual operating costs.
(f) The funds generated by the revenue generation program shall
not be used by the department to expand the park system, unless there
is significant revenue generation potential from such an expansion.
(g) Moneys received by the department from private contributions
and other public funding sources may also be deposited into the
California State Park Enterprise Fund for use for the purposes of
paragraph (3) of subdivision (c) and subdivision (d).
(h) The department shall provide all relevant information on its
Internet Web site concerning how the working capital funds are spent,
including the guidelines and the department's ranking criteria for
each funded loan agreement.
(i) A project agreement shall be negotiated between the department
and a park unit and the total amount of requested project costs
shall be allocated to the district as soon as is feasible when the
agreement is finalized.
(j) The department may recoup its costs for implementing and
administering the working capital from the fund.
SEC. 92. Section 5096.255 of the Public
Resources Code is amended to read:
5096.255. Bonds in the total amount of three hundred
seventy sixty-eight million nine hundred
thousand dollars ($370,000,000)
($368,900,000) , or so much thereof as is necessary, may be
issued and sold to provide a fund to be used for carrying out the
purposes expressed in this chapter and to be used to reimburse the
General Obligation Bond Expense Revolving Fund pursuant to Section
16724.5 of the Government Code. The bonds shall, when sold, be and
constitute a valid and binding obligation of the State of California,
and the full faith and credit of the State of California is hereby
pledged for the punctual payment of both principal and interest on
the bonds as the principal and interest become due and payable.
SEC. 93. Section 5930 of the Public
Resources Code is amended to read:
5930. (a) (1)
Bonds in the total amount of seven
hundred seventy-six sixty-eight million
six hundred seventy thousand dollars
($776,000,000) ($768,670,000) , or so much
thereof as is necessary, may be issued and sold to be used for
carrying out the purposes expressed in this division and in Chapter
7.5 (commencing with Section 2700) of Division 3 of the Fish and Game
Code and to be used to reimburse the General Obligation Bond Expense
Revolving Fund pursuant to Section 16724.5 of the Government Code. A
sum, not to exceed seven hundred twenty-six million dollars
($726,000,000) of the bond proceeds, shall be deposited in the
California Wildlife, Coastal, and Park Land Conservation Fund of 1988
for the purposes of this division, and a sum, not to exceed fifty
million dollars ($50,000,000) of bond proceeds, shall be deposited in
the Wildlife and Natural Areas Conservation Fund for the purposes of
the Wildlife and Natural Areas Conservation Program (Chapter 7.5
(commencing with Section 2700) of Division 3 of the Fish and Game
Code). The bonds shall, when sold, be and constitute a valid and
binding obligation of the State of California, and the full faith and
credit of the State of California is hereby pledged for the punctual
payment of both principal and interest as they become due and
payable.
SEC. 94. Section 14574 of the Public
Resources Code , as amended by Section 262 of Chapter 296
of the Statutes of 2011, is amended to read:
14574. (a) (1) A distributor of beverage containers shall pay to
the department the redemption payment for every beverage container,
other than a refillable beverage container, sold or transferred to a
dealer, less 1.5 percent for the distributor's administrative costs.
(2) The payment made by a distributor shall be made not later than
the last day of the third month following the
sale. The distributor shall make the payment in the form and manner
that the department prescribes.
(b) (1) Notwithstanding subdivision (a), if a distributor displays
a pattern of operation in compliance with this division and the
regulations adopted pursuant to this division, to the satisfaction of
the department, the distributor may make a single annual payment of
redemption payments, if the distributor's projected redemption
payment for a calendar year totals less than seventy-five thousand
dollars ($75,000).
(2) An annual redemption payment made pursuant to this subdivision
is due and payable on or before February 1 for every beverage
container sold or transferred by the distributor to a dealer in the
previous calendar year.
(3) A distributor shall notify the department of its intent to
make an annual redemption payment pursuant to this subdivision on or
before January 31 of the calendar year for which the payment will be
due.
(c) This section shall become effective on July 1, 2012.
SEC. 95. Section 21155.1 of the Public
Resources Code is amended to read:
21155.1. If the legislative body finds, after conducting a public
hearing, that a transit priority project meets all of the
requirements of subdivisions (a) and (b) and one of the requirements
of subdivision (c), the transit priority project is declared to be a
sustainable communities project and shall be exempt from this
division.
(a) The transit priority project complies with all of the
following environmental criteria:
(1) The transit priority project and other projects approved prior
to the approval of the transit priority project but not yet built
can be adequately served by existing utilities, and the transit
priority project applicant has paid, or has committed to pay, all
applicable in-lieu or development fees.
(2) (A) The site of the transit priority project does not contain
wetlands or riparian areas and does not have significant value as a
wildlife habitat, and the transit priority project does not harm any
species protected by the federal Endangered Species Act of 1973 (16
U.S.C. Sec. 1531 et seq.), the Native Plant Protection Act (Chapter
10 (commencing with Section 1900) of Division 2 of the Fish and Game
Code), or the California Endangered Species Act (Chapter 1.5
(commencing with Section 2050) of Division 3 of the Fish and Game
Code), and the project does not cause the destruction or removal of
any species protected by a local ordinance in effect at the time the
application for the project was deemed complete.
(B) For the purposes of this paragraph, "wetlands" has the same
meaning as in the United States Fish and Wildlife Service Manual,
Part 660 FW 2 (June 21, 1993).
(C) For the purposes of this paragraph:
(i) "Riparian areas" means those areas transitional between
terrestrial and aquatic ecosystems and that are distinguished by
gradients in biophysical conditions, ecological processes, and biota.
A riparian area is an area through which surface and subsurface
hydrology connect waterbodies with their adjacent uplands. A riparian
area includes those portions of terrestrial ecosystems that
significantly influence exchanges of energy and matter with aquatic
ecosystems. A riparian area is adjacent to perennial, intermittent,
and ephemeral streams, lakes, and estuarine-marine shorelines.
(ii) "Wildlife habitat" means the ecological communities upon
which wild animals, birds, plants, fish, amphibians, and
invertebrates depend for their conservation and protection.
(iii) Habitat of "significant value" includes wildlife habitat of
national, statewide, regional, or local importance; habitat for
species protected by the federal Endangered Species Act of 1973 (16
U.S.C. Sec. 1531, et seq.), the California Endangered Species Act
(Chapter 1.5 (commencing with Section 2050) of Division 3 of the Fish
and Game Code), or the Native Plant Protection Act (Chapter 10
(commencing with Section 1900) of Division 2 of the Fish and Game
Code); habitat identified as candidate, fully protected, sensitive,
or species of special status by local, state, or federal agencies; or
habitat essential to the movement of resident or migratory wildlife.
(3) The site of the transit priority project is not included on
any list of facilities and sites compiled pursuant to Section 65962.5
of the Government Code.
(4) The site of the transit priority project is subject to a
preliminary endangerment assessment prepared by a registered
an environmental assessor to determine the
existence of any release of a hazardous substance on the site and to
determine the potential for exposure of future occupants to
significant health hazards from any nearby property or activity.
(A) If a release of a hazardous substance is found to exist on the
site, the release shall be removed or any significant effects of the
release shall be mitigated to a level of insignificance in
compliance with state and federal requirements.
(B) If a potential for exposure to significant hazards from
surrounding properties or activities is found to exist, the effects
of the potential exposure shall be mitigated to a level of
insignificance in compliance with state and federal requirements.
(5) The transit priority project does not have a significant
effect on historical resources pursuant to Section 21084.1.
(6) The transit priority project site is not subject to any of the
following:
(A) A wildland fire hazard, as determined by the Department of
Forestry and Fire Protection, unless the applicable general plan or
zoning ordinance contains provisions to mitigate the risk of a
wildland fire hazard.
(B) An unusually high risk of fire or explosion from materials
stored or used on nearby properties.
(C) Risk of a public health exposure at a level that would exceed
the standards established by any state or federal agency.
(D) Seismic risk as a result of being within a delineated
earthquake fault zone, as determined pursuant to Section 2622, or a
seismic hazard zone, as determined pursuant to Section 2696, unless
the applicable general plan or zoning ordinance contains provisions
to mitigate the risk of an earthquake fault or seismic hazard zone.
(E) Landslide hazard, flood plain, flood way, or restriction zone,
unless the applicable general plan or zoning ordinance contains
provisions to mitigate the risk of a landslide or flood.
(7) The transit priority project site is not located on developed
open space.
(A) For the purposes of this paragraph, "developed open space"
means land that meets all of the following criteria:
(i) Is publicly owned, or financed in whole or in part by public
funds.
(ii) Is generally open to, and available for use by, the public.
(iii) Is predominantly lacking in structural development other
than structures associated with open spaces, including, but not
limited to, playgrounds, swimming pools, ballfields, enclosed child
play areas, and picnic facilities.
(B) For the purposes of this paragraph, "developed open space"
includes land that has been designated for acquisition by a public
agency for developed open space, but does not include lands acquired
with public funds dedicated to the acquisition of land for housing
purposes.
(8) The buildings in the transit priority project are 15 percent
more energy efficient than required by Chapter 6 of Title 24 of the
California Code of Regulations and the buildings and landscaping are
designed to achieve 25 percent less water usage than the average
household use in the region.
(b) The transit priority project meets all of the following land
use criteria:
(1) The site of the transit priority project is not more than
eight acres in total area.
(2) The transit priority project does not contain more than 200
residential units.
(3) The transit priority project does not result in any net loss
in the number of affordable housing units within the project area.
(4) The transit priority project does not include any single level
building that exceeds 75,000 square feet.
(5) Any applicable mitigation measures or performance standards or
criteria set forth in the prior environmental impact reports, and
adopted in findings, have been or will be incorporated into the
transit priority project.
(6) The transit priority project is determined not to conflict
with nearby operating industrial uses.
(7) The transit priority project is located within one-half mile
of a rail transit station or a ferry terminal included in a regional
transportation plan or within one-quarter mile of a high-quality
transit corridor included in a regional transportation plan.
(c) The transit priority project meets at least one of the
following three criteria:
(1) The transit priority project meets both of the following:
(A) At least 20 percent of the housing will be sold to families of
moderate income, or not less than 10 percent of the housing will be
rented to families of low income, or not less than 5 percent of the
housing is rented to families of very low income.
(B) The transit priority project developer provides sufficient
legal commitments to the appropriate local agency to ensure the
continued availability and use of the housing units for very low,
low-, and moderate-income households at monthly housing costs with an
affordable housing cost or affordable rent, as defined in Section
50052.5 or 50053 of the Health and Safety Code, respectively, for the
period required by the applicable financing. Rental units shall be
affordable for at least 55 years. Ownership units shall be subject to
resale restrictions or equity sharing requirements for at least 30
years.
(2) The transit priority project developer has paid or will pay
in-lieu fees pursuant to a local ordinance in an amount sufficient to
result in the development of an equivalent number of units that
would otherwise be required pursuant to paragraph (1).
(3) The transit priority project provides public open space equal
to or greater than five acres per 1,000 residents of the project.
SEC. 96. Section 21159.21 of the Public
Resources Code is amended to read:
21159.21. A housing project qualifies for an exemption from this
division pursuant to Section 21159.22, 21159.23, or 21159.24 if it
meets the criteria in the applicable section and all of the following
criteria:
(a) The project is consistent with any applicable general plan,
specific plan, and local coastal program, including any mitigation
measures required by a plan or program, as that plan or program
existed on the date that the application was deemed complete and with
any applicable zoning ordinance, as that zoning ordinance existed on
the date that the application was deemed complete, except that a
project shall not be deemed to be inconsistent with the zoning
designation for the site if that zoning designation is inconsistent
with the general plan only because the project site has not been
rezoned to conform with a more recently adopted general plan.
(b) Community-level environmental review has been adopted or
certified.
(c) The project and other projects approved prior to the approval
of the project can be adequately served by existing utilities, and
the project applicant has paid, or has committed to pay, all
applicable in-lieu or development fees.
(d) The site of the project does not contain wetlands, does not
have any value as a wildlife habitat, and the project does not harm
any species protected by the federal Endangered Species Act of 1973
(16 U.S.C. Sec. 1531 et seq.) or by the Native Plant Protection Act
(Chapter 10 (commencing with Section 1900) of Division 2 of the Fish
and Game Code), the California Endangered Species Act (Chapter 1.5
(commencing with Section 2050) of Division 3 of the Fish and Game
Code), and the project does not cause the destruction or removal of
any species protected by a local ordinance in effect at the time the
application for the project was deemed complete. For the purposes of
this subdivision, "wetlands" has the same meaning as in Section 328.3
of Title 33 of the Code of Federal Regulations and "wildlife habitat"
means the ecological communities upon which wild animals, birds,
plants, fish, amphibians, and invertebrates depend for their
conservation and protection.
(e) The site of the project is not included on any list of
facilities and sites compiled pursuant to Section 65962.5 of the
Government Code.
(f) The site of the project is subject to a preliminary
endangerment assessment prepared by a registered
an environmental assessor to determine the existence of
any release of a hazardous substance on the site and to determine the
potential for exposure of future occupants to significant health
hazards from any nearby property or activity.
(1) If a release of a hazardous substance is found to exist on the
site, the release shall be removed, or any significant effects of
the release shall be mitigated to a level of insignificance in
compliance with state and federal requirements.
(2) If a potential for exposure to significant hazards from
surrounding properties or activities is found to exist, the effects
of the potential exposure shall be mitigated to a level of
insignificance in compliance with state and federal requirements.
(g) The project does not have a significant effect on historical
resources pursuant to Section 21084.1.
(h) The project site is not subject to any of the following:
(1) A wildland fire hazard, as determined by the Department of
Forestry and Fire Protection, unless the applicable general plan or
zoning ordinance contains provisions to mitigate the risk of a
wildland fire hazard.
(2) An unusually high risk of fire or explosion from materials
stored or used on nearby properties.
(3) Risk of a public health exposure at a level that would exceed
the standards established by any state or federal agency.
(4) Within a delineated earthquake fault zone, as determined
pursuant to Section 2622, or a seismic hazard zone, as determined
pursuant to Section 2696, unless the applicable general plan or
zoning ordinance contains provisions to mitigate the risk of an
earthquake fault or seismic hazard zone.
(5) Landslide hazard, flood plain, flood way, or restriction zone,
unless the applicable general plan or zoning ordinance contains
provisions to mitigate the risk of a landslide or flood.
(i) (1) The project site is not located on developed open space.
(2) For the purposes of this subdivision, "developed open space"
means land that meets all of the following criteria:
(A) Is publicly owned, or financed in whole or in part by public
funds.
(B) Is generally open to, and available for use by, the public.
(C) Is predominantly lacking in structural development other than
structures associated with open spaces, including, but not limited
to, playgrounds, swimming pools, ballfields, enclosed child play
areas, and picnic facilities.
(3) For the purposes of this subdivision, "developed open space"
includes land that has been designated for acquisition by a public
agency for developed open space, but does not include lands acquired
by public funds dedicated to the acquisition of land for housing
purposes.
(j) The project site is not located within the boundaries of a
state conservancy.
SEC. 97. Chapter 8.1 (commencing with Section
25710) is added to Division 15 of the Public Resources
Code , to read:
CHAPTER 8.1. ELECTRIC PROGRAM INVESTMENT CHARGE FUND
25710. For the purposes of this chapter, the following terms have
the following meanings:
(a) "Electric Program Investment Charge" means the surcharge
instituted by the Public Utilities Commission pursuant to Decision
11-12-035 or any subsequent decisions to collect funds for renewable
energy programs and research, development, and demonstration
programs.
(b) "Fund" means the portion of the Electric Program Investment
Charge Fund created by Section 25711.
25711. For the purposes of implementing this chapter, the
Electric Program Investment Charge Fund is hereby created in the
State Treasury.
(a) The commission shall administer the fund.
(b) At least quarterly, moneys received by the Public Utilities
Commission pursuant to the Electric Program Investment Charge for
those programs the Public Utilities Commission has determined should
be administered by the Energy Commission shall be forwarded by the
Public Utilities Commission to the commission for deposit in the
fund.
(c) The Controller shall, as directed by the commission, disburse
moneys in the fund for purposes of this chapter.
(d) The commission may use moneys in the fund for the
administration of this chapter, as authorized by the Public Utilities
Commission and appropriated by the Legislature in the annual Budget
Act.
25712. This chapter does not authorize the levy of a charge or
any increase in the amount collected pursuant to any existing charge,
nor does it add to, or detract from, any existing authority of the
Public Utilities Commission to levy or increase charges.
SEC. 98. Section 25740.5 of the Public
Resources Code is amended to read:
25740.5. (a) The commission shall optimize public investment and
ensure that the most cost-effective and efficient investments in
renewable energy resources are vigorously pursued.
(b) The commission's long-term goal shall be a fully competitive
and self-sustaining supply of electricity generated from renewable
sources.
(c) The program objective shall be to increase, in the near term,
the quantity of California's electricity generated by renewable
electrical generation facilities located in this state, while
protecting system reliability, fostering resource diversity, and
obtaining the greatest environmental benefits for California
residents.
(d) An additional objective of the program shall be to identify
and support emerging renewable technologies in distributed generation
applications that have the greatest near-term commercial promise and
that merit targeted assistance.
(e) The Legislature recommends allocations among all of the
following:
(1) Rebates, buydowns, or equivalent incentives for emerging
renewable technologies.
(2) Customer education.
(3) Production incentives for reducing fuel costs, that are
confirmed to the satisfaction of the commission, at solid fuel
biomass energy facilities in order to provide demonstrable
environmental and public benefits, including improved air quality.
(4) Solar thermal generating resources that enhance the
environmental value or reliability of the electrical system and that
require financial assistance to remain economically viable, as
determined by the commission. The commission may require financial
disclosure from applicants for purposes of this paragraph.
(5) Specified fuel cell technologies, if the commission makes all
of the following findings:
(A) The specified technologies have similar or better air
pollutant characteristics than renewable technologies in the report
made pursuant to Section 25748.
(B) The specified technologies require financial assistance to
become commercially viable by reference to wholesale generation
prices.
(C) The specified technologies could contribute significantly to
the infrastructure development or other innovation required to meet
the long-term objective of a self-sustaining, competitive supply of
electricity generated from renewable sources.
(6) Existing wind-generating resources, if the commission finds
that the existing wind-generating resources are a cost-effective
source of reliable energy and environmental benefits compared with
other renewable electrical generation facilities located in this
state, and that the existing wind-generating resources require
financial assistance to remain economically viable. The commission
may require financial disclosure from applicants for the purposes of
this paragraph.
(f) Notwithstanding
25740.5. Notwithstanding any other law,
moneys collected for renewable energy pursuant to Article 15
(commencing with Section 399) of Chapter 2.3 of Part 1 of Division 1
of the Public Utilities Code shall be transferred to the Renewable
Resource Trust Fund. Moneys collected between January 1, 2007, and
January 1, 2012, shall be used for the purposes specified in this
chapter.
SEC. 99. Section 25742 of the Public
Resources Code is repealed.
25742. (a) Twenty percent of the funds collected pursuant to the
renewable energy public goods charge shall be used for programs that
are designed to achieve fully competitive and
self-sustaining existing renewable electrical
generation facilities located in this state, and to secure for the
state the environmental, economic, and reliability benefits that
continued operation of those facilities will provide during the
2007-2011 investment cycle. Eligibility for production incentives
under this section shall be limited to those technologies found
eligible for funds by the commission pursuant to paragraphs (3), (4),
and (6) of subdivision (e) of Section 25740.5.
(b) Any funds used to support renewable electrical generation
facilities located in this state pursuant to this section shall be
expended in accordance with the provisions of this chapter.
(c) Facilities that are eligible to receive funding pursuant to
this section shall be registered in accordance with criteria
developed by the commission and those facilities shall not receive
payments for any electricity produced that has any of the following
characteristics:
(1) Is sold at monthly average rates equal to, or greater than,
the applicable target price, as determined by the commission.
(2) Is used onsite.
(d) (1) Existing facilities located in this state generating
electricity from biomass energy shall be eligible for funding and
otherwise considered a renewable electrical generation facility only
if they report to the commission the types and quantities of biomass
fuels used.
(2) The commission shall report the types and quantities of
biomass fuels used by each facility to the Legislature in the reports
prepared pursuant to Section 25748.
(e) Each existing facility seeking an award pursuant to this
section shall be evaluated by the commission to determine the amount
of the funds being sought, the cumulative amount of funds the
facility has received previously from the commission and other state
sources, the value of any past and current federal or state tax
credits, the facility's contract price for energy and capacity, the
prices received by similar facilities, the market value of the
facility, and the likelihood that the award will make the facility
competitive and self-sustaining within the 2007-2011 investment
cycle. The commission shall use this evaluation to determine the
value of an award to the public relative to other renewable energy
investment alternatives. The commission shall compile its findings
and report them to the Legislature in the reports prepared pursuant
to Section 25748.
SEC. 100. Section 25743 of the Public
Resources Code is repealed.
25743. (a) The commission shall terminate all production
incentives awarded from the New Renewable Resources Account prior to
January 1, 2002, unless the project began generating electricity by
January 1, 2007.
(b) (1) The commission shall, by March 1, 2008, transfer to
electrical corporations serving customers subject to the renewable
energy public goods charge the remaining unencumbered funds in the
New Renewable Resources Account.
(2) The Public Utilities Commission shall ensure that each
electrical corporation allocates funds received from the commission
pursuant to paragraph (1) in a manner that maximizes the economic
benefit to all customer classes that funded the New Renewable
Resources Account.
SEC. 101. Section 25744 of the Public
Resources Code is repealed.
25744. (a) Seventy-nine percent of the money collected pursuant
to the renewable energy public goods charge shall be used for a
multiyear, consumer-based program to foster the development of
emerging renewable technologies in distributed generation
applications.
(b) Any funds used for emerging technologies pursuant to this
section shall be expended in accordance with this chapter, subject to
all of the following requirements:
(1) Funding for emerging technologies shall be provided through a
competitive, market-based process that is in place for a period of
not less than five years, and is structured to allow eligible
emerging technology manufacturers and suppliers to anticipate and
plan for increased sale and installation volumes over the life of the
program.
(2) The program shall provide monetary rebates, buydowns, or
equivalent incentives, subject to paragraph (3), to purchasers,
lessees, lessors, or sellers of eligible electricity generating
systems. Incentives shall benefit the end-use consumer of renewable
generation by directly and exclusively reducing the purchase or lease
cost of the eligible system, or the cost of electricity produced by
the eligible system. Incentives shall be issued on the basis of the
rated electrical generating capacity of the system measured in watts,
or the amount of electricity production of the system, measured in
kilowatthours. Incentives shall be limited to a maximum percentage of
the system price, as determined by the commission. The commission
may establish different incentive levels for systems based on
technology type and system size, and may provide different incentive
levels for systems used in conjunction with energy-efficiency
measures.
(3) Eligible distributed emerging technologies are fuel cell
technologies that utilize renewable fuels, including fuel cell
technologies with an emission profile equivalent or better than the
State Air Resources Board 2007 standard, and that serve as backup
generation for emergency, safety, or telecommunications systems.
Eligible renewable fuels may include wind turbines of not more than
50 kilowatts rated electrical generating capacity per customer site
and other distributed renewable emerging technologies that meet the
emerging technology eligibility criteria established by the
commission and are not eligible for rebates, buydowns, or similar
incentives from any other commission or Public Utilities Commission
program. Eligible electricity generating systems are intended
primarily to offset part or all of the consumer's own electricity
demand, including systems that are used as backup power for
emergency, safety, or telecommunications, and shall not be owned by
local publicly owned electric utilities, nor be located at a customer
site that is not receiving distribution service from an electrical
corporation that is subject to the renewable energy public goods
charge and contributing funds to support programs under this chapter.
All eligible electricity generating system components shall be new
and unused, shall not have been previously placed in service in any
other location or for any other application, and shall have a
warranty of not less than five years to protect against defects and
undue degradation of electrical generation output. Systems and their
fuel resources shall be located on the same premises of the end-use
consumer where the consumer's own electricity demand is located, and
all eligible electricity generating systems shall be connected to the
utility grid, unless the system purpose is for backup generation
used in emergency, safety, or telecommunications in California. The
commission may require eligible electricity generating systems to
have meters in place to monitor and measure a system's performance
and generation. Only systems that will be operated in compliance with
applicable law and the rules of the Public Utilities Commission
shall be eligible for funding.
(4) The commission shall limit the amount of funds available for a
system or project of multiple systems and reduce the level of
funding for a system or project of multiple systems that has
received, or may be eligible to receive, any government or utility
funds, incentives, or credit.
(5) In awarding funding, the commission may provide preference to
systems that provide tangible demonstrable benefits to communities
with a plurality of minority or low-income populations.
(6) In awarding funding, the commission shall develop and
implement eligibility criteria and a system that provides preference
to systems based upon system performance, taking into account
factors, including shading, insulation levels, and installation
orientation.
(7) At least once annually, the commission shall publish and make
available to the public the balance of funds available for emerging
renewable energy resources for rebates, buydowns, and other
incentives for the purchase of these resources.
(c) Notwithstanding Section 27540.5, the commission may expend,
until December 31, 2008, up to sixty million dollars ($60,000,000) of
the funding allocated to the Renewable Resources Trust Fund for the
program established in this section, subject to the repayment
requirements of subdivision (f) of Section 25751.
(d) Any funds for photovoltaic or solar thermal electric
technologies shall be awarded in compliance with Chapter 8.8
(commencing with Section 25780), and not with this section.
SEC. 102. Section 25744.5 of the Public
Resources Code is amended to read:
25744.5. The commission shall allocate and use funding available
for emerging renewable technologies pursuant to Section
25744 and Section 25751 to fund photovoltaic and solar
thermal electric technologies in accordance with eligibility criteria
and conditions established pursuant to Chapter 8.8 (commencing with
Section 25780).
SEC. 103. Section 25746 of the Public
Resources Code is amended to read:
25746. (a) One percent of the money collected pursuant to the
renewable energy public goods charge shall be used in accordance with
this chapter to promote renewable energy and disseminate information
on renewable energy technologies, including emerging renewable
technologies, and to help develop a consumer market for renewable
energy and for small-scale emerging renewable energy technologies.
(b) If
25746. If the commission provides funding
for a regional accounting system to verify compliance with the
renewable renewables portfolio standard
by retail sellers, pursuant to subdivision (b) of Section 399.25 of
the Public Utilities Code, the commission shall recover all costs
from user fees.
SEC. 104. Section 25748 of the Public
Resources Code is repealed.
25748. (a) The commission shall report to the Legislature on or
before November 1, 2007, and annually thereafter, regarding the
results of the mechanisms funded pursuant to this chapter. The report
shall contain all of the following:
(1) A description of the allocation of funds among existing, new,
and emerging technologies, the allocation of funds among programs,
including consumer-side incentives, and the need for the reallocation
of money among those technologies.
(2) The status of account transfers and repayments.
(3) A description of the cumulative commitment of claims by
account, the relative demand for funds by account, and a forecast of
future awards.
(4) A list identifying the types and quantities of biomass fuels
used by facilities receiving funds pursuant to Section 25742 and
their impacts on improving air quality.
(5) A discussion of the progress being made toward achieving the
targets established under Section 25740 by each funding category
authorized pursuant to this chapter.
(6) A description of the allocation of funds from interest on the
accounts described in this chapter, and money in the accounts
described in subdivision (b) of Section 25751.
(7) An itemized list, including project descriptions, award
amounts, and outcomes for projects awarded funding in the prior year.
(8) Other matters the commission determines may be of importance
to the Legislature.
(b) Money may be reallocated without further legislative action
among existing, new, and emerging technologies and consumer-side
programs in a manner consistent with the report and with the latest
report provided to the Legislature pursuant to this section, except
that reallocations shall not increase the allocation established in
Section 25742.
SEC. 105. Section 25751 of the Public
Resources Code is amended to read:
25751. (a) The Renewable Resource Trust Fund is hereby created in
the State Treasury.
(b) The following accounts are hereby established within the
Renewable Resource Trust Fund:
(1) Existing Renewable Resources Account.
(2) Emerging Renewable Resources Account.
(3) Renewable Resources Consumer Education Account.
(c) The money in the fund may be expended, only upon appropriation
by the Legislature in the annual Budget Act, for the following
purposes:
(1) The administration of this article by the state.
(2) The state's expenditures associated with the accounting system
established by the commission pursuant to subdivision (b) of Section
399.25 of the Public Utilities Code.
(d) That portion of revenues collected by electrical corporations
for the benefit of in-state operation and development of existing and
emerging renewable resource technologies, pursuant to Section 399.8
of the Public Utilities Code, shall be transmitted to the commission
at least quarterly for deposit in the Renewable Resource Trust Fund
pursuant to Section 25740.5. After setting aside in the fund money
that may be needed for expenditures authorized by the annual Budget
Act in accordance with subdivision (c), the Treasurer shall
immediately deposit money received pursuant to this section into the
accounts created pursuant to subdivision (b) in proportions
designated by the commission for the current calendar year.
Notwithstanding Section 13340 of the Government Code, the money in
the fund and the accounts within the fund are hereby continuously
appropriated to the commission without regard to fiscal years for the
purposes enumerated in this chapter.
(e) Upon notification by the commission, the Controller shall pay
all awards of the money in the accounts created pursuant to
subdivision (b) for purposes enumerated in this chapter. The
eligibility of each award shall be determined solely by the
commission based on the procedures it adopts under this chapter.
Based on the eligibility of each award, the commission shall also
establish the need for a multiyear commitment to any particular award
and so advise the Department of Finance. Eligible awards submitted
by the commission to the Controller shall be accompanied by
information specifying the account from which payment should be made
and the amount of each payment; a summary description of how payment
of the award furthers the purposes enumerated in this chapter; and an
accounting of future costs associated with any award or group of
awards known to the commission to represent a portion of a multiyear
funding commitment.
(f) The commission may transfer funds between accounts for
cashflow purposes, provided that the balance due each account is
restored and the transfer does not adversely affect any of the
accounts.
(g) The Department of Finance shall conduct an independent audit
of the Renewable Resource Trust Fund and its related accounts
annually, and provide an audit report to the Legislature not later
than March 1 of each year for which this article is operative. The
Department of Finance's report shall include information regarding
revenues, payment of awards, reserves held for future commitments,
unencumbered cash balances, and other matters that the Director of
Finance determines may be of importance to the Legislature.
(b) The Emerging Renewable Resources Account is hereby established
within the Renewable Resources Trust Fund. Notwithstanding Section
13340 of the Government Code, the moneys in the account are hereby
continuously appropriated to the commission without regard to fiscal
years for the following purposes:
(1) To close out the award of incentives for emerging technologies
in accordance with former Section 25744, as this law existed prior
to the enactment of the Budget Act of 2012, for which applications
had been approved before the enactment of the Budget Act of 2012.
(2) To close out consumer education activities in accordance with
former Section 25746, as this law existed prior to the enactment of
the Budget Act of 2012.
(3) To fund local government renewable energy planning projects
pursuant to Section 25619.
(c) The Controller shall provide to the commission funds pursuant
to the continuous appropriation in, and for purposes specified in,
subdivision (b).
(d) The Controller shall provide to the commission moneys from the
fund sufficient to satisfy all contract and grant awards that were
made by the commission pursuant to former Sections 25744 and 25746,
and Chapter 8.8 (commencing with Section 25780), as these laws
existed prior to the enactment of the Budget Act of 2012.
SEC. 106. Section 32605 of the Public
Resources Code is amended to read:
32605. The board shall consist of 13 voting members and seven
nonvoting members, as follows:
(a) The 13 voting members of the board shall consist of all of the
following:
(1) One member of the Board of Supervisors of the County of Los
Angeles, or his or her designee, who represents the area or a portion
thereof contained within the territory of the conservancy, appointed
by the Governor.
(2) Two members of the board of directors of the San Gabriel
Valley Council of Governments, one of whom shall be a mayor or city
council member of a city bordering along the San Gabriel River, and
one of whom shall be a mayor or city council member of a city
bordering the San Gabriel Mountains area. One member shall be
appointed by a majority of the membership of that board of directors,
and one member shall be appointed by the Senate Committee on Rules
from a list of two or more potential members submitted by the board
of directors. If the San Gabriel Valley Council of Governments
fails to provide to the Senate Committee on Rules a list of two or
more potential members, at least 30 days prior to the date a current
member's term of office expires, the Se nate Committee on
Rules may appoint a mayor or city council member of a city bordering
along the San Gabriel River or the San Gabriel Mountains, or a member
of the public who resides within the territory of the conservancy.
(3) Two members of the board of directors of the Gateway Cities
Council of Governments, one of whom shall be the mayor of the City of
Long Beach or a city council member of the City of Long Beach
appointed by the mayor, and one of whom shall be appointed by the
Speaker of the Assembly from a list of two or more potential members
submitted by the executive committee of the board of directors of the
Gateway Cities Council of Governments. The executive committee shall
submit lists of potential members to the Speaker of the Assembly
until an acceptable member is appointed.
(4) Two members of the Orange County Division of the League of
California Cities, both of whom shall be a mayor or city council
member of a city bordering along the San Gabriel River or a tributary
thereof. One member shall be appointed by a majority of the
membership of the city selection committee of Orange County, and one
member shall be appointed by the Governor from a list of two or more
potential members submitted by the city selection committee.
(5) One member shall be a representative of a member of the San
Gabriel Valley Water Association appointed by a majority of the
membership of the board of directors of the San Gabriel Valley Water
Association.
(6) One member shall be a representative of the Central Basin
Water Association appointed by a majority of the membership of the
board of directors of the Central Basin Water Association.
(7) One member shall be a resident of Los Angeles County appointed
by the Governor from a list of potential members submitted by local,
state, and national environmental organizations that operate within
the County of Los Angeles and within the territory of the conservancy
and that have participated in planning for river restoration or open
space, or both, or river preservation.
(8) The Secretary of the Natural Resources Agency, or
his or her designee.
(9) The Secretary for Environmental Protection, or his or her
designee.
(10) The Director of Finance, or his or her designee.
(b) The seven ex officio, nonvoting members shall consist of the
following officers or an employee of each agency designated annually
by that officer to represent the office or agency:
(1) The District Engineer of the United States Army Corps of
Engineers.
(2) The Regional Forester for the Pacific Southwest Region of the
United States Forest Service.
(3) The Director of the Los Angeles County Department of Public
Works.
(4) The Director of the Orange County Public Facility and Resource
Department.
(5) A member of the San Gabriel River Watermaster, appointed by a
majority of the members of the San Gabriel River Watermaster.
(6) The Director of Parks and Recreation.
(7) The Executive Officer of the Wildlife Conservation Board.
SEC. 107. Section 42474 of the Public
Resources Code is amended to read:
42474. (a) Civil liability in an amount of up to two thousand
five hundred dollars ($2,500) per offense may be administratively
imposed by the board Department of Resources
Recycling and Recovery for each sale of a covered electronic
device for which a covered electronic waste recycling fee has not
been paid pursuant to Section 42464.
(b) A civil penalty in an amount of up to five thousand dollars
($5,000) per offense may be imposed by a superior court for each sale
of a covered electronic device for which a covered electronic waste
recycling fee has not been paid pursuant to Section 42464.
(c) Civil liability in an amount of up to twenty-five thousand
dollars ($25,000) may be administratively imposed by the board
against manufacturers for failure to comply with this chapter, except
as otherwise provided in subdivision (a).
(d) Civil liability in an amount of up to twenty-five thousand
dollars ($25,000) per violation may be administratively imposed by
the Department of Resources Recycling and Recovery against a person,
including an authorized collector or covered electronic waste
recycler, that makes a false statement or representation in any
document filed, submitted, maintained, or used for purposes of
compliance with this chapter and associated regulations.
(e) (1) The Department of Resources Recycling and Recovery may
revoke the approval or deny the renewal application of an authorized
collector or covered electronic waste recycler that makes a false
statement or representation in a document filed, submitted,
maintained, or used for purposes of compliance with this chapter and
the regulations adopted pursuant to this chapter.
(2) In addition to the authority specified in paragraph (1), the
Department of Resources Recycling and Recovery may deny an
application for approval or renewal from an authorized collector or
covered electronic waste recycler that, or an individual identified
in the application who, has a history demonstrating a pattern of
operation in conflict with the requirements of this chapter and the
regulations adopted pursuant to this chapter.
(3) A person challenging a revocation, denial of application
renewal, or application denial under this chapter, or an approved
covered electronic waste recycler challenging the denial or
adjustment of an electronic waste recovery payment or electronic
waste recycling payment, shall first exhaust all administrative
remedies by filing with the Department of Resources Recycling and
Recovery a timely administrative appeal, in accordance with the
regulations adopted to implement this chapter.
SEC. 108. Section 42649.2 of the Public
Resources Code is amended to read:
42649.2. (a) On and after July 1, 2012, a business that generates
more than four cubic yards or more of
commercial solid waste per week or is a multifamily residential
dwelling of five units or more shall arrange for recycling services,
consistent with state or local laws or requirements, including a
local ordinance or agreement, applicable to the collection, handling,
or recycling of solid waste, to the extent that these services are
offered and reasonably available from a local
service provider.
(b) A commercial waste generator shall take at least one of the
following actions:
(1) Source separate recyclable materials from solid waste and
subscribe to a basic level of recycling service that includes
collection, self-hauling, or other arrangements for the pickup of the
recyclable materials.
(2) Subscribe to a recycling service that may include mixed waste
processing that yields diversion results comparable to source
separation.
(c) A property owner of a multifamily residential dwelling may
require tenants to source separate their recyclable materials to aid
in compliance with this section.
SEC. 109. Section 71300 of the Public
Resources Code is amended to read:
71300. (a) For purposes of this part "office" means the Office of
Education and the Environment of the California
Environmental Protection Agency Department of
Resources Recycling and Recovery , as established pursuant to
this section.
(b) (1) The Office of Education and the
Environment is hereby previously
established in the California Environmental Protection Agency is
hereby established in the Department of Resources Recycling
and Recovery . The office shall report to the
Secretary for Environmental Protection. The office shall
dedicate its effort to implementing the statewide environmental
educational program prescribed pursuant to this part. The office,
through staffing and resources, shall give a high priority to
implementing the statewide environmental education program.
(2) Any reference to the California Environmental Protection
Agency in regard to this program shall be deemed a reference to the
Department of Resource Recycling and Recovery.
(c) The office, under the direction of the Secretary for
Environmental Protection Department of Resources
Recycling and Recovery , in cooperation with the State
Department of Education and the State Board of Education, shall
develop and implement a unified education strategy on the environment
for elementary and secondary schools in the state. The office shall
develop a unified education strategy to do all of the following:
(1) Coordinate instructional resources and strategies for
providing active pupil participation with onsite conservation
efforts.
(2) Promote service-learning opportunities between schools and
local communities.
(3) Assess the impact to participating pupils of the unified
education strategy on pupil achievement and resource conservation.
(4) On or before June 30, 2006, the office shall report to the
Legislature and the Governor on its progress in developing,
implementing, and assessing the unified education strategy.
(d) The State Department of Education and the State Board of
Education shall develop and implement to the extent feasible, a
teacher training and implementation plan, to guide the implementation
of the unified education strategy, for the education of pupils,
faculty, and administrators on the importance of integrating
environmental concepts and programs in schools throughout the state.
The strategy shall project the phased implementation of elementary,
middle, and high school programs.
(e) In implementing this part, the office may hold public meetings
to receive and respond to comments from affected state agencies,
stakeholders, and the public regarding the development of resources
and materials pursuant to this part.
(f) In implementing this part, the office shall coordinate with
other agencies and groups with expertise in education and the
environment, including, but not limited to, the California
Environmental Education Interagency Network.
(g) Any instructional materials developed pursuant to this part
shall be subject to the requirements of Chapter 1 (commencing with
Section 60000) of Part 33 of Division 4 of Title 2 of the Education
Code, including, but not limited to, reviews for legal and social
compliance before the materials may be used in elementary or
secondary public schools.
SEC. 110. Section 748.5 is added to the
Public Utilities Code , to read:
748.5. (a) Except as provided in subdivision (c), the commission
shall require revenues, including any accrued interest, received by
an electrical corporation as a result of the direct allocation of
greenhouse gas allowances to electric utilities pursuant to
subdivision (b) of Section 95890 of Title 17 of the California Code
of Regulations to be credited directly to the residential, small
business, and emissions-intensive trade-exposed retail customers of
the electrical corporation.
(b) Not later than January 1, 2013, the commission shall require
the adoption and implementation of a customer outreach plan for each
electrical corporation, including, but not limited to, such measures
as notices in bills and through media outlets, for purposes of
obtaining the maximum feasible public awareness of the crediting of
greenhouse gas allowance revenues. Costs associated with the
implementation of this plan are subject to recovery in rates pursuant
to Section 454.
(c) The commission may allocate up to 15 percent of the revenues,
including any accrued interest, received by an electrical corporation
as a result of the direct allocation of greenhouse gas allowances to
electrical distribution utilities pursuant to subdivision (b) of
Section 95890 of Title 17 of the California Code of Regulations, for
clean energy and energy efficiency projects established pursuant to
statute that are administered by the electrical corporation and that
are not otherwise funded by another funding source.
SEC. 111. Section 2851 of the Public
Utilities Code is amended to read:
2851. (a) In implementing the California Solar Initiative, the
commission shall do all of the following:
(1) The commission shall authorize the award of monetary
incentives for up to the first megawatt of alternating current
generated by solar energy systems that meet the eligibility criteria
established by the State Energy Resources Conservation and
Development Commission pursuant to Chapter 8.8 (commencing with
Section 25780) of Division 15 of the Public Resources Code. The
commission shall determine the eligibility of a solar energy system,
as defined in Section 25781 of the Public Resources Code, to receive
monetary incentives until the time the State Energy Resources
Conservation and Development Commission establishes eligibility
criteria pursuant to Section 25782. Monetary incentives shall not be
awarded for solar energy systems that do not meet the eligibility
criteria. The incentive level authorized by the commission shall
decline each year following implementation of the California Solar
Initiative, at a rate of no less than an average of 7 percent per
year, and shall be zero as of December 31, 2016. The commission shall
adopt and publish a schedule of declining incentive levels no less
than 30 days in advance of the first decline in incentive levels. The
commission may develop incentives based upon the output of
electricity from the system, provided those incentives are consistent
with the declining incentive levels of this paragraph and the
incentives apply to only the first megawatt of electricity generated
by the system.
(2) The commission shall adopt a performance-based incentive
program so that by January 1, 2008, 100 percent of incentives for
solar energy systems of 100 kilowatts or greater and at least 50
percent of incentives for solar energy systems of 30 kilowatts or
greater are earned based on the actual electrical output of the solar
energy systems. The commission shall encourage, and may require,
performance-based incentives for solar energy systems of less than 30
kilowatts. Performance-based incentives shall decline at a rate of
no less than an average of 7 percent per year. In developing the
performance-based incentives, the commission may:
(A) Apply performance-based incentives only to customer classes
designated by the commission.
(B) Design the performance-based incentives so that customers may
receive a higher level of incentives than under incentives based on
installed electrical capacity.
(C) Develop financing options that help offset the installation
costs of the solar energy system, provided that this financing is
ultimately repaid in full by the consumer or through the application
of the performance-based rebates.
(3) By January 1, 2008, the commission, in consultation with the
State Energy Resources Conservation and Development Commission, shall
require reasonable and cost-effective energy efficiency improvements
in existing buildings as a condition of providing incentives for
eligible solar energy systems, with appropriate exemptions or
limitations to accommodate the limited financial resources of
low-income residential housing.
(4) Notwithstanding subdivision (g) of Section 2827, the
commission may develop a time-variant tariff that creates the maximum
incentive for ratepayers to install solar energy systems so that the
system's peak electricity production coincides with California's
peak electricity demands and that ensures that ratepayers receive due
value for their contribution to the purchase of solar energy systems
and customers with solar energy systems continue to have an
incentive to use electricity efficiently. In developing the
time-variant tariff, the commission may exclude customers
participating in the tariff from the rate cap for residential
customers for existing baseline quantities or usage by those
customers of up to 130 percent of existing baseline quantities, as
required by Section 80110 of the Water Code. Nothing in this
paragraph authorizes the commission to require time-variant pricing
for ratepayers without a solar energy system.
(b) Notwithstanding subdivision (a), in implementing the
California Solar Initiative, the commission may authorize the award
of monetary incentives for solar thermal and solar water heating
devices, in a total amount up to one hundred million eight hundred
thousand dollars ($100,800,000).
(c) (1) In implementing the California Solar Initiative, the
commission shall not allocate more than fifty million dollars
($50,000,000) to research, development, and demonstration that
explores solar technologies and other distributed generation
technologies that employ or could employ solar energy for generation
or storage of electricity or to offset natural gas usage. Any program
that allocates additional moneys to research, development, and
demonstration shall be developed in collaboration with the Energy
Commission to ensure there is no duplication of efforts, and adopted
by the commission through a rulemaking or other appropriate public
proceeding. Any grant awarded by the commission for research,
development, and demonstration shall be approved by the full
commission at a public meeting. This subdivision does not prohibit
the commission from continuing to allocate moneys to research,
development, and demonstration pursuant to the self-generation
incentive program for distributed generation resources originally
established pursuant to Chapter 329 of the Statutes of 2000, as
modified pursuant to Section 379.6.
(2) The Legislature finds and declares that a program that
provides a stable source of monetary incentives for eligible solar
energy systems will encourage private investment sufficient to make
solar technologies cost effective.
(3) On or before June 30, 2009, and by June 30th of every year
thereafter, the commission shall submit to the Legislature an
assessment of the success of the California Solar Initiative program.
That assessment shall include the number of residential and
commercial sites that have installed solar thermal devices for which
an award was made pursuant to subdivision (b) and the dollar value of
the award, the number of residential and commercial sites that have
installed solar energy systems, the electrical generating capacity of
the installed solar energy systems, the cost of the program, total
electrical system benefits, including the effect on electrical
service rates, environmental benefits, how the program affects the
operation and reliability of the electrical grid, how the program has
affected peak demand for electricity, the progress made toward
reaching the goals of the program, whether the program is on schedule
to meet the program goals, and recommendations for improving the
program to meet its goals. If the commission allocates additional
moneys to research, development, and demonstration that explores
solar technologies and other distributed generation technologies
pursuant to paragraph (1), the commission shall include in the
assessment submitted to the Legislature, a description of the
program, a summary of each award made or project funded pursuant to
the program, including the intended purposes to be achieved by the
particular award or project, and the results of each award or
project.
(d) (1) The commission shall not impose any charge upon the
consumption of natural gas, or upon natural gas ratepayers, to fund
the California Solar Initiative.
(2) Notwithstanding any other provision of law, any charge imposed
to fund the program adopted and implemented pursuant to this section
shall be imposed upon all customers not participating in the
California Alternate Rates for Energy (CARE) or family electric rate
assistance (FERA) programs, including those residential customers
subject to the rate cap required by Section 80110 of the Water Code
for existing baseline quantities or usage up to 130 percent of
existing baseline quantities of electricity.
(3) The costs of the program adopted and implemented pursuant to
this section may not be recovered from customers participating in the
California Alternate Rates for Energy or CARE program established
pursuant to Section 739.1, except to the extent that program costs
are recovered out of the nonbypassable system benefits charge
authorized pursuant to Section 399.8.
(e) In implementing the California Solar Initiative, the
commission shall ensure that the total cost over the duration of the
program does not exceed three billion five hundred fifty million
eight hundred thousand dollars ($3,550,800,000). The financial
components of the California Solar Initiative shall consist of the
following:
(1) Programs under the supervision of the commission funded by
charges collected from customers of San Diego Gas and Electric
Company, Southern California Edison Company, and Pacific Gas and
Electric Company. The total cost over the duration of these programs
shall not exceed two billion three hundred sixty-six million eight
hundred thousand dollars ($2,366,800,000) and includes moneys
collected directly into a tracking account for support of the
California Solar Initiative and moneys collected into other
accounts that are used to further the goals of the California Solar
Initiative .
(2) Programs adopted, implemented, and financed in the amount of
seven hundred eighty-four million dollars ($784,000,000), by charges
collected by local publicly owned electric utilities pursuant to
Section 387.5. Nothing in this subdivision shall give the commission
power and jurisdiction with respect to a local publicly owned
electric utility or its customers.
(3) Programs for the installation of solar energy systems on new
construction, administered by the State Energy Resources Conservation
and Development Commission pursuant to Chapter 8.6
(commencing with Section 25740) of Division 15 of the Public
Resources Code , and funded by nonbypassable
charges in the amount of four hundred million dollars
($400,000,000), collected from customers of San Diego Gas and
Electric Company, Southern California Edison Company, and Pacific Gas
and Electric Company pursuant to Article 15 (commencing
with Section 399) .
(4) The changes made to this subdivision by the act adding this
paragraph do not authorize the levy of a charge or any increase in
the amount collected pursuant to any existing charge, nor do the
changes add to, or detract from, the commission's existing authority
to levy or increase charges.
SEC. 112. Section 5155 of the Vehicle
Code is amended to read:
5155. The design criteria for a specialized license plate are as
follows:
(a) The Except as provided in Section
5161, the license plate for a passenger vehicle, commercial
vehicle, or trailer shall provide a space not larger than two inches
by three inches to the left of the numerical series and a space not
larger than five-eighths of an inch in height below the numerical
series for a distinctive design, decal, or descriptive message as
authorized by this article. The license plates shall be issued in
sequential numerical order or, pursuant to Section 5103, in a
combination of numbers or letters.
(b) Specialized license plates authorized under this article may
be issued for use on a motorcycle. That license plate shall contain a
five-digit configuration issued in sequential numerical order or,
pursuant to Section 5103, in a combination of numbers or letters.
There shall be a space to the left of the numerical series for a
distinctive design or decal and the characters shall contrast sharply
with the uniform background color. A motorcycle plate containing a
full plate graphic design is not authorized.
(c) Specialized license plates may be issued as environmental
license plates, as defined in Section 5103.
SEC. 113. Section 5161 is added to the
Vehicle Code , to read:
5161. (a) The department, in consultation with the Department of
Parks and Recreation, shall design and make available for issuance
pursuant to this article special state parks environmental design
license plates as described in this section. Notwithstanding Section
5155, the special state parks environmental design license plates
shall bear a full-plate graphic design that the department
determines, in consultation with the Department of the California
Highway Patrol, does not obscure the readability of the license plate
depicting a California redwood tree design as an iconic feature of
California's state park system, as approved by the Department of
Parks and Recreation. The Department of Parks and Recreation may
accept and use donated artwork from California artists for purposes
of this requirement. Any person described in Section 5101 may, upon
payment of the additional fees set forth in subdivision (b), apply
for and be issued a set of special state parks environmental design
license plates. The special state parks environmental design license
plates may be issued as environmental license plates, as defined in
Section 5103.
(b) In addition to the regular fees for an original registration
or renewal of registration, the following additional fees shall be
paid for the issuance, renewal, or transfer of the special state
parks environmental design license plates authorized pursuant to this
section:
(1) For the original issuance of the plates, fifty dollars ($50).
(2) For a renewal of registration with the plates, forty dollars
($40).
(3) For transfer of the plates to another vehicle, fifteen dollars
($15).
(4) For each substitute replacement plate, thirty-five dollars
($35).
(5) In addition, for the issuance of environmental license plates,
as defined in Section 5103, with a full-plate graphic design
described in subdivision (a), the additional fees prescribed in
Sections 5106 and 5108. The additional fees prescribed in Sections
5106 and 5108 shall be deposited in the Environmental License Plate
Fund.
(c) Except as provided in paragraph (5) of subdivision (b), and
after deducting its administrative costs under this section, the
department shall deposit the additional revenue derived from the
issuance, renewal, transfer, and substitution of special
environmental design license plates in the California State Parks
Account, which is hereby created in the Specialized License Plate
Fund. Upon appropriation by the Legislature, the money in the account
shall be allocated by the Controller to the Department of Parks and
Recreation for expenditure for the exclusive trust purposes of
preservation and restoration of California state parks.
(d) The Department of Parks and Recreation shall collect and hold
applications for the special state parks environmental license plates
described in this section. The department shall not be required to
make the special state parks environmental license plates available
for issuance pursuant to this section until the Department of Parks
and Recreation has submitted not less than 7,500 applications for the
plates to the department.
SEC. 114. Section 147.5 is added to the
Water Code , to read:
147.5. At least 60 days prior to the final approval of the
renewal or extension of a long-term water supply contract between the
department and a state water project contractor, the department
shall present at an informational hearing before the Legislature the
details of the terms and conditions of the contract and how they
serve as a template for the remaining long-term water supply
contracts. This presentation shall be made to the Joint Legislative
Budget Committee and relevant policy and fiscal committees of both
houses, as determined by the Speaker of the Assembly and the Senate
Committee on Rules. The department shall submit a copy of one
long-term contract to the Joint Legislative Budget Committee no less
than 30 days prior to the scheduled hearing.
SEC. 115. Section 175.5 of the Water
Code is amended to read:
175.5. (a) No A member of the board
shall not participate in any board action pursuant to
Article 2 (commencing with Section 13320) of Chapter 5 of Division 7
which involves himself or herself or any waste discharger
with which the board member is connected as a director, officer or
employee, or in which the board member has a
disqualifying financial interest in the decision within the
meaning of Section 87103 of the Government Code.
(b) No A board member shall not
participate in any proceeding before any regional board as a
consultant or in any other capacity on behalf of any waste
discharger.
(c) Upon the request of any person, or on the Attorney General's
own initiative, the Attorney General may file a complaint in the
superior court for the county in which the board has its principal
office alleging that a board member has knowingly violated this
section and the facts upon which the allegation is based and asking
that the member be removed from office. Further proceedings shall be
in accordance as near as may be with rules governing civil actions.
If after trial the court finds that the board member has knowingly
violated this section it shall pronounce judgment that the member be
removed from office.
SEC. 116. Section 11913.1 is added to the
Water Code , to read:
11913.1. (a) It is the intent of the Legislature to appropriate
funds sufficient to cover the costs incurred by the department for
recreation and fish and wildlife enhancement specified pursuant to
Section 11912, subject to legislative review and approval.
(b) The Davis-Dolwig Account is hereby created in the California
Water Resources Development Bond Fund, created pursuant to Section
12935.
(c) On July 1, 2012, and every July 1 thereafter, the Controller
shall transfer seven million five hundred thousand dollars
($7,500,000) from the General Fund portion of the Harbors and
Watercraft Revolving Fund, created pursuant to Section 85 of the
Harbors and Navigation Code, to the Davis-Dolwig Account.
Notwithstanding Section 13340 of the Government Code, for the
purposes of this chapter, seven million five hundred thousand dollars
($7,500,000) is continuously appropriated, without regard to fiscal
years, from the Davis-Dolwig Account to the department for the costs
of State Water Resources Development System, as described in Section
12931, facility operations, maintenance, and capital costs
attributable to recreation and fish and wildlife enhancement as
provided for in Section 11914. This subdivision shall be eligible for
future adjustment by the Legislature in accordance with an
appropriate water and power utility cost index, submitted by the
department and approved by the Legislature by statute, that reflects
changes in costs incurred or likely to be incurred by the department
for operation, maintenance and capital costs of the State Water
Resources Development System.
(d) (1) On July 1, 2012, and every July 1 thereafter, the
Controller shall transfer two million five hundred thousand dollars
($2,500,000) from the General Fund portion of the Harbors and
Watercraft Revolving Fund to the Davis-Dolwig Account.
Notwithstanding Section 13340 of the Government Code, two million
five hundred thousand dollars ($2,500,000) is continuously
appropriated, without regard to fiscal years, from the Davis-Dolwig
Account to the department for the payment of State Water Resources
Development System recreation and fish and wildlife enhancement costs
incurred pursuant to this chapter on or before December 31, 2011.
(2) This subdivision shall be inoperative when the Director of
Finance certifies that all costs described in paragraph (1) have been
paid.
(e) The department shall provide details of the balance
and expenditures of the Davis-Dolwig Account as part of the annual
Governor's budget process.
(f) Any cost for recreation and fish and wildlife enhancement
incurred in connection with the State Water Resources Development
System that exceeds the funding provided pursuant to subdivision (c)
may be provided upon further appropriation by the Legislature,
pursuant to subdivision (c) of Section 75050 of the Public Resources
Code.
(g) The funds made available to the department pursuant to
subdivisions (c) and (f) shall fulfill the legislative intent of this
chapter to provide funds for fish and wildlife enhancements and
recreation.
(h) Any obligation incurred on or after July 1, 2012, for
recreation and fish and wildlife enhancements separate from available
funding in the Davis-Dolwig Account and any additional funding that
may be appropriated by the Legislature for this purpose shall be
reimbursed by the state only if approved by the Legislature by
statute.
(i) Notwithstanding any other law, the Controller may use funds in
the Davis-Dolwing Account for cashflow loans to the General Fund as
provided in Sections 16310 and 16381 of the Government Code.
(j) Notwithstanding subdivision (c), any amount in the
Davis-Dolwig Account in excess of twenty million dollars
($20,000,000) on June 30 of each year shall be transferred to the
Harbors and Watercraft Revolving Fund.
SEC. 117. Section 13201 of the Water
Code is amended to read:
13201. (a) There is a regional board for each of the regions
described in Section 13200. Each board shall consist of the
following nine seven members appointed by the
Governor, each of whom shall represent , and act on behalf
of , all the people and shall reside or have a principal
place of business within the region : .
(b) Except as specified in subdivision (c), each member shall be
appointed on the basis of his or her demonstrated interest or proven
ability in the field of water quality, including water pollution
control, water resource management, water use, or water protection.
The Governor shall consider appointments from the public and
nonpublic sectors. In regard to appointments from the public sector,
the Governor shall consider including members from key economic
sectors in a given region, such as agriculture, industry, commercial
activities, forestry, and fisheries.
(c) At least one member shall be appointed as a public member who
is not required to meet the criteria established pursuant to
subdivision (b).
(1) One person associated with water supply, conservation, and
production.
(2) One person associated with irrigated agriculture.
(3) One person associated with industrial water use.
(4) One person associated with municipal government. Upon the next
vacancy occurring in this office on or after January 1, 2004, this
person shall be a city council member or mayor.
(5) One person associated with county government. Upon the next
vacancy occurring in this office on or after January 1, 2004, this
person shall be a county supervisor.
(6) One person from a responsible nongovernmental organization
associated with recreation, fish, or wildlife.
(7) Three persons not specifically associated with any of the
foregoing categories, two of whom shall have special competence in
areas related to water quality problems.
(b)
(d) All persons appointed to a regional board shall be
subject to Senate confirmation, but shall not be required to appear
before any committee of the Senate for purposes of such confirmation
unless specifically requested to appear by the Senate Committee on
Rules.
(c)
(e) Insofar as practicable, appointments shall be made
in such manner as to result in representation on the board from all
parts of the region.
(d) Notwithstanding subdivision (a), if appointments cannot be
made pursuant to paragraph (5) of subdivision (a) because of the
requirements of Section 13388, those appointments may be made of
persons not specifically associated with any category.
(f) Insofar as practicable, appointments shall be made in a manner
as to result in representation on the board from diverse
experiential backgrounds.
(g) Each member shall be appointed on the basis of his or her
ability to attend substantially all meetings of the board and to
actively discharge all duties and responsibilities of a member of the
board.
(h) The reduction in the number of members of each regional board
required by the act that added this subdivision shall be achieved
according to the ordinary expiration of the terms of incumbents and
other vacancies. Notwithstanding Section 13202 the Governor shall not
fill a vacancy on any regional board until the number of members
serving on that regional board falls below seven members. When the
numbers of members serving on the regional board falls below seven
members, the Governor shall appoint or reappoint individuals pursuant
to this section.
SEC. 118. Section 13202 of the Water
Code is amended to read:
13202. (a) Each member of a regional board
shall be appointed for a term of four years. Vacancies shall be
immediately filled by the Governor for the unexpired portion of the
terms in which they occur.
(b) The term of office for members of each regional board shall be
staggered and shall expire in accordance with the following
schedule:
(1) Two members on September 30, 2013, and every four years
thereafter.
(2) Two members on September 30, 2014, and every four years
thereafter.
(3) Two members on September 30, 2015, and every four years
thereafter.
(4) One member on September 30, 2016, and every four years
thereafter.
SEC. 119. Section 13207 of the Water
Code is amended to read:
13207. (a) No A member of a
regional board shall not participate in any board action
pursuant to Article 4 (commencing with Section 13260) of
Chapter 4 this chapter , or Article 1
(commencing with Section 13300) of Chapter 5, of this
division which involves himself or herself or any waste discharger
with which he or she is connected as a director, officer or employee,
or in which he or she has a disqualifying
financial interest in the decision within the meaning of Section
87103 of the Government Code.
(b) No A board member shall not
participate in any proceeding before any regional board or the
state board as a consultant or in any other capacity on behalf of
any waste discharger.
(c) Upon the request of any person, or on the Attorney General's
own initiative, the Attorney General may file a complaint in the
superior court for the county in which the regional board has its
principal office alleging that a board member has knowingly violated
this section and the facts upon which the allegation is based and
asking that the member be removed from office. Further proceedings
shall be in accordance as near as may be with rules governing civil
actions. If after trial the court finds that the board member has
knowingly violated this section it shall pronounce judgment that the
member be removed from office.
SEC. 120. Section 13860 of the Water
Code is amended to read:
13860. The committee is hereby empowered to create a debt or
debts, liability or liabilities, of the State of California, in an
aggregate amount of one hundred seventy-five
seventy-two million five hundred thousand dollars
($175,000,000) ($172,500,000) in the
manner provided in this chapter. Such This
debt or debts, liability or liabilities, shall be created for
the purpose of providing the fund to be used for the objects and
works specified in Section 13861.
SEC. 121. Section 13388 of the Water
Code is amended to read:
13388. (a) Notwithstanding any other
provision of this division or Section 175, no
and except as provided in subdivision (b), a person shall
not be a member of the state board or a regional board if
he that person receives , or
has received during the previous two years , a
significant portion of his or her income directly or
indirectly from any person subject to waste discharge requirements or
applicants for waste discharge requirements pursuant to this
chapter. This section shall become operative on March 1,
1973.
(b) (1) A person shall not be disqualified from being a member of
a regional board because that person receives, or has received during
the previous two years, a significant portion of his or her income
directly or indirectly from a person subject to waste discharge
requirements, or an applicant for waste discharge requirements, that
are issued pursuant to this chapter by the state board or regional
board other than the regional board of which that person is a member.
(2) Paragraph (1) shall be implemented only if the United States
Environmental Protection Agency either determines that no program
approval is necessary for that implementation, or approves of a
change in California's National Pollutant Discharge Elimination
System program, to allow the state to administer the National
Pollutant Discharge Elimination System permit program consistent with
paragraph (1).
SEC. 122. Section 17645.40 of the 1992
School Facilities Bond Act (Section 34 of Chapter 552 of
the Statutes of 1995) is amended to read:
17645.40. Bonds in the total amount of nine
eight hundred ninety-eight million two
hundred eleven thousand dollars ($900,000,000)
($898,211,000) , exclusive of refunding bonds,
or so much thereof as is necessary, may be issued and sold to provide
a fund to be used for carrying out the purposes expressed in this
chapter and to be used to reimburse the General Obligation Bond
Expense Revolving Fund pursuant to Section 16724.5 of the Government
Code. The bonds, when sold, shall be and constitute a valid and
binding obligation of the state, and the full faith and credit of the
state is hereby pledged for the punctual payment of both principal
of, and interest on, the bonds as the principal and interest become
due and payable.
SEC. 123. Section 17660.40 of the 1990
School Facilities Bond Act (Section 34 of Chapter 552 of
the Statutes of 1995) is amended to read:
17660.40. Bonds in the total amount of eight
seven hundred ninety-seven million eight
hundred seventy-five thousand dollars ($800,000,000)
($797,875,000) , exclusive of refunding bonds,
or so much thereof as is necessary, may be issued and sold to provide
funds to be used for carrying out the purposes expressed in this
chapter and to be used to reimburse the General Obligation Bond
Expense Revolving Fund pursuant to Section 16724.5 of the Government
Code. The bonds shall, when sold, be and constitute a valid and
binding obligation of the state, and the full faith and credit of the
state is hereby pledged for the punctual payment of both principal
of, and interest on, the bonds as the principal and interest become
due and payable.
SEC. 124. Section 17698.20 of the 1988
School Facilities Bond Act (Section 34 of Chapter 552 of
the Statutes of 1995) is amended to read:
17698.20. For the purpose of creating a fund to provide aid to
school districts of the state in accordance with the Leroy F. Greene
State School Building Lease-Purchase Law of 1976 (Chapter 22
12 (commencing with Section 17700)
17000) of Part 10 of Division 1 of Title 1
of the Education Code), the purposes authorized under Section
16955.17 17698.96 of this act , and of
all acts amendatory thereof and supplementary thereto, and to provide
funds to repay any money advanced or loaned to the State School
Building Lease-Purchase Fund under any act of the Legislature,
together with interest provided for in that act, and to be used to
reimburse the General Obligation Bond Expense Revolving Fund pursuant
to Section 16724.5 of the Government Code , the committee
shall be and is hereby authorized and empowered to create a debt or
debts, liability or liabilities, of the state, in the aggregate
amount of eight seven hundred
ninety-seven million seven hundred forty-five thousand
dollars ($800,000,000) ($797,745,000)
, not including the amount of any refunding bonds issued in
accordance with Section 16955.15 17698.93 of
this act , in the manner provided herein, but not in excess
thereof.
SEC. 125. The sum of ten million dollars
($10,000,000) shall be transferred from the unexpended balance of
bond funds made available to the Department of Parks and Recreation
pursuant to subdivision (a) of Section 75063 of the Public Resources
Code, and the sum of three million dollars ($3,000,000) shall be
transferred from the unexpended balance of bond funds made available
to the Department of Parks and Recreation pursuant to Section
5096.615 of the Public Resources Code, and these moneys shall be
deposited into the California State Park Enterprise Fund established
pursuant to subdivision (b) of Section 5010.7 of the Public Resources
Code, and may be expended, upon appropriation by the Legislature,
for the purposes of paragraph (2) of subdivision (c) and subdivision
(d) of Section 5010.7 of the Public Resources Code.
SEC. 126. (a) It is the intent of the Legislature
that the State Water Resources Control Board make loans to the
Department of Parks and Recreation of up to ten million dollars
($10,000,000) per year, each fiscal year until June 30, 2016, from
the State Water Pollution Control Revolving Fund for eligible
projects associated with water, wastewater, and septic systems, and
other eligible water-related projects. Further, it is the intent of
the Legislature the Department of Parks and Recreation comply with
all requirements for loan eligibility and repayment.
(b) (1) The State Water Resources Control Board shall make any
necessary changes to its policy for implementing the Clean Water
State Revolving Fund for Construction of Wastewater Treatment
Facilities to ensure that the funds described in subdivision (a) are
available to the Department of Parks and Recreation within 12 months
from the effective date of this section, assuming all necessary
applications and other loan requirements are met. Those changes shall
include the determination that the Department of Parks and
Recreation shall be the fund guarantor and responsible for repayment
of the loans from the fund provided pursuant to subdivision (a).
(2) Any policies that are adopted or revised pursuant to this
subdivision shall not be subject to the requirements of Chapter 3.5
(commencing with Section 11340) of Part 1 of Division 3 of the
Government Code.
SEC. 127. (a) The Controller shall transfer the
sum of twenty-one million dollars ($21,000,000) on July 1, 2012, to
the Department of Parks and Recreation Fund from moneys in the Motor
Vehicle Fuel Account in the State Transportation Fund that would
otherwise be transferred into the Off-Highway Vehicle Trust Fund
pursuant to Section 8352.6 of the Revenue and Taxation Code. Moneys
received from off-highway vehicle registration fees shall not be
impacted by this section.
(b) It is the intent of the Legislature that the Off-Highway
Vehicle Trust Fund appropriations are not affected by the transfer in
subdivision (a).
SEC. 128. The sum of one hundred thirty-nine
thousand dollars ($139,000) is hereby appropriated from the Public
Utilities Reimbursement Account to the Office of Environmental Health
Hazard Assessment for additional staffing to identify constituents
of biomethane injected into a common carrier pipeline that are
reasonably anticipated to be hazardous to human health and to
determine inhalation standards for those identified constituents.
SEC. 129. The sum of one thousand dollars ($1,000)
for the State Parks and Recreation Fund is hereby appropriated to
the Department of Parks and Recreation for administrative costs.
SEC. 130. No reimbursement is required by this act
pursuant to Section 6 of Article XIII B of the California
Constitution for certain costs that may be incurred by a local agency
or school district because, in that regard, this act creates a new
crime or infraction, eliminates a crime or infraction, or changes the
penalty for a crime or infraction, within the meaning of Section
17556 of the Government Code, or changes the definition of a crime
within the meaning of Section 6 of Article XIII B of the California
Constitution.
However, if the Commission on State Mandates determines that this
act contains other costs mandated by the state, reimbursement to
local agencies and school districts for those costs shall be made
pursuant to Part 7 (commencing with Section 17500) of Division 4 of
Title 2 of the Government Code.
SEC. 131. This act is a bill providing for
appropriations related to the Budget Bill within the meaning of
subdivision (e) of Section 12 of Article IV of the California
Constitution, has been identified as related to the budget in the
Budget Bill, and shall take effect immediately.
SECTION 1. It is the intent of the Legislature
to enact statutory changes relating to the Budget Act of 2012.