Amended in Assembly August 26, 2013
Senate BillNo. 96
Introduced by Committee on Budget and Fiscal Review
January 10, 2013
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LEGISLATIVE COUNSEL’S DIGEST
as amended, Committee on Budget and Fiscal Review. Budget Act of
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This bill would express the intent of the Legislature to enact statutory changes relating to the Budget Act of 2013.
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Fiscal committee: begin deleteno end delete.
State-mandated local program: begin deleteno end delete.
The people of the State of California do enact as follows:
(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.
(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
23(b) All federal moneys made available for projects authorized
24by the board shall be deposited in the Wildlife Restoration Fund.
25Any unexpended balances of
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26on or after June 30, 1979, in any other fund shall be transferred to
27the Wildlife Restoration Fund.
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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
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.
(a) The director shall establish an information security
4program. The program responsibilities include, but are not limited
5to, all of the following:
6(1) The creation, updating, and publishing of information
7security and privacy policies, standards, and procedures for state
8agencies in the State Administrative Manual.
9(2) The creation, issuance, and maintenance of policies,
10standards, and procedures directing state agencies to effectively
11manage security and risk for
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12(A) Information technology, which includes, but is not limited
13to, all electronic technology systems and services, automated
14information handling, system design and analysis, conversion of
15data, computer programming, information storage and retrieval,
16telecommunications, requisite system controls, simulation,
17electronic commerce, and all related interactions between people
19(B) Information that is identified as mission critical, confidential,
20sensitive, or personal, as defined and published by the
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22(3) The creation, issuance, and maintenance of policies,
23standards, and procedures directing state agencies for the collection,
24tracking, and reporting of information regarding security and
26(4) The creation, issuance, and maintenance of policies,
27standards, and procedures directing state agencies in the
28development, maintenance, testing, and filing of each agency’s
29disaster recovery plan.
30(5) Coordination of the activities of agency information security
31officers, for purposes of integrating statewide security initiatives
32and ensuring compliance with information security and privacy
34(6) Promotion and enhancement of the state agencies’ risk
35management and privacy programs through education, awareness,
36collaboration, and consultation.
37(7) Representing the state before the federal government, other
38state agencies, local government entities, and private industry on
39issues that have statewide impact on information security and
P20 1(b) An information security officer appointed pursuant to Section
211546.1 shall implement the policies and procedures issued by the
3Office of Information Security, including, but not limited to,
begin delete allend delete of the following duties:
5(1) Comply with the information security and privacy policies,
6standards, and procedures issued pursuant to this chapter by the
7Office of Information Security.
8(2) Comply with filing requirements and incident notification
9by providing timely information and reports as required by policy
10or directives of the office.
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12conduct, or require to be conducted, independent security
13assessments of any state agency, department, or office, the cost of
14which shall be funded by the state agency, department, or office
19(d) The office may require an audit of information security to
20ensure program compliance, the cost of which shall be funded by
21the state agency, department, or office being audited.
22(e) The office shall report to the
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begin delete Agencyend delete any state agency found to be noncompliant
24with information security program requirements.
(a) Every rupture, explosion, or fire involving a
28pipeline, including a pipeline system otherwise exempted by
29subdivision (a) of Section 51010.5, and including a pipeline
30undergoing testing, shall be immediately reported by the pipeline
31operator to the fire department having fire suppression
32responsibilities and to the California Emergency Management
begin delete In addition, the pipeline operator shall, within 30 days of
34the rupture, explosion, or fire, file a report with the State Fire
35Marshal containing all the information that the State Fire Marshal
36may reasonably require to prepare the report required pursuant to
37subdivision (d).end delete
38(b) (1) The
begin delete Californiaend delete Emergency begin delete Management shall immediately notify the State Fire Marshal
40of the incident, who shall immediately dispatch
begin delete his or herend delete employees to the scene. The State Fire Marshal or
begin delete his or herend delete employees, upon arrival, shall provide technical
3expertise and advise the operator and all public agencies on
4activities needed to mitigate the hazard.
5(2) For purposes of this subdivision, the Legislature does not
6intend to hinder or disrupt the workings of the “incident
7commander system,” but does intend to establish a recognized
8element of expertise and direction for the incident command to
9consult and acknowledge as an authority on the subject of pipeline
10incident mitigation. Furthermore, it is expected that the State Fire
11Marshal will recognize the expertise of the pipeline operator and
12any other emergency agency personnel who may be familiar with
13the particular location of the incident and respect their
14knowledgeable input regarding the mitigation of the
15(c) For purposes of this section, “rupture” includes every
16unintentional liquid leak, including any leak that occurs during
17hydrostatic testing, except that a crude oil leak of less than five
18barrels from a pipeline or flow line in a rural area, or any crude
19oil or petroleum product leak in any in-plant piping system of less
20than five barrels, when no fire, explosion, or bodily injury results
21or no waterway is contaminated thereby, does not constitute a
22rupture for purposes of the reporting requirements of subdivision
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24(d) The State Fire Marshal shall, every fifth year commencing
25in 1999, issue a report identifying pipeline leak incident rate trends,
26reviewing current regulatory effectiveness with regard to pipeline
27safety, and recommending any necessary changes to the
28Legislature. This report shall include an assessment of the condition
29of each pipeline and shall include all of the following: total length
30of regulated pipelines, total length of regulated piggable pipeline,
31total number of line sections, average length of each section,
32number of leaks during study period, average spill size, average
33damage per incident, average age of leak pipe, average diameter
34of leak pipe, injuries during study period, cause of the leak or spill,
35fatalities during study period, and other information as deemed
36appropriate by the State Fire Marshal.
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38 This section does not preempt any other applicable federal
39or state reporting requirement.
P22 1 Except as otherwise provided in this section and Section
28589.7, a notification made pursuant to this section shall satisfy
3any immediate notification requirement contained in any permit
4issued by a permitting agency.
6 This section does not apply to pipeline ruptures involving
7nonreportable crude oil spills under Section 3233 of the Public
8Resources Code, unless the spill involves a fire or explosion.
Of the funds appropriated pursuant to Item
123900-001-6053 of Section 2.00 of the Budget Act of 2007, the
13State Air Resources Board shall allocate the funds in accordance
14with all of the following:
15(a) All schoolbuses in operation in the state of model year 1976
16or earlier shall be replaced.
17(b) (1) The funds remaining after the allocation made pursuant
18to subdivision (a) shall be apportioned to local air quality
19management districts and air pollution control districts based on
20the number of schoolbuses of model years 1977 to 1986, inclusive,
21that are in operation within each district.
22(2) Each district shall determine the percentage
of its allocation
23to spend between replacement of schoolbuses of model years 1977
24to 1986, inclusive, and retrofit of schoolbuses of any model year.
25Of the funds spent by a district for replacement of schoolbuses
26pursuant to this paragraph, a district shall replace the oldest
27schoolbuses of model years 1977 to 1986, inclusive, within the
28district. Of the funds spent by a district for retrofit of schoolbuses
29pursuant to this paragraph, a district shall retrofit the most polluting
30schoolbuses within the district.
31(c) All schoolbuses replaced pursuant to this section shall be
33(d) These funds shall be administered by either the California
34Energy Commission or the local air district.
35(e) If a local air district’s funds, including accrued interest, are
36not committed by an executed contract as reported to the
37Resources Board on or before June 30, 2012, then those funds
38shall be transferred, on or before January 1, 2013, to another local
39air district that demonstrates an ability to expend the funds by
40January 1, 2014. In implementing this section, the State Air
P23 1Resources Board in consultation with the local air districts shall,
2by September 30, 2012, establish a list of potential recipient local
3air districts, prioritizing local air districts with the most polluting
4school buses and the greatest need for school bus funding.
5(f) Each allocation made pursuant to this section to a local air
6district shall provide enough funding for at least one project to be
7implemented pursuant to the Lower-Emission School Bus Program
8adopted by the State Air Resources Board. In the event a local air
9district has unspent funds as of January 1, 2014, the local air district
10shall work with the State Air Resources Board to transfer the
11unspent funds to an
alternative local air district with existing
13(g) Funds made available pursuant to this chapter to a local air
14district shall be expended by June 30, 2014.
15(h) All funds not expended by a local air district by June 30,
162014, shall be returned to the State Air Resources Board.
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32state agency shall report annually to the board
begin delete theirend delete progress in
33meeting the recycled product purchasing requirements using the
34SABRC report format provided by the
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38(b) On or before October 31 of each year, the department shall
39provide to the
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P24 1(1) A list, by category, of individual reportable recycled
2products, materials, goods, and supplies that were available for
3purchase by state agencies from a statewide-use contract,
4agreement, or schedule during the previous fiscal year.
5(2) A list, by category, of all reportable products, materials,
6goods, and supplies that were available for purchase by state
7agencies from a statewide-use contract, agreement, or schedule,
8including contract, agreement, or schedule tracking numbers,
9during the previous fiscal year.
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10(c) The board shall annually provide an agency-specific report
11to the Legislature identifying all state agency SABRC reporting
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13(d) Every three years, the board shall provide, as part of the
14report described in subdivision (c), recommendations to the
15Legislature for changes necessary to increase the purchase of
16recycled content products, materials, goods, and supplies and
17improve SABRC program efficiency.
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The department shall submit an annual report to the Joint
21Legislative Budget Committee, in accordance with Section 9795
22of the Government Code, regarding emergency incidents funded
23entirely or in part from Item 3540-006-0001 of Section 2.00 of the
24annual Budget Act, commonly referred to as the “emergency fund,”
25or from a similar provision of any future Budget Act that provides
26funds for emergency fire suppression and detection costs and
27related emergency revegetation costs, and for which the department
28administratively classifies these funds as being expended from the
29emergency fund. The report shall include all of the following:
30(a) For each incident that is estimated to cost more than five
31million dollars ($5,000,000), as adjusted annually by
32department to account for inflation using the California Consumer
33Price Index published by the Department of Industrial Relations,
34the report shall include all of the following information, to the
35extent the information is known by the department:
36(1) The administrative district or districts and the county or
37counties in which the incident occurred, and whether the incident
38occurred in a state responsibility area, local responsibility area,
39federal responsibility area, or some combination of those areas.
P25 1(2) A general description of the incident and the department’s
2response to the incident.
3(3) The total estimated cost of the incident, listed by appropriate
4category, including, but not limited to, overtime, additional staffing,
5inmate costs, travel, accommodations, air support, and nonstate
7(4) The estimated costs charged to the emergency fund, listed
8by appropriate category, including, but not limited to, overtime,
9additional staffing, inmate costs, travel, accommodations, air
10support, and nonstate vendor costs.
11(5) The number of personnel and equipment assigned to the
12incident, including state resources, federal resources, and local
14(6) Whether the state’s costs to respond to the incident are
15eligible for reimbursement from the federal government or a local
17(7) Whether the department had performed any fuel reduction,
18vegetation management, controlled burns, or other fuel treatment
19in the area of the incident that impacted either the course of the
20incident or the department’s response to the incident.
21(b) For each incident that is estimated to cost less than five
22million dollars ($5,000,000), as adjusted annually by the
23department to account for inflation using the California Consumer
24Price Index published by the Department of Industrial Relations,
25the report shall include a list of those incidents, specifying each
26incident’s total estimated cost and total estimated costs charged
27to the emergency fund.
28(c) Information on any other costs paid in whole or in part from
29the emergency fund.
The board shall submit to the Legislature on December
331st of each year a report on the actions taken pursuant to this
34chapter during the preceding fiscal year. Such report shall include
35a statement of the actions, including legislative recommendations,
36which are necessary to more fully carry out the purposes and
37requirements of this chapter.
The department shall from time to time prepare reports
2setting forth data as to
begin delete theend delete experiments begin delete soend delete conducted and begin delete itsend delete findings and conclusions with reference begin delete theretoend delete and submit these reports to the board for its
5guidance and assistance in determining the policy to be followed
6by the board with reference to range and forage lands.
begin delete The board
7shall make these reports available to the Legislature.end delete
(a) Notwithstanding any other
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11Department of Finance may delegate to the department the right
12to exercise the same authority granted to the Division of the State
13Architect and the Real Estate Services Division in the Department
14of General Services, to plan, design, construct, and administer
15contracts and professional services for legislatively approved
16capital outlay projects.
17(b) Any right afforded to the department pursuant to subdivision
18(a) to exercise project planning, design, construction, and
19administration of contracts and professional services may be
20revoked, in whole or in part, by the Department of Finance at any
21time prior to January 1,
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22(c) This section shall remain in effect only until January 1,
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23 and as of that date is repealed, unless a later enacted statute,
24that is enacted before January 1,
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All concession contracts entered into pursuant to this
29article shall contain, but are not limited to, all of the following
31(a) (1) The maximum term shall be 10 years, except that a term
32of more than 10 years may be provided if the director determines
33that the longer term is necessary to allow the concessionaire to
34amortize improvements made by the concessionaire, to facilitate
35the full utilization of a structure that is scheduled by the department
36for replacement or redevelopment, or to serve the best interests of
37the state. The term shall not exceed 20 years without specific
38authorization by statute.
39(2) The maximum term shall be 50 years if
40contract is for the construction, development, and operation of
P27 1multiple-unit lodging facilities equipped with full amenities,
2including plumbing and electrical, that is anticipated to exceed an
3initial cost of one million five hundred thousand dollars
4($1,500,000) in capital improvements in order to begin operation.
5The term for a concession contract described in this paragraph
6shall not exceed 50 years without specific authorization by statute.
19(b) Every concessionaire shall submit to the department all sales
20and use tax returns.
21(c) Every concession shall be subject to audit by the department.
22(d) A performance bond shall be obtained and maintained by
23the concessionaire. In lieu of a bond, the concessionaire may
24substitute a deposit of funds acceptable to the department. Interest
25on the deposit shall accrue to the concessionaire.
26(e) The concessionaire shall obtain and
maintain in force at all
27times a policy of liability insurance in an amount adequate for the
28nature and extent of public usage of the concession and naming
29the state as an additional insured.
30(f) Any discrimination by the concessionaire or his or her agents
31or employees against any person because of the marital status or
32ancestry of that person or any characteristic listed or defined in
33Section 11135 of the Government Code is prohibited.
34(g) To be effective, any modification of the concession contract
35shall be evidenced in writing.
36(h) Whenever a concession contract is terminated for substantial
37breach, there shall be no obligation on the part of the state to
38purchase any improvements made by the concessionaire.
The one billion two hundred seventy-five million
2dollars ($1,275,000,000) allocated pursuant to subdivision (c) of
3Section 5096.610 shall be available for the acquisition and
4development of land, air, and water resources in accordance with
5the following schedule:
6(a) Notwithstanding Section 13340 of the Government Code,
7the sum of three hundred million dollars ($300,000,000) is
8continuously appropriated to the Wildlife Conservation Board for
9the acquisition, development, rehabilitation, restoration, and
10protection of habitat that promotes the recovery of threatened and
11endangered species, that provides corridors linking separate habitat
12areas to prevent habitat fragmentation, and that protects significant
13natural landscapes and ecosystems
such as old growth redwoods
14and oak woodlands and other significant habitat areas; and for
15grants and related state administrative costs pursuant to the Wildlife
16Conservation Law of 1947 (Chapter 4 (commencing with Section
171300) of Division 2 of the Fish and Game Code). Funds scheduled
18in this subdivision may be used to prepare management plans for
19properties acquired in fee by the Wildlife Conservation Board.
20(b) The sum of four hundred forty-five million dollars
21($445,000,000) to the conservancies in accordance with the
22particular provisions of the statute creating each conservancy for
23the acquisition, development, rehabilitation, restoration, and
24protection of land and water resources; for grants and state
25administrative costs; and in accordance with the following
To the State Coastal Conservancy
To the California Tahoe Conservancy
To the Santa Monica Mountains Conservancy
To the Coachella Valley Mountains Conservancy
To the San Joaquin River Conservancy
To the San Gabriel and Lower Los Angeles Rivers
and Mountains Conservancy
To the Baldwin Hills Conservancy
To the San Francisco Bay Area Conservancy
39(c) The sum of three hundred seventy-five million dollars
40($375,000,000) shall be available for grants to public
P29 1nonprofit organizations for acquisition, development, restoration,
2and associated planning, permitting, and administrative costs for
3the protection and restoration of water resources in accordance
4with the following schedule:
5(1) The sum of seventy-five million dollars ($75,000,000) to
6the secretary for the acquisition and development of river parkways
7and for protecting urban streams. The secretary shall make funds
8available in accordance with Sections 7048 and 78682.2 of the
9Water Code, and pursuant to any other applicable statutory
10authorization. Not less than five million dollars ($5,000,000) shall
11be available for grants for the urban streams program, pursuant to
12Section 7048 of the Water Code.
13(2) The sum of three hundred million dollars ($300,000,000)
14shall be available for the purposes of clean beaches, watershed
15protection, and water quality projects to
protect beaches, coastal
16waters, rivers, lakes, and streams from contaminants, pollution,
17and other environmental threats.
18(d) The sum of fifty million dollars ($50,000,000) to the
19State Air Resources Board for grants to air districts pursuant to
20Chapter 9 (commencing with Section 44275) of Part 5 of Division
2126 of the Health and Safety Code for projects that reduce air
22pollution that affects air quality in state and local park and
23recreation areas. Eligible projects shall meet the requirements of
24Section 16727 of the Government Code and shall be consistent
25with Section 43023.5 of the Health and Safety Code, if Assembly
26Bill 1390 of the 2001-02 Regular Session of the Legislature is
27enacted on or before January 1, 2003. Each
district shall be
28eligible for grants of not less than two hundred thousand dollars
29($200,000). Not more than 5 percent of the funds allocated to
begin delete aend delete district may be used to cover the costs associated with
31implementing the grant program.
3(e) The sum of twenty million dollars ($20,000,000) to the
4California Conservation Corps for the acquisition, development,
5restoration, and rehabilitation of land and water resources, and for
6grants and state administrative costs in accordance with the
8(1) The sum of five million dollars ($5,000,000) shall be
9available for resource conservation activities.
10(2) The sum of fifteen million dollars ($15,000,000) shall be
11available for grants to local conservation corps for acquisition and
12development of facilities to support local conservation corps
14(f) The sum of seventy-five million dollars ($75,000,000) shall
available for grants for the preservation of agricultural lands
16and grazing lands, including oak woodlands and grasslands.
17(g) The sum of ten million dollars ($10,000,000) to the
18Department of Forestry and Fire Protection for grants for urban
19forestry programs pursuant to the California Urban Forestry Act
20of 1978 (Chapter 2 (commencing with Section 4799.06) of Part
212.5 of Division 1).
begin delete department shall certify the operators of recycling director shall adopt, by
34centers pursuant to this section. Theend delete
35regulation, a procedure for the certification of recycling centers,
36including standards and requirements for certification. These
37regulations shall require that all information be submitted to the
38department under penalty of perjury. A recycling center shall meet
39all of the standards and requirements contained in the regulations
40for certification. The regulations shall require, but shall not be
P31 1limited to requiring, that all of the following conditions be met for
3(1) The operator of the recycling center demonstrates, to the
4satisfaction of the department, that the operator will operate in
5accordance with this division.
6(2) If one or more certified entities have operated at the same
the past five years, the operations at the location
8of the recycling center exhibit, to the satisfaction of the department,
9a pattern of operation in compliance with the requirements of this
10division and regulations adopted pursuant to this division.
11(3) The operator of the recycling center notifies the department
12promptly of any material change in the nature of his or her
13operations which conflicts with information submitted in the
14operator’s application for certification.
31 A certified recycling center shall comply with all of the
32following requirements for operation:
33(1) The operator of the recycling center shall not pay a refund
34value for, or receive a refund value from any processor for, any
35food or drink packaging material or any beverage container or
36other product that does not have a refund value established pursuant
37to Section 14560.
38(2) The operator of a recycling center shall take those actions
39that satisfy the department to prevent the payment of a refund value
40for any food or drink packaging material or any beverage container
P32 1or other product that does not have a refund value established
2pursuant to Section 14560.
3(3) Unless exempted pursuant to subdivision (b) of Section
414572, a certified recycling center shall accept, and pay at least
5the refund value for,
all empty beverage containers, regardless of
7(4) A certified recycling center shall not pay any refund values,
8processing payments, or administrative fees to a noncertified
10(5) A certified recycling center shall not pay any refund values,
11processing payments, or administrative fees on empty beverage
12containers or other containers that the certified recycling center
13knew, or should have known, were coming into the state from out
14of the state.
15(6) A certified recycling center shall not claim refund values,
16processing payments, or administrative fees on empty beverage
17containers that the certified recycling center knew, or should have
18known, were received from noncertified recyclers or on beverage
19containers that the certified recycling center knew, or should have
20known, come from out of the state.
21(7) A certified recycling center shall prepare and maintain the
22following documents involving empty beverage containers, as
23specified by the department by regulation:
24(A) Shipping reports that are required to be prepared by the
25recycling center, or that are required to be obtained from other
27(B) Consumer transaction receipts.
28(C) Consumer transaction logs.
29(D) Rejected container receipts on materials subject to this
31(E) Receipts for transactions with beverage manufacturers on
32materials subject to this division.
33(F) Receipts for
transactions with beverage distributors on
34materials subject to this division.
35(G) Documents authorizing the recycling center to cancel empty
37(H) Weight tickets.
38(8) In addition to the requirements of paragraph (7), a certified
39recycling center shall cooperate with the department and make
P33 1available its records of scrap transactions when the review of these
2records is necessary for an audit or investigation by the department.
4 The department may recover, in restitution pursuant to
5paragraph (5) of subdivision (c) of Section 14591.2, payments
6made from the fund to the certified recycling center pursuant to
7Section 14573.5 that are based on the documents specified in
8paragraph (7), that are not prepared or maintained in compliance
9with the department’s regulations, and that do not allow the
10department to verify claims for program payments.
12 The department may certify a recycling center that will
13operate less than 30 hours a week, as specified in paragraph (2) of
14subdivision (b) of Section 14571.
begin delete department shall certify processors pursuant to this director shall adopt, by regulation, requirements and
27section. Theend delete
28standards for certification. The regulations shall require, but shall
29not be limited to requiring, that all of the following conditions be
30met for certification:
31(1) The processor demonstrates to the satisfaction of the
32department that the processor will operate in accordance with this
34(2) If one or more certified entities have operated at the same
35location within the past five years, the operations at the location
36of the processor exhibit, to the satisfaction of the department, a
37pattern of operation in compliance with the requirements of this
38division and regulations adopted pursuant to this division.
39(3) The processor notifies the
department promptly of any
40material change in the nature of the processor’s operations that
P34 1conflicts with the information submitted in the operator’s
2application for certification.
19 A certified processor shall comply with all of the following
20requirements for operation:
21(1) The processor shall not pay a refund value for, or receive a
22refund value from the department for, any food or drink packaging
23material or any beverage container or other product that does not
24have a refund value established pursuant to Section 14560.
25(2) The processor shall take those actions that satisfy the
26department to prevent the payment of a refund value for any food
27or drink packaging material or any beverage container or other
28product that does not have a refund value
established pursuant to
30(3) Unless exempted pursuant to subdivision (b) of Section
3114572, the processor shall accept, and pay at least the refund value
32for, all empty beverage containers, regardless of type, for which
33the processor is certified.
34(4) A processor shall not pay any refund values, processing
35payments, or administrative fees to a noncertified recycler. A
36processor may pay refund values, processing payments, or
37administrative fees to any entity that is identified by the department
38on its list of certified recycling centers.
39(5) A processor shall not pay any refund values, processing
40payments, or administrative fees on empty beverage containers or
P35 1other containers that the processor knew, or should have known,
2were coming into the state from out of the state.
3(6) A processor shall not claim refund values, processing
4payments, or administrative fees on empty beverage containers
5that the processor knew, or should have known, were received
6from noncertified recyclers or on beverage containers that the
7processor knew, or should have known, come from out of the state.
8A processor may claim refund values, processing payments, or
9administrative fees on any empty beverage container that does not
10come from out of the state and that is received from any entity that
11is identified by the department on its list of certified recycling
13(7) A processor shall take the actions necessary and approved
14by the department to cancel containers to render them unfit for
16(8) A processor shall prepare or maintain the following
17documents involving empty beverage containers, as
18the department by regulation:
19(A) Shipping reports that are required to be prepared by the
20processor or that are required to be obtained from recycling centers.
21(B) Processor invoice reports.
22(C) Cancellation verification documents.
23(D) Documents authorizing recycling centers to cancel empty
25(E) Processor-to-processor transaction receipts.
26(F) Rejected container receipts on materials subject to this
28(G) Receipts for transactions with beverage manufacturers on
29materials subject to this division.
30(H) Receipts for transactions with distributors on materials
31subject to this division.
32(I) Weight tickets.
33(9) In addition to the requirements of paragraph (7), a processor
34shall cooperate with the department and make available its records
35of scrap transactions when the review of these records is necessary
36for an audit or investigation by the department.
38 The department may recover, in restitution pursuant to
39paragraph (5) of subdivision (c) of Section 14591.2, any payments
40made by the department to the processor pursuant to Section 14573
P36 1that are based on the documents specified in paragraph (8) of
2subdivision (b) of this section, that are not prepared or maintained
3in compliance with the department’s regulations, and that do not
4allow the department to verify claims for program payments.
On or before
begin delete the 90th day after the effective date of and annually
8the act amending this section,end delete
9thereafter, or more frequently as determined to be necessary by
10the department, the department shall review and, if necessary in
11order to ensure payment of the most accurate commingled rate
12feasible, recalculate commingled rates paid for beverage containers
13and postfilled containers paid to curbside recycling
begin delete programs, and
14collection programs,end delete
begin delete recycling centers.end delete Prior to recalculating a commingled rate pursuant to
16this section, the department shall do all of the following:
17(a) Consult with private and public operators of curbside
begin delete programs, collection programs,end delete and begin delete recycling concerning the size of the statewide
20sample, appropriate sampling methodologies, and alternatives to
21exclusive reliance on a statewide commingled rate.
22(b) At least 60 days prior to the effective date of any new
23commingled rate, hold a public hearing, after giving notice, to
24make available to the public and affected parties the department’s
25review and any proposed recalculations of the commingled rate.
26(c) At least 60 days prior to the effective date of any new
27commingled rate, and upon the request of any party, make available
28documentation or studies which were prepared as part of the
29department’s review of a commingled rate.
30(d) (1) Notwithstanding this division, the department may
31calculate a curbside recycling program commingled rate pursuant
32to this subdivision for bimetal containers and a combined
33commingled rate for all plastic beverage containers displaying the
34resin identification code “3,” “4,” “5,” “6,” or “7” pursuant to
36(2) The department may enter into a contract for the services
37required to implement the amendments to this section made by
begin delete the of the
begin delete first halfend delete of begin delete the 2003-04 Regular The
39Session of the Legislature amending this section.end delete
40department may not expend more than two hundred fifty thousand
P37 1dollars ($250,000) for each year of the contract. The contract shall
2be paid only from revenues derived from redemption payments
3and processing fees paid on plastic beverage containers displaying
4the resin identification code “3,” “4,” “5,” “6,” or “7” pursuant to
5Section 18015. If the department determines that insufficient funds
6will be available from these revenues, after refund values are paid
7to processors and the reduction is made in the processing fee
8pursuant to subdivision
begin delete (f)end delete of Section 14575 for these
9containers, the department may determine not to calculate a
10commingled rate pursuant to this subdivision.
begin deleteAll end delete
14reports, claims, and other information required pursuant to this
15division and submitted to the department shall be complete, legible,
16and accurate, as determined by the department by regulation, and
17shall be signed, by an officer, director, managing employee, or
18owner of the certified recycling center, processor, distributor,
19beverage manufacturer, container manufacturer, or other entity.
27 The department may inspect the operations, processes, and
begin delete anyend delete entity required to submit a report to the
29department pursuant to this division to determine the accuracy of
30the report and compliance with the requirements of this division.
32 A violation of this section is subject to the penalties
33specified in Section 14591.1.
(a) Except as provided in subdivision (b), a certified
2recycling center shall accept from any consumer or dropoff or
3collection program any empty beverage container, and shall pay
4to the consumer or dropoff or collection program the refund value
5of the beverage container.
begin delete The center may pay the refund value
6based on the weight of returned containers.end delete
17(b) Any recycling center or processor
begin delete whichend delete was in
18existence on January 1, 1986, and
begin delete whichend delete refused, as of January
191, 1986, to accept at a particular location a certain type of empty
20beverage container may continue to refuse to accept at the location
21the type or types of empty beverage containers that the recycling
22center or processor refused to accept as of January 1, 1986.
begin delete Anyend delete
23 certified recycling center
begin delete whichend delete refuses, pursuant to this
24subdivision, to accept a certain type or types of empty beverage
25containers is not eligible to receive handling fees unless the center
26agrees to accept all types of empty beverage containers and is a
27supermarket site. This subdivision does not preclude the certified
28recycling center from receiving a handling fee for beverage
29containers redeemed at supermarket sites
begin delete whichend delete do accept all
30types of containers.
31(c) The department shall develop procedures by which recycling
32centers and processors
begin delete whichend delete meet the criteria of subdivision
33(b) may recertify to change the material types accepted.
34(d) (1) Only a certified recycling center may pay the refund
35value to consumers or dropoff or collection programs.
begin delete Noend delete person
36shall pay a noncertified recycler for empty beverage containers
begin delete whichend delete exceeds the current scrap value for each
38container type, which shall be determined in the following manner:
39(A) For a plastic or glass beverage container, the current scrap
40value shall be determined by the department.
P39 1(B) For an aluminum beverage container, the current scrap value
2shall be not greater than the amount paid to the processor for that
3aluminum beverage container, on the date the container was
4purchased, by the location of end use, as defined in the regulations
5of the department.
begin deleteNo end deleteperson begin delete mayend delete receive or retain, for empty
begin delete whichend delete come from out of state, any refund
8values, processing payments, or administrative fees for which a
9claim is made to the department against the fund.
10(3) Paragraph (1) does not affect curbside programs under
11contract with cities or counties.
(a) Except as provided in subdivision (b), in addition
15to any other applicable civil or criminal penalties,
begin delete anyend delete person
16convicted of a violation of this division is guilty of an infraction, which is
18punishable by a fine of one hundred dollars ($100) for each initial
19separate violation and not more than one thousand dollars ($1,000)
20for each subsequent separate violation per day.
21(b) (1) Every person who, with intent to defraud,
22 takes any of the following actions is guilty of
begin delete fraud:end delete
23(A) Submits a false or fraudulent claim for payment pursuant
24to Section 14573 or 14573.5.
25(B) Fails to accurately report the number of beverage containers
26sold, as required by subdivision (b) of Section 14550.
27(C) Fails to make payments as required by Section 14574.
28(D) Redeems out-of-state containers, rejected containers, line
29breakage, or containers that have already been redeemed.
30(E) Returns redeemed containers to the
32(F) Brings out-of-state containers, rejected containers, or line
33breakage to the marketplace for redemption.
34(G) Submits a false or fraudulent claim for handling fee
35payments pursuant to Section 14585.
36(2) If the money obtained or withheld pursuant to paragraph (1)
37exceeds nine hundred fifty dollars ($950),
begin delete the fraudend delete is begin delete punishableend delete
39 by imprisonment in
begin delete theend delete county jail for not
40more than one
begin delete year orend delete by a fine not exceeding ten thousand
P40 1dollars ($10,000), or by both, or by
2imprisonment pursuant to subdivision (h) of Section 1170 of the
3Penal Code for 16 months, two years, or three years,
begin delete orend delete
by a fine
4not exceeding twenty-five thousand dollars ($25,000) or twice the
5late or unmade payments plus interest, whichever is greater, or by
6both fine and imprisonment. If the money obtained or withheld
7pursuant to paragraph (1) equals, or is less than, nine hundred fifty
8dollars ($950), the
begin delete fraudend delete is begin delete punishableend delete
9 by imprisonment in
begin delete theend delete county jail for not more than six begin delete months by a fine not exceeding one thousand dollars ($1,000),
11or by both.
12(c) For purposes of this section and Chapter 8.5 (commencing
13with Section 14595), “line breakage”
and “rejected container”
14have the same meanings as defined in the regulations adopted or
15amended by the department pursuant to this division.
(a) The Renewable Resource Trust Fund is hereby
16created in the State Treasury.
17(b) The Emerging Renewable Resources Account is hereby
18established within the Renewable Resources Trust Fund.
19Notwithstanding Section 13340 of the Government Code, the
20moneys in the account are hereby continuously appropriated to
21the commission without regard to fiscal years for the following
23(1) To close out the award of incentives for emerging
24technologies in accordance with former Section 25744, as this law
25existed prior to the enactment of the Budget Act of 2012, for which
26applications had been approved before the enactment of the Budget
27Act of 2012.
28(2) To close out consumer education activities in accordance
29with former Section 25746, as this law existed prior to the
30enactment of the Budget Act of 2012.
34(c) The Controller shall provide to the commission funds
35pursuant to the continuous appropriation in, and for purposes
36specified in, subdivision (b).
37(d) The Controller shall provide to the commission moneys
38from the fund sufficient to satisfy all contract and grant awards
39that were made by the commission pursuant to former Sections
4025744 and 25746,
and Chapter 8.8 (commencing with Section
P44 125780), as these laws existed prior to the enactment of the Budget
2Act of 2012.
“Applicant” means, for the purposes of Article 2
6(commencing with Section 26060), a public agency as defined in
7paragraph (3) of subdivision (c) of Section 5898.20 of the Streets
8and Highways Code
10 and, for the purposes of Article 3 (commencing with Section
1126070), a financial institution providing a loan pursuant to that
12chapter to finance the installation of distributed generation
13renewable energy sources, electric vehicle charging infrastructure,
14or energy or water efficiency improvements.
“PACE program” means a program established by an
18applicant that is financed by the PACE bond.
The authority shall develop and administer a PACE
23Reserve program to reduce overall costs to the property owners
24of PACE bonds issued by an applicant by providing a reserve of
25no more than 10 percent of the initial principal amount of the PACE
An applicant shall submit to the authority an application
34providing a detailed description of the PACE program, a detailed
35description of the transactional activities associated with the PACE
36bond issuance, including all transactional costs, and other information deemed
39necessary by the authority.
(a) In evaluating eligibility, the authority shall consider
4whether the applicant’s PACE program includes the following
6(1) Loan recipients are legal owners of underlying property.
7(2) Loan recipients are current on mortgage and property tax
9(3) Loan recipients are not in default or in bankruptcy
11(4) Loans are for less than 10 percent of the value of the
13(5) The property is within the geographical boundaries of the
15(6) The program offers financing for energy efficiency
16improvements or electric vehicle charging infrastructure.
17(7) Improvements financed by the program follow applicable
18standards of energy efficiency retrofit work, including any
19guidelines adopted by the State Energy Resources Conservation
20and Development Commission.
21(b) In evaluating an application, the authority shall consider all
22of the following factors:
23(1) The use by the PACE program of best practices, adopted by
24the authority, to qualify eligible properties for participation in
25underwriting the PACE program.
26(2) The cost efficiency of the applicant’s PACE program,
27including bond issuance.
28(3) The projected number of jobs created by the PACE program.
29(4) The applicant’s PACE program requirements for quality
30assurance and consumer protection as related to achieving
31efficiency and clean energy production.
32(5) The mechanisms by which savings produced by this program
33are passed on to the property owners.
34(6) Any other factors deemed appropriate by the authority.
(a) The Ocean Protection Council is established in
38state government. The council consists of the Secretary of the
39 Resources Agency, the Secretary for Environmental
P46 1Protection, the Chair of the State Lands Commission, and two
2members of the public appointed by the Governor.
3(b) The two public members shall each serve a term of four
4years, and may each be reappointed to one additional term. The
5public members of the board shall be appointed on the basis of
6their educational and professional qualifications and their general
7knowledge of, interest in, and experience in the protection and
8conservation of coastal
waters and ocean ecosystems. One of the
9public members shall have a scientific professional background
10and experience in coastal and ocean ecosystems.
11(c) Except as provided in this section, members of the council
12shall serve without compensation. A member shall be reimbursed
13for actual and necessary expenses incurred in the performance of
14his or her duties, and in addition shall be compensated at one
15hundred dollars ($100) for each day during which the member is
16engaged in the performance of official duties of the council.
17Payment for actual and necessary expenses shall be paid only to
18the extent that those expenses are not provided or payable by
19another public agency. The total number of days for which a
20member shall be compensated may not exceed 25 days in any one
begin deleteAt end deletethe begin delete council’s first meeting in a the
25calendar year,end delete
begin delete councilend delete
begin delete elect a chair from among its voting members.end delete
(a) Under the direction of the Secretary of the
36 Resources Agency, the
begin delete executive officer of the State Coastal shall
begin delete act as secretary to the council,end delete
38 administer its affairs, and provide the staff services that the council
39needs to carry out this division, including, but not limited to, both
40of the following:
P47 1(1) Administering grants and expenditures authorized by the
2council from the fund or other sources, including, but not limited
3to, block grants from other state boards, commissions, or
5(2) Arranging meetings, agendas, and other administrative
6functions in support of the council.
7(b) The Legislature may make appropriations to be used for the
8purposes of this division directly to the
begin delete State Coastal Conservancy,end delete
9 for expenditures
10authorized by the council. If an expenditure has been approved by
11the council for the purposes of this division, approval of the
begin delete State is not required, except in the case
12Coastal Conservancyend delete
13of block grants provided by the council to be administered by the
begin delete State Coastal Conservancy.end delete
(a) The carpet stewardship organization submitting a
7carpet stewardship plan shall pay the department
begin delete an annualend delete administrative fee. The department shall set the fee at
9an amount that, when paid by every carpet stewardship organization
10that submits a carpet stewardship plan, is adequate to cover the
11department’s full costs of administering and enforcing this chapter,
12including any program development costs or regulatory costs
13incurred by the department prior to carpet stewardship plans being
14submitted. The department may establish a variable fee based on
15relevant factors, including, but not limited to, the portion of carpets
16sold in the state by members of the organization compared to the
17total amount of carpet sold in the state by all organizations
18submitting a carpet stewardship plan.
19(b) The total amount of
begin delete annualend delete fees collected pursuant
20to this section shall not exceed the amount necessary to recover
21costs incurred by the department in connection with the
22administration and enforcement of the requirements of this chapter.
23(c) The department shall identify the direct development or
24regulatory costs it incurs pursuant to this chapter prior to the
25submittal of a carpet stewardship plan and shall establish a fee in
26an amount adequate to cover those costs, which shall be paid by
27a carpet stewardship organization that submits a carpet stewardship
28plan. The fee established pursuant to this subdivision shall be paid
begin delete in three equal paymentsend delete pursuant to the schedule specified in
31(d) A carpet stewardship organization subject to this section
32shall pay the department the
begin delete feeend delete pursuant to subdivision (a) on or before July 1, 2012,
begin delete annuallyend delete thereafter and the applicable
36portion of the fee pursuant to subdivision (c) on July 1, 2012, and
begin delete annuallyend delete thereafter through July 1, 2014. Each
38year after the initial payment, the
begin delete annualend delete
begin delete feeend delete may not exceed
P49 15 percent of the aggregate
begin delete assessmentend delete collected for
2the preceding calendar year.
3(e) The department shall deposit the fees collected pursuant to
4this section into the Carpet Stewardship Account created pursuant
5to Section 42977.1.
(a) The department shall review the plan within 90
9days of receipt, and make a determination whether or not to
10approve the plan. The department shall approve the plan if it
11provides for the establishment of a paint stewardship program that
12meets the requirements of Section 48703.
13(b) (1) The approved plan shall be a public record, except that
14financial, production, or sales data reported to the department by
15a manufacturer or the stewardship organization is not a public
16record under the California Public Records Act, as described in
17Chapter 3.5 (commencing with Section 6250) of Division 7 of
18Title 1 of the Government Code and shall not be open to public
20(2) Notwithstanding paragraph (1), the department may release
21a summary form of financial, production, or sales data if it does
22not disclose financial, production, or sales data of a manufacturer
23or stewardship organization.
24(c) On or before July 1, 2012, or three months after a plan is
25approved pursuant to subdivision (a), whichever date is later, the
26manufacturer or stewardship organization shall implement the
27architectural paint stewardship program described in the approved
29(d) The department shall enforce this chapter.
30(e) (1) The stewardship organization shall pay the department
begin delete an annualend delete administrative fee pursuant to paragraph (2).
32(2) The department shall impose fees in an amount that is
33sufficient to cover the
begin delete department’send delete full costs of begin delete administering and enforcingend delete this chapter, including any program development costs or
36regulatory costs incurred by the department prior to the submittal
37of the stewardship plans. Fee revenues collected under this section shall only
40be used to administer and enforce this chapter.
P50 1(f) (1) A civil penalty may be administratively imposed by the
2department on any person who violates this chapter in an amount
3of up to one thousand dollars ($1,000) per violation per day.
4(2) A person who intentionally, knowingly, or negligently
5violates this chapter may be assessed a civil penalty by the
6department of up to ten thousand dollars ($10,000) per violation
13(a) For purposes of this part “office”
14 means the Office of Education and the Environment
15of the Department of Resources Recycling and Recovery, as
16established pursuant to this section.
begin delete(1)end delete begin delete end deleteThe Office of Education and the Environment previously
20established in the California Environmental Protection Agency is
21hereby established in the Department of Resources Recycling and
22Recovery. The office shall dedicate its effort to implementing the
begin delete educationalend delete program prescribed
24pursuant to this part. The office, through staffing and resources, shall
27give a high priority to implementing the statewide environmental
begin delete end delete begin delete
29(2) Any reference to the California Environmental Protection
30Agency in regard to this program shall be deemed a reference to
31the Department of Resource Recycling and Recovery.
begin delete end delete
32(c) The office, under the direction of the
begin delete Department of in cooperation
33Resources Recycling and Recovery,end delete
34with the State Department of Education and the State Board of
35Education, shall develop and implement a unified education
36strategy on the environment for elementary and secondary schools
37in the state. The office shall develop a unified education strategy
38to do all of the following:
39(1) Coordinate instructional resources and strategies for
40providing active pupil participation with onsite conservation efforts.
P52 1(2) Promote service-learning opportunities between schools and
3(3) Assess the impact to participating pupils of the unified
4education strategy on pupil
achievement and resource conservation.
5(d) The State Department of Education and the State Board of
6Education shall develop and
7implement to the extent feasible, a teacher training and
8implementation plan, to guide the implementation of the unified
9education strategy, for the education of pupils, faculty, and
10administrators on the importance of integrating environmental
11concepts and programs in schools throughout the state. The strategy
12shall project the phased implementation of elementary, middle,
13and high school programs.
14(e) In implementing this part, the office may hold public
15meetings to receive and respond to comments from affected state
16agencies, stakeholders, and the public regarding the development
17of resources and materials
pursuant to this part.
18(f) In implementing this part, the office shall coordinate with
19other agencies and groups with expertise in education and the
begin delete environment, including, but not limited to, the California
21Environmental Education Interagency Network.end delete
22(g) Any instructional materials developed pursuant to this part
23shall be subject to the requirements of Chapter 1 (commencing
24with Section 60000) of Part 33 of Division 4 of Title 2 of the
25Education Code, including, but not limited to, reviews for legal
26and social compliance before the materials may be used in
27elementary or secondary public schools.
(a) As part of the unified education
begin delete strategy,end delete the office, begin delete under the Secretary for
32direction of theend delete
begin delete in cooperation withend delete the Natural
34Resources Agency, the State Department of
begin delete Educationend delete
35 and the State Board of Education, shall develop education
36principles for the environment for elementary and secondary school
37pupils. The principles may be updated every four years beginning
38July 1, 2008. The principles shall be aligned to the academic
39content standards adopted by the State Board of Education pursuant
P53 1to Section 60605 of the Education Code. The principles shall be
2used to do all of the following:
3(1) To direct state agencies that include environmental education
4components for elementary and secondary education in regulatory
5decisions or enforcement actions.
6(2) To align state agency environmental education programs
7and materials that are developed for elementary and secondary
9(b) The education principles for the environment shall include,
10but not be limited to, concepts relating to the following topics:
11(1) Environmental sustainability.
16(6) Fish and wildlife resources.
18(8) Toxics and hazardous waste.
19(9) Integrated waste management.
20(10) Integrated pest management.
21(11) Public health and the environment.
22(12) Pollution prevention.
23(13) Resource conservation and recycling.
24(14) Environmental justice.
25(c) The principles shall be aligned to the applicable academic
26content standards adopted by the State Board of Education and
27shall not duplicate or conflict with any academic content standards.
28(d) (1) The education principles for the environment shall be
29incorporated, as the State Board of Education determines to be
30appropriate, in criteria developed for textbook adoption
31pursuant to Section 60200 or 60400 of the Education Code in
32science, mathematics, English/language arts, and history/social
34(2) If the State Board of Education determines that the education
35principles for the environment are not appropriate for inclusion in
36the textbook adoption criteria cited in paragraph (1), the State
37Board of Education shall collaborate with the office to make the
38changes necessary to ensure that the principles are included in the
39textbook adoption criteria in science, mathematics,
40English/language arts, and history/social sciences.
P54 1(e) If the content standards required pursuant to Section 60605
2of the Education Code are revised, the education principles for the
3environment shall be appropriately considered for inclusion into
4part of the revised academic content standards.
(a) Using the education principles for the environment
begin delete inend delete Section 71301, the office,
begin delete under the direction of theend delete Secretary for
begin delete shall develop, in cooperation withend delete the
11Natural Resources Agency, the State Department of Education,
12and the State Board of Education, a model
13environmental curriculum that incorporates these education
14principles for the environment. The model curriculum shall be
15aligned with applicable State Board of Education adopted academic
16content standards in Science, Mathematics, English/Language
17Arts, and History/Social Sciences, to the extent that any of those
18content areas are addressed in the model curriculum.
19(b) The model curriculum shall be submitted to the
begin delete Curriculum
20Development and Supplemental Materialsend delete
21 Commission for review. The commission shall submit its
22recommendation to the Secretary for Environmental Protection
23and to the Secretary of the Natural Resources
begin delete Agency by July 1,
25(1) The Secretary for Environmental Protection and the Secretary
26of the Natural Resources Agency shall review and comment on
begin delete curriculum by January 1, 2006.end delete
28(2) The model curriculum along with the comments by the
29Secretary for Environmental Protection and the Secretary of the
30Natural Resources Agency shall be submitted to the State Board
31of Education for its approval.
(a) As determined appropriate by the Superintendent
35of Public Instruction, the State Department of Education shall
36incorporate into publications that provide examples of curriculum
37resources for teacher use, those materials developed by the office
38that provide information on the education principles for the
begin delete required inend delete Section 71300.
P55 1(b) If the Superintendent of Public Instruction determines that
2materials developed by the office that provide information on the
3education principles for the environment are not appropriate for
4inclusion in publications that provide examples of curriculum
5resources for teacher use, the Superintendent of Public Instruction
6shall collaborate with the office to make the changes necessary to
7ensure that the materials are included in that information.
begin deleteThe model environmental curriculum approved by end deletethe State begin delete Boardend delete of Education,
begin delete pursuantend delete to
begin delete Section 71302 shall be made available byend delete the begin delete office elementary and secondary
15schools to the extent that funds are available for this purpose.
begin delete The
16State Department of Education shall make the model curriculum
17available electronically including posting the model curriculum
18on its Internet Web site.end delete
33 The State Department of Education, to the extent feasible
34and to the extent that funds are available for this purpose, shall
35encourage the development and use of instructional materials and
36active pupil participation in campus and community environmental
37education programs. To the extent feasible, the environmental
38education programs should be considered in the development and
39promotion of after school programs for elementary and secondary
40school pupils and state and local professional development
P56 1activities to provide teachers with content background and
2resources to assist in teaching about the environment.
begin delete end delete begin delete
3(e) (1) The California Environmental Protection Agency shall
4assume costs associated with the printing of the approved model
5curriculum as set forth in subdivision (c). The California
6Environmental Protection Agency shall use, for these purposes,
7funds that are available for its administrative costs.
begin delete end delete begin delete end delete begin delete
8(2) From funds available for its administrative costs, the State
9Department of Education shall post and maintain the model
10curriculum on its Internet Web site and pay any costs associated
11with any related online questionnaire on its Internet Web site as
12set forth in subdivision (c).
begin delete end delete begin delete
14 The State Department of Education shall explore
15implementation of this section from its baseline resources dedicated
16to this purpose and if funding is not available from that source,
17then funding may be provided to the department, pursuant to
18appropriation by the Legislature, under Section 71305.
(a) The office,
begin delete under the direction of theend delete Secretary for Environmental Protection,
23shall be responsible for the statewide coordination of regulatory
24administrative decisions that require the development or encourage
25the promotion of environmental education for elementary and
26secondary school pupils.
27(b) All California Environmental Protection Agency or Natural
28Resources Agency boards, departments, or offices that take
29regulatory actions or take enforcement actions requiring the
30development of, or encouraging the promotion of, environmental
31education for elementary and secondary school pupils shall, prior
32to adoption or approval of the action, seek comments on the action
33from the office in order to promote consistency with this part and
35(c) The office shall coordinate with all state agencies to develop
36and distribute environmental education materials.
(a) The Environmental Education Account is hereby
2established within the State Treasury. Moneys in the account may,
3upon appropriation by the Legislature, be expended by the
begin delete California Environmental Protection Agencyend delete for the
5purposes of this part. The
begin delete Secretary for Environmental Protectionend delete
6 shall administer
7this part, including, but not limited to, the account.
8(b) Notwithstanding any other law to the contrary, the
begin delete agencyend delete
9 may accept and receive federal, state, and local funds
10and contributions of funds from a public or private organization
11or individual. The account may also receive proceeds from a
12judgment in state
13or federal court, when the funds are contributed or the judgment
14specifies that the proceeds are to be used for the purposes of this
15part. The account may receive those funds, contributions, or
16proceeds from judgments, that are specifically designated for use
17for environmental education purposes. Private contributors shall
18not have the authority to further influence or direct the use of their
20(c) Notwithstanding any other law, a state agency that requires
21the development of, or encourages the promotion of, environmental
22education for elementary and secondary school pupils, may
23contribute to the account.
begin delete agencyend delete shall immediately deposit any funds
25contributed pursuant to subdivision (b) into the account.
26(e) The Legislature finds and declares that the maintenance of
27the account is of the utmost importance to the state and that it is
28essential that any moneys in the account be used solely for the
29purposes authorized in this section and not be used, loaned, or
30transferred for any other purposes. Further, state agencies that
31promote environmental education for elementary and secondary
32school pupils will benefit from the environmental curriculum
33adopted pursuant to this part and should provide equitable and
34balanced support for the program.
begin delete end delete begin delete
35(f) This section shall become operative on January 1, 2013.
begin delete end delete
(a) There is within the commission
begin delete a Divisionend delete of Ratepayer Advocates to represent and
40advocate on behalf of the interests of public utility customers and
P58 1subscribers within the jurisdiction of the commission. The goal of
begin delete divisionend delete shall be to obtain the lowest possible rate for
3service consistent with reliable and safe service levels. For revenue
4allocation and rate design matters, the
begin delete divisionend delete shall primarily
5consider the interests of residential and small commercial
7(b) The director of the
begin delete divisionend delete shall be appointed by, and
8serve at the pleasure of, the Governor, subject to confirmation by
10The director shall annually appear before the appropriate policy
11committees of the Assembly and the Senate to report on the
12activities of the
begin delete division.end delete
13(c) The director shall develop a budget for the
begin delete division whichend delete
14 shall be subject to final approval of the
begin delete commission. In the
15accordance withend delete
16approved budget, the
begin delete commission shall, by rule or order, provide employ
17for the assignment of personnel to, and the functioning of, the
18division. The division mayend delete
begin delete experts necessary and resources,
19to carry out its functions. Personnelend delete
20including attorneys and other legal
begin delete support, shall be provided by at a level sufficient
21the commission to the divisionend delete
22to ensure that customer and subscriber interests are effectively
23represented in all significant proceedings. The director may
25appoint a lead attorney who shall represent the
begin delete division,end delete
26 and shall report to and serve at the pleasure of the director.
begin delete All by the
27attorneys assignedend delete
begin delete commissionend delete to begin delete perform services for the divisionend delete shall begin delete report toend delete and begin delete be directedend delete
32 by the
begin delete appointed byend delete the begin delete director.end delete
36(d) The commission shall develop appropriate procedures to
37ensure that the existence of the
begin delete divisionend delete does not create a
38conflict of roles for any employee. The procedures shall include,
39but shall not be limited to, the development of a code of conduct
40and procedures for ensuring that advocates and their representatives
P59 1on a particular case or proceeding are not advising decisionmakers
2on the same case or proceeding.
begin delete divisionend delete may compel the production or disclosure
4of any information it deems necessary to perform its duties from
5any entity regulated by the commission, provided that any
6objections to any request for information shall be decided in writing
7by the assigned commissioner or by the president of the
8commission, if there is no assigned commissioner.
9(f) There is hereby created the Public Utilities Commission
10Ratepayer Advocate Account in the General Fund. Moneys from
11the Public Utilities Commission Utilities Reimbursement Account
12in the General Fund shall be transferred in the annual Budget Act
13to the Public Utilities Commission Ratepayer Advocate Account.
14The funds in the Public Utilities Commission Ratepayer Advocate
15Account shall be
16 utilized exclusively by the
begin delete divisionend delete in the performance of
17its duties as determined by the director. The director shall annually
18submit a staffing report containing a comparison of the staffing
19levels for each five-year period.
20(g) On or before January 10 of each year, the
begin delete commissionend delete
21 shall provide to the chairperson of the fiscal committee of each
22house of the Legislature and to the Joint Legislative Budget
23Committee all of the following information:
24(1) The number of personnel years
begin delete assigned toend delete
begin delete Divisionend delete of Ratepayer Advocates.
26(2) The total dollars expended by the
begin delete Divisionend delete of
27Ratepayer Advocates in the prior year, the estimated total dollars
28expended in the current year, and the total dollars proposed for
29appropriation in the following budget year.
30(3) Workload standards and measures for the
begin delete Divisionend delete
31 of Ratepayer Advocates.
begin delete divisionend delete shall meet and confer in an informal
33setting with a regulated entity prior to issuing a report or pleading
34to the commission regarding alleged misconduct, or a violation of
35a law or a commission rule or order, raised by the
begin delete divisionend delete
36 in a complaint. The meet and confer process shall be utilized in
37good faith to reach agreement on issues raised by the
begin delete divisionend delete
38 regarding any regulated entity in the complaint proceeding.
(a) In implementing the California Solar Initiative, the
11commission shall do all of the following:
12(1) The commission shall authorize the award of monetary
13incentives for up to the first megawatt of alternating current
14generated by solar energy systems that meet the eligibility criteria
15established by the State Energy Resources Conservation and
16Development Commission pursuant to Chapter 8.8 (commencing
17with Section 25780) of Division 15 of the Public Resources Code.
18The commission shall determine the eligibility of a solar energy
19system, as defined in Section 25781 of the Public Resources Code,
20to receive monetary incentives until the time the State Energy
21Resources Conservation and Development Commission establishes
22eligibility criteria pursuant to Section
25782. Monetary incentives
23shall not be awarded for solar energy systems that do not meet the
24eligibility criteria. The incentive level authorized by the
25commission shall decline each year following implementation of
26the California Solar Initiative, at a rate of no less than an average
27of 7 percent per year, and shall be zero as of December 31, 2016.
28The commission shall adopt and publish a schedule of declining
29incentive levels no less than 30 days in advance of the first decline
30in incentive levels. The commission may develop incentives based
31upon the output of electricity from the system, provided those
32incentives are consistent with the declining incentive levels of this
33paragraph and the incentives apply to only the first megawatt of
34electricity generated by the system.
35(2) The commission shall adopt a performance-based incentive
36program so that by January 1, 2008, 100 percent of incentives for
37solar energy systems of 100 kilowatts or
greater and at least 50
38percent of incentives for solar energy systems of 30 kilowatts or
39greater are earned based on the actual electrical output of the solar
40energy systems. The commission shall encourage, and may require,
P65 1performance-based incentives for solar energy systems of less than
230 kilowatts. Performance-based incentives shall decline at a rate
3of no less than an average of 7 percent per year. In developing the
4performance-based incentives, the commission may:
5(A) Apply performance-based incentives only to customer
6classes designated by the commission.
7(B) Design the performance-based incentives so that customers
8may receive a higher level of incentives than under incentives
9based on installed electrical capacity.
10(C) Develop financing options that help offset the installation
11costs of the solar energy
system, provided that this financing is
12ultimately repaid in full by the consumer or through the application
13of the performance-based rebates.
14(3) By January 1, 2008, the commission, in consultation with
15the State Energy Resources Conservation and Development
16Commission, shall require reasonable and cost-effective energy
17efficiency improvements in existing buildings as a condition of
18providing incentives for eligible solar energy systems, with
19appropriate exemptions or limitations to accommodate the limited
20financial resources of low-income residential housing.
21(4) Notwithstanding subdivision (g) of Section 2827, the
22commission may develop a time-variant tariff that creates the
23maximum incentive for ratepayers to install solar energy systems
24so that the system’s peak electricity production coincides with
25California’s peak electricity demands and that ensures that
receive due value for their contribution to the purchase
27of solar energy systems and customers with solar energy systems
28continue to have an incentive to use electricity efficiently. In
29developing the time-variant tariff, the commission may exclude
30customers participating in the tariff from the rate cap for residential
31customers for existing baseline quantities or usage by those
32customers of up to 130 percent of existing baseline quantities, as
33required by Section 80110 of the Water Code. Nothing in this
34paragraph authorizes the commission to require time-variant pricing
35for ratepayers without a solar energy system.
36(b) Notwithstanding subdivision (a), in implementing the
37California Solar Initiative, the commission may authorize the award
38of monetary incentives for solar thermal and solar water heating
39devices, in a total amount up to one hundred million eight hundred
40thousand dollars ($100,800,000).
P66 1(c) (1) In implementing the California Solar Initiative, the
2commission shall not allocate more than fifty million dollars
3($50,000,000) to research, development, and demonstration that
4explores solar technologies and other distributed generation
5technologies that employ or could employ solar energy for
6generation or storage of electricity or to offset natural gas usage.
7Any program that allocates additional moneys to research,
8development, and demonstration shall be developed in
9collaboration with the Energy Commission to ensure there is no
10duplication of efforts, and adopted by the commission through a
11rulemaking or other appropriate public proceeding. Any grant
12awarded by the commission for research, development, and
13demonstration shall be approved by the full commission at a public
14meeting. This subdivision does not prohibit the commission from
15continuing to allocate moneys to research, development, and
pursuant to the self-generation incentive program
17for distributed generation resources originally established pursuant
18to Chapter 329 of the Statutes of 2000, as modified pursuant to
20(2) The Legislature finds and declares that a program that
21provides a stable source of monetary incentives for eligible solar
22energy systems will encourage private investment sufficient to
23make solar technologies cost effective.
24(3) On or before June 30, 2009, and by June 30th of every year
25thereafter, the commission shall submit to the Legislature an
26assessment of the success of the California Solar Initiative program.
27That assessment shall include the number of residential and
28commercial sites that have installed solar thermal devices for which
29an award was made pursuant to subdivision (b) and the dollar value
30of the award, the number of residential and commercial sites that
installed solar energy systems, the electrical generating
32capacity of the installed solar energy systems, the cost of the
33program, total electrical system benefits, including the effect on
34electrical service rates, environmental benefits, how the program
35affects the operation and reliability of the electrical grid, how the
36program has affected peak demand for electricity, the progress
37made toward reaching the goals of the program, whether the
38program is on schedule to meet the program goals, and
39recommendations for improving the program to meet its goals. If
40the commission allocates additional moneys to research,
P67 1development, and demonstration that explores solar technologies
2and other distributed generation technologies pursuant to paragraph
3(1), the commission shall include in the assessment submitted to
4the Legislature, a description of the program, a summary of each
5award made or project funded pursuant to the program, including
6the intended purposes to be achieved by the particular award or
the results of each award or project.
8(d) (1) The commission shall not impose any charge upon the
9consumption of natural gas, or upon natural gas ratepayers, to fund
10the California Solar Initiative.
11(2) Notwithstanding any other provision of law, any charge
12imposed to fund the program adopted and implemented pursuant
13to this section shall be imposed upon all customers not participating
14in the California Alternate Rates for Energy (CARE) or family
15electric rate assistance (FERA) programs, including those
16residential customers subject to the rate cap required by Section
1780110 of the Water Code for existing baseline quantities or usage
18up to 130 percent of existing baseline quantities of electricity.
19(3) The costs of the program adopted and implemented pursuant
20to this section may not be recovered
from customers participating
21in the California Alternate Rates for Energy or CARE program
22established pursuant to Section 739.1, except to the extent that
23program costs are recovered out of the nonbypassable system
24benefits charge authorized pursuant to Section 399.8.
25(e) In implementing the California Solar Initiative, the
26commission shall ensure that the total cost over the duration of the
27program does not exceed three billion five hundred fifty million
28eight hundred thousand dollars ($3,550,800,000). The financial
29components of the California Solar Initiative shall consist of the
31(1) Programs under the supervision of the commission funded
32by charges collected from customers of San Diego Gas and Electric
33Company, Southern California Edison Company, and Pacific Gas
34and Electric Company. The total cost over the duration of these
35programs shall not exceed two billion
three hundred sixty-six
36million eight hundred thousand dollars ($2,366,800,000) and
37includes moneys collected directly into a tracking account for
38support of the California Solar Initiative.
39(2) Programs adopted, implemented, and financed in the amount
40of seven hundred eighty-four million dollars ($784,000,000), by
P68 1charges collected by local publicly owned electric utilities pursuant
2to Section 387.5. Nothing in this subdivision shall give the
3commission power and jurisdiction with respect to a local publicly
4owned electric utility or its customers.
5(3) Programs for the installation of solar energy systems on new
begin delete construction, administered by the State Energy Resources Commission,
7Conservation and Developmentend delete
9and funded by charges in the amount of four hundred million
10dollars ($400,000,000), collected from customers of San Diego
11Gas and Electric Company, Southern California Edison Company,
12and Pacific Gas and Electric Company.
28(4) The changes made to this subdivision by the act adding this
29paragraph do not authorize the levy of a charge or any increase in
30the amount collected pursuant to any existing charge, nor do the
31changes add to, or detract from, the commission’s existing authority
32to levy or increase charges.
(a) The holder of a state franchise shall comply with
36the provisions of Sections 53055, 53055.1, 53055.2, and 53088.2
37of the Government Code, and any other customer service standards
38pertaining to the provision of video service established by federal
39law or regulation or adopted by subsequent enactment of the
40Legislature. All customer service and consumer protection
P69 1standards under this section shall be interpreted and applied to
2accommodate newer or different technologies while meeting or
3exceeding the goals of the standards.
4(b) The holder of a state franchise shall comply with provisions
5of Section 637.5 of the Penal Code and the privacy standards
6contained in Section 551
begin delete et seq.end delete of Title 47 of the
7United States Code.
8(c) The local entity shall enforce all of the customer service and
9protection standards of this section with respect to complaints
10received from residents within the local entity’s jurisdiction, but
11it may not adopt or seek to enforce any additional or different
12customer service or other performance standards under Section
1353055.3 or subdivision (q), (r), or (s) of Section 53088.2 of the
14Government Code, or any other authority or provision of law.
15(d) The local entity shall, by ordinance or resolution, provide a
16schedule of penalties for any material breach by a holder of a state
17franchise of this section. No monetary penalties shall be assessed
18for a material breach if it is out of the reasonable control of the
19holder. Further, no monetary penalties may be imposed prior to
2007. Any schedule of monetary penalties adopted
21pursuant to this section shall in no event exceed five hundred
22dollars ($500) for each day of each material breach, not to exceed
23one thousand five hundred dollars ($1,500) for each occurrence
24of a material breach. However, if a material breach of this section
25has occurred, and the local entity has provided notice and a fine
26or penalty has been assessed, and if a subsequent material breach
27of the same nature occurs within 12 months, the penalties may be
28increased by the local entity to a maximum of one thousand dollars
29($1,000) for each day of each material breach, not to exceed three
30thousand dollars ($3,000) for each occurrence of the material
31breach. If a third or further material breach of the same nature
32occurs within those same 12 months, and the local entity has
33provided notice and a fine or penalty has been assessed, the
34penalties may be increased to a maximum of two thousand five
35hundred dollars ($2,500) for each day of each material breach, not
exceed seven thousand five hundred dollars ($7,500) for each
37occurrence of the material breach. With respect to video providers
38subject to a franchise or license, any monetary penalties assessed
39under this section shall be reduced dollar-for-dollar to the extent
40any liquidated damage or penalty provision of a current cable
P70 1television ordinance, franchise contract, or license agreement
2imposes a monetary obligation upon a video provider for the same
3customer service failures, and no other monetary damages may be
5(e) The local entity shall give the video service provider written
6notice of any alleged material breach of the customer service
7standards of this division and allow the video provider at least 30
8days from receipt of the notice to remedy the specified material
10(f) A material breach for the purposes of assessing penalties
11shall be deemed to have occurred
for each day within the
12jurisdiction of each local entity, following the expiration of the
13period specified in subdivision (e), that any material breach has
14not been remedied by the video service provider, irrespective of
15the number of customers or subscribers affected.
16(g) Any penalty assessed pursuant to this section shall be
17remitted to the local entity, which shall submit one-half of the
18penalty to the Digital Divide Account established in Section 280.5.
19(h) Any interested person may seek judicial review of a decision
20of the local entity in a court of appropriate jurisdiction. For this
21purpose, a court of law shall conduct a de novo review of any
23(i) This section shall not preclude a party affected by this section
24from utilizing any judicial remedy available to that party without
25regard to this
section. Actions taken by a local legislative body,
26including a local franchising entity, pursuant to this section shall
27not be binding upon a court of law. For this purpose, a court of
28law shall conduct de novo review of any issues presented.
29(j) For purposes of this section, “material breach” means any
30substantial and repeated failure of a video service provider to
31comply with service quality and other standards specified in
begin delete Divisionend delete of Ratepayer Advocates shall have
34authority to advocate on behalf of video subscribers regarding
35renewal of a state-issued franchise and enforcement of this section,
36and Sections 5890 and 5950. For this purpose, the
begin delete divisionend delete
37 shall have access to any information in the possession of the
38commission subject to all restrictions on disclosure of that
39information that are applicable to the commission.
(a) The Delta Stewardship Council is hereby established
33as an independent agency of the state.
begin delete(1)end delete begin delete end deleteThe council shall consist of seven voting members, of
35which four members shall be appointed by the Governor and
36confirmed by the Senate, one member shall be appointed by the
37Senate Committee on Rules, one member shall be appointed by
38the Speaker of the Assembly, and one member shall be the
39Chairperson of the Delta Protection Commission. Initial
40appointments to the council shall be made by July 1, 2010.
P73 1(2) No member of the council shall serve two consecutive terms,
2but a member may be reappointed after a period of two years
3following the end of his or her term.
4(c) (1) (A) The initial terms of two of the four members
5appointed by the Governor shall be four years.
6(B) The initial terms of two of the four members appointed by
7the Governor shall be six years.
8(C) The initial terms of the members appointed by the Senate
9Committee on Rules and the Speaker of the Assembly shall be
11(D) Upon the expiration of each term described in subparagraphs
12(A), (B), or (C), the term of each succeeding member shall be four
14(2) The Chairperson of the Delta Protection Commission shall
15serve as a member of the council for the period during which he
16or she holds the position as commission chairperson.
17(d) Any vacancy shall be filled by the appointing authority
18within 60 days. If the term of a council member expires, and no
19successor is appointed within the allotted timeframe, the existing
20member may serve up to 180 days beyond the expiration of his or
22(e) The council members shall select a chairperson from among
23their members, who shall serve for not more than four years in that
25(f) The council shall meet once a month in a public forum. At
26least two meetings each year shall take place at a location within
(a) On or before January 1, 2012, the Department of
31Forestry and Fire Protection shall report to the Joint Legislative
32Budget Committee on the steps taken by the Office of the State
33Fire Marshal to improve fire and panic safety with respect to green
34building standards. The report also shall describe all steps taken
35by the Office of the State Fire Marshal to better coordinate work
36on green building standards code development with the California
37Building Standards Commission and the Department of Housing
38and Community Development.
P74 1(b) (1) The requirement for submitting a report imposed under
2subdivision (a) is inoperative on January 1, 2016, pursuant to
3Section 10231.5 of the Government Code.
4(2) A report to be submitted pursuant to subdivision (a) shall
5be submitted in compliance with Section 9795 of the Government
It is the intent of the Legislature to enact statutory
28changes relating to the Budget Act of 2013.