SB 72,
as amended, Committee on Budget and Fiscal Review. begin deleteBudget Act of 2013. end deletebegin insertBudget Act of 2013: public resources.end insert
(1) Existing law requires that any moneys appropriated from the Public Resources Account in the Cigarette and Tobacco Products Surtax Fund for programs to protect, restore, enhance, or maintain waterfowl habitat be transferred to the Department of Fish and Wildlife for expenditure for those same purposes.
end insertbegin insertExisting law requires that any moneys appropriated to the Department of Fish and Wildlife from the California Environmental License Plate Fund in an amount not to exceed the amount transferred to the Department of Fish and Wildlife pursuant to the above provisions be transferred to the Department of Parks and Recreation for expenditure for exclusive trust purposes that include, among other things, the acquisition, preservation, restoration, or any combination thereof, of natural areas or ecological reserves.
end insertbegin insertThis bill would repeal these provisions.
end insertbegin insert(2) The Wildlife Conservation Law of 1947 authorizes the Wildlife Conservation Board to, among other things, authorize the Department of Fish and Wildlife to lease, sell, exchange, or otherwise transfer any real property, interest in real property, or option acquired by or held under the jurisdiction of the board or the department. The law also authorizes the board to authorize the department to lease degraded potential wildlife habitat real property to nonprofit organizations, local governmental agencies, or state and federal agencies if specified conditions are met. The law requires proceeds from specified transactions, including leases, entered into pursuant to these provisions to be deposited into the Wildlife Restoration Fund, except as provided.
end insertbegin insertThis bill would require any moneys received in the Wildlife Restoration Fund from leases pursuant to these provisions to be expended, upon appropriation, by the Department of Fish and Wildlife for the purposes of managing, maintaining, restoring, or operating lands owned and managed by the department.
end insertbegin insert(3) The California Prompt Payment Act dictates that a state agency that fails to make a timely payment for goods or services acquired pursuant to a contract with a specified business or organization is subject to a late payment penalty. The act requires state agencies, on an annual basis within 90 calendar days following the end of each fiscal year, to provide the Director of General Services with a report on late payment penalties that were paid by the agency during the preceding fiscal year.
end insertbegin insertThis bill would exclude the Department of Forestry and Fire Protection from the above-described reporting requirements.
end insertbegin insert(4) Existing law provides for the appointment of Members of the Legislature to various state boards, commissions, and similar multimember bodies.
end insertbegin insertThis bill would authorize a Member of the Legislature appointed to a state board, commission, or similar multimember body within the Natural Resources Agency to designate an alternate to serve on the board, commission, or body in the Member’s absence.
end insertbegin insert(5) Existing law creates the Office of Information Security in the Department of Technology, to ensure the confidentiality, integrity, and availability of state systems and applications, and to promote and protect consumer privacy to ensure the trust of the residents of the state. The office is under the direction of a director. Existing law authorizes the office to conduct, or require to be conducted, independent security assessments of any state agency, department, or office, the cost of which is required to be funded by the state agency, department, or office being assessed.
end insertbegin insertThis bill would prohibit the office from requiring an independent security assessment of the Department of Forestry and Fire Protection.
end insertbegin insert(6) Existing law requires the State Fire Marshal to issue a report identifying pipeline leak incident rate trends, reviewing current regulatory effectiveness with regard to pipeline safety, and recommending any necessary changes to the Legislature. Existing law requires a pipeline operator, within 30 days of a pipeline rupture, explosion, or fire, to file a report with the State Fire Marshal.
end insertbegin insertThis bill would delete these requirements.
end insertbegin insert(7) 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, statewide general election, authorizes the issuance of $19,925,000,000 of general obligation bonds for specified purposes, including schoolbus retrofit and replacement purposes. 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 state board and requires the state board to allocate these bond funds in specified ways, including funding to local air pollution control and air quality management districts.
end insertbegin insertThis bill would require funds authorized by the State Air Resources Board during or subsequent to the 2013-14 fiscal year to be allocated to local air pollution control and air quality management districts by prioritizing to retrofit or replace the most polluting schoolbuses in small local air pollution control and air quality management districts first and then medium local air pollution control and air quality management districts as defined by the state board. The bill would require each allocation to provide sufficient funding for at least one project to be implemented pursuant to the Lower-Emission School Bus Program. The bill, if a local air pollution control or air quality management district has unspent funds within 6 months of the expenditure deadline, would require the local air pollution control or air quality management district to work with the state board to transfer those funds to an alternative local air pollution control or air quality management district with existing demand.
end insertbegin insert(8) Existing law requires a state agency to report annually to the Department of Resources Recycling and Recovery on its progress in meeting recycled product purchasing requirements and requires the Department of Resources Recycling and Recovery to provide this reported information to the Legislature in an agency-specific report.
end insertbegin insertThis bill would exempt the Department of Forestry and Fire Protection from this reporting requirement and would delete the requirement that the Department of Resources Recycling and Recovery provide the report to the Legislature.
end insertbegin insert(9) Existing law requires the Department of Forestry and Fire Protection to submit an annual report to the Joint Legislative Budget Committee regarding emergency incidents.
end insertbegin insertThis bill would delete this requirement and other obsolete reporting provisions.
end insertbegin insert(10) Existing law requires the State Board of Forestry and Fire Protection to submit a report to the Legislature on the actions taken by the board relating to forest practices, as provided. Existing law requires the Department of Forestry and Fire Protection to prepare reports for the board setting forth data as to the experiments conducted by the department, and existing law requires the board to make these reports available to the Legislature.
end insertbegin insertThis bill would delete the requirements that the board provide these reports to the Legislature.
end insertbegin insert(11) Existing law authorizes the Department of Finance to delegate to the Department of Parks and Recreation the right to exercise the same authority granted to the Division of the State Architect and the Real Estate Services Division in the Department of General Services, to plan, design, construct, and administer contracts and professional services for legislatively approved capital outlay projects. This provision is repealed as of January 1, 2014.
end insertbegin insertThis bill would extend the repeal date to January 1, 2019.
end insertbegin insert(12) Existing law authorizes the Department of Parks and Recreation to enter into contracts with natural persons, corporations, partnerships, and associations for the construction, maintenance, and operation of concessions within units of the state park system. Existing law requires those concession contracts to contain certain specified provisions, including a provision that the maximum term shall be 10 years, except that a term of more than 10 years may be provided if the Director of Parks and Recreation determines that the longer term is necessary to allow the concessionaire to amortize improvements made by the concessionaire, to facilitate the full utilization of a structure that is scheduled by the department for replacement or redevelopment, or to serve the best interests of the state. Existing law prohibits, with certain exceptions, the term of a concession contract from exceeding 20 years without specific authorization by statute.
end insertbegin insertThis bill would authorize the term to exceed 20 years for a concession agreement at Will Rogers State Beach executed prior to December 31, 1997, as provided, without specific authorization by statute upon approval by the director and pursuant to a determination by the director that the longer term is necessary to allow the concessionaire to amortize improvements made by the concessionaire that are anticipated to exceed $1,500,000 in capital improvements. The bill would prohibit the extension of the term from exceeding 15 years.
end insertbegin insert(13) Existing law, the California Clean Water, Clean Air, and Safe Neighborhood Parks, and Coastal Protection Act of 2002, approved by the voters as Proposition 40 at the March 5, 2002, statewide primary election, authorizes the issuance of bonds in the amount of $2,600,000,000, for the purpose of financing a program for the acquisition, development, restoration, protection, rehabilitation, stabilization, reconstruction, preservation, and interpretation of park, coastal, agricultural land, air, and historical resources, as specified.
end insertbegin insertProposition 40 requires that a specified sum from the proceeds of bonds issued and sold under its provisions, which is available upon appropriation by the Legislature, be allocated to the State Air Resources Board for grants to air pollution control and air quality management districts pursuant to the Carl Moyer Memorial Air Quality Standards Attainment Program for projects that reduce air pollution that affects air quality in state and local park and recreation areas.
end insertbegin insertThis bill would require that allocations of these funds to the Lower-Emission School Bus Program be prioritized to retrofit or replace the most polluting schoolbuses in small local air quality management districts first and then to medium local air quality management districts as defined by the state board. The bill would require that each allocation for this purpose provide enough funding for at least one project to be implemented pursuant to the Lower-Emission School Bus Program. The bill, if a local air quality management district has unspent funds within 6 months of the expenditure deadline, would require the local air quality management district to work with the state board to transfer funds to an alternative local air quality management district with existing demand.
end insertbegin insert(14) Existing law, the California Beverage Container Recycling and Litter Reduction Act, requires a distributor to pay a redemption payment for every beverage container sold or offered for sale in the state to the Department of Resources Recycling and Recovery. The act requires that every convenience zone be served by at least one certified recycling center and the department is required to certify recycling centers and processors for purposes of the act. The Director of Resources Recycling and Recovery is required to adopt, by regulation, procedures for the certification of recycling centers and processors.
end insertbegin insertThis bill would require the Department of Resources Recycling and Recovery to review whether an application for certification as a recycling center or processor, or renewal of a certification, is complete within 30 working days of receipt and if the department deems an application complete, the department would be required to approve or deny the application no later than 60 calendar days after the date when the application was deemed complete. The bill would also require, on and after January 1, 2014, an applicant for certification as a recycling center or processor, or for renewal of a certification, to complete a precertification training program and meet all other qualification requirements prescribed by the department, which would be authorized to include requiring the applicant to obtain a passing score on an examination administered by the department.
end insertbegin insert(15) Existing law specifies requirements for the reports, claims, and information required to be submitted to the Department of Resources Recycling and Recovery pursuant to the act.
end insertbegin insertThis bill would instead require a person otherwise subject to these requirements to use the Division of Recycling Integrated Information System (DORIIS) or other system designated by the Department of Resources Recycling and Recovery for reporting, making, or claiming payments or providing other information for purposes of the act.
end insertbegin insert(16) Existing law requires certified recycling centers to accept any empty beverage container from a consumer or dropoff or collection program and pay the refund value, which can be based on weight. Existing law requires the department to review and calculate the commingled rates paid for beverage containers and postfilled containers paid to curbside recycling programs, collection programs, and recycling centers.
end insertbegin insertThis bill would require, on and after September 1, 2013, a certified recycling center, for beverage containers redeemed by consumers, to pay the refund value based on the applicable segregated rate. The bill would delete recycling centers from those entities for which the department is required to calculate a commingled rate.
end insertbegin insert(17) Existing law provides that a violation of the act is an infraction. The act also provides that a person who, with intent to defraud, takes specified actions, is guilty of fraud, punishable as specified.
end insertbegin insertThis bill would additionally provide that a person who violates a regulation adopted pursuant to the act is guilty of an infraction. The bill would instead specify that a person who, with intent to defraud, takes those actions knowingly is guilty of a crime, punishable as specified.
end insertbegin insert(18) Because a violation of the act is a crime, the bill would impose a state-mandated local program by creating new crimes with regard to the submission of information to the department, the payment of refund values, and the violation of a regulation.
end insertbegin insert(19) The California Constitution establishes the Public Utilities Commission, with jurisdiction over all public utilities, as defined. The Reliable Electric Service Investments Act required the Public Utilities Commission 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. Existing decisions of the Public Utilities Commission institute an Electric Program Investment Charge (EPIC) to fund renewable energy and research, development, and demonstration programs.
end insertbegin insertExisting law creates in the State Treasury the Electric Program Investment Charge Fund to be administered by the State Energy Resources Conservation and Development Commission and requires moneys received by the Public Utilities Commission for those programs the Public Utilities Commission has determined should be administered by the State Energy Resources Conservation and Development Commission to be forwarded by the Public Utilities Commission to the State Energy Resources Conservation and Development Commission at least quarterly for deposit in the fund.
end insertbegin insertThis bill would require the State Energy Resources Conservation and Development Commission, in administering moneys in the fund for research, development, and demonstration programs, to develop and administer the EPIC program for the purpose of awarding funds to projects that may lead to technological advancement and breakthroughs to overcome barriers that prevent the achievement of the state’s statutory energy goals and that may result in a portfolio of projects that is strategically focused and sufficiently narrow to make advancement on the most significant technological challenges. The bill would require the State Energy Resources Conservation and Development Commission, no later than April 30 of each year, to prepare and submit to the Legislature an annual report regarding the EPIC program.
end insertbegin insertThis bill would prohibit the Public Utilities Commission from requiring the collection of moneys pursuant to a specified decision and any amendments to that decision in an annual amount greater than the amount set forth in that decision of the Public Utilities Commission.
end insertbegin insert(20) Existing law establishes the Emerging Renewable Resources Account, a continuously appropriated account, within the Renewable Resource Trust Fund for specified purposes related to renewable energy.
end insertbegin insertThis bill would additionally authorize the use of the moneys in the account for the purposes of funding the New Solar Homes Partnership. Because the bill would expand the purposes of a continuously appropriated account, the bill would make an appropriation.
end insertbegin insert(21) Existing law defines a PACE program as a program that is financed by a PACE bond. Existing law requires the California Alternative Energy and Advanced Transportation Financing Authority to develop and administer a PACE Reserve program to reduce the overall costs to property owners of a Property Assessed Clean Energy bond, or PACE bond, issued by an applicant that has established a Property Assessed Clean Energy program, or PACE program, by providing a reserve of no more than 10% of the initial amount of the PACE bond. Existing law, in 2010, appropriates, until January 1, 2015, $50 million from the Renewable Resource Trust Fund for the above purpose.
end insertbegin insertThis bill would additionally require the authority to develop and administer a PACE risk mitigation program for PACE loans to increase their acceptance in the marketplace and protect against the risk of default and foreclosure. The bill would additionally include a PACE loan program as a PACE program. Because this bill would expand the use of the moneys appropriated by existing law, this bill would make an appropriation.
end insertbegin insert(22) Existing law requires the Department of Fish and Wildlife to regulate the protection of marine plants and animals in marine protected areas, as defined.
end insertbegin insertExisting law establishes the Ocean Protection Council in state government, and prescribes the membership, terms of office, and functions and duties of the council.
end insertbegin insertThis bill would require that, commencing on July 1, 2013, the Ocean Protection Council assume responsibility for the direction of policy of marine protected areas.
end insertbegin insert(23) Existing law requires that at the Ocean Protection Council’s first meeting in a calendar year, the council elect a chair from among its voting members.
end insertbegin insertThis bill would delete that requirement and would instead require that the Secretary of the Natural Resources Agency serve as the chairperson of the Ocean Protection Council, and that the Secretary for Environmental Protection serve as the vice chairperson of the council. The bill would require that the Assistant Secretary for Coastal Matters at the Natural Resources Agency be designated as the Deputy Secretary of the Natural Resources Agency for Ocean and Coastal Policy, and would require the deputy secretary to also serve as the executive director for the council.
end insertbegin insert(24) Existing law authorizes the Legislature to make appropriations directly to the State Coastal Conservancy for expenditures authorized by the council for specified purposes related to the regulation of coastal development and protection.
end insertbegin insertThis bill would instead authorize the Legislature to make those appropriations directly to the Secretary of the Natural Resources Agency for those expenditures authorized by the council for specified purposes related to the regulation of coastal development and protection. The bill would also require that any bond funds received by the State Coastal Conservancy, on or before July 1, 2013, authorized to fund Ocean Protection Council’s programs be transferred to the Natural Resources Agency for use for those programs. The bill would provide for the transfer to the secretary of certain functions and duties of the State Coastal Conservancy with regard to the implementation of contracts and grants on behalf of the council.
end insertbegin insert(25) The California Integrated Waste Management Act of 1989, administered by the Department of Resources Recycling and Recovery, requires a manufacturer of carpets sold in this state, individually or through a carpet stewardship organization, to submit a carpet stewardship plan to the department. A manufacturer or carpet stewardship organization submitting a carpet stewardship plan is required to pay the department an annual administrative fee, as determined by the department. The department is also required to identify the direct development or regulatory costs incurred by the department prior to the submittal of carpet stewardship plans and to establish a fee in an amount adequate to cover those costs, that is required to be paid in 3 equal payments by a carpet stewardship organization that submits a carpet stewardship plan. Existing law establishes the Carpet Stewardship Account in the Integrated Waste Management Fund and requires these fees to be deposited in that account, for expenditure by the department, upon appropriation by the Legislature, to cover the department’s cost to implement the carpet stewardship program provisions.
end insertbegin insertThis bill would instead require a carpet stewardship organization to pay these fees quarterly to the Department of Resources Recycling and Recovery and would make conforming changes regarding those requirements.
end insertbegin insert(26) The act requires a manufacturer of architectural paint or designated stewardship organization to submit to the Department of Resources Recycling and Recovery an architectural paint stewardship plan to develop and implement a recovery program to manage the end of life of postconsumer architectural paint. A stewardship organization is required to pay the department an annual administrative fee in the amount that is sufficient to cover the department’s full costs of administering and enforcing the program. The fee is required to be deposited in the Architectural Paint Stewardship Account in the Integrated Waste Management Fund, which may be expended by the department, upon appropriation by the Legislature, to cover the department’s costs to implement the architectural paint stewardship program provisions.
end insertbegin insertThis bill would require the stewardship organization to pay the fees quarterly and would require the Department of Resources Recycling and Recovery to impose the fees in an amount that includes any program development costs or regulatory costs incurred by the department prior to the submittal of the stewardship plans.
end insertbegin insert(27) Existing law establishes the Office of Education and the Environment in the Department of Resources Recycling and Recovery to implement the statewide environmental educational program and requires the office, in cooperation with the State Department of Education and the State Board of Education, to develop and implement a unified education strategy on the environment for elementary and secondary schools in the state. The Governor’s Reorganization Plan No. 2 of 2012, which will become effective July 1, 2013, provides that CalRecycle is transferred from the Natural Resources Agency to the California Environmental Protection Agency.
end insertbegin insertThis bill would make conforming changes with regard to the establishment of the office in the Department of Resources Recycling and Recovery.
end insertbegin insert(28) Existing law requires the Office of Education and the Environment to develop a model environmental curriculum incorporating certain environmental principles and to submit the model curriculum to the Curriculum Development and Supplemental Materials Commission for review, as prescribed.
end insertbegin insertThis bill would instead require the model curriculum to be submitted to the Instructional Quality Commission for review.
end insertbegin insert(29) Existing law requires the State Department of Education to make the curriculum available electronically and requires the California Environmental Protection Agency to assume the costs associated with the printing of the approved model curriculum.
end insertbegin insertThis bill would instead require Department of Resources Recycling and Recovery to make the curriculum available electronically and would delete the requirement with regard to the assumption of those costs. The bill would require the department to coordinate with specified state agencies to facilitate use of the model environmental curriculum and would authorize the department and those state agencies to collaborate with other specified entities to implement the program.
end insertbegin insert(30) Existing law establishes the Environmental Education Account in the State Treasury and authorizes the California Environmental Protection Agency to expend the moneys in the account, upon appropriation by the Legislature, for purposes of the program.
end insertbegin insertThis bill would instead authorize Department of Resources Recycling and Recovery to expend the funds in the account.
end insertbegin insert(31) Existing law establishes the Division of Ratepayer Advocates within the Public Utilities Commission to represent the interests of public utility customers and subscribers, with the goal of obtaining the lowest possible rate for service consistent with reliable and safe service levels. Existing law requires the Director of the Division of Ratepayer Advocates to submit a budget to the Public Utilities Commission for final approval. Existing law authorizes the director of the division to appoint a lead attorney to represent the division and requires all attorneys assigned by the Public Utilities Commission to perform services for the division to report to and be directed by the lead attorney for the division.
end insertbegin insertThis bill would rename the Division of Ratepayer Advocates the Office of Ratepayer Advocates and would require that the director of the office develop a budget for the office that would be submitted to the Department of Finance for final approval. The bill would require the lead attorney to obtain adequate legal personnel for the work to be conducted by the office from the Public Utilities Commission’s attorney and requires the Public Utilities Commission’s attorney to timely and appropriately fulfill all requests for legal personnel made by the lead attorney for the office, provided the office has sufficient moneys and positions in its budget for the services requested.
end insertbegin insert(32) Existing law establishes the Public Utilities Commission Utilities Reimbursement Account and authorizes the Public Utilities Commission to annually determine a fee to be paid by every public utility providing service directly to customers or subscribers and subject to the jurisdiction of the Public Utilities Commission, except for a railroad corporation. The Public Utilities Commission is required to establish the fee, with the approval of the Department of Finance, to produce a total amount equal to that amount established in the authorized Public Utilities Commission budget for the same year, and an appropriate reserve to regulate public utilities, less specified sources of funding.
end insertbegin insertThis bill would require the Public Utilities Commission to conduct a zero-based budget for all of its programs by January 10, 2015.
end insertbegin insert(33) Existing law authorizes certain public utilities, including electrical corporations and gas corporations, as defined, to propose research and development programs and authorizes the Public Utilities Commission to allow inclusion of expenses for research and development in rates. Existing law requires the Public Utilities Commission to consider specified guidelines in evaluating the research, development, and demonstration programs proposed by electrical corporations and gas corporations.
end insertbegin insertThis bill would prohibit the Public Utilities Commission, in implementing the 21st Century Energy System Decision, as defined, from authorizing recovery from ratepayers of any expense for research and development projects that are not for purposes of cyber security and grid integration and would limit total funding for research and development projects for the purposes of cyber security and grid integration from exceeding $35,000,000. The bill would require that all cyber security and grid integration research and development projects be concluded by the 5th anniversary of their start date. The bill would prohibit the Public Utilities Commission from approving recovery from ratepayers of certain program management expenditures proposed in the 21st Century Energy System Decision proceeding. The bill would require the Public Utilities Commission to require the Lawrence Livermore National Laboratory, Pacific Gas and Electric Company, Southern California Edison Company, and San Diego Gas and Electric Company to ensure that research parameters reflect a new contribution to cyber security and grid integration and that there not be a duplication of research being done by other private and governmental entities. The bill would require the participating electrical corporations to jointly report specified information to the Public Utilities Commission by December 1, 2013, and 60 days following conclusion of all research and development projects, and would require the Public Utilities Commission, upon determining that each report is sufficient, to report that information to the Legislature.
end insertbegin insert(34) Existing law requires the Public Utilities Commission, by January 10 of each year, to report to the Joint Legislative Budget Committee and appropriate fiscal and policy committees of the Legislature on all sources and amounts of funding and actual and proposed expenditures, including any costs to ratepayers, related to specified entities or programs established by the Public Utilities Commission by order, decision, motion, settlement, or other action, including, but not limited to, the California Clean Energy Fund, the California Emerging Technology Fund, and the Pacific Forest and Watershed Lands Stewardship Council, and any entities or programs, other than those expressly authorized by statute, that are established by the Public Utilities Commission under specified statutes.
end insertbegin insertThis bill would prohibit the Public Utilities Commission, by order, decision, motion, settlement, or other action, from establishing a nonstate entity, as defined, with any moneys other than those moneys that would otherwise belong to the public utility’s shareholders. The bill would prohibit the Public Utilities Commission from entering into a contract with any nonstate entity in which a person serves as an owner, director, or officer while serving as a commissioner. The bill would provide that any contract between the Public Utilities Commission and a nonstate entity is void and ceases to exist by operation of law if a person who was a commissioner at the time the contract was awarded, entered into, or extended, on or after January 1, 2014, becomes an owner, director, or officer of the nonstate entity while serving as a commissioner.
end insertbegin insert(35) The California Constitution provides that the Legislature may remove a commissioner of the Public Utilities Commission for incompetence, neglect of duty, or corruption, 2⁄3 of the membership of each house concurring.
end insertbegin insertThis bill would provide that a commissioner who acts as an owner, director, or officer of a nonstate entity that was established prior to January 1, 2014, as a result of an order, decision, motion, settlement, or other action by the Public Utilities Commission in which the commissioner participated, neglects his or her duty and may be removed pursuant to the California Constitution.
end insertbegin insert(36) The Public Utilities Act provides for the imposition of fines and penalties by the Public Utilities Commission for various violations of the act and provides that any public utility that violates any provision of the California Constitution or the act, or that fails or neglects to comply with any order, decision, decree, rule, direction, demand, or requirement of the Public Utilities Commission, where a penalty has not otherwise been provided, is subject to a penalty of not less than $500 and not more than $50,000 for each offense. The act authorizes the Public Utilities Commission to bring an action to recover fines and penalties imposed pursuant to the act in the superior court and requires that all fines and penalties recovered by the state in an action filed in the superior court, together with the costs of bringing the action, be paid into the State Treasury to the credit of the General Fund.
end insertbegin insertThis bill would prohibit the Public Utilities Commission from distributing, expending, or encumbering any moneys received by the Public Utilities Commission as a result of any Public Utilities Commission proceeding or judicial action until the Public Utilities Commission provides the Director of Finance with written notification of the receipt of the moneys and the basis for these moneys being received by the Public Utilities Commission and the director provides not less than 60 days written notice to the Chairperson of the Joint Legislative Budget Committee and the chairs of the appropriate budget subcommittees of the Assembly and Senate of the receipt of the moneys and the basis for those moneys being received by the Public Utilities Commission.
end insertbegin insert(37) Decisions of the Public Utilities Commission adopted the California Solar Initiative. Existing law requires the Public Utilities Commission to undertake certain steps in implementing the California Solar Initiative. Existing law requires the Public Utilities Commission to ensure that the total cost of the California Solar Initiative over the duration of the program does not exceed $3,350,000,000, including $400,000,000 from the Emerging Renewable Resources Account within the Renewable Resource Trust Fund, for programs for the installation of solar energy systems, as defined, on new construction administered by the State Energy Resources Conservation and Development Commission, known as the New Solar Homes Partnership Program.
end insertbegin insertThis bill would authorize the Public Utilities Commission, if it is notified by the State Energy Resources Conservation and Development Commission that funding available pursuant to the Emerging Renewable Resources Account for the New Solar Homes Partnership Program has been exhausted, to require an electrical corporation to continue administration of the program pursuant to the guidelines established for the program by the State Energy Resources Conservation and Development Commission, until the funding limit of $400,000,000 has been reached. The bill would require the Public Utilities Commission, in consultation with the State Energy Resources Conservation and Development Commission, to supervise the administration of the continuation of the New Solar Homes Partnership Program by an electrical corporation. The bill would authorize an electrical corporation to elect to have a 3rd party administer the utility’s continuation of the program.
end insertbegin insert(38) Existing law authorizes the Department of Transportation to acquire real property for state highway purposes. Existing law specifies various procedures to be followed by the department when it determines that real property acquired for state highway purposes is no longer necessary for those purposes, generally under terms and conditions established by the California Transportation Commission.
end insertbegin insertThis bill would require the Department of Transportation to transfer certain real property it owns in the City of San Diego to the Department of Parks and Recreation for incorporation into the state park system. The bill would require the transfer to be completed within 90 days of the effective date of the bill. The bill would make various findings and declarations in that regard.
end insertbegin insert(39) Under existing law, the Department of Water Resources operates the State Water Project and exercises other functions relating to the state’s water resources. Under the Federal Power Act, the Federal Energy Regulatory Commission, or FERC, is responsible for the relicensing of federally licensed hydroelectric power projects.
end insertbegin insertThis bill would require the Director of Finance to notify the Joint Legislative Budget Committee of any hydroelectric power project relicensing proposal for the FERC that, if approved by the Department of Water Resources, would obligate the General Fund in the current or future years. This bill would authorize the department to approve that relicensing proposal not less than 30 days after the director notifies the committee.
end insertbegin insert(40) Existing law, the Sacramento-San Joaquin Delta Reform Act of 2009, establishes the Delta Stewardship Council, consisting of 7 voting members. Existing law prohibits a member of the council from serving 2 consecutive terms, but permits a member to be reappointed after a period of 2 years following the end of his or her term.
end insertbegin insertThis bill would eliminate the above-described prohibition.
end insertbegin insert(41) 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.
end insertbegin insertThis bill would provide that no reimbursement is required by this act for a specified reason.
end insertbegin insert(42) This bill would reappropriate to the Coachella Valley Mountains Conservancy the balance of a specified appropriation made in the Budget Act of 2010, the moneys to be available for capital outlay or local assistance until June 30, 2016.
end insertbegin insert(43) This bill would declare that it is to take effect immediately as a bill providing for appropriations related to the Budget Bill.
end insertThis bill would express the intent of the Legislature to enact statutory changes relating to the Budget Act of 2013.
end deleteVote: majority.
Appropriation: begin deleteno end deletebegin insertyesend insert.
Fiscal committee: begin deleteno end deletebegin insertyesend insert.
State-mandated local program: begin deleteno end deletebegin insertyesend insert.
The people of the State of California do enact as follows:
begin insertSection 712.5 of the end insertbegin insertFish and Game Codeend insertbegin insert is
2repealed.end insert
(a) Commencing July 1, 2005, any moneys appropriated
4from the Public Resources Account in the Cigarette and Tobacco
5Products Surtax Fund for programs to protect, restore, enhance,
6or maintain waterfowl habitat pursuant to subparagraph (A) of
7paragraph (5) of subdivision (b) of Section 30122 of the Revenue
8and Taxation Code, shall be transferred to the department for
9expenditure for those same purposes.
10(b) Commencing July 1, 2005, any moneys appropriated to the
11department from the California Environmental License Plate Fund
12described in Section 21191 of the Public Resources Code, in an
13amount not to exceed the amount transferred to the department
14pursuant to subdivision (a), shall be transferred to the Department
15of Parks and Recreation for expenditure for the exclusive trust
16purposes described in Section 21190.
begin insertSection 1352 of the end insertbegin insertFish and Game Codeend insertbegin insert is amended
18to read:end insert
(a) The money in the Wildlife Restoration Fund, as
20provided for by Section 19632 of the Business and Professions
21Code, is available for expenditure under any provision of this
22chapter.
23(b) All federal moneys made available for projects authorized
24by the board shall be deposited in the Wildlife Restoration Fund.
25Any unexpended balances ofbegin delete suchend deletebegin insert theend insert federal moneys remaining
26on or after June 30, 1979, in any other fund shall be transferred to
27the Wildlife Restoration Fund.
28(c) Any moneys received in the Wildlife Restoration Fund from
29leases authorized pursuant to paragraph (2) or (3) of subdivision
30(c) of Section 1348 shall be expended, upon appropriation, by the
31department for the purposes of managing, maintaining, restoring,
32or operating lands owned and managed by the department.
begin insertSection 2850.5 is added to the end insertbegin insertFish and Game Codeend insertbegin insert,
34to read:end insert
Notwithstanding any other law and consistent with the
36authority granted under Section 2860, commencing on July 1,
372013, the Ocean Protection Council shall assume responsibility
38for the direction of policy of marine protected areas (MPAs).
begin insertSection 927.9 of the end insertbegin insertGovernment Codeend insertbegin insert is amended to
2read:end insert
(a) begin delete Onend deletebegin insert Except as provided in subdivision (c), onend insert an
4annual basis, within 90 calendar days following the end of each
5fiscal year, state agencies shall provide the Director of General
6Services with a report on late payment penalties that were paid by
7the state agency in accordance with this chapter during the
8preceding fiscal year.
9(b) The report shall separately identify the total number and
10dollar amount of late payment penalties paid to small businesses,
11other businesses, and refunds or other payments to individuals.
12State agencies may, at their own initiative, provide the director
13with other relevant performance measures. The director shall
14prepare a report separately listing the number and total dollar
15amount of all late payment penalties paid to small businesses, other
16businesses, and
refunds and other payments to individuals by each
17state agency during the preceding fiscal year, together with other
18relevant performance measures, and shall make the information
19available to the public.
20(c) The reporting requirements of subdivisions (a) and (b) are
21not applicable to the Department of Forestry and Fire Protection.
begin insertSection 1304 is added to the end insertbegin insertGovernment Codeend insertbegin insert, to
23read:end insert
(a) A Member of the Legislature appointed to a state
25board, commission, or similar multimember body within the
26Natural Resources Agency may designate an alternate to serve on
27the board, commission, or body in the Member’s absence.
28(b) An alternate designated pursuant to this section shall
29exercise all of the rights, privileges, and powers that are available
30to the Member with respect to serving on the board, commission,
31or body within the Natural Resources Agency. The alternate
32designated pursuant to this section may not vote and shall adhere
33to the same rules of conduct as a voting member.
34(c) An alternate designated pursuant to this section shall serve
35on the board, commission,
or body within the Natural Resources
36Agency only during the period for which the Member may serve
37on the board, commission, or body.
begin insertSection 11549.3 of the
end insertbegin insertGovernment Codeend insertbegin insert is amended
39to read:end insert
(a) The director shall establish an information security
2program. The program responsibilities include, but are not limited
3to, all of the following:
4(1) The creation, updating, and publishing of information
5security and privacy policies, standards, and procedures for state
6agencies in the State Administrative Manual.
7(2) The creation, issuance, and maintenance of policies,
8standards, and procedures directing state agencies to effectively
9manage security and risk for all of the following:
10(A) Information technology, which includes, but is not limited
11to, all electronic technology systems and services, automated
12information handling,
system design and analysis, conversion of
13data, computer programming, information storage and retrieval,
14telecommunications, requisite system controls, simulation,
15electronic commerce, and all related interactions between people
16and machines.
17(B) Information that is identified as mission critical, confidential,
18sensitive, or personal, as defined and published by thebegin delete office.end deletebegin insert Office
19of Information Security.end insert
20(3) The creation, issuance, and maintenance of policies,
21standards, and procedures directing state agencies for the collection,
22tracking, and reporting of information regarding security and
23privacy incidents.
24(4) The creation, issuance, and maintenance of policies,
25standards, and procedures directing state agencies in the
26development, maintenance, testing, and filing of each agency’s
27disaster recovery plan.
28(5) Coordination of the activities of agency information security
29officers, for purposes of integrating statewide security initiatives
30and ensuring compliance with information security and privacy
31policies and
standards.
32(6) Promotion and enhancement of the state agencies’ risk
33management and privacy programs through education, awareness,
34collaboration, and consultation.
35(7) Representing the state before the federal government, other
36state agencies, local government entities, and private industry on
37issues that have statewide impact on information security and
38privacy.
39(b) An information security officer appointed pursuant to Section
4011546.1 shall implement the policies and procedures issued by the
P20 1Office of Information Security, including, but not limited to,
2performing all of the following duties:
3(1) Comply with the information security and privacy policies,
4standards, and procedures issued pursuant to this chapter by the
5Office of Information
Security.
6(2) Comply with filing requirements and incident notification
7by providing timely information and reports as required by policy
8or directives of the office.
9(c) begin deleteThe end deletebegin insert(1)end insertbegin insert end insertbegin insertExcept as provided in paragraph (2), the end insertoffice may
10conduct, or require to be conducted, independent security
11assessments of any state agency, department, or office, the cost of
12which shall be funded by the state agency, department, or office
13being assessed.
14(2) The office shall not conduct, or require to be conducted,
15independent security
assessments of the Department of Forestry
16and Fire Prevention.
17(d) The office may require an audit of information security to
18ensure program compliance, the cost of which shall be funded by
19the state agency, department, or office being audited.
20(e) The office shall report to thebegin delete Californiaend deletebegin insert Department ofend insert
21 Technologybegin delete Agencyend delete any state agency found to be noncompliant
22with information security program requirements.
begin insertSection 51018 of the end insertbegin insertGovernment Codeend insertbegin insert is amended to
24read:end insert
(a) Every rupture, explosion, or fire involving a
26pipeline, including a pipeline system otherwise exempted by
27subdivision (a) of Section 51010.5, and including a pipeline
28undergoing testing, shall be immediately reported by the pipeline
29operator to the fire department having fire suppression
30responsibilities and to the California Emergency Management
31Agency.begin delete In addition, the pipeline operator shall, within 30 days of
32the rupture, explosion, or fire, file a report with the State Fire
33Marshal containing all the information that the State Fire Marshal
34may reasonably require to prepare the report required pursuant to
35subdivision (d).end delete
36(b) (1) Thebegin delete Californiaend deletebegin insert Office ofend insert Emergencybegin delete Management begin insert Servicesend insert shall immediately notify the State Fire Marshal
37Agencyend delete
38of the incident, who shall immediately dispatchbegin delete his or herend deletebegin insert State
39Fire Marshalend insert employees to the scene. The State Fire Marshal or
40begin delete his or herend deletebegin insert theend insert employees, upon arrival, shall provide technical
P21 1expertise and advise the operator and all public agencies on
2activities needed to mitigate the hazard.
3(2) For purposes of this subdivision, the Legislature does not
4intend to hinder or disrupt the workings of the “incident
5commander system,” but does intend to establish a recognized
6element of expertise and direction for the incident command to
7consult and acknowledge as an authority on the subject of pipeline
8incident mitigation. Furthermore, it is expected that the State Fire
9Marshal will recognize the expertise of the pipeline operator and
10any other emergency agency personnel who may be familiar with
11the particular location of the incident and respect their
12knowledgeable input regarding the mitigation of the
incident.
13(c) For purposes of this section, “rupture” includes every
14unintentional liquid leak, including any leak that occurs during
15hydrostatic testing, except that a crude oil leak of less than five
16barrels from a pipeline or flow line in a rural area, or any crude
17oil or petroleum product leak in any in-plant piping system of less
18than five barrels, when no fire, explosion, or bodily injury results
19or no waterway is contaminated thereby, does not constitute a
20rupture for purposes of the reporting requirements of subdivision
21(a).
22(d) The State Fire Marshal shall, every fifth year commencing
23in 1999, issue a report identifying pipeline leak incident rate trends,
24reviewing current regulatory effectiveness with regard to pipeline
25safety, and recommending any necessary changes to the
26Legislature. This report shall include an assessment of the condition
27of each pipeline and shall include all of the following: total length
28of regulated pipelines, total length of regulated piggable pipeline,
29total number of line sections, average length of each section,
30number of leaks during study period, average spill size, average
31damage per incident, average age of leak pipe, average diameter
32of leak pipe, injuries during study period, cause of the leak or spill,
33fatalities during study period, and other information as deemed
34appropriate by the State Fire Marshal.
35(e)
end delete
36begin insert (d)end insert This section does not preempt any other applicable federal
37or state reporting requirement.
38(f)
end delete
39begin insert (e)end insert Except as otherwise provided in this section and Section
408589.7, a notification made pursuant to this section shall satisfy
P22 1any immediate notification requirement contained in any permit
2 issued by a permitting agency.
3(g)
end delete
4begin insert (f)end insert This section does not apply to pipeline ruptures involving
5nonreportable crude oil spills under Section 3233 of the Public
6Resources Code, unless the spill involves a fire or explosion.
begin insertSection 44299.91 of the end insertbegin insertHealth and Safety Codeend insertbegin insert is
8amended to read:end insert
Of the funds appropriated pursuant to Item
103900-001-6053 of Section 2.00 of the Budget Act of 2007, the
11State Air Resources Board shall allocate the funds in accordance
12with all of the following:
13(a) All schoolbuses in operation in the state of model year 1976
14or earlier shall be replaced.
15(b) (1) The funds remaining after the allocation made pursuant
16to subdivision (a) shall be apportioned to local air quality
17management districts and air pollution control districts based on
18the number of schoolbuses of model years 1977 to 1986, inclusive,
19that are in operation within each district.
20(2) Each district shall determine the percentage
of its allocation
21to spend between replacement of schoolbuses of model years 1977
22to 1986, inclusive, and retrofit of schoolbuses of any model year.
23Of the funds spent by a district for replacement of schoolbuses
24pursuant to this paragraph, a district shall replace the oldest
25schoolbuses of model years 1977 to 1986, inclusive, within the
26district. Of the funds spent by a district for retrofit of schoolbuses
27pursuant to this paragraph, a district shall retrofit the most polluting
28schoolbuses within the district.
29(c) All schoolbuses replaced pursuant to this section shall be
30scrapped.
31(d) These funds shall be administered by either the California
32Energy Commission or the local air district.
33(e) If a local air district’s funds, including accrued interest, are
34not committed by an executed contract as reported to the
State Air
35Resources Board on or before June 30, 2012, then those funds
36shall be transferred, on or before January 1, 2013, to another local
37air district that demonstrates an ability to expend the funds by
38January 1, 2014. In implementing this section, the State Air
39Resources Board in consultation with the local air districts shall,
40by September 30, 2012, establish a list of potential recipient local
P23 1air districts, prioritizing local air districts with the most polluting
2school buses and the greatest need for school bus funding.
3(f) Each allocation made pursuant to this section to a local air
4district shall provide enough funding for at least one project to be
5implemented pursuant to the Lower-Emission School Bus Program
6adopted by the State Air Resources Board. In the event a local air
7district has unspent funds as of January 1, 2014, the local air district
8shall work with the State Air Resources Board to transfer the
9unspent funds to an
alternative local air district with existing
10demand.
11(g) Funds made available pursuant to this chapter to a local air
12district shall be expended by June 30, 2014.
13(h) All funds not expended by a local air district by June 30,
142014, shall be returned to the State Air Resources Board.
15(i) Funds authorized by the State Air Resources Board during
16or subsequent to the 2013-14 fiscal year shall be allocated to local
17air districts by prioritizing to retrofit or replace the most polluting
18schoolbuses in small local air districts first and then medium local
19air districts as defined by the State Air Resources Board. Each
20allocation shall provide sufficient funding for at least one project
21to be implemented pursuant to the Lower-Emission School
Bus
22Program adopted by the State Air Resources Board. If a local air
23district has unspent funds within six months of the expenditure
24deadline, the local air district shall work with the State Air
25Resources Board to transfer those funds to an alternative local
26air district with existing demand.
begin insertSection 12211 of the end insertbegin insertPublic Contract Codeend insertbegin insert is amended
28to read:end insert
(a) begin deleteEach end deletebegin insert(1)end insertbegin insert end insertbegin insertExcept as provided in paragraph (2), a end insert
30state agency shall report annually to the boardbegin delete theirend deletebegin insert itsend insert progress in
31meeting the recycled product purchasing requirements using the
32SABRC report format provided by thebegin delete board.end deletebegin insert Department of
33Resources Recycling and Recovery.end insert
34(2) The reporting requirement in paragraph (1) does not apply
35to the Department of Forestry and Fire Protection.
36(b) On or before October 31 of each year, the department shall
37provide to thebegin delete boardend deletebegin insert Department of Resources Recycling and
38Recoveryend insert the following information:
39(1) A list, by category, of individual reportable recycled
40products, materials, goods, and supplies that were available for
P24 1purchase by state agencies from a statewide-use contract,
2agreement, or schedule during the previous fiscal year.
3(2) A list, by category, of all reportable products, materials,
4goods, and supplies that were available for purchase by state
5agencies from a statewide-use contract, agreement, or schedule,
6including contract, agreement, or schedule tracking numbers,
7during the previous fiscal year.
8(c) The board shall annually provide an agency-specific report
9to the Legislature identifying all state agency SABRC reporting
10figures.
11(d) Every three years, the board shall provide, as part of the
12report described in subdivision (c), recommendations to the
13Legislature for changes necessary to increase the purchase of
14recycled content products, materials, goods, and supplies and
15improve SABRC program efficiency.
begin insertSection 4124 of the end insertbegin insertPublic Resources Codeend insertbegin insert is
17repealed.end insert
The department shall submit an annual report to the Joint
19Legislative Budget Committee, in accordance with Section 9795
20of the Government Code, regarding emergency incidents funded
21entirely or in part from Item 3540-006-0001 of Section 2.00 of the
22annual Budget Act, commonly referred to as the “emergency fund,”
23or from a similar provision of any future Budget Act that provides
24funds for emergency fire suppression and detection costs and
25related emergency revegetation costs, and for which the department
26administratively classifies these funds as being expended from the
27emergency fund. The report shall include all of the following:
28(a) For each incident that is estimated to cost more than five
29million dollars ($5,000,000), as adjusted annually by
the
30department to account for inflation using the California Consumer
31Price Index published by the Department of Industrial Relations,
32the report shall include all of the following information, to the
33extent the information is known by the department:
34(1) The administrative district or districts and the county or
35counties in which the incident occurred, and whether the incident
36occurred in a state responsibility area, local responsibility area,
37federal responsibility area, or some combination of those areas.
38(2) A general description of the incident and the department’s
39response to the incident.
P25 1(3) The total estimated cost of the incident, listed by appropriate
2category, including, but not limited to, overtime, additional staffing,
3inmate costs, travel, accommodations, air support, and nonstate
4vendor costs.
5(4) The estimated costs charged to the emergency fund, listed
6by appropriate category, including, but not limited to, overtime,
7additional staffing, inmate costs, travel, accommodations, air
8support, and nonstate vendor costs.
9(5) The number of personnel and equipment assigned to the
10incident, including state resources, federal resources, and local
11resources.
12(6) Whether the state’s costs to respond to the incident are
13eligible for reimbursement from the federal government or a local
14government.
15(7) Whether the department had performed any fuel reduction,
16vegetation management, controlled burns, or other fuel treatment
17in the area of the incident that impacted either the course of the
18incident or the department’s response to the incident.
19(b) For each incident that is estimated to cost less than five
20million dollars ($5,000,000), as adjusted annually by the
21department to account for inflation using the California Consumer
22Price Index published by the Department of Industrial Relations,
23the report shall include a list of those incidents, specifying each
24incident’s total estimated cost and total estimated costs charged
25to the emergency fund.
26(c) Information on any other costs paid in whole or in part from
27the emergency fund.
begin insertSection 4515 of the end insertbegin insertPublic Resources Codeend insertbegin insert is
29repealed.end insert
The board shall submit to the Legislature on December
311st of each year a report on the actions taken pursuant to this
32chapter during the preceding fiscal year. Such report shall include
33a statement of the actions, including legislative recommendations,
34which are necessary to more fully carry out the purposes and
35requirements of this chapter.
begin insertSection 4785 of the end insertbegin insertPublic Resources Codeend insertbegin insert is
37amended to read:end insert
The department shall from time to time prepare reports
39setting forth data as tobegin delete theend delete experimentsbegin delete soend delete conducted andbegin delete itsend deletebegin insert the
40department’send insert findings and conclusions with referencebegin delete theretoend deletebegin insert to
P26 1those experimentsend insert and submit these reports to the board for its
2guidance and assistance in determining the policy to be followed
3by the board with reference to range and forage lands.begin delete The board
4shall make these reports available to the Legislature.end delete
begin insertSection 5018.1 of the end insertbegin insertPublic Resources Codeend insertbegin insert is
6amended to read:end insert
(a) Notwithstanding any otherbegin delete provision ofend delete law, the
8Department of Finance may delegate to the department the right
9to exercise the same authority granted to the Division of the State
10Architect and the Real Estate Services Division in the Department
11of General Services, to plan, design, construct, and administer
12contracts and professional services for legislatively approved
13capital outlay projects.
14(b) Any right afforded to the department pursuant to subdivision
15(a) to exercise project planning, design, construction, and
16administration of contracts and professional services may be
17revoked, in whole or in part, by the Department of Finance at any
18time prior to January 1,begin delete 2014.end deletebegin insert 2019.end insert
19(c) This section shall remain in effect only until January 1,begin delete 2014,end delete
20begin insert 2019,end insert and as of that date is repealed, unless a later enacted statute,
21that is enacted before January 1,begin delete 2014,end deletebegin insert 2019,end insert deletes or extends
22that date.
begin insertSection 5080.18 of the end insertbegin insertPublic Resources Codeend insertbegin insert is
24amended to read:end insert
All concession contracts entered into pursuant to this
26article shall contain, but are not limited to, all of the following
27provisions:
28(a) (1) The maximum term shall be 10 years, except that a term
29of more than 10 years may be provided if the director determines
30that the longer term is necessary to allow the concessionaire to
31amortize improvements made by the concessionaire, to facilitate
32the full utilization of a structure that is scheduled by the department
33for replacement or redevelopment, or to serve the best interests of
34the state. The term shall not exceed 20 years without specific
35authorization by statute.
36(2) The maximum term shall be 50 years if
the concession
37contract is for the construction, development, and operation of
38multiple-unit lodging facilities equipped with full amenities,
39including plumbing and electrical, that is anticipated to exceed an
40initial cost of one million five hundred thousand dollars
P27 1($1,500,000) in capital improvements in order to begin operation.
2The term for a concession contract described in this paragraph
3shall not exceed 50 years without specific authorization by statute.
4(3) Notwithstanding paragraph (1), a concession agreement at
5Will Rogers State Beach executed prior to December 31, 1997,
6including, but not limited to, an agreement signed pursuant to
7Section 25907 of the Government Code, may be extended to exceed
820 years in total length without specific authorization by statute,
9upon approval by the director and pursuant to a determination by
10the director that the
longer term is necessary to allow the
11concessionaire to amortize improvements made by the
12concessionaire that are anticipated to exceed one million five
13hundred thousand dollars ($1,500,000) in capital improvements.
14Any extensions granted pursuant to this paragraph shall not be
15for more than 15 years.
16(b) Every concessionaire shall submit to the department all sales
17and use tax returns.
18(c) Every concession shall be subject to audit by the department.
19(d) A performance bond shall be obtained and maintained by
20the concessionaire. In lieu of a bond, the concessionaire may
21substitute a deposit of funds acceptable to the department. Interest
22on the deposit shall accrue to the concessionaire.
23(e) The concessionaire shall obtain and
maintain in force at all
24times a policy of liability insurance in an amount adequate for the
25nature and extent of public usage of the concession and naming
26the state as an additional insured.
27(f) Any discrimination by the concessionaire or his or her agents
28or employees against any person because of the marital status or
29ancestry of that person or any characteristic listed or defined in
30Section 11135 of the Government Code is prohibited.
31(g) To be effective, any modification of the concession contract
32shall be evidenced in writing.
33(h) Whenever a concession contract is terminated for substantial
34breach, there shall be no obligation on the part of the state to
35purchase any improvements made by the concessionaire.
begin insertSection 5096.650 of the end insertbegin insertPublic Resources Codeend insertbegin insert is
37amended to read:end insert
The one billion two hundred seventy-five million
39dollars ($1,275,000,000) allocated pursuant to subdivision (c) of
40Section 5096.610 shall be available for the acquisition and
P28 1development of land, air, and water resources in accordance with
2the following schedule:
3(a) Notwithstanding Section 13340 of the Government Code,
4the sum of three hundred million dollars ($300,000,000) is
5continuously appropriated to the Wildlife Conservation Board for
6the acquisition, development, rehabilitation, restoration, and
7protection of habitat that promotes the recovery of threatened and
8endangered species, that provides corridors linking separate habitat
9areas to prevent habitat fragmentation, and that protects significant
10natural landscapes and ecosystems
such as old growth redwoods
11and oak woodlands and other significant habitat areas; and for
12grants and related state administrative costs pursuant to the Wildlife
13Conservation Law of 1947 (Chapter 4 (commencing with Section
141300) of Division 2 of the Fish and Game Code). Funds scheduled
15in this subdivision may be used to prepare management plans for
16properties acquired in fee by the Wildlife Conservation Board.
17(b) The sum of four hundred forty-five million dollars
18($445,000,000) to the conservancies in accordance with the
19particular provisions of the statute creating each conservancy for
20the acquisition, development, rehabilitation, restoration, and
21protection of land and water resources; for grants and state
22administrative costs; and in accordance with the following
23schedule:
|
(1) |
To the State Coastal Conservancy |
$200,000,000 |
|
(2) |
To the California Tahoe Conservancy |
$ 40,000,000 |
|
(3) |
To the Santa Monica Mountains Conservancy |
$ 40,000,000 |
|
(4) |
To the Coachella Valley Mountains Conservancy |
$ 20,000,000 |
|
(5) |
To the San Joaquin River Conservancy |
$ 25,000,000 |
|
(6) |
To the San Gabriel and Lower Los Angeles Rivers and Mountains Conservancy |
$ 40,000,000 |
|
(7) |
To the Baldwin Hills Conservancy |
$ 40,000,000 |
|
(8) |
To the San Francisco Bay Area Conservancy Program |
$ 40,000,000 |
36(c) The sum of three hundred seventy-five million dollars
37($375,000,000) shall be available for grants to public
agencies and
38nonprofit organizations for acquisition, development, restoration,
39and associated planning, permitting, and administrative costs for
P29 1the protection and restoration of water resources in accordance
2with the following schedule:
3(1) The sum of seventy-five million dollars ($75,000,000) to
4the secretary for the acquisition and development of river parkways
5and for protecting urban streams. The secretary shall make funds
6available in accordance with Sections 7048 and 78682.2 of the
7Water Code, and pursuant to any other applicable statutory
8authorization. Not less than five million dollars ($5,000,000) shall
9be available for grants for the urban streams program, pursuant to
10Section 7048 of the Water Code.
11(2) The sum of three hundred million dollars ($300,000,000)
12shall be available for the purposes of clean beaches, watershed
13protection, and water quality projects to
protect beaches, coastal
14waters, rivers, lakes, and streams from contaminants, pollution,
15and other environmental threats.
16(d) begin insert(1)end insertbegin insert end insertThe sum of fifty million dollars ($50,000,000) to the
17State Air Resources Board for grants to air districts pursuant to
18Chapter 9 (commencing with Section 44275) of Part 5 of Division
1926 of the Health and Safety Code for projects that reduce air
20pollution that affects air quality in state and local park and
21recreation areas. Eligible projects shall meet the requirements of
22Section 16727 of the Government Code and shall be consistent
23with Section 43023.5 of the Health and Safety Code, if Assembly
24Bill 1390 of the 2001-02 Regular Session of the Legislature is
25enacted on or before January 1, 2003. Eachbegin insert airend insert
district shall be
26eligible for grants of not less than two hundred thousand dollars
27($200,000). Not more than 5 percent of the funds allocated tobegin delete aend deletebegin insert an
28airend insert district may be used to cover the costs associated with
29implementing the grant program.
30(2) Allocations of funds pursuant to this subdivision to the
31Lower-Emission School Bus Program shall be prioritized to retrofit
32or replace the most polluting schoolbuses in small air districts
33first and then to medium air districts as defined by the State Air
34Resources Board. Each allocation for this purpose shall provide
35enough funding for at least one project to be implemented pursuant
36to the Lower-Emission School Bus Program adopted by the State
37Air Resources Board. If a local air district has unspent funds within
38six months of the expenditure deadline, the air district shall work
39with the State Air
Resources Board to transfer funds to an
40alternative air district with existing demand.
P30 1(e) The sum of twenty million dollars ($20,000,000) to the
2California Conservation Corps for the acquisition, development,
3restoration, and rehabilitation of land and water resources, and for
4grants and state administrative costs in accordance with the
5following schedule:
6(1) The sum of five million dollars ($5,000,000) shall be
7available for resource conservation activities.
8(2) The sum of fifteen million dollars ($15,000,000) shall be
9available for grants to local conservation corps for acquisition and
10development of facilities to support local conservation corps
11programs.
12(f) The sum of seventy-five million dollars ($75,000,000) shall
13be
available for grants for the preservation of agricultural lands
14and grazing lands, including oak woodlands and grasslands.
15(g) The sum of ten million dollars ($10,000,000) to the
16Department of Forestry and Fire Protection for grants for urban
17forestry programs pursuant to the California Urban Forestry Act
18of 1978 (Chapter 2 (commencing with Section 4799.06) of Part
192.5 of Division 1).
begin insertSection 14538 of the end insertbegin insertPublic Resources Codeend insertbegin insert is
21amended to read:end insert
(a) (1) The department shall certify the operators of
23recycling centers pursuant to this section.
24(2) The department shall review whether an application for
25certification or renewal is complete within 30 working days of
26receipt, including compliance with subdivision (c). If the
27department deems an application complete, the department shall
28approve or deny the application no later than 60 calendar days
29after the date when the application was deemed complete.
30(a)
end delete
31begin insert (b)end insert Thebegin delete department shall certify the operators of recycling director shall adopt, by
32centers pursuant to this section. Theend delete
33regulation, a procedure for the certification of recycling centers,
34including standards and requirements for certification. These
35regulations shall require that all information be submitted to the
36department under penalty of perjury. A recycling center shall meet
37all of the standards and requirements contained in the regulations
38for certification. The regulations shall require, but shall not be
39limited to requiring, that all of the following conditions be met for
40certification:
P31 1(1) The operator of the recycling center demonstrates, to the
2satisfaction of the department, that the operator will operate in
3accordance with this division.
4(2) If one or more certified entities have operated at the same
5location within
the past five years, the operations at the location
6of the recycling center exhibit, to the satisfaction of the department,
7a pattern of operation in compliance with the requirements of this
8division and regulations adopted pursuant to this division.
9(3) The operator of the recycling center notifies the department
10promptly of any material change in the nature of his or her
11operations which conflicts with information submitted in the
12operator’s application for certification.
13(c) (1) On and after January 1, 2014, an applicant for
14certification as a recycling center, and a recycling center applying
15for renewal of a certification, shall complete the precertification
16training program required by this subdivision and meet all other
17qualification requirements prescribed by the
department, which
18may include, but are not limited to, requiring the applicant to
19obtain a passing score on an examination administered by the
20department.
21(2) The department may use staff or industry experts, or may
22seek expertise available in other state agencies, to provide the
23training program required by this subdivision, which shall include
24providing technical assistance to better prepare recycling centers
25for successful participation in this division, thereby reducing the
26potential for errors, fraud, or other activities that compromise the
27integrity of the implementation of this division.
28(b)
end delete
29begin insert(d)end insert A certified recycling center shall comply with all of the
30following requirements for operation:
31(1) The operator of the recycling center shall not pay a refund
32value for, or receive a refund value from any processor for, any
33food or drink packaging material or any beverage container or
34other product that does not have a refund value established pursuant
35to Section 14560.
36(2) The operator of a recycling center shall take those actions
37that satisfy the department to prevent the payment of a refund value
38for any food or drink packaging material or any beverage container
39or other product that does not have a refund value established
40pursuant to Section 14560.
P32 1(3) Unless exempted pursuant to subdivision (b) of Section
214572, a certified recycling center shall accept, and pay at least
3the refund value for,
all empty beverage containers, regardless of
4type.
5(4) A certified recycling center shall not pay any refund values,
6processing payments, or administrative fees to a noncertified
7recycler.
8(5) A certified recycling center shall not pay any refund values,
9processing payments, or administrative fees on empty beverage
10containers or other containers that the certified recycling center
11knew, or should have known, were coming into the state from out
12of the state.
13(6) A certified recycling center shall not claim refund values,
14processing payments, or administrative fees on empty beverage
15containers that the certified recycling center knew, or should have
16known, were received from noncertified recyclers or on beverage
17containers that the certified recycling center knew, or should have
18known, come from out of the state.
19(7) A certified recycling center shall prepare and maintain the
20following documents involving empty beverage containers, as
21specified by the department by regulation:
22(A) Shipping reports that are required to be prepared by the
23recycling center, or that are required to be obtained from other
24recycling centers.
25(B) Consumer transaction receipts.
26(C) Consumer transaction logs.
27(D) Rejected container receipts on materials subject to this
28division.
29(E) Receipts for transactions with beverage manufacturers on
30materials subject to this division.
31(F) Receipts for
transactions with beverage distributors on
32materials subject to this division.
33(G) Documents authorizing the recycling center to cancel empty
34beverage containers.
35(H) Weight tickets.
36(8) In addition to the requirements of paragraph (7), a certified
37recycling center shall cooperate with the department and make
38available its records of scrap transactions when the review of these
39records is necessary for an audit or investigation by the department.
40(c)
end delete
P33 1begin insert(e)end insert The department may recover, in restitution pursuant to
2paragraph (5) of subdivision (c) of Section 14591.2, payments
3made from the fund to the certified recycling center pursuant to
4Section 14573.5 that are based on the documents specified in
5paragraph (7), that are not prepared or maintained in compliance
6with the department’s regulations, and that do not allow the
7department to verify claims for program payments.
8(d)
end delete
9begin insert(f)end insert The department may certify a recycling center that will
10operate less than 30 hours a week, as specified in paragraph (2) of
11subdivision (b) of Section 14571.
begin insertSection 14539 of the end insertbegin insertPublic Resources Codeend insertbegin insert is
13amended to read:end insert
(a) (1) The department shall certify processors
15pursuant to this section.
16(2) The department shall review whether an application for
17certification or renewal is complete within 30 working days of
18receipt, including compliance with subdivision (c). If the
19department deems an application complete, the department shall
20approve or deny the application no later than 60 calendar days
21after the date when the application was deemed complete.
22(a)
end delete
23begin insert(b)end insert Thebegin delete department shall certify processors pursuant to this director shall adopt, by regulation, requirements and
24section. Theend delete
25standards for certification. The regulations shall require, but shall
26not be limited to requiring, that all of the following conditions be
27met for certification:
28(1) The processor demonstrates to the satisfaction of the
29department that the processor will operate in accordance with this
30division.
31(2) If one or more certified entities have operated at the same
32location within the past five years, the operations at the location
33of the processor exhibit, to the satisfaction of the department, a
34pattern of operation in compliance with the requirements of this
35division and regulations adopted pursuant to this division.
36(3) The processor notifies the
department promptly of any
37material change in the nature of the processor’s operations that
38conflicts with the information submitted in the operator’s
39application for certification.
P34 1(c) (1) On and after January 1, 2014, an applicant for
2certification as a processor and a processor applying for renewal
3of a certification shall complete the precertification training
4program required by this subdivision and meet all other
5qualification requirements prescribed by the department, which
6may include, but are not limited to, requiring the applicant to
7obtain a passing score on an examination administered by the
8department.
9(2) The department may use staff or industry experts, or
may
10seek expertise available in other state agencies, to provide the
11training program required by this subdivision, which shall include
12providing technical assistance to better prepare processors for
13successful participation in this division, thereby reducing the
14potential for errors, fraud, or other activities which compromise
15the integrity of the implementation of this division.
16(b)
end delete
17begin insert(d)end insert A certified processor shall comply with all of the following
18requirements for operation:
19(1) The processor shall not pay a refund value for, or receive a
20refund value from the department for, any food or drink packaging
21material or any beverage container or other product that does not
22have a refund value established pursuant to Section 14560.
23(2) The processor shall take those actions that satisfy the
24department to prevent the payment of a refund value for any food
25or drink packaging material or any beverage container or other
26product that does not have a refund value
established pursuant to
27Section 14560.
28(3) Unless exempted pursuant to subdivision (b) of Section
2914572, the processor shall accept, and pay at least the refund value
30for, all empty beverage containers, regardless of type, for which
31the processor is certified.
32(4) A processor shall not pay any refund values, processing
33payments, or administrative fees to a noncertified recycler. A
34processor may pay refund values, processing payments, or
35administrative fees to any entity that is identified by the department
36on its list of certified recycling centers.
37(5) A processor shall not pay any refund values, processing
38payments, or administrative fees on empty beverage containers or
39other containers that the processor knew, or should have known,
40were coming into the state from out of the state.
P35 1(6) A processor shall not claim refund values, processing
2payments, or administrative fees on empty beverage containers
3that the processor knew, or should have known, were received
4from noncertified recyclers or on beverage containers that the
5processor knew, or should have known, come from out of the state.
6A processor may claim refund values, processing payments, or
7administrative fees on any empty beverage container that does not
8come from out of the state and that is received from any entity that
9is identified by the department on its list of certified recycling
10centers.
11(7) A processor shall take the actions necessary and approved
12by the department to cancel containers to render them unfit for
13redemption.
14(8) A processor shall prepare or maintain the following
15documents involving empty beverage containers, as
specified by
16the department by regulation:
17(A) Shipping reports that are required to be prepared by the
18processor or that are required to be obtained from recycling centers.
19(B) Processor invoice reports.
20(C) Cancellation verification documents.
21(D) Documents authorizing recycling centers to cancel empty
22beverage containers.
23(E) Processor-to-processor transaction receipts.
24(F) Rejected container receipts on materials subject to this
25division.
26(G) Receipts for transactions with beverage manufacturers on
27materials subject to this division.
28(H) Receipts for transactions with distributors on materials
29subject to this division.
30(I) Weight tickets.
31(9) In addition to the requirements of paragraph (7), a processor
32shall cooperate with the department and make available its records
33of scrap transactions when the review of these records is necessary
34for an audit or investigation by the department.
35(c)
end delete
36begin insert(e)end insert The department may recover, in restitution pursuant to
37paragraph (5) of subdivision (c) of Section 14591.2, any payments
38made by the department to the processor pursuant to Section 14573
39that are based on the documents specified in paragraph (8) of
40subdivision (b) of this section, that are not prepared or maintained
P36 1in compliance with the department’s regulations, and that do not
2allow the department to verify claims for program payments.
begin insertSection 14549.5 of the end insertbegin insertPublic Resources Codeend insertbegin insert is
4amended to read:end insert
On or beforebegin delete the 90th day after the effective date of begin insert April 1, 2004,end insert and annually
6the act amending this section,end delete
7thereafter, or more frequently as determined to be necessary by
8the department, the department shall review and, if necessary in
9order to ensure payment of the most accurate commingled rate
10feasible, recalculate commingled rates paid for beverage containers
11and postfilled containers paid to curbside recyclingbegin delete programs, begin insert programsend insert and
12collection programs,end deletebegin delete recycling centers.end deletebegin insert collection
13programs.end insert Prior to recalculating a commingled rate pursuant to
14this section, the department shall do all of the following:
15(a) Consult with private and public operators of curbside
16recyclingbegin delete programs, collection programs,end deletebegin insert programsend insert andbegin delete recycling begin insert collection programsend insert concerning the size of the statewide
17centersend delete
18sample, appropriate sampling methodologies, and alternatives to
19exclusive reliance on a statewide commingled rate.
20(b) At least 60 days prior to the effective date of any new
21commingled rate, hold a public hearing, after giving notice, to
22make available to the public and affected parties the department’s
23review and any proposed recalculations of the commingled rate.
24(c) At least 60 days prior to the effective date of any new
25commingled rate, and upon the request of any party, make available
26documentation or studies which were prepared as part of the
27department’s review of a commingled rate.
28(d) (1) Notwithstanding this division, the department may
29calculate a curbside recycling program commingled rate pursuant
30to this subdivision for bimetal containers and a combined
31commingled rate for all plastic beverage containers displaying the
32resin identification code “3,” “4,” “5,” “6,” or “7” pursuant to
33Section 18015.
34(2) The department may enter into a contract for the services
35required to implement the amendments to this section made bybegin delete the begin insert Chapter 753end insert of the
36actend deletebegin delete first halfend deletebegin insert Statutesend insert ofbegin delete the 2003-04 Regular begin insert 2003.end insert The
37Session of the Legislature amending this section.end delete
38department may not expend more than two hundred fifty thousand
39dollars ($250,000) for each year of the contract. The contract shall
40be paid only from revenues derived from redemption payments
P37 1and processing fees paid on plastic beverage containers displaying
2the resin identification code “3,” “4,” “5,” “6,” or “7” pursuant to
3Section 18015. If the department determines that insufficient funds
4will be available from these revenues, after refund values are paid
5to processors and the reduction is made in the processing fee
6pursuant to subdivisionbegin delete (f)end deletebegin insert (e)end insert of Section 14575 for these
7containers, the department may determine not to calculate a
8commingled rate pursuant to this subdivision.
begin insertSection 14553 of the end insertbegin insertPublic Resources Codeend insertbegin insert is
10amended to read:end insert
(a) begin deleteAll end deletebegin insertExcept as provided in subdivision (b), all end insert
12reports, claims, and other information required pursuant to this
13division and submitted to the department shall be complete, legible,
14and accurate, as determined by the department by regulation, and
15shall be signed, by an officer, director, managing employee, or
16owner of the certified recycling center, processor, distributor,
17beverage manufacturer, container manufacturer, or other entity.
18(b) Notwithstanding subdivision (a), a person submitting the
19reports, claims, and other information specified in subdivision (a)
20shall use the Division of Recycling Integrated Information System
21(DORIIS) or other system designated by the department for
22reporting, making, or claiming payments, or providing other
23information required pursuant to this division.
24(b)
end delete
25begin insert (c)end insert The department may inspect the operations, processes, and
26records ofbegin delete anyend deletebegin insert anend insert entity required to submit a report to the
27department pursuant to this division to determine the accuracy of
28the report and compliance with the requirements of this division.
29(c)
end delete
30begin insert (d)end insertbegin insert end insertbegin insert(1)end insert A violation of this section is subject to the penalties
31specified in Section 14591.1.
32(2) The department may take an enforcement action against a
33certified recycling center or processor that fails to comply with
34this section, including, but not limited to, imposing penalties,
35denying claims for payment, or terminating the certification of the
36certified recycling center or processor.
begin insertSection 14572 of the end insertbegin insertPublic Resources Codeend insertbegin insert is
38amended to read:end insert
(a) begin insert(1)end insertbegin insert end insertExcept as provided in subdivision (b), a certified
40recycling center shall accept from any consumer or dropoff or
P38 1collection program any empty beverage container, and shall pay
2to the consumer or dropoff or collection program the refund value
3of the beverage container.begin delete The center may pay the refund value
4based on the weight of returned containers.end delete
5(2) Except as provided in paragraph (3), the recycling center
6may pay the refund value based on the weight of returned
7containers.
8(3) On and after September 1, 2013, for beverage containers
9redeemed by consumers, a certified recycling center shall pay the
10refund value using the applicable segregated rate, as defined in
11paragraph (43) of subsection (a) of Section 2000 of Title 14 of the
12California Code of Regulations, as that section read on September
131, 2013, which shall be based on the weight of the redeemed
14beverage containers.
15(b) Any recycling center or processorbegin delete whichend deletebegin insert thatend insert was in
16existence on January 1, 1986, andbegin delete whichend deletebegin insert thatend insert refused, as of January
171, 1986, to accept at a particular location a certain type of empty
18beverage container may continue to refuse to accept at the location
19the type or types of empty beverage containers that the recycling
20center or processor refused to accept as of January 1, 1986.begin delete Anyend delete
21begin insert Aend insert certified recycling centerbegin delete whichend deletebegin insert thatend insert refuses, pursuant to this
22subdivision, to accept a certain type or types of empty beverage
23containers is not eligible to receive handling fees unless the center
24agrees to accept all types of empty beverage containers and is a
25supermarket site. This subdivision does not preclude the certified
26recycling center from receiving a handling fee for beverage
27containers redeemed at supermarket sitesbegin delete whichend deletebegin insert thatend insert do accept all
28types of containers.
29(c) The department shall develop procedures by which recycling
30centers and processorsbegin delete whichend deletebegin insert thatend insert meet the criteria of subdivision
31(b) may recertify to change the material types accepted.
32(d) (1) Only a certified recycling center may pay the refund
33value to consumers or dropoff or collection programs.begin delete Noend deletebegin insert Aend insert person
34shallbegin insert notend insert pay a noncertified recycler for empty beverage containers
35an amountbegin delete whichend deletebegin insert thatend insert exceeds the current scrap value for each
36container type, which shall be determined in the following manner:
37(A) For a plastic or glass beverage container, the current scrap
38value shall be determined by the department.
39(B) For an aluminum beverage container, the current scrap value
40shall be not greater than the amount paid to the processor for that
P39 1aluminum beverage container, on the date the container was
2purchased, by the location of end use, as defined in the regulations
3of the department.
4(2) begin deleteNo end deletebegin insertA
end insertpersonbegin delete mayend deletebegin insert shall notend insert receive or retain, for empty
5beverage containersbegin delete whichend deletebegin insert thatend insert come from out of state, any refund
6values, processing payments, or administrative fees for which a
7claim is made to the department against the fund.
8(3) Paragraph (1) does not affect curbside programs under
9contract with cities or counties.
begin insertSection 14591 of the end insertbegin insertPublic Resources Codeend insertbegin insert is
11amended to read:end insert
(a) Except as provided in subdivision (b), in addition
13to any other applicable civil or criminal penalties,begin delete anyend deletebegin insert aend insert person
14convicted of a violation of this divisionbegin insert, or a regulation adopted
15pursuant to this division,end insert is guilty of an infraction, which is
16punishable by a fine of one hundred dollars ($100) for each initial
17separate violation and not more than one thousand dollars ($1,000)
18for each subsequent separate violation per day.
19(b) (1) Every person who, with intent to defraud,begin insert knowinglyend insert
20 takes any of the following actions is guilty ofbegin delete fraud:end deletebegin insert a crime:end insert
21(A) Submits a false or fraudulent claim for payment pursuant
22to Section 14573 or 14573.5.
23(B) Fails to accurately report the number of beverage containers
24sold, as required by subdivision (b) of Section 14550.
25(C) Fails to make payments as required by Section 14574.
26(D) Redeems out-of-state containers, rejected containers, line
27breakage, or containers that have already been redeemed.
28(E) Returns redeemed containers to thebegin insert Californiaend insert
marketplace
29for redemption.
30(F) Brings out-of-state containers, rejected containers, or line
31breakage to thebegin insert Californiaend insert marketplace for redemption.
32(G) Submits a false or fraudulent claim for handling fee
33payments pursuant to Section 14585.
34(2) If the money obtained or withheld pursuant to paragraph (1)
35exceeds nine hundred fifty dollars ($950),begin delete the fraudend deletebegin insert a person
36convicted of a crime pursuant to paragraph (1)end insert isbegin delete punishableend delete
37begin insert subject to punishmentend insert by imprisonment in the county jail for not
38more than one year or by a fine not exceeding ten thousand dollars
39($10,000), or by both, or by imprisonment pursuant to subdivision
40(h) of Section 1170 of the Penal Code for 16 months, two years,
P40 1or three years, or by a fine not exceeding twenty-five thousand
2dollars ($25,000) or twice the late or unmade payments plus
3interest, whichever is greater, or by both fine and imprisonment.
4If the money obtained or withheld pursuant to paragraph (1) equals,
5or is less than, nine hundred fifty dollars ($950), thebegin delete fraudend deletebegin insert personend insert
6 isbegin delete punishableend deletebegin insert subject to punishmentend insert by imprisonment in the county
7jail for not more than six months or by a fine not exceeding one
8thousand dollars ($1,000), or by both.
9(c) For purposes of this section and Chapter 8.5 (commencing
10with Section 14595), “line breakage” and “rejected container”
11have the same meanings as defined in the regulations adopted or
12amended by the department pursuant to this division.
begin insertSection 25711.5 is added to the end insertbegin insertPublic Resources
14Codeend insertbegin insert, to read:end insert
In administering moneys in the fund for research,
16development, and demonstration programs under this chapter, the
17commission shall develop and implement the Electric Program
18Investment Charge (EPIC) program to do all of the following:
19(a) Award funds for projects that will benefit electricity
20ratepayers and lead to technological advancement and
21breakthroughs to overcome the barriers that prevent the
22achievement of the state’s statutory energy goals and that result
23in a portfolio of projects that is strategically focused and
24sufficiently narrow to make advancement on the most significant
25technological challenges that shall include, but not be limited to,
26energy storage, renewable energy and its integration into the
27electrical grid, energy efficiency, integration
of electric vehicles
28into the electrical grid, and accurately forecasting the availability
29of renewable energy for integration into the grid.
30(b) In consultation with the Treasurer, establish terms that shall
31be imposed as a condition to receipt of funding for the state to
32accrue any intellectual property interest or royalties that may
33derive from projects funded by the EPIC program. The commission,
34when determining if imposition of the proposed terms is
35appropriate, shall balance the potential benefit to the state from
36those terms and the effect those terms may have on the state
37achieving its statutory energy goals. The commission shall require
38each reward recipient, as a condition of receiving moneys pursuant
39to this chapter, to agree to any terms the commission determines
40are appropriate for the state to accrue any intellectual property
P41 1interest or royalties that may derive from projects funded by the
2EPIC program.
3(c) Require each applicant to report how the proposed project
4may lead to technological advancement and potential
5breakthroughs to overcome barriers to achieving the state’s
6statutory energy goals.
7(d) Establish a process for tracking the progress and outcomes
8of each funded project, including an accounting of the amount of
9funds spent by program administrators and individual grant
10recipients on administrative and overhead costs and whether the
11project resulted in any technological advancement or breakthrough
12to overcome barriers to achieving the state’s statutory energy
13goals.
14(e) Notwithstanding Section 10231.5 of the Government Code,
15prepare and submit to the Legislature no later than April 30 of
16each year an annual report in compliance with Section 9795 of
17the Government Code that shall include all of the
following:
18(1) A brief description of each project for which funding was
19awarded in the immediately prior calendar year, including the
20name of the recipient and the amount of the award, a description
21of how the project is thought to lead to technological advancement
22or breakthroughs to overcome barriers to achieving the state’s
23statutory energy goals, and a description of why the project was
24selected.
25(2) A brief description of each project funded by the EPIC
26program that was completed in the immediately prior calendar
27year, including the name of the recipient, the amount of the award,
28and the outcomes of the funded project.
29(3) A brief description of each project funded by the EPIC
30program for which an award was made in the previous years but
31that is not completed, including the name of the recipient and the
32amount
of the award, and a description of how the project will
33lead to technological advancement or breakthroughs to overcome
34barriers to achieving the state’s statutory energy goals.
35(4) Identification of the award recipients that are
36California-based entities, small businesses, or businesses owned
37by women, minorities, or disabled veterans.
38(5) Identification of which awards were made through a
39competitive bid, interagency agreement, or sole source method,
40and the action of the Joint Legislative Budget Committee pursuant
P42 1to paragraph (2) of subdivision (g) for each award made through
2an interagency agreement or sole source method.
3(6) Identification of the total amount of administrative and
4overhead costs incurred for each project.
5(f) Establish requirements
to minimize program administration
6and overhead costs, including costs incurred by program
7administrators and individual grant recipients. Each program
8administrator and grant recipient, including a public entity, shall
9be required to justify actual administration and overhead costs
10incurred, even if the total costs incurred do not exceed a cap on
11those costs that the commission may adopt.
12(g) (1) The commission shall use a sealed competitive bid as
13the preferred method to solicit project applications and award
14funds pursuant to the EPIC program.
15(2) (A) The commission may use a sole source or interagency
16agreement method if the project cannot be described with sufficient
17specificity so that bids can be evaluated against specifications and
18criteria set forth in a solicitation for bid and if both of the following
19conditions are met:
20(i) The commission, at least 60 days prior to making an award
21pursuant to this subdivision, notifies the Joint Legislative Budget
22Committee and the relevant policy committees in both houses of
23the Legislature, in writing, of its intent to take the proposed action.
24(ii) The Joint Legislative Budget Committee either approves or
25does not disapprove the proposed action within 60 days from the
26date of notification required by clause (i).
27(B) It is the intent of the Legislature to enact this paragraph to
28ensure legislative oversight for awards made on a sole source
29basis, or through an interagency agreement.
30(3) Notwithstanding any other law, standard terms and
31conditions that generally apply to contracts between the
32commission and any entities, including state
entities, do not
33automatically preclude the award of moneys from the fund through
34the sealed competitive bid method.
begin insertSection 25711.7 is added to the end insertbegin insertPublic Resources
36Codeend insertbegin insert, to read:end insert
(a) The Public Utilities Commission shall not require
38the collection of funds pursuant to its Decision 12-05-037 (May
3924, 2012), Phase 2 Decision Establishing Purposes and
40Governance for Electric Program Investment Charge and
P43 1Establishing Funding Collections for 2013-2020, as corrected by
2Decision 12-07-001 (July 3, 2012), Order Correcting Error, and
3as modified by Decision 13-04-030 (April 18, 2013), Order
4Modifying Decision (D.) 12-05-037, and Denying Rehearing of
5Decision, as Modified, in an annual amount greater than the
6amount specified in those decisions.
7(b) This section does not modify, alter, or, in any way, affect
8the operation of Section 25712.
begin insertSection 25751 of the end insertbegin insertPublic Resources Codeend insertbegin insert is
10amended to read:end insert
(a) The Renewable Resource Trust Fund is hereby
12created in the State Treasury.
13(b) The Emerging Renewable Resources Account is hereby
14established within the Renewable Resources Trust Fund.
15Notwithstanding Section 13340 of the Government Code, the
16moneys in the account are hereby continuously appropriated to
17the commission without regard to fiscal years for the following
18purposes:
19(1) To close out the award of incentives for emerging
20technologies in accordance with former Section 25744, as this law
21existed prior to the enactment of the Budget Act of 2012, for which
22applications had been approved before the enactment of the Budget
23Act of 2012.
24(2) To close out consumer education activities in accordance
25with former Section 25746, as this law existed prior to the
26enactment of the Budget Act of 2012.
27(3) To provide funding for the New Solar Homes Partnership
28pursuant to paragraph (3) of subdivision (e) of Section 2851 of
29the Public Utilities Code.
30(c) The Controller shall provide to the commission funds
31pursuant to the continuous appropriation in, and for purposes
32specified in, subdivision (b).
33(d) The Controller shall provide to the commission moneys
34from the fund sufficient to satisfy all contract and grant awards
35that were made by the commission pursuant to former Sections
3625744 and 25746,
and Chapter 8.8 (commencing with Section
3725780), as these laws existed prior to the enactment of the Budget
38Act of 2012.
begin insertSection 26052 of the end insertbegin insertPublic Resources Codeend insertbegin insert is
40amended to read:end insert
“Applicant” means, for the purposes of Article 2
2(commencing with Section 26060), a public agency as defined in
3paragraph (3) of subdivision (c) of Section 5898.20 of the Streets
4and Highways Codebegin insert, or an entity administering a PACE loan
5program on behalf of and with written consent of a public agency,end insert
6 and, for the purposes of Article 3 (commencing with Section
726070), a financial institution providing a loan pursuant to that
8chapter to finance the installation of distributed generation
9renewable energy sources, electric vehicle charging infrastructure,
10or energy or water efficiency improvements.
begin insertSection 26055 of the end insertbegin insertPublic Resources Codeend insertbegin insert is
12amended to read:end insert
“PACE program” means a program established by an
14applicant that is financed by the PACE bondbegin insert or a PACE loan
15program regardless of funding sourcesend insert.
begin insertSection 26060 of the end insertbegin insertPublic Resources Codeend insertbegin insert is
17amended to read:end insert
begin insert(a)end insertbegin insert end insertThe authority shall develop and administer a PACE
19Reserve program to reduce overall costs to the property owners
20of PACE bonds issued by an applicant by providing a reserve of
21no more than 10 percent of the initial principal amount of the PACE
22bond.
23(b) The authority shall develop and administer a PACE risk
24mitigation program for PACE loans to increase their acceptance
25in the marketplace and protect against the risk of default and
26foreclosure.
begin insertSection 26062 of the end insertbegin insertPublic Resources Codeend insertbegin insert is
28amended to read:end insert
An applicant shall submit to the authority an application
30providing a detailed description of the PACE program, a detailed
31description of the transactional activities associated with the PACE
32bond issuance, including all transactional costs,begin insert information
33regarding any credit enhancement or loan insurance associated
34with a PACE loan program,end insert and other information deemed
35necessary by the authority.
begin insertSection 26063 of the end insertbegin insertPublic Resources Codeend insertbegin insert is
37amended to read:end insert
(a) In evaluating eligibility, the authority shall consider
39whether the applicant’s PACE program includes the following
40conditions:
P45 1(1) Loan recipients are legal owners of underlying property.
2(2) Loan recipients are current on mortgage and property tax
3payments.
4(3) Loan recipients are not in default or in bankruptcy
5proceedings.
6(4) Loans are for less than 10 percent of the value of the
7property.
8(5) The property is within the geographical boundaries of the
9PACE program.
10(6) The program offers financing for energy efficiency
11improvements or electric vehicle charging infrastructure.
12(7) Improvements financed by the program follow applicable
13standards of energy efficiency retrofit work, including any
14guidelines adopted by the State Energy Resources Conservation
15and Development Commission.
16(b) In evaluating an application, the authority shall consider all
17of the following factors:
18(1) The use by the PACE program of best practices, adopted by
19the authority, to qualify eligible properties for participation in
20underwriting the PACE program.
21(2) The cost efficiency of the applicant’s PACE program,
22including bond issuancebegin insert,
credit enhancement, or loan insuranceend insert.
23(3) The projected number of jobs created by the PACE program.
24(4) The applicant’s PACE program requirements for quality
25assurance and consumer protection as related to achieving
26efficiency and clean energy production.
27(5) The mechanisms by which savings produced by this program
28are passed on to the property owners.
29(6) Any other factors deemed appropriate by the authority.
begin insertSection 35600 of the end insertbegin insertPublic Resources Codeend insertbegin insert is
31amended to read:end insert
(a) The Ocean Protection Council is established in
33state government. The council consists of the Secretary of the
34begin insert Naturalend insert Resources Agency, the Secretary for Environmental
35Protection, the Chair of the State Lands Commission, and two
36members of the public appointed by the Governor.
37(b) The two public members shall each serve a term of four
38years, and may each be reappointed to one additional term. The
39public members of the board shall be appointed on the basis of
40their educational and professional qualifications and their general
P46 1knowledge of, interest in, and experience in the protection and
2conservation of coastal
waters and ocean ecosystems. One of the
3public members shall have a scientific professional background
4and experience in coastal and ocean ecosystems.
5(c) Except as provided in this section, members of the council
6shall serve without compensation. A member shall be reimbursed
7for actual and necessary expenses incurred in the performance of
8his or her duties, and in addition shall be compensated at one
9hundred dollars ($100) for each day during which the member is
10engaged in the performance of official duties of the council.
11Payment for actual and necessary expenses shall be paid only to
12the extent that those expenses are not provided or payable by
13another public agency. The total number of days for which a
14member shall be compensated may not exceed 25 days in any one
15fiscal year.
begin insertSection 35605 of the end insertbegin insertPublic Resources Codeend insertbegin insert is
17amended to read:end insert
begin deleteAt end deletebegin insertThe Secretary of end insertthebegin delete council’s first meeting in a begin insert Natural Resources Agency shall serve asend insert the
19calendar year,end deletebegin delete councilend delete
20begin insert chairperson of the council, and the Secretary for Environmental
21Protectionend insert shallbegin delete elect a chair from among its voting members.end delete
22begin insert serve as the vice chairperson of the council. The Assistant
23Secretary for Coastal Matters at the Natural Resources Agency
24shall be designated as the Deputy Secretary of the Natural
25Resources Agency for Ocean and Coastal Policy, and the deputy
26secretary shall also serve as the executive director for the council.end insert
begin insertSection 35625 of the end insertbegin insertPublic Resources Codeend insertbegin insert is
28amended to read:end insert
(a) Under the direction of the Secretary of thebegin insert Naturalend insert
30 Resources Agency, thebegin delete executive officer of the State Coastal begin insert councilend insert shall
31Conservancyend deletebegin delete act as secretary to the council,end delete
32 administer its affairs, and provide the staff services that the council
33needs to carry out this division, including, but not limited to, both
34of the following:
35(1) Administering grants and expenditures authorized by the
36council from the fund or other sources, including, but not limited
37to, block grants from other state boards, commissions, or
38departments.
39(2) Arranging meetings, agendas, and other administrative
40functions in support of the council.
P47 1(b) The Legislature may make appropriations to be used for the
2purposes of this division directly to thebegin delete State Coastal Conservancy,end delete
3begin insert Secretary of the Natural Resources Agency,end insert for expenditures
4authorized by the council. If an expenditure has been approved by
5the council for the purposes of this division, approval of thebegin delete State begin insert secretaryend insert is not required, except in the case
6Coastal Conservancyend delete
7of block grants provided by the council to be administered by the
8begin delete State Coastal Conservancy.end deletebegin insert secretary.end insert
9(c) Any bond funds received by the State Coastal Conservancy,
10on or before July 1, 2013, which authorized the use of funds for
11council programs, shall be transferred to the Natural Resources
12Agency for use for those programs.
13(d) (1) The Legislature finds and declares that, on the effective
14date of the act adding this subdivision during the 2013-14 Regular
15Session, various contracts and grants will be pending or remain
16subject to management and control by the State Coastal
17
Conservancy on behalf of the council. On and after that date, the
18Secretary of the Natural Resources Agency is hereby designated
19as the legal successor to the State Coastal Conservancy, and the
20Secretary of the Natural Resources Agency shall assume
21management and control of those contracts and grants and shall
22have all of the same powers and duties as the State Coastal
23Conservancy.
24(2) In addition to the powers and duties described in paragraph
25(1), on and after the effective date of the act adding this subdivision
26during the 2013-14 Regular Session, the Secretary of the Natural
27Resources Agency shall have the following powers and duties on
28behalf of the council:
29(A) The management of all contracts and grants, including the
30completion, modification, and cancellation of those contracts and
31grants in accordance with existing law.
32(B) The negotiation and settlement of claims relating to
33contracts and grants.
34(C) Responsibility for the completion, maintenance, and disposal
35of any records relating to the transfer of responsibilities from the
36State Coastal Conservancy to the Natural Resources Agency.
begin insertSection 42977 of the end insertbegin insertPublic Resources Codeend insertbegin insert is
38amended to read:end insert
(a) The carpet stewardship organization submitting a
40carpet stewardship plan shall pay the departmentbegin delete an annualend deletebegin insert a
P48 1quarterlyend insert administrative fee. The department shall set the fee at
2an amount that, when paid by every carpet stewardship organization
3that submits a carpet stewardship plan, is adequate to cover the
4department’s full costs of administering and enforcing this chapter,
5including any program development costs or regulatory costs
6incurred by the department prior to carpet stewardship plans being
7submitted. The department may establish a variable fee based on
8relevant factors, including, but not limited to, the portion of carpets
9sold in the state by members of the organization compared to the
10total amount of carpet sold in the state by all organizations
11submitting a carpet stewardship plan.
12(b) The total amount ofbegin delete annualend delete fees collectedbegin insert annuallyend insert pursuant
13to this section shall not exceed the amount necessary to recover
14costs incurred by the department in connection with the
15administration and enforcement of the requirements of this chapter.
16(c) The department shall identify the direct development or
17regulatory costs it incurs pursuant to this chapter prior to the
18submittal of a carpet stewardship plan and shall establish a fee in
19an amount adequate to cover those costs, which shall be paid by
20a carpet stewardship organization that submits a carpet stewardship
21plan. The fee established pursuant to this subdivision shall be paid
22begin delete in three equal paymentsend delete pursuant to the schedule specified in
23subdivision (d).
24(d) A carpet stewardship organization subject to this section
25shall paybegin insert a quarterly fee toend insert the departmentbegin insert to coverend insert the
26administrativebegin delete feeend deletebegin insert and enforcement costs of the requirements of
27this chapterend insert pursuant to subdivision (a) on or before July 1, 2012,
28andbegin delete annuallyend deletebegin insert every three monthsend insert thereafter and the applicable
29portion of the fee pursuant to subdivision (c) on July 1, 2012, and
30begin delete annuallyend deletebegin insert every three monthsend insert thereafter through July 1, 2014. Each
31year after the initial payment, thebegin delete annualend deletebegin insert total amount of theend insert
32 administrativebegin delete feeend deletebegin insert fees paid for a calendar yearend insert may not exceed
335 percent of the aggregatebegin delete assessmentend deletebegin insert assessmentsend insert collected for
34the preceding calendar year.
35(e) The department shall deposit the fees collected pursuant to
36this section into the Carpet Stewardship Account created pursuant
37to Section 42977.1.
begin insertSection 48704 of the end insertbegin insertPublic Resources Codeend insertbegin insert is
39amended to read:end insert
(a) The department shall review the plan within 90
2days of receipt, and make a determination whether or not to
3approve the plan. The department shall approve the plan if it
4provides for the establishment of a paint stewardship program that
5meets the requirements of Section 48703.
6(b) (1) The approved plan shall be a public record, except that
7financial, production, or sales data reported to the department by
8a manufacturer or the stewardship organization is not a public
9record under the California Public Records Act, as described in
10Chapter 3.5 (commencing with Section 6250) of Division 7 of
11Title 1 of the Government Code and shall not be open to public
12inspection.
13(2) Notwithstanding paragraph (1), the department may release
14a summary form of financial, production, or sales data if it does
15not disclose financial, production, or sales data of a manufacturer
16or stewardship organization.
17(c) On or before July 1, 2012, or three months after a plan is
18approved pursuant to subdivision (a), whichever date is later, the
19manufacturer or stewardship organization shall implement the
20architectural paint stewardship program described in the approved
21plan.
22(d) The department shall enforce this chapter.
23(e) (1)begin insert end insert The stewardship organization shall pay the department
24begin delete an annualend deletebegin insert a quarterlyend insert administrative fee pursuant to paragraph (2).
25(2) The department shall impose fees in an amount that is
26sufficient to cover thebegin delete department’send delete fullbegin insert administrative and
27enforcementend insert costs ofbegin delete administering and enforcingend deletebegin insert the requirements
28ofend insert this chapter, including any program development costs or
29regulatory costs incurred by the department prior to the submittal
30of the stewardship plans.begin insert The stewardship organization shall pay
31the fee on or before the last day of the month following the end of
32each quarter.end insert Fee revenues collected under this section shall only
33be used to administer and enforce this chapter.
34(f) (1) A civil penalty may be administratively imposed by the
35department on any person who violates this chapter in an amount
36of up to one thousand dollars ($1,000) per violation per day.
37(2) A person who intentionally, knowingly, or negligently
38violates this chapter may be assessed a civil penalty by the
39department of up to ten thousand dollars ($10,000) per violation
40per day.
The Legislature hereby finds and declares all of the
2following:
3(a) Environmental literacy enhances a citizen’s ability to make
4informed decisions with an understanding that humans depend on
5natural systems and human actions influence natural systems in
6both beneficial and detrimental ways.
7(b) Environmentally literate citizens are better able to make
8wise individual and collective decisions to conserve natural
9resources and protect environmental and human health.
10(c) An environmentally literate citizenry is essential to
11confronting and overcoming the environmental challenges of the
1221st century.
13(d) An environmentally literate citizenry, consisting of
14technological innovators, entrepreneurs, scientists, and engineers,
15as well as environmentally conscientious consumers, supports a
16vibrant state economy and drives California’s role as a leader in
17the emerging global green marketplace.
18(e) A model environmental curriculum, also known as the
19Education and the Environment Curriculum (curriculum) was
20developed by the California Environmental Protection Agency, in
21cooperation with the State Department of Education and the
22Natural Resources Agency, to increase environmental literacy
23among students in kindergarten and grades 1 to 12, inclusive.
24(f) The curriculum is the first environment-based curriculum of
25its kind in the nation to receive State Board of Education approval.
26(g) There are many benefits of enhanced environmental literacy,
27and the curriculum materials, along with training and support,
28should be made readily available to any educator in California
29who wishes to teach the curriculum.
30(h) To achieve this goal, the Department of Resources Recycling
31and Recovery should collaborate across agencies and disciplines,
32including, but not limited to, the California Environmental
33Protection Agency, the State Department of Education, and the
34Natural Resources Agency.
35(i) The state should seek to develop strong partnerships with
36the private sector, including nonprofit organizations, associations,
37
businesses, and private entities, in order to support use of the
38curriculum and increase environmental literacy.
begin insertSection 71300 of the end insertbegin insertPublic Resources Codeend insertbegin insert is
40amended to read:end insert
(a) For purposes of this part, the following definitions
2shall apply:
3(1) “Department” means the Department of Resources
4Recycling and Recovery.
5(a) For purposes of this part “office”
end delete
6begin insert(2)end insertbegin insert end insertbegin insert“Office”end insert means the Office of Education and the Environment
7of the Department of Resources Recycling and Recovery, as
8established pursuant to this section.
9(3) “Program” means the statewide environmental education
10program prescribed in this part.
11(b) begin delete(1)end deletebegin delete end deleteThe Office of Education and the Environment previously
12established in the California Environmental Protection Agency is
13hereby established in the Department of Resources Recycling and
14Recovery. The office shall dedicate its effort to implementing the
15statewide environmentalbegin delete educationalend deletebegin insert educationend insert program prescribed
16pursuant to this partbegin insert, including the integrated waste educational
17requirements specified in paragraph (9) of subdivision (b) of
18Section 71301end insert. The office, through staffing and resources, shall
19give a high priority to implementing the statewide environmental
20education program.
21(2) Any reference to the California Environmental Protection
22Agency in regard to this program shall be deemed a reference to
23the Department of Resource Recycling and Recovery.
24(c) The office, under the direction of thebegin delete Department of begin insert department,end insert in cooperation
25Resources Recycling and Recovery,end delete
26with the State Department of Education and the State Board of
27Education, shall develop and implement a unified education
28strategy on the environment for elementary and secondary schools
29in the state. The office shall develop a unified education strategy
30to do all of the following:
31(1) Coordinate instructional resources and strategies for
32providing active pupil participation with onsite conservation efforts.
33(2) Promote service-learning opportunities between schools and
34local communities.
35(3) Assess the impact to participating pupils of the unified
36education strategy on pupil
achievement and resource conservation.
37(d) The State Department of Education and the State Board of
38Educationbegin insert, in cooperation with the department,end insert shall develop and
39implement to the extent feasible, a teacher training and
40implementation plan, to guide the implementation of the unified
P52 1education strategy, for the education of pupils, faculty, and
2administrators on the importance of integrating environmental
3concepts and programs in schools throughout the state. The strategy
4shall project the phased implementation of elementary, middle,
5and high school programs.
6(e) In implementing this part, the office may hold public
7meetings to receive and respond to comments from affected state
8agencies, stakeholders, and the public regarding the development
9of resources and materials
pursuant to this part.
10(f) In implementing this part, the office shall coordinate with
11other agencies and groups with expertise in education and the
12begin delete environment, including, but not limited to, the California begin insert environment.end insert
13Environmental Education Interagency Network.end delete
14(g) Any instructional materials developed pursuant to this part
15shall be subject to the requirements of Chapter 1 (commencing
16with Section 60000) of Part 33 of Division 4 of Title 2 of the
17Education Code, including, but not limited to, reviews for legal
18and social compliance before the materials may be used in
19elementary or secondary public schools.
begin insertSection 71301 of the end insertbegin insertPublic Resources Codeend insertbegin insert is
21amended to read:end insert
(a) As part of the unified educationbegin delete strategy,end deletebegin insert strategy
23specified in subdivision (c) of Section 71300,end insert the office,begin delete under the begin insert in cooperation with theend insert Secretary for
24direction of theend delete
25Environmental Protection,begin delete in cooperation withend delete the Natural
26Resources Agency, the State Department ofbegin delete Educationend deletebegin insert Education,end insert
27 and the State Board of Education, shall develop education
28principles for the environment for elementary and secondary school
29pupils. The principles may be updated every four years beginning
30July 1, 2008. The principles shall be aligned to the academic
31content standards adopted by the State Board of Education pursuant
32to Section 60605 of the Education Code. The principles shall be
33used to do all of the following:
34(1) To direct state agencies that include environmental education
35components for elementary and secondary education in regulatory
36decisions or enforcement actions.
37(2) To align state agency environmental education programs
38and materials that are developed for elementary and secondary
39
education.
P53 1(b) The education principles for the environment shall include,
2but not be limited to, concepts relating to the following topics:
3(1) Environmental sustainability.
4(2) Water.
5(3) Air.
6(4) Energy.
7(5) Forestry.
8(6) Fish and wildlife resources.
9(7) Oceans.
10(8) Toxics and hazardous waste.
11(9) Integrated waste management.
12(10) Integrated pest management.
13(11) Public health and the environment.
14(12) Pollution prevention.
15(13) Resource conservation and recycling.
16(14) Environmental justice.
17(c) The principles shall be aligned to the applicable academic
18content standards adopted by the State Board of Education and
19shall not duplicate or conflict with any academic content standards.
20(d) (1) The education principles for the environment shall be
21incorporated, as the State Board of Education determines to be
22appropriate, in criteria developed for textbook adoption
required
23pursuant to Section 60200 or 60400 of the Education Code in
24science, mathematics, English/language arts, and history/social
25sciences.
26(2) If the State Board of Education determines that the education
27principles for the environment are not appropriate for inclusion in
28the textbook adoption criteria cited in paragraph (1), the State
29Board of Education shall collaborate with the office to make the
30changes necessary to ensure that the principles are included in the
31textbook adoption criteria in science, mathematics,
32English/language arts, and history/social sciences.
33(e) If the content standards required pursuant to Section 60605
34of the Education Code are revised, the education principles for the
35environment shall be appropriately considered for inclusion into
36part of the revised academic content standards.
begin insertSection 71302 of the end insertbegin insertPublic Resources Codeend insertbegin insert is
38amended to read:end insert
(a) Using the education principles for the environment
40requiredbegin delete inend deletebegin insert to be developed pursuant toend insert Section 71301, the office,
P54 1begin delete under the direction of theend deletebegin insert in cooperation with theend insert Secretary for
2Environmental Protection,begin delete shall develop, in cooperation withend delete the
3Natural Resources Agency, the State Department of Education,
4and the State Board of Education,begin insert shall developend insert a model
5environmental curriculum that incorporates these education
6principles for the environment. The model curriculum shall be
7aligned with applicable State Board of Education adopted academic
8content standards in Science, Mathematics, English/Language
9Arts, and History/Social Sciences, to the extent that any of those
10content areas are addressed in the model curriculum.
11(b) The model curriculum shall be submitted to thebegin delete Curriculum begin insert Instructional Qualityend insert
12Development and Supplemental Materialsend delete
13 Commission for review. The commission shall submit its
14recommendation to the Secretary for Environmental Protection
15and to the Secretary of the Natural Resourcesbegin delete Agency by July 1, begin insert Agency.end insert
162005.end delete
17(1) The Secretary for Environmental Protection and the Secretary
18of the Natural Resources Agency shall review and comment on
19the modelbegin delete curriculum by January 1, 2006.end deletebegin insert curriculum.end insert
20(2) The model curriculum along with the comments by the
21Secretary for Environmental Protection and the Secretary of the
22Natural Resources Agency shall be submitted to the State Board
23of Education for its approval.
begin insertSection 71303 of the end insertbegin insertPublic Resources Codeend insertbegin insert is
25amended to read:end insert
(a) As determined appropriate by the Superintendent
27of Public Instruction, the State Department of Education shall
28incorporate into publications that provide examples of curriculum
29resources for teacher use, those materials developed by the office
30that provide information on the education principles for the
31environmentbegin delete required inend deletebegin insert developed pursuant toend insert Section 71300.
32(b) If the Superintendent of Public Instruction determines that
33materials developed by the office that provide information on the
34education principles for the environment are not appropriate for
35inclusion in publications that provide examples of curriculum
36resources for teacher use, the Superintendent of Public Instruction
37shall collaborate with the office to make the changes necessary to
38ensure that the materials are included in that information.
39(c) begin deleteThe model environmental curriculum approved by end deletebegin insertPursuant
40to
Section 71302, the department shall coordinate with the
P55 1Secretary for Environmental Protection, the Superintendent of
2Public Instruction, end insertthe Statebegin delete Boardend deletebegin insert Departmentend insert of Education,
3begin delete pursuantend deletebegin insert and the Secretary of the Natural Resources Agencyend insert to
4begin delete Section 71302 shall be made available byend deletebegin insert facilitate use ofend insert thebegin delete office begin insert model environmental curriculum byend insert elementary and secondary
5toend delete
6schools to the extent that funds are available for this purpose.begin delete The
7State Department of Education shall make the model curriculum
8available electronically including posting the model curriculum
9on its Internet Web site.end delete
10(d) The department, the Secretary for Environmental Protection,
11the Superintendent of Public Instruction, the State Department of
12Education, and the Secretary of the Natural Resources Agency
13may collaborate with other federal, state, and local entities, and
14nongovernmental entities including nonprofit organizations,
15associations, businesses, individuals, and private entities, and may
16enter into interagency agreements, memoranda of understanding,
17and contracts to ensure implementation of this part.
18(e) The department shall make the model curriculum available
19electronically on the department’s Internet Web site. The State
20Department of Education shall make readily identifiable on its
21Internet Web site a link to the department’s Internet Web site
22containing the curriculum.
23(d)
end delete
24begin insert(f)end insert The State Department of Education, to the extent feasible
25and to the extent that funds are available for this purpose, shall
26encourage the development and use of instructional materials and
27active pupil participation in campus and community environmental
28education programs. To the extent feasible, the environmental
29education programs should be considered in the development and
30promotion of after school programs for elementary and secondary
31school pupils and state and local professional development
32activities to provide teachers with content background and
33resources to assist in teaching about the environment.
34(e) (1) The California Environmental Protection Agency shall
35assume costs associated with the printing of the approved model
36curriculum as set forth in subdivision (c). The California
37Environmental Protection Agency shall use, for these purposes,
38funds that are available for its administrative costs.
39(2) From funds available for its administrative costs, the State
40Department of Education shall post and maintain the model
P56 1curriculum on its Internet Web site and pay any costs associated
2with any related online questionnaire on its Internet Web site as
3set forth in subdivision (c).
4(3)
end delete
5begin insert(g)end insert The State Department of Education shall explore
6implementation of this section from its baseline resources dedicated
7to this purpose and if funding is not available from that source,
8then funding may be provided to the department, pursuant to
9appropriation by the Legislature, under Section 71305.
begin insertSection 71304 of the end insertbegin insertPublic Resources Codeend insertbegin insert is
11amended to read:end insert
(a) The office,begin delete under the direction of theend deletebegin insert in
13coordination with theend insert Secretary for Environmental Protection,
14shall be responsible for the statewide coordination of regulatory
15administrative decisions that require the development or encourage
16the promotion of environmental education for elementary and
17secondary school pupils.
18(b) All California Environmental Protection Agency or Natural
19Resources Agency boards, departments, or offices that take
20regulatory actions or take enforcement actions requiring the
21development of, or encouraging the promotion of, environmental
22education for elementary and secondary school pupils shall, prior
23to adoption or approval of the action, seek comments on the action
24from the office in order to promote consistency with this part and
25cross-media coordination.
26(c) The office shall coordinate with all state agencies to develop
27and distribute environmental education materials.
begin insertSection 71305 of the end insertbegin insertPublic Resources Codeend insertbegin insert, as added
29by Section 23 of Chapter 718 of the Statutes of 2010, is amended
30to read:end insert
(a) The Environmental Education Account is hereby
32established within the State Treasury. Moneys in the account may,
33upon appropriation by the Legislature, be expended by the
34begin delete California Environmental Protection Agencyend deletebegin insert departmentend insert for the
35purposes of this part. Thebegin delete Secretary for Environmental Protectionend delete
36begin insert Director of Resources Recycling and Recoveryend insert shall administer
37this part, including, but not limited to, the account.
38(b) Notwithstanding any other law to the contrary, thebegin delete agencyend delete
39begin insert departmentend insert may accept and receive federal, state, and local funds
40and contributions of funds from a public or private organization
P57 1or individual. The account may also receive proceeds from a
2judgmentbegin insert, settlement, fine, penalty, or other mechanism,end insert in state
3or federal court, when the funds are contributed or the judgment
4specifies that the proceeds are to be used for the purposes of this
5part. The account may receive those funds, contributions, or
6proceeds from judgments, that are specifically designated for use
7for environmental education purposes. Private contributors shall
8not have the authority to further influence or direct the use of their
9contributions.
10(c) Notwithstanding any other law, a state agency that requires
11the development of, or encourages the promotion of, environmental
12education for elementary and secondary school pupils, may
13contribute to the account.
14(d) Thebegin delete agencyend deletebegin insert departmentend insert shall immediately deposit any funds
15contributed pursuant to subdivision (b) into the account.
16(e) The Legislature finds and declares that the maintenance of
17the account is of the utmost importance to the state and that it is
18essential that any moneys in the account be used solely for the
19purposes authorized in this section and not be used, loaned, or
20transferred for any other purposes. Further, state agencies that
21promote environmental education for elementary and secondary
22school pupils will benefit from the environmental curriculum
23adopted pursuant to this part and should provide equitable and
24balanced support for the program.
25(f) This section shall become operative on January 1, 2013.
end delete
begin insertSection 309.5 of the end insertbegin insertPublic Utilities Codeend insertbegin insert is amended
27to read:end insert
(a) There is within the commissionbegin delete a Divisionend deletebegin insert an
29independent Officeend insert of Ratepayer Advocates to represent and
30advocate on behalf of the interests of public utility customers and
31subscribers within the jurisdiction of the commission. The goal of
32thebegin delete divisionend deletebegin insert officeend insert shall be to obtain the lowest possible rate for
33service consistent with reliable and safe service levels. For revenue
34allocation and rate design matters, thebegin delete divisionend deletebegin insert officeend insert shall primarily
35consider the interests of residential and small commercial
36customers.
37(b) The director of thebegin delete divisionend deletebegin insert officeend insert shall be appointed by, and
38serve at the pleasure of, the Governor, subject to confirmation by
39the Senate.
P58 1The director shall annually appear before the appropriate policy
2committees of the Assembly and the Senate to report on the
3activities of thebegin delete division.end deletebegin insert office.end insert
4(c) The director shall develop a budget for thebegin delete division whichend delete
5begin insert office thatend insert shall be subject to final approval of thebegin delete commission. In begin insert Department of Finance. As authorized inend insert the
6accordance withend delete
7approved budget, thebegin delete commission shall, by rule or order, provide begin insert office shallend insert employ
8for the assignment of personnel to, and the functioning of, the
9division. The division mayend deletebegin delete experts necessary begin insert personnelend insert and resources,
10to carry out its functions. Personnelend delete
11including attorneys and other legalbegin delete support, shall be provided by begin insert support staff,end insert at a level sufficient
12the commission to the divisionend delete
13to ensure that customer and subscriber interests are effectively
14represented in all significant proceedings. Thebegin insert office may employ
15experts necessary to carry out its functions. Theend insert director may
16appoint a lead attorney who shall represent thebegin delete division,end deletebegin insert office,end insert
17 and shall report to and serve at the pleasure of the director.begin delete All begin insert The lead attorney for the office shall obtain
18attorneys assignedend delete
19adequate legal personnel for the work to be conductedend insert by the
20begin delete commissionend deletebegin insert office from the commission’s attorney appointed
21pursuantend insert tobegin delete perform services for the divisionend deletebegin insert Section 307. The
22commission’s attorneyend insert shallbegin delete report toend deletebegin insert timelyend insert andbegin delete be directedend delete
23begin insert appropriately fulfill all requests for legal personnel madeend insert by the
24lead attorneybegin delete appointed byend deletebegin insert forend insert thebegin delete director.end deletebegin insert office, provided the
25office has sufficient moneys and positions in its budget for the
26services requested.end insert
27(d) The commission shall develop appropriate procedures to
28ensure that the existence of thebegin delete divisionend deletebegin insert officeend insert does not create a
29conflict of roles for any employee. The procedures shall include,
30but shall not be limited to, the development of a code of conduct
31and procedures for ensuring that advocates and their representatives
32on a particular case or proceeding are not advising decisionmakers
33on the same case or proceeding.
34(e) Thebegin delete divisionend deletebegin insert officeend insert may compel the production or disclosure
35of any information it deems necessary to perform its duties from
36any entity regulated by the commission, provided that any
37objections to any request for information shall be decided in writing
38by the assigned commissioner or by the president of the
39commission, if there is no assigned commissioner.
P59 1(f) There is hereby created the Public Utilities Commission
2Ratepayer Advocate Account in the General Fund. Moneys from
3the Public Utilities Commission Utilities Reimbursement Account
4in the General Fund shall be transferred in the annual Budget Act
5to the Public Utilities Commission Ratepayer Advocate Account.
6The funds in the Public Utilities Commission Ratepayer Advocate
7Account shall bebegin insert
a budgetary program fund administered andend insert
8 utilized exclusively by thebegin delete divisionend deletebegin insert officeend insert in the performance of
9its duties as determined by the director. The director shall annually
10submit a staffing report containing a comparison of the staffing
11levels for each five-year period.
12(g) On or before January 10 of each year, thebegin delete commissionend deletebegin insert officeend insert
13 shall provide to the chairperson of the fiscal committee of each
14house of the Legislature and to the Joint Legislative Budget
15Committee all of the following information:
16(1) The number of personnel yearsbegin delete assigned toend deletebegin insert utilized duringend insert
17 thebegin delete Divisionend deletebegin insert prior year by the Officeend insert of Ratepayer Advocates.
18(2) The total dollars expended by thebegin delete Divisionend deletebegin insert Officeend insert of
19Ratepayer Advocates in the prior year, the estimated total dollars
20expended in the current year, and the total dollars proposed for
21appropriation in the following budget year.
22(3) Workload standards and measures for thebegin delete Divisionend deletebegin insert Officeend insert
23 of Ratepayer Advocates.
24(h) Thebegin delete divisionend deletebegin insert officeend insert shall meet and confer in an informal
25setting with a regulated entity prior to issuing a report or pleading
26to the commission regarding alleged misconduct, or a violation of
27a law or a commission rule or order, raised by thebegin delete divisionend deletebegin insert officeend insert
28 in a complaint. The meet and confer process shall be utilized in
29good faith to reach agreement on issues raised by thebegin delete divisionend delete
30begin insert officeend insert regarding any regulated entity in the complaint proceeding.
begin insertSection 318 is added to the end insertbegin insertPublic Utilities Codeend insertbegin insert, to
32read:end insert
The commission shall conduct a zero-based budget for
34all of its programs by January 10, 2015. The zero-based budget
35shall be completed for the entire commission, rather than on a
36division-by-division basis.
(a) The Legislature finds and declares that the
38purpose of adding Section 740.5 to the Public Utilities Code is to
39limit the implementation of the Public Utilities Commission
40Decision 12-12-031 (December 20, 2012), Decision Granting
P60 1Authority to Enter Into a Research and Development Agreement
2with Lawrence Livermore National Laboratory for 21st Century
3Energy Systems and for costs up to $152.19 million so that:
4(1) No research and development projects other than for the
5purposes of cyber security and grid integration shall be
funded by
6ratepayers as a result of Decision 12-12-031.
7(2) Total funding for research and development projects for the
8purposes of cyber security and grid integration shall not exceed
9$35 million over the five-year research period.
10(3) Those program management expenditures proposed,
11commencing with page seven, in the joint advice letter filed by the
12state’s three largest electrical corporations, Advice 3379-G/4215-E
13(Pacific Gas and Electric Company), Advice 2887-E (Southern
14California Edison Company), and Advice 2473-E (San Diego Gas
15and Electric Company), dated April 19, 2013, be voided.
16(4) Project managers be limited to three representatives, one
17representative each from Pacific Gas and Electric Company,
18Southern California Edison Company, and San Diego Gas and
19Electric Company.
20(5) The Lawrence Livermore National Laboratory, Pacific Gas
21and Electric Company, Southern California Edison Company, and
22San Diego Gas and Electric Company ensure that research
23parameters reflect a new contribution to cyber security and that
24there not be a duplication of research being done by other private
25and governmental entities.
26(b) Nothing in this act authorizes the Public Utilities
27Commission’s adoption of Decision 12-12-031.
begin insertSection 740.5 is added to the end insertbegin insertPublic Utilities Codeend insertbegin insert,
29to read:end insert
(a) For purposes of this section, “21st Century Energy
31System Decision” means commission Decision 12-12-031
32(December 20, 2012), Decision Granting Authority to Enter Into
33a Research and Development Agreement with Lawrence Livermore
34National Laboratory for 21st Century Energy Systems and for
35costs up to $152.19 million, or any subsequent decision in
36Application 11-07-008 (July 18, 2011), Application of Pacific Gas
37and Electric Company (U39M), San Diego Gas and Electric
38Company (U902E), and Southern California Edison Company
39(U338E) for Authority to Increase Electric Rates and Charges to
40Recover Costs of Research and Development Agreement with
P61 1Lawrence Livermore National Laboratory for 21st Century Energy
2Systems.
3(b) In implementing the 21st
Century Energy System Decision,
4the commission shall not authorize recovery from ratepayers of
5any expense for research and development projects that are not
6for purposes of cyber security and grid integration. Total funding
7for research and development projects for the purposes of cyber
8security and grid integration pursuant to the 21st Century Energy
9System Decision shall not exceed thirty-five million dollars
10($35,000,000). All cyber security and grid integration research
11and development projects shall be concluded by the fifth
12anniversary of their start date.
13(c) The commission shall not approve for recovery from
14ratepayers, those program management expenditures proposed,
15commencing with page seven, in the joint advice letter filed by the
16state’s three largest electrical corporations, Advice 3379-G/4215-E
17(Pacific Gas and Electric Company), Advice 2887-E (Southern
18California Edison Company), and Advice 2473-E (San Diego Gas
19and Electric
Company), dated April 19, 2013. Project managers
20for the 21st Century Energy System Decision shall be limited to
21three representatives, one representative each from Pacific Gas
22and Electric Company, Southern California Edison Company, and
23San Diego Gas and Electric Company.
24(d) The commission shall require the Lawrence Livermore
25National Laboratory, as a condition for entering into any contract
26pursuant to the 21st Century Energy System Decision, and Pacific
27Gas and Electric Company, Southern California Edison Company,
28and San Diego Gas and Electric Company to ensure that research
29parameters reflect a new contribution to cyber security and that
30there not be a duplication of research being done by other private
31and governmental entities.
32(e) (1) The commission shall require each participating
33electrical corporation to prepare and submit to the commission
34by
December 1, 2013, a joint report on the scope of all proposed
35research projects, how the proposed project may lead to
36technological advancement and potential breakthroughs in cyber
37security and grid integration, and the expected timelines for
38concluding the projects. The commission shall, within 30 days of
39receiving the joint report, determine whether the report is sufficient
40or requires revision, and upon determining that the report is
P62 1sufficient submit the report to the Legislature in compliance with
2Section 9795 of the Government Code.
3(2) The commission shall require each participating electrical
4corporation to prepare and submit to the commission by 60 days
5following the conclusion of all research and development projects,
6a joint report summarizing the outcome of all funded projects,
7including an accounting of expenditures by the project managers
8and grant recipients on administrative and overhead costs and
9whether the project resulted in
any technological advancements
10or breakthroughs in promoting cyber security and grid integration.
11The commission shall, within 30 days of receiving the joint report,
12determine whether the report is sufficient or requires revision, and
13upon determining that the report is sufficient, submit the report to
14the Legislature in compliance with Section 9795 of the Government
15Code.
16(3) This subdivision shall become inoperable January 1, 2023,
17pursuant to Section 10231.5 of the Government Code.
begin insertSection 854.5 is added to the end insertbegin insertPublic Utilities Codeend insertbegin insert,
19to read:end insert
(a) For purposes of this section, a “nonstate entity”
21means a company, corporation, partnership, firm, or other entity
22or group of entities, whether organized for profit or not for profit.
23(b) The commission, by order, decision, motion, settlement, or
24other action, shall not establish a nonstate entity with any moneys
25other than those moneys that would otherwise belong to the public
26utility’s shareholders. A nonstate entity to be created with moneys
27from a public utility’s shareholders shall be subject to a 30-day
28review by the Joint Legislative Budget Committee prior to creation.
29This subdivision does not limit the authority of the commission to
30form an advisory committee or other body whose budget is subject
31to oversight by the commission
and the Department of Finance.
32(c) The commission shall not enter into a contract with a
33nonstate entity in which a person serves as an owner, director, or
34officer while serving as a commissioner. Any contract between the
35commission and a nonstate entity shall be void and cease to exist
36by operation of law, if a commissioner, who was a commissioner
37at the time the contract was awarded, entered into, or extended,
38becomes, on or after January 1, 2014, an owner, director, or officer
39of the nonstate entity while serving as a commissioner.
P63 1(d) A commissioner who acts as an owner, director, or officer
2of a nonstate entity that was established prior to January 1, 2014,
3as a result of an order, decision, motion, settlement, or other action
4by the commission in which the commissioner participated, neglects
5his or her duty pursuant to Section 1 of Article XII of the California
6Constitution,
for which the commissioner may be removed pursuant
7to that section.
begin insertSection 2120 is added to the end insertbegin insertPublic Utilities Codeend insertbegin insert,
9to read:end insert
(a) The commission shall not distribute, expend, or
11encumber any moneys received by the commission as a result of
12any commission proceeding or judicial action, including the
13compromise or settlement of a claim, until both of the following
14are true:
15(1) The commission has provided the Director of Finance with
16written notification of the receipt of the moneys and the basis for
17those moneys being received by the commission.
18(2) The Director of Finance provides not less than 60 days’
19written notice to the Chairperson of the Joint Legislative Budget
20Committee and the chairs of the appropriate budget subcommittees
21of the Assembly and Senate of the receipt of the moneys and the
22basis
for those moneys being received by the commission.
23(b) This section does not apply to application or licensing fees
24charged by the commission to defray regulatory expenses.
25(c) This section does not apply to moneys received by the
26commission in a court-approved settlement or as a result of a court
27judgment where the court orders that the moneys be used for
28specified purposes.
29(d) This section does not apply to moneys received by the
30commission where statutes expressly provide how the moneys are
31to be paid or used, including all of the following:
32(1) Payment to any fund created by Chapter 1.5 (commencing
33with Section 270).
34(2) Payment to any account or fund pursuant to Chapter 2.5
35
(commencing with Section 401).
36(3) Payment to the Ratepayer Relief Fund pursuant to Article
379.5 (commencing with Section 16428.1) of Chapter 2 of Part 2 of
38Division 4 of Title 2 of the Government Code.
begin insertSection 2851 of the end insertbegin insertPublic Utilities Codeend insertbegin insert is amended
40to read:end insert
(a) In implementing the California Solar Initiative, the
2commission shall do all of the following:
3(1) The commission shall authorize the award of monetary
4incentives for up to the first megawatt of alternating current
5generated by solar energy systems that meet the eligibility criteria
6established by the State Energy Resources Conservation and
7Development Commission pursuant to Chapter 8.8 (commencing
8with Section 25780) of Division 15 of the Public Resources Code.
9The commission shall determine the eligibility of a solar energy
10system, as defined in Section 25781 of the Public Resources Code,
11to receive monetary incentives until the time the State Energy
12Resources Conservation and Development Commission establishes
13eligibility criteria pursuant to Section
25782. Monetary incentives
14shall not be awarded for solar energy systems that do not meet the
15eligibility criteria. The incentive level authorized by the
16commission shall decline each year following implementation of
17the California Solar Initiative, at a rate of no less than an average
18of 7 percent per year, and shall be zero as of December 31, 2016.
19The commission shall adopt and publish a schedule of declining
20incentive levels no less than 30 days in advance of the first decline
21in incentive levels. The commission may develop incentives based
22upon the output of electricity from the system, provided those
23incentives are consistent with the declining incentive levels of this
24paragraph and the incentives apply to only the first megawatt of
25electricity generated by the system.
26(2) The commission shall adopt a performance-based incentive
27program so that by January 1, 2008, 100 percent of incentives for
28solar energy systems of 100 kilowatts or
greater and at least 50
29percent of incentives for solar energy systems of 30 kilowatts or
30greater are earned based on the actual electrical output of the solar
31energy systems. The commission shall encourage, and may require,
32performance-based incentives for solar energy systems of less than
3330 kilowatts. Performance-based incentives shall decline at a rate
34of no less than an average of 7 percent per year. In developing the
35performance-based incentives, the commission may:
36(A) Apply performance-based incentives only to customer
37classes designated by the commission.
38(B) Design the performance-based incentives so that customers
39may receive a higher level of incentives than under incentives
40based on installed electrical capacity.
P65 1(C) Develop financing options that help offset the installation
2costs of the solar energy
system, provided that this financing is
3ultimately repaid in full by the consumer or through the application
4of the performance-based rebates.
5(3) By January 1, 2008, the commission, in consultation with
6the State Energy Resources Conservation and Development
7Commission, shall require reasonable and cost-effective energy
8efficiency improvements in existing buildings as a condition of
9providing incentives for eligible solar energy systems, with
10appropriate exemptions or limitations to accommodate the limited
11financial resources of low-income residential housing.
12(4) Notwithstanding subdivision (g) of Section 2827, the
13commission may develop a time-variant tariff that creates the
14maximum incentive for ratepayers to install solar energy systems
15so that the system’s peak electricity production coincides with
16California’s peak electricity demands and that ensures that
17ratepayers
receive due value for their contribution to the purchase
18of solar energy systems and customers with solar energy systems
19continue to have an incentive to use electricity efficiently. In
20developing the time-variant tariff, the commission may exclude
21customers participating in the tariff from the rate cap for residential
22customers for existing baseline quantities or usage by those
23customers of up to 130 percent of existing baseline quantities, as
24required by Section 80110 of the Water Code. Nothing in this
25paragraph authorizes the commission to require time-variant pricing
26for ratepayers without a solar energy system.
27(b) Notwithstanding subdivision (a), in implementing the
28California Solar Initiative, the commission may authorize the award
29of monetary incentives for solar thermal and solar water heating
30devices, in a total amount up to one hundred million eight hundred
31thousand dollars ($100,800,000).
32(c) (1) In implementing the California Solar Initiative, the
33commission shall not allocate more than fifty million dollars
34($50,000,000) to research, development, and demonstration that
35explores solar technologies and other distributed generation
36technologies that employ or could employ solar energy for
37generation or storage of electricity or to offset natural gas usage.
38Any program that allocates additional moneys to research,
39development, and demonstration shall be developed in
40collaboration with the Energy Commission to ensure there is no
P66 1duplication of efforts, and adopted by the commission through a
2rulemaking or other appropriate public proceeding. Any grant
3awarded by the commission for research, development, and
4demonstration shall be approved by the full commission at a public
5meeting. This subdivision does not prohibit the commission from
6continuing to allocate moneys to research, development, and
7demonstration
pursuant to the self-generation incentive program
8for distributed generation resources originally established pursuant
9to Chapter 329 of the Statutes of 2000, as modified pursuant to
10Section 379.6.
11(2) The Legislature finds and declares that a program that
12provides a stable source of monetary incentives for eligible solar
13energy systems will encourage private investment sufficient to
14make solar technologies cost effective.
15(3) On or before June 30, 2009, and by June 30th of every year
16thereafter, the commission shall submit to the Legislature an
17assessment of the success of the California Solar Initiative program.
18That assessment shall include the number of residential and
19commercial sites that have installed solar thermal devices for which
20an award was made pursuant to subdivision (b) and the dollar value
21of the award, the number of residential and commercial sites that
22have
installed solar energy systems, the electrical generating
23capacity of the installed solar energy systems, the cost of the
24program, total electrical system benefits, including the effect on
25electrical service rates, environmental benefits, how the program
26affects the operation and reliability of the electrical grid, how the
27program has affected peak demand for electricity, the progress
28made toward reaching the goals of the program, whether the
29program is on schedule to meet the program goals, and
30recommendations for improving the program to meet its goals. If
31the commission allocates additional moneys to research,
32development, and demonstration that explores solar technologies
33and other distributed generation technologies pursuant to paragraph
34(1), the commission shall include in the assessment submitted to
35the Legislature, a description of the program, a summary of each
36award made or project funded pursuant to the program, including
37the intended purposes to be achieved by the particular award or
38project, and
the results of each award or project.
P67 1(d) (1) The commission shall not impose any charge upon the
2consumption of natural gas, or upon natural gas ratepayers, to fund
3the California Solar Initiative.
4(2) Notwithstanding any other provision of law, any charge
5imposed to fund the program adopted and implemented pursuant
6to this section shall be imposed upon all customers not participating
7in the California Alternate Rates for Energy (CARE) or family
8electric rate assistance (FERA) programs, including those
9residential customers subject to the rate cap required by Section
1080110 of the Water Code for existing baseline quantities or usage
11up to 130 percent of existing baseline quantities of electricity.
12(3) The costs of the program adopted and implemented pursuant
13to this section may not be recovered
from customers participating
14in the California Alternate Rates for Energy or CARE program
15established pursuant to Section 739.1, except to the extent that
16program costs are recovered out of the nonbypassable system
17benefits charge authorized pursuant to Section 399.8.
18(e) In implementing the California Solar Initiative, the
19commission shall ensure that the total cost over the duration of the
20program does not exceed three billion five hundred fifty million
21eight hundred thousand dollars ($3,550,800,000). The financial
22components of the California Solar Initiative shall consist of the
23following:
24(1) Programs under the supervision of the commission funded
25by charges collected from customers of San Diego Gas and Electric
26Company, Southern California Edison Company, and Pacific Gas
27and Electric Company. The total cost over the duration of these
28programs shall not exceed two billion
three hundred sixty-six
29million eight hundred thousand dollars ($2,366,800,000) and
30includes moneys collected directly into a tracking account for
31support of the California Solar Initiative.
32(2) Programs adopted, implemented, and financed in the amount
33of seven hundred eighty-four million dollars ($784,000,000), by
34charges collected by local publicly owned electric utilities pursuant
35to Section 387.5. Nothing in this subdivision shall give the
36commission power and jurisdiction with respect to a local publicly
37owned electric utility or its customers.
38(3) Programs for the installation of solar energy systems on new
39begin delete construction, administered by the State Energy Resources begin insert construction (New Solar Homes
40Conservation and Developmentend delete
P68 1Partnership Program), administered by the Energyend insert Commission,
2and funded by charges in the amount of four hundred million
3dollars ($400,000,000), collected from customers of San Diego
4Gas and Electric Company, Southern California Edison Company,
5and Pacific Gas and Electric Company.begin insert If the commission is notified
6by the Energy Commission that funding available pursuant to
7Section 25751 of the Public Resources Code for the New Solar
8Homes Partnership Program has been exhausted, the commission
9may require an electrical corporation to continue administration
10of the program pursuant to the guidelines established for the
11program by the Energy Commission, until
the funding limit
12authorized by this paragraph has been reached. The commission,
13in consultation with the Energy Commission, shall supervise the
14administration of the continuation of the New Solar Homes
15Partnership Program by an electrical corporation. An electrical
16corporation may elect to have a third party, including the Energy
17Commission, administer the utility’s continuation of the New Solar
18Homes Program. After the exhaustion of funds, the Energy
19Commission shall notify the Joint Legislative Budget Committee
2030 days prior to the continuation of the program.end insert
21(4) The changes made to this subdivision by the act adding this
22paragraph do not authorize the levy of a charge or any increase in
23the amount collected pursuant to any existing charge, nor do the
24changes add to, or detract from, the commission’s existing authority
25to levy or increase charges.
begin insertSection 5900 of the end insertbegin insertPublic Utilities Codeend insertbegin insert is amended
27to read:end insert
(a) The holder of a state franchise shall comply with
29the provisions of Sections 53055, 53055.1, 53055.2, and 53088.2
30of the Government Code, and any other customer service standards
31pertaining to the provision of video service established by federal
32law or regulation or adopted by subsequent enactment of the
33Legislature. All customer service and consumer protection
34standards under this section shall be interpreted and applied to
35accommodate newer or different technologies while meeting or
36exceeding the goals of the standards.
37(b) The holder of a state franchise shall comply with provisions
38of Section 637.5 of the Penal Code and the privacy standards
39contained in Section 551 et seq. of Title 47 of the United States
40
Code.
P69 1(c) The local entity shall enforce all of the customer service and
2protection standards of this section with respect to complaints
3received from residents within the local entity’s jurisdiction, but
4it may not adopt or seek to enforce any additional or different
5customer service or other performance standards under Section
653055.3 or subdivision (q), (r), or (s) of Section 53088.2 of the
7Government Code, or any other authority or provision of law.
8(d) The local entity shall, by ordinance or resolution, provide a
9schedule of penalties for any material breach by a holder of a state
10franchise of this section. No monetary penalties shall be assessed
11for a material breach if it is out of the reasonable control of the
12holder. Further, no monetary penalties may be imposed prior to
13January 1, 2007. Any schedule of monetary penalties adopted
14pursuant to this section shall in no event
exceed five hundred
15dollars ($500) for each day of each material breach, not to exceed
16one thousand five hundred dollars ($1,500) for each occurrence
17of a material breach. However, if a material breach of this section
18has occurred, and the local entity has provided notice and a fine
19or penalty has been assessed, and if a subsequent material breach
20of the same nature occurs within 12 months, the penalties may be
21increased by the local entity to a maximum of one thousand dollars
22($1,000) for each day of each material breach, not to exceed three
23thousand dollars ($3,000) for each occurrence of the material
24breach. If a third or further material breach of the same nature
25occurs within those same 12 months, and the local entity has
26provided notice and a fine or penalty has been assessed, the
27penalties may be increased to a maximum of two thousand five
28hundred dollars ($2,500) for each day of each material breach, not
29to exceed seven thousand five hundred dollars ($7,500) for each
30occurrence of the material
breach. With respect to video providers
31subject to a franchise or license, any monetary penalties assessed
32under this section shall be reduced dollar-for-dollar to the extent
33any liquidated damage or penalty provision of a current cable
34television ordinance, franchise contract, or license agreement
35imposes a monetary obligation upon a video provider for the same
36customer service failures, and no other monetary damages may be
37assessed.
38(e) The local entity shall give the video service provider written
39notice of any alleged material breach of the customer service
40standards of this division and allow the video provider at least 30
P70 1days from receipt of the notice to remedy the specified material
2breach.
3(f) A material breach for the purposes of assessing penalties
4shall be deemed to have occurred for each day within the
5jurisdiction of each local entity, following the expiration of
the
6period specified in subdivision (e), that any material breach has
7not been remedied by the video service provider, irrespective of
8the number of customers or subscribers affected.
9(g) Any penalty assessed pursuant to this section shall be
10remitted to the local entity, which shall submit one-half of the
11penalty to the Digital Divide Account established in Section 280.5.
12(h) Any interested person may seek judicial review of a decision
13of the local entity in a court of appropriate jurisdiction. For this
14purpose, a court of law shall conduct a de novo review of any
15issues presented.
16(i) This section shall not preclude a party affected by this section
17from utilizing any judicial remedy available to that party without
18regard to this section. Actions taken by a local legislative body,
19including a local franchising
entity, pursuant to this section shall
20not be binding upon a court of law. For this purpose, a court of
21law shall conduct de novo review of any issues presented.
22(j) For purposes of this section, “material breach” means any
23substantial and repeated failure of a video service provider to
24comply with service quality and other standards specified in
25subdivision (a).
26(k) Thebegin delete Divisionend deletebegin insert Officeend insert of Ratepayer Advocates shall have
27authority to advocate on behalf of video subscribers regarding
28renewal of a state-issued franchise and enforcement of this section,
29and Sections 5890 and 5950. For this purpose, thebegin delete divisionend deletebegin insert officeend insert
30 shall have access to any information in the possession of the
31commission subject to all restrictions on disclosure of that
32information that are applicable to the commission.
The Legislature finds and declares all of the
34following:
35(a) The Department of Transportation owns real property
36commonly known as 2829 Juan Street, San Diego, which served
37as the department’s District 11 administrative headquarters until
382006.
39(b) Subsequently, the Department of Transportation constructed
40a new District 11 administrative headquarters and relocated its
P71 1staff to the new facility, and no longer needs the property at 2829
2Juan Street, and is desirous of transferring
it.
3(c) It has cost the Department of Transportation over five
4hundred thousand dollars ($500,000) to continue to own and
5maintain the property at 2829 Juan Street, and future annual costs
6to maintain the property will be at least eighty thousand dollars
7($80,000) annually. It is also estimated to cost between three
8million dollars ($3,000,000) and six million dollars ($6,000,000)
9to remove antiquated and obsolete buildings and fixtures from the
10property.
11(d) The property at 2829 Juan Street is immediately adjacent
12to property owned by the Department of Parks and Recreation,
13which is operated as Old Town San Diego State Historic Park and
14which is one of the most popular and most visited parks in the state
15park system.
16(e) The Department of Parks and Recreation desires to have
17the property at 2829 Juan Street
transferred to it, so that it can be
18incorporated into Old Town San Diego State Historic Park, or
19developed in a manner than complements the state park.
20(f) It is adequate consideration for the Department of
21Transportation to transfer the property at 2829 Juan Street to the
22Department of Parks and Recreation if the recipient department
23assumes all ongoing maintenance and ownership liabilities as well
24as all future development costs, including the removal of all
25structures and fixtures that the recipient department concludes
26are not consistent with the development of Old Town San Diego
27State Historic Park.
begin insertSection 104.22 is added to the end insertbegin insertStreets and Highways
29Codeend insertbegin insert, to read:end insert
(a) Notwithstanding any other law, the Department
31of Transportation shall, consistent with Article XIX of the
32California Constitution, transfer to the Department of Parks and
33Recreation the real property in the City of San Diego between
34Taylor Street and Wallace Street and between Juan Street and
35Calhoun Street, which was acquired for highway purposes and
36which was previously used by the department as its District 11
37administrative headquarters, and which is commonly known as
382829 Juan Street, San Diego.
P72 1(b) The real property transferred pursuant to subdivision (a)
2shall be incorporated into the state park system upon its transfer
3to the Department of Parks and Recreation.
4(c) On and after the date of transfer, the Department of
5Transportation shall have no continuing obligation relating to the
6ownership, maintenance, or control of the transferred real
7property, and all obligations of ownership, maintenance, and
8control shall thereafter be borne by the Department of Parks and
9Recreation.
10(d) The transfer of the real property required by this section
11shall be completed within 90 days of the effective date of the act
12enacting this section in the 2013-14 Regular Session of the
13Legislature.
14(e) The transfer of the real property required by this section
15serves a public purpose.
begin insertSection 10001.7 is added to the end insertbegin insertWater Codeend insertbegin insert, to read:end insert
begin insertThe Director of Finance shall notify the Joint
18Legislative Budget Committee of any hydroelectric power project
19relicensing proposal for the Federal Energy Regulatory
20Commission that, if approved by the department, would obligate
21the General Fund in the current or future years. The department
22may approve that relicensing proposal not less than 30 days after
23the Director of Finance notifies the Joint Legislative Budget
24Committee.
begin insertSection 85200 of the end insertbegin insertWater Codeend insertbegin insert is amended to read:end insert
(a) The Delta Stewardship Council is hereby established
27as an independent agency of the state.
28(b) begin delete(1)end deletebegin delete end deleteThe council shall consist of seven voting members, of
29which four members shall be appointed by the Governor and
30confirmed by the Senate, one member shall be appointed by the
31Senate Committee on Rules, one member shall be appointed by
32the Speaker of the Assembly, and one member shall be the
33Chairperson of the Delta Protection Commission. Initial
34appointments to the council shall be made by July 1, 2010.
35(2) No member of the council shall serve two consecutive terms,
36but a member may be reappointed after a period of two years
37following the end of his or her term.
38(c) (1) (A) The initial terms of two of the four members
39appointed by the Governor shall be four years.
P73 1(B) The initial terms of two of the four members appointed by
2the Governor shall be six years.
3(C) The initial terms of the members appointed by the Senate
4Committee on Rules and the Speaker of the Assembly shall be
5four years.
6(D) Upon the expiration of each term described in subparagraphs
7(A), (B), or (C), the term of each succeeding member shall be four
8years.
9(2) The Chairperson of the Delta Protection Commission shall
10serve as a member of the council for the period during which he
11or she holds the position as commission chairperson.
12(d) Any vacancy shall be filled by the appointing authority
13within 60 days. If the term of a council member expires, and no
14successor is appointed within the allotted timeframe, the existing
15member may serve up to 180 days beyond the expiration of his or
16her term.
17(e) The council members shall select a chairperson from among
18their members, who shall serve for not more than four years in that
19capacity.
20(f) The council shall meet once a month in a public forum. At
21least two meetings each year shall take place at a location within
22the Delta.
begin insertSection 34 of Chapter 718 of the Statutes of 2010 is
24repealed.end insert
(a) On or before January 1, 2012, the Department of
26Forestry and Fire Protection shall report to the Joint Legislative
27Budget Committee on the steps taken by the Office of the State
28Fire Marshal to improve fire and panic safety with respect to green
29building standards. The report also shall describe all steps taken
30by the Office of the State Fire Marshal to better coordinate work
31on green building standards code development with the California
32Building Standards Commission and the Department of Housing
33and Community Development.
34(b) (1) The requirement for submitting a report imposed under
35subdivision (a) is inoperative on January 1, 2016, pursuant to
36Section 10231.5 of the Government Code.
37(2) A report to be submitted pursuant to subdivision (a) shall
38be submitted in compliance with Section 9795 of the Government
39Code.
No reimbursement is required by this act pursuant
2to Section 6 of Article XIII B of the California Constitution because
3the only costs that may be incurred by a local agency or school
4district will be incurred because this act creates a new crime or
5infraction, eliminates a crime or infraction, or changes the penalty
6for a crime or infraction, within the meaning of Section 17556 of
7the Government Code, or changes the definition of a crime within
8the meaning of Section 6 of Article XIII B of the California
9Constitution.
The balance of the appropriation made in Schedule
11(1) of Item 3850-301-6051 of Section 2.00 the Budget Act of 2010
12(Chapter 724, Statutes 2010) is hereby reappropriated to the
13Coachella Valley Mountains Conservancy, to be available for
14expenditure for capital outlay or local assistance until June 30,
152016.
This act is a bill providing for appropriations related
17to the Budget Bill within the meaning of subdivision (e) of Section
1812 of Article IV of the California Constitution, has been identified
19as related to the budget in the Budget Bill, and shall take effect
20immediately.
It is the intent of the Legislature to enact statutory
22changes relating to the Budget Act of 2013.
O
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