Amended in Assembly August 26, 2013

Senate BillNo. 96


Introduced by Committee on Budget and Fiscal Review

January 10, 2013


begin deleteAn act relating to the Budget Act of 2013. end deletebegin insertAn act to amend Section 1352 of, to add Section 2850.5 to, and to repeal Section 712.5 of, the Fish and Game Code, to amend Sections 927.9, 11549.3, and 51018 of, and to add Section 1304 to, the Government Code, to amend Section 44299.91 of the Health and Safety Code, to amend Section 12211 of the Public Contract Code, to amend Sections 4785, 5018.1, 5080.18, 5096.650, 14538, 14539, 14549.5, 14553, 14572, 14591, 25751, 26052, 26055, 26060, 26062, 26063, 35600, 35605, 35625, 42977, 48704, 71300, 71301, 71302, 71303, 71304, and 71305 of, to add Sections 25711.5 and 25711.7 to, and to repeal Sections 4124 and 4515 of, the Public Resources Code, to amend Sections 309.5, 2851, and 5900 of, and to add Sections 318, 740.5, 854.5, and 2120 to, the Public Utilities Code, to add Section 104.22 to the Streets and Highways Code, and to amend Section 85200 of, and to add Section 10001.7 to, the Water Code, and to repeal Section 34 of Chapter 718 of the Statutes of 2010, relating to public resources, and making an appropriation therefor, to take effect immediately, bill related to the budget.end insert

LEGISLATIVE COUNSEL’S DIGEST

SB 96, as amended, Committee on Budget and Fiscal Review. Budget Act ofbegin delete 2013.end deletebegin insert 2013: public resources.end insert

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(1) Existing law requires that any moneys appropriated from the Public Resources Account in the Cigarette and Tobacco Products Surtax Fund for programs to protect, restore, enhance, or maintain waterfowl habitat be transferred to the Department of Fish and Wildlife for expenditure for those same purposes.

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Existing law requires that any moneys appropriated to the Department of Fish and Wildlife from the California Environmental License Plate Fund in an amount not to exceed the amount transferred to the Department of Fish and Wildlife pursuant to the above provisions be transferred to the Department of Parks and Recreation for expenditure for exclusive trust purposes that include, among other things, the acquisition, preservation, restoration, or any combination thereof, of natural areas or ecological reserves.

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This bill would repeal these provisions.

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(2) The Wildlife Conservation Law of 1947 authorizes the Wildlife Conservation Board to, among other things, authorize the Department of Fish and Wildlife to lease, sell, exchange, or otherwise transfer any real property, interest in real property, or option acquired by or held under the jurisdiction of the board or the department. The law also authorizes the board to authorize the department to lease degraded potential wildlife habitat real property to nonprofit organizations, local governmental agencies, or state and federal agencies if specified conditions are met. The law requires proceeds from specified transactions, including leases, entered into pursuant to these provisions to be deposited into the Wildlife Restoration Fund, except as provided.

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This bill would require any moneys received in the Wildlife Restoration Fund from leases pursuant to these provisions to be expended, upon appropriation, by the Department of Fish and Wildlife for the purposes of managing, maintaining, restoring, or operating lands owned and managed by the department.

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(3) The California Prompt Payment Act dictates that a state agency that fails to make a timely payment for goods or services acquired pursuant to a contract with a specified business or organization is subject to a late payment penalty. The act requires state agencies, on an annual basis within 90 calendar days following the end of each fiscal year, to provide the Director of General Services with a report on late payment penalties that were paid by the agency during the preceding fiscal year.

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This bill would exclude the Department of Forestry and Fire Protection from the above-described reporting requirements.

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(4) Existing law provides for the appointment of Members of the Legislature to various state boards and commissions.

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This bill would authorize the Speaker of the Assembly and the Senate Rules Committee to appoint a Member of the Legislature or legislative staff to serve as an alternate to a Member of the Legislature appointed to a state board or commission within the Natural Resources Agency in the Member’s absence.

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(5) Existing law creates the Office of Information Security in the Department of Technology, to ensure the confidentiality, integrity, and availability of state systems and applications, and to promote and protect consumer privacy to ensure the trust of the residents of the state. The office is under the direction of a director. Existing law authorizes the office to conduct, or require to be conducted, independent security assessments of any state agency, department, or office, the cost of which is required to be funded by the state agency, department, or office being assessed.

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This bill would prohibit the office from requiring an independent security assessment of the Department of Forestry and Fire Protection.

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(6) Existing law requires the State Fire Marshal to issue a report identifying pipeline leak incident rate trends, reviewing current regulatory effectiveness with regard to pipeline safety, and recommending any necessary changes to the Legislature. Existing law requires a pipeline operator, within 30 days of a pipeline rupture, explosion, or fire, to file a report with the State Fire Marshal.

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This bill would delete these requirements.

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(7) Existing law, the Highway Safety, Traffic Reduction, Air Quality, and Port Security Bond Act of 2006, approved by the voters as Proposition 1B at the November 7, 2006, statewide general election, authorizes the issuance of $19,925,000,000 of general obligation bonds for specified purposes, including schoolbus retrofit and replacement purposes. Existing law also establishes various programs for the reduction of vehicular air pollution, including the Lower-Emission School Bus Program adopted by the State Air Resources Board. Existing law appropriates funds to the state board and requires the state board to allocate these bond funds in specified ways, including funding to local air pollution control and air quality management districts.

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This bill would require funds authorized by the State Air Resources Board during or subsequent to the 2013-14 fiscal year to be allocated to local air pollution control and air quality management districts by prioritizing to retrofit or replace the most polluting schoolbuses in small local air pollution control and air quality management districts first and then medium local air pollution control and air quality management districts as defined by the state board. The bill would require each allocation to provide sufficient funding for at least one project to be implemented pursuant to the Lower-Emission School Bus Program. The bill, if a local air pollution control or air quality management district has unspent funds within 6 months of the expenditure deadline, would require the local air pollution control or air quality management district to work with the state board to transfer those funds to an alternative local air pollution control or air quality management district with existing demand.

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(8) Existing law requires a state agency to report annually to the Department of Resources Recycling and Recovery on its progress in meeting recycled product purchasing requirements and requires the Department of Resources Recycling and Recovery to provide this reported information to the Legislature in an agency-specific report.

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This bill would exempt the Department of Forestry and Fire Protection from this reporting requirement and would delete the requirement that the Department of Resources Recycling and Recovery provide the report to the Legislature.

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(9) Existing law requires the Department of Forestry and Fire Protection to submit an annual report to the Joint Legislative Budget Committee regarding emergency incidents.

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This bill would delete this requirement and other obsolete reporting provisions.

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(10) Existing law requires the State Board of Forestry and Fire Protection to submit a report to the Legislature on the actions taken by the board relating to forest practices, as provided. Existing law requires the Department of Forestry and Fire Protection to prepare reports for the board setting forth data as to the experiments conducted by the department, and existing law requires the board to make these reports available to the Legislature.

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This bill would delete the requirements that the board provide these reports to the Legislature.

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(11) Existing law authorizes the Department of Finance to delegate to the Department of Parks and Recreation the right to exercise the same authority granted to the Division of the State Architect and the Real Estate Services Division in the Department of General Services, to plan, design, construct, and administer contracts and professional services for legislatively approved capital outlay projects. This provision is repealed as of January 1, 2014.

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This bill would extend the repeal date to January 1, 2019.

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(12) Existing law authorizes the Department of Parks and Recreation to enter into contracts with natural persons, corporations, partnerships, and associations for the construction, maintenance, and operation of concessions within units of the state park system. Existing law requires those concession contracts to contain certain specified provisions, including a provision that the maximum term shall be 10 years, except that a term of more than 10 years may be provided if the Director of Parks and Recreation determines that the longer term is necessary to allow the concessionaire to amortize improvements made by the concessionaire, to facilitate the full utilization of a structure that is scheduled by the department for replacement or redevelopment, or to serve the best interests of the state. Existing law prohibits, with certain exceptions, the term of a concession contract from exceeding 20 years without specific authorization by statute.

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This bill would authorize the term to exceed 20 years for a concession agreement at Will Rogers State Beach executed prior to December 31, 1997, as provided, without specific authorization by statute upon approval by the director and pursuant to a determination by the director that the longer term is necessary to allow the concessionaire to amortize improvements made by the concessionaire that are anticipated to exceed $1,500,000 in capital improvements. The bill would prohibit the extension of the term from exceeding 15 years.

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(13) Existing law, the California Clean Water, Clean Air, and Safe Neighborhood Parks, and Coastal Protection Act of 2002, approved by the voters as Proposition 40 at the March 5, 2002, statewide primary election, authorizes the issuance of bonds in the amount of $2,600,000,000, for the purpose of financing a program for the acquisition, development, restoration, protection, rehabilitation, stabilization, reconstruction, preservation, and interpretation of park, coastal, agricultural land, air, and historical resources, as specified.

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Proposition 40 requires that a specified sum from the proceeds of bonds issued and sold under its provisions, which is available upon appropriation by the Legislature, be allocated to the State Air Resources Board for grants to air pollution control and air quality management districts pursuant to the Carl Moyer Memorial Air Quality Standards Attainment Program for projects that reduce air pollution that affects air quality in state and local park and recreation areas.

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This bill would require that allocations of these funds to the Lower-Emission School Bus Program be prioritized to retrofit or replace the most polluting schoolbuses in small local air quality management districts first and then to medium local air quality management districts as defined by the state board. The bill would require that each allocation for this purpose provide enough funding for at least one project to be implemented pursuant to the Lower-Emission School Bus Program. The bill, if a local air quality management district has unspent funds within 6 months of the expenditure deadline, would require the local air quality management district to work with the state board to transfer funds to an alternative local air quality management district with existing demand.

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(14) Existing law, the California Beverage Container Recycling and Litter Reduction Act, requires a distributor to pay a redemption payment for every beverage container sold or offered for sale in the state to the Department of Resources Recycling and Recovery. The act requires that every convenience zone be served by at least one certified recycling center and the department is required to certify recycling centers and processors for purposes of the act. The Director of Resources Recycling and Recovery is required to adopt, by regulation, procedures for the certification of recycling centers and processors.

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This bill would require the Department of Resources Recycling and Recovery to review whether an application for certification as a recycling center or processor, or renewal of a certification, is complete within 30 working days of receipt and if the department deems an application complete, the department would be required to approve or deny the application no later than 60 calendar days after the date when the application was deemed complete. The bill would also require, on and after January 1, 2014, an applicant for certification as a recycling center or processor, or for renewal of a certification, to complete a precertification training program and meet all other qualification requirements prescribed by the department, which would be authorized to include requiring the applicant to obtain a passing score on an examination administered by the department.

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(15) Existing law specifies requirements for the reports, claims, and information required to be submitted to the Department of Resources Recycling and Recovery pursuant to the act.

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This bill would instead require a person otherwise subject to these requirements to use the Division of Recycling Integrated Information System (DORIIS) or other system designated by the Department of Resources Recycling and Recovery for reporting, making, or claiming payments or providing other information for purposes of the act.

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(16) Existing law requires certified recycling centers to accept any empty beverage container from a consumer or dropoff or collection program and pay the refund value, which can be based on weight. Existing law requires the department to review and calculate the commingled rates paid for beverage containers and postfilled containers paid to curbside recycling programs, collection programs, and recycling centers.

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This bill would require, on and after September 1, 2013, a certified recycling center, for beverage containers redeemed by consumers, to pay the refund value based on the applicable segregated rate. The bill would delete recycling centers from those entities for which the department is required to calculate a commingled rate.

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(17) Existing law provides that a violation of the act is an infraction. The act also provides that a person who, with intent to defraud, takes specified actions, is guilty of fraud, punishable as specified.

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This bill would additionally provide that a person who violates a regulation adopted pursuant to the act is guilty of an infraction. The bill would instead specify that a person who, with intent to defraud, takes those actions knowingly is guilty of a crime, punishable as specified.

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(18) Because a violation of the act is a crime, the bill would impose a state-mandated local program by creating new crimes with regard to the submission of information to the department, the payment of refund values, and the violation of a regulation.

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(19) The California Constitution establishes the Public Utilities Commission, with jurisdiction over all public utilities, as defined. The Reliable Electric Service Investments Act required the Public Utilities Commission to require the state’s 3 largest electrical corporations, until January 1, 2012, to identify a separate electrical rate component, commonly referred to as the “public goods charge,” to collect specified amounts to fund energy efficiency, renewable energy, and research, development, and demonstration programs that enhance system reliability and provide in-state benefits. Existing decisions of the Public Utilities Commission institute an Electric Program Investment Charge (EPIC) to fund renewable energy and research, development, and demonstration programs.

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Existing law creates in the State Treasury the Electric Program Investment Charge Fund to be administered by the State Energy Resources Conservation and Development Commission and requires moneys received by the Public Utilities Commission for those programs the Public Utilities Commission has determined should be administered by the State Energy Resources Conservation and Development Commission to be forwarded by the Public Utilities Commission to the State Energy Resources Conservation and Development Commission at least quarterly for deposit in the fund.

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This bill would require the State Energy Resources Conservation and Development Commission, in administering moneys in the fund for research, development, and demonstration programs, to develop and administer the EPIC program for the purpose of awarding funds to projects that may lead to technological advancement and breakthroughs to overcome barriers that prevent the achievement of the state’s statutory energy goals and that may result in a portfolio of projects that is strategically focused and sufficiently narrow to make advancement on the most significant technological challenges. The bill would require the State Energy Resources Conservation and Development Commission, no later than April 30 of each year, to prepare and submit to the Legislature an annual report regarding the EPIC program.

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This bill would prohibit the Public Utilities Commission from requiring the collection of moneys pursuant to a specified decision and any amendments to that decision in an annual amount greater than the amount set forth in that decision of the Public Utilities Commission.

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(20) Existing law establishes the Emerging Renewable Resources Account, a continuously appropriated account, within the Renewable Resource Trust Fund for specified purposes related to renewable energy.

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This bill would additionally authorize the use of the moneys in the account for the purposes of funding the New Solar Homes Partnership. Because the bill would expand the purposes of a continuously appropriated account, the bill would make an appropriation.

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(21) Existing law defines a PACE program as a program that is financed by a PACE bond. Existing law requires the California Alternative Energy and Advanced Transportation Financing Authority to develop and administer a PACE Reserve program to reduce the overall costs to property owners of a Property Assessed Clean Energy bond, or PACE bond, issued by an applicant that has established a Property Assessed Clean Energy program, or PACE program, by providing a reserve of no more than 10% of the initial amount of the PACE bond. Existing law, in 2010, appropriates, until January 1, 2015, $50,000,000 from the Renewable Resource Trust Fund for the above purpose.

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This bill would additionally require the authority to develop and administer a PACE risk mitigation program for PACE loans to increase their acceptance in the marketplace and protect against the risk of default and foreclosure. The bill would additionally include a PACE loan program as a PACE program. Because this bill would expand the use of the moneys appropriated by existing law, this bill would make an appropriation.

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(22) Existing law requires the Department of Fish and Wildlife to regulate the protection of marine plants and animals in marine protected areas, as defined.

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Existing law establishes the Ocean Protection Council in state government, and prescribes the membership, terms of office, and functions and duties of the council.

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This bill would require that, commencing on July 1, 2013, the Ocean Protection Council assume responsibility for the direction of policy of marine protected areas.

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(23) Existing law requires that at the Ocean Protection Council’s first meeting in a calendar year, the council elect a chair from among its voting members.

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This bill would delete that requirement and would instead require that the Secretary of the Natural Resources Agency serve as the chairperson of the Ocean Protection Council, and that the Secretary for Environmental Protection serve as the vice chairperson of the council. The bill would require that the Assistant Secretary for Coastal Matters at the Natural Resources Agency be designated as the Deputy Secretary of the Natural Resources Agency for Ocean and Coastal Policy, and would require the deputy secretary to also serve as the executive director for the council.

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(24) Existing law authorizes the Legislature to make appropriations directly to the State Coastal Conservancy for expenditures authorized by the council for specified purposes related to the regulation of coastal development and protection.

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This bill would instead authorize the Legislature to make those appropriations directly to the Secretary of the Natural Resources Agency for those expenditures authorized by the council for specified purposes related to the regulation of coastal development and protection. The bill would also require that any bond funds received by the State Coastal Conservancy, on or before July 1, 2013, authorized to fund Ocean Protection Council’s programs be transferred to the Natural Resources Agency for use for those programs. The bill would provide for the transfer to the secretary of certain functions and duties of the State Coastal Conservancy with regard to the implementation of contracts and grants on behalf of the council.

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(25) The California Integrated Waste Management Act of 1989, administered by the Department of Resources Recycling and Recovery, requires a manufacturer of carpets sold in this state, individually or through a carpet stewardship organization, to submit a carpet stewardship plan to the department. A manufacturer or carpet stewardship organization submitting a carpet stewardship plan is required to pay the department an annual administrative fee, as determined by the department. The department is also required to identify the direct development or regulatory costs incurred by the department prior to the submittal of carpet stewardship plans and to establish a fee in an amount adequate to cover those costs, that is required to be paid in 3 equal payments by a carpet stewardship organization that submits a carpet stewardship plan. Existing law establishes the Carpet Stewardship Account in the Integrated Waste Management Fund and requires these fees to be deposited in that account, for expenditure by the department, upon appropriation by the Legislature, to cover the department’s cost to implement the carpet stewardship program provisions.

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This bill would instead require a carpet stewardship organization to pay these fees quarterly to the Department of Resources Recycling and Recovery and would make conforming changes regarding those requirements.

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(26) The act requires a manufacturer of architectural paint or designated stewardship organization to submit to the Department of Resources Recycling and Recovery an architectural paint stewardship plan to develop and implement a recovery program to manage the end of life of postconsumer architectural paint. A stewardship organization is required to pay the department an annual administrative fee in the amount that is sufficient to cover the department’s full costs of administering and enforcing the program. The fee is required to be deposited in the Architectural Paint Stewardship Account in the Integrated Waste Management Fund, which may be expended by the department, upon appropriation by the Legislature, to cover the department’s costs to implement the architectural paint stewardship program provisions.

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This bill would require the stewardship organization to pay the fees quarterly and would require the Department of Resources Recycling and Recovery to impose the fees in an amount that includes any program development costs or regulatory costs incurred by the department prior to the submittal of the stewardship plans.

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(27) Existing law establishes the Office of Education and the Environment in the Department of Resources Recycling and Recovery to implement the statewide environmental educational program and requires the office, in cooperation with the State Department of Education and the State Board of Education, to develop and implement a unified education strategy on the environment for elementary and secondary schools in the state. The Governor’s Reorganization Plan No. 2 of 2012, which will become effective July 1, 2013, provides that CalRecycle is transferred from the Natural Resources Agency to the California Environmental Protection Agency.

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This bill would make conforming changes with regard to the establishment of the office in the Department of Resources Recycling and Recovery.

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(28) Existing law requires the Office of Education and the Environment to develop a model environmental curriculum incorporating certain environmental principles and to submit the model curriculum to the Curriculum Development and Supplemental Materials Commission for review, as prescribed.

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This bill would instead require the model curriculum to be submitted to the Instructional Quality Commission for review.

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(29) Existing law requires the State Department of Education to make the curriculum available electronically and requires the California Environmental Protection Agency to assume the costs associated with the printing of the approved model curriculum.

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This bill would instead require the Department of Resources Recycling and Recovery to make the curriculum available electronically and would delete the requirement with regard to the assumption of those costs. The bill would require the department to coordinate with specified state agencies to facilitate use of the model environmental curriculum and would authorize the department and those state agencies to collaborate with other specified entities to implement the program.

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(30) Existing law establishes the Environmental Education Account in the State Treasury and authorizes the California Environmental Protection Agency to expend the moneys in the account, upon appropriation by the Legislature, for purposes of the program.

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This bill would instead authorize the Department of Resources Recycling and Recovery to expend the funds in the account.

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(31) Existing law establishes the Division of Ratepayer Advocates within the Public Utilities Commission to represent the interests of public utility customers and subscribers, with the goal of obtaining the lowest possible rate for service consistent with reliable and safe service levels. Existing law requires the Director of the Division of Ratepayer Advocates to submit a budget to the Public Utilities Commission for final approval. Existing law authorizes the director of the division to appoint a lead attorney to represent the division and requires all attorneys assigned by the Public Utilities Commission to perform services for the division to report to and be directed by the lead attorney for the division.

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This bill would rename the Division of Ratepayer Advocates the Office of Ratepayer Advocates and would require that the director of the office develop a budget for the office that would be submitted to the Department of Finance for final approval. The bill would require the lead attorney to obtain adequate legal personnel for the work to be conducted by the office from the Public Utilities Commission’s attorney and requires the Public Utilities Commission’s attorney to timely and appropriately fulfill all requests for legal personnel made by the lead attorney for the office, provided the office has sufficient moneys and positions in its budget for the services requested.

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(32) Existing law establishes the Public Utilities Commission Utilities Reimbursement Account and authorizes the Public Utilities Commission to annually determine a fee to be paid by every public utility providing service directly to customers or subscribers and subject to the jurisdiction of the Public Utilities Commission, except for a railroad corporation. The Public Utilities Commission is required to establish the fee, with the approval of the Department of Finance, to produce a total amount equal to that amount established in the authorized Public Utilities Commission budget for the same year, and an appropriate reserve to regulate public utilities, less specified sources of funding.

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This bill would require the Public Utilities Commission to conduct a zero-based budget for all of its programs by January 10, 2015.

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(33) Existing law authorizes certain public utilities, including electrical corporations and gas corporations, as defined, to propose research and development programs and authorizes the Public Utilities Commission to allow inclusion of expenses for research and development in rates. Existing law requires the Public Utilities Commission to consider specified guidelines in evaluating the research, development, and demonstration programs proposed by electrical corporations and gas corporations.

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This bill would prohibit the Public Utilities Commission, in implementing the 21st Century Energy System Decision, as defined, from authorizing recovery from ratepayers of any expense for research and development projects that are not for purposes of cyber security and grid integration and would limit total funding for research and development projects for the purposes of cyber security and grid integration from exceeding $35,000,000. The bill would require that all cyber security and grid integration research and development projects be concluded by the 5th anniversary of their start date. The bill would prohibit the Public Utilities Commission from approving recovery from ratepayers of certain program management expenditures proposed in the 21st Century Energy System Decision proceeding. The bill would require the Public Utilities Commission to require the Lawrence Livermore National Laboratory, Pacific Gas and Electric Company, Southern California Edison Company, and San Diego Gas and Electric Company to ensure that research parameters reflect a new contribution to cyber security and grid integration and that there not be a duplication of research being done by other private and governmental entities. The bill would require the participating electrical corporations to jointly report specified information to the Public Utilities Commission by December 1, 2013, and 60 days following conclusion of all research and development projects, and would require the Public Utilities Commission, upon determining that each report is sufficient, to report that information to the Legislature.

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(34) Existing law requires the Public Utilities Commission, by January 10 of each year, to report to the Joint Legislative Budget Committee and appropriate fiscal and policy committees of the Legislature on all sources and amounts of funding and actual and proposed expenditures, including any costs to ratepayers, related to specified entities or programs established by the Public Utilities Commission by order, decision, motion, settlement, or other action, including, but not limited to, the California Clean Energy Fund, the California Emerging Technology Fund, and the Pacific Forest and Watershed Lands Stewardship Council, and any entities or programs, other than those expressly authorized by statute, that are established by the Public Utilities Commission under specified statutes.

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This bill would prohibit the Public Utilities Commission, by order, decision, motion, settlement, or other action, from establishing a nonstate entity, as defined, with any moneys other than those moneys that would otherwise belong to the public utility’s shareholders. The bill would prohibit the Public Utilities Commission from entering into a contract with any nonstate entity in which a person serves as an owner, director, or officer while serving as a commissioner. The bill would provide that any contract between the Public Utilities Commission and a nonstate entity is void and ceases to exist by operation of law if a person who was a commissioner at the time the contract was awarded, entered into, or extended, on or after January 1, 2014, becomes an owner, director, or officer of the nonstate entity while serving as a commissioner.

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(35) The California Constitution provides that the Legislature may remove a commissioner of the Public Utilities Commission for incompetence, neglect of duty, or corruption, 23 of the membership of each house concurring.

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This bill would, beginning June 1, 2014, provide that a commissioner who acts as an owner, director, or officer of a nonstate entity that was established prior to January 1, 2014, as a result of an order, decision, motion, settlement, or other action by the Public Utilities Commission in which the commissioner participated, neglects his or her duty and may be removed pursuant to the California Constitution.

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(36) The Public Utilities Act provides for the imposition of fines and penalties by the Public Utilities Commission for various violations of the act and provides that any public utility that violates any provision of the California Constitution or the act, or that fails or neglects to comply with any order, decision, decree, rule, direction, demand, or requirement of the Public Utilities Commission, where a penalty has not otherwise been provided, is subject to a penalty of not less than $500 and not more than $50,000 for each offense. The act authorizes the Public Utilities Commission to bring an action to recover fines and penalties imposed pursuant to the act in the superior court and requires that all fines and penalties recovered by the state in an action filed in the superior court, together with the costs of bringing the action, be paid into the State Treasury to the credit of the General Fund.

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This bill would prohibit the Public Utilities Commission from distributing, expending, or encumbering any moneys received by the Public Utilities Commission as a result of any Public Utilities Commission proceeding or judicial action until the Public Utilities Commission provides the Director of Finance with written notification of the receipt of the moneys and the basis for these moneys being received by the Public Utilities Commission and the director provides not less than 60 days written notice to the Chairperson of the Joint Legislative Budget Committee and the chairs of the appropriate budget subcommittees of the Assembly and Senate of the receipt of the moneys and the basis for those moneys being received by the Public Utilities Commission.

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(37) Decisions of the Public Utilities Commission adopted the California Solar Initiative. Existing law requires the Public Utilities Commission to undertake certain steps in implementing the California Solar Initiative. Existing law requires the Public Utilities Commission to ensure that the total cost of the California Solar Initiative over the duration of the program does not exceed $3,350,000,000, including $400,000,000 from the Emerging Renewable Resources Account within the Renewable Resource Trust Fund, for programs for the installation of solar energy systems, as defined, on new construction administered by the State Energy Resources Conservation and Development Commission, known as the New Solar Homes Partnership Program.

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This bill would authorize the Public Utilities Commission, if it is notified by the State Energy Resources Conservation and Development Commission that funding available pursuant to the Emerging Renewable Resources Account for the New Solar Homes Partnership Program has been exhausted, to require an electrical corporation to continue administration of the program pursuant to the guidelines established for the program by the State Energy Resources Conservation and Development Commission, until the funding limit of $400,000,000 has been reached. The bill would require the Public Utilities Commission, in consultation with the State Energy Resources Conservation and Development Commission, to supervise the administration of the continuation of the New Solar Homes Partnership Program by an electrical corporation. The bill would authorize an electrical corporation to elect to have a 3rd party administer the utility’s continuation of the program.

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(38) Existing law authorizes the Department of Transportation to acquire real property for state highway purposes. Existing law specifies various procedures to be followed by the department when it determines that real property acquired for state highway purposes is no longer necessary for those purposes, generally under terms and conditions established by the California Transportation Commission.

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This bill would require the Department of Transportation to transfer certain real property it owns in the City of San Diego to the Department of Parks and Recreation for incorporation into the state park system. The bill would require the transfer to be completed within 90 days of the effective date of the bill. The bill would make various findings and declarations in that regard.

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(39) Under existing law, the Department of Water Resources operates the State Water Project and exercises other functions relating to the state’s water resources. Under the Federal Power Act, the Federal Energy Regulatory Commission, or FERC, is responsible for the relicensing of federally licensed hydroelectric power projects.

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This bill would require the Director of Finance to notify the Joint Legislative Budget Committee of any hydroelectric power project relicensing proposal for the FERC that, if approved by the Department of Water Resources, would obligate the General Fund in the current or future years. This bill would authorize the department to approve that relicensing proposal not less than 30 days after the director notifies the committee.

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(40) Existing law, the Sacramento-San Joaquin Delta Reform Act of 2009, establishes the Delta Stewardship Council, consisting of 7 voting members. Existing law prohibits a member of the council from serving 2 consecutive terms, but permits a member to be reappointed after a period of 2 years following the end of his or her term.

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This bill would eliminate the above-described prohibition.

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(41) The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.

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This bill would provide that no reimbursement is required by this act for a specified reason.

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(42) This bill would reappropriate to the Coachella Valley Mountains Conservancy the balance of a specified appropriation made in the Budget Act of 2010, the moneys to be available for capital outlay or local assistance until June 30, 2016.

end insert
begin insert

(43) This bill would declare that it is to take effect immediately as a bill providing for appropriations related to the Budget Bill.

end insert
begin delete

This bill would express the intent of the Legislature to enact statutory changes relating to the Budget Act of 2013.

end delete

Vote: majority. Appropriation: begin deleteno end deletebegin insertyesend insert. Fiscal committee: begin deleteno end deletebegin insertyesend insert. State-mandated local program: begin deleteno end deletebegin insertyesend insert.

The people of the State of California do enact as follows:

P17   1begin insert

begin insertSECTION 1.end insert  

end insert

begin insertSection 712.5 of the end insertbegin insertFish and Game Codeend insertbegin insert is
2repealed.end insert

begin delete
3

712.5.  

(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.

end delete
17begin insert

begin insertSEC. 2.end insert  

end insert

begin insertSection 1352 of the end insertbegin insertFish and Game Codeend insertbegin insert is amended
18to read:end insert

19

1352.  

(a) The money in the Wildlife Restoration Fund, as
20provided for by Section 19632 of the Business and Professions
21Code, is available for expenditure under any provision of this
22chapter.

23(b) All federal moneys made available for projects authorized
24by the board shall be deposited in the Wildlife Restoration Fund.
25Any unexpended balances ofbegin delete suchend deletebegin insert theend insert federal moneys remaining
26on or after June 30, 1979, in any other fund shall be transferred to
27the Wildlife Restoration Fund.

begin insert

28(c) Any moneys received in the Wildlife Restoration Fund from
29leases authorized pursuant to paragraph (2) or (3) of subdivision
30(c) of Section 1348 shall be expended, upon appropriation, by the
31department for the purposes of managing, maintaining, restoring,
32or operating lands owned and managed by the department.

end insert
33begin insert

begin insertSEC. 3.end insert  

end insert

begin insertSection 2850.5 is added to the end insertbegin insertFish and Game Codeend insertbegin insert,
34to read:end insert

begin insert
35

begin insert2850.5.end insert  

Notwithstanding any other law and consistent with the
36authority granted under Section 2860, commencing on July 1,
372013, the Ocean Protection Council shall assume responsibility
38for the direction of policy of marine protected areas (MPAs).

end insert
P18   1begin insert

begin insertSEC. 4.end insert  

end insert

begin insertSection 927.9 of the end insertbegin insertGovernment Codeend insertbegin insert is amended to
2read:end insert

3

927.9.  

(a) begin deleteOn end deletebegin insertExcept as provided in subdivision (c), on end insertan
4annual basis, within 90 calendar days following the end of each
5fiscal year, state agencies shall provide the Director of General
6Services with a report on late payment penalties that were paid by
7the state agency in accordance with this chapter during the
8preceding fiscal year.

9(b) The report shall separately identify the total number and
10dollar amount of late payment penalties paid to small businesses,
11other businesses, and refunds or other payments to individuals.
12State agencies may, at their own initiative, provide the director
13with other relevant performance measures. The director shall
14prepare a report separately listing the number and total dollar
15amount of all late payment penalties paid to small businesses, other
16businesses, and refunds and other payments to individuals by each
17state agency during the preceding fiscal year, together with other
18relevant performance measures, and shall make the information
19available to the public.

begin insert

20(c) The reporting requirements of subdivisions (a) and (b) are
21not applicable to the Department of Forestry and Fire Protection.

end insert
begin insert22

begin insertSEC. 5.end insert  

Section 1304 is added to the Government Code, to
23read:

24

begin insert1304.end insert  

(a) The Speaker of the Assembly or the Senate Committee
25on Rules may appoint a Member of the Legislature or legislative
26staff to serve as an alternate for a Member of the Legislature
27appointed to a state board or commission within the Natural
28Resources Agency in the Member’s absence.

29(b) An alternate designated pursuant to this section shall
30exercise all of the rights, privileges, and powers that are available
31to the Member with respect to serving on the board or commission
32within the Natural Resources Agency. The alternate designated
33pursuant to this section may not vote and shall adhere to the same
34rules of conduct as a voting member and serve at the pleasure of
35the Speaker of the Assembly or the Senate Committee on Rules.

36(c) An alternate designated pursuant to this section shall serve
37on the board or commission within the Natural Resources Agency
38only during the period for which the Member may serve on the
39board or commission.

end insert
P19   1begin insert

begin insertSEC. 6.end insert  

end insert

begin insertSection 11549.3 of the end insertbegin insertGovernment Codeend insertbegin insert is amended
2to read:end insert

3

11549.3.  

(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 forbegin delete allend deletebegin insert bothend insert of the following:

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
18and machines.

19(B) Information that is identified as mission critical, confidential,
20sensitive, or personal, as defined and published by thebegin delete office.end deletebegin insert Office
21of Information Security.end insert

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
25privacy incidents.

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
33policies and standards.

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
40privacy.

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,
4performingbegin delete allend deletebegin insert bothend insert 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.

11(c) begin deleteThe end deletebegin insert(1)end insertbegin insertend insertbegin insertExcept as provided in paragraph (2), the end insertoffice may
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
15being assessed.

begin insert

16(2) The office shall not conduct, or require to be conducted,
17independent security assessments of the Department of Forestry
18and Fire Prevention.

end insert

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 thebegin delete Californiaend deletebegin insert Department ofend insert
23 Technologybegin delete Agencyend delete any state agency found to be noncompliant
24with information security program requirements.

25begin insert

begin insertSEC. 7.end insert  

end insert

begin insertSection 51018 of the end insertbegin insertGovernment Codeend insertbegin insert is amended to
26read:end insert

27

51018.  

(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
33Agency.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) Thebegin delete Californiaend deletebegin insert Office ofend insert Emergencybegin delete Management
39Agencyend delete
begin insert Servicesend insert shall immediately notify the State Fire Marshal
40of the incident, who shall immediately dispatchbegin delete his or herend deletebegin insert State
P21   1Fire Marshalend insert
employees to the scene. The State Fire Marshal or
2begin delete his or herend deletebegin insert theend insert 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 incident.

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
23(a).

begin delete end deletebegin delete

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.

end delete
begin delete end deletebegin delete

37(e)

end delete

38begin insert (d)end insert This section does not preempt any other applicable federal
39or state reporting requirement.

begin delete

40(f)

end delete

P22   1begin insert (e)end insert 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.

begin delete

5(g)

end delete

6begin insert (f)end insert 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.

9begin insert

begin insertSEC. 8.end insert  

end insert

begin insertSection 44299.91 of the end insertbegin insertHealth and Safety Codeend insertbegin insert is
10amended to read:end insert

11

44299.91.  

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
32scrapped.

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 State Air
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
12demand.

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.

begin insert

17(i) Funds authorized by the State Air Resources Board during
18or subsequent to the 2013-14 fiscal year shall be allocated to local
19air districts by prioritizing to retrofit or replace the most polluting
20schoolbuses in small local air districts first and then medium local
21air districts as defined by the State Air Resources Board. Each
22allocation shall provide sufficient funding for at least one project
23to be implemented pursuant to the Lower-Emission School Bus
24Program adopted by the State Air Resources Board. If a local air
25district has unspent funds within six months of the expenditure
26deadline, the local air district shall work with the State Air
27Resources Board to transfer those funds to an alternative local
28air district with existing demand.

end insert
29begin insert

begin insertSEC. 9.end insert  

end insert

begin insertSection 12211 of the end insertbegin insertPublic Contract Codeend insertbegin insert is amended
30to read:end insert

31

12211.  

(a) begin deleteEach end deletebegin insert(1)end insertbegin insertend insertbegin insertExcept as provided in paragraph (2), a end insert
32state agency shall report annually to the boardbegin delete theirend deletebegin insert itsend insert progress in
33meeting the recycled product purchasing requirements using the
34SABRC report format provided by thebegin delete board.end deletebegin insert Department of
35Resources Recycling and Recovery.end insert

begin insert

36(2) The reporting requirement in paragraph (1) does not apply
37to the Department of Forestry and Fire Protection.

end insert

38(b) On or before October 31 of each year, the department shall
39provide to thebegin delete boardend deletebegin insert Department of Resources Recycling and
40Recoveryend insert
the following information:

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.

begin delete end deletebegin delete

10(c) The board shall annually provide an agency-specific report
11to the Legislature identifying all state agency SABRC reporting
12figures.

end delete
begin delete end deletebegin delete end deletebegin delete

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.

end delete
begin delete end delete
18begin insert

begin insertSEC. 10.end insert  

end insert

begin insertSection 4124 of the end insertbegin insertPublic Resources Codeend insertbegin insert is
19repealed.end insert

begin delete
20

4124.  

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 the
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
6vendor costs.

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
13resources.

14(6) Whether the state’s costs to respond to the incident are
15eligible for reimbursement from the federal government or a local
16government.

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.

end delete
30begin insert

begin insertSEC. 11.end insert  

end insert

begin insertSection 4515 of the end insertbegin insertPublic Resources Codeend insertbegin insert is
31repealed.end insert

begin delete
32

4515.  

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.

end delete
38begin insert

begin insertSEC. 12.end insert  

end insert

begin insertSection 4785 of the end insertbegin insertPublic Resources Codeend insertbegin insert is
39amended to read:end insert

P26   1

4785.  

The department shall from time to time prepare reports
2setting forth data as tobegin delete theend delete experimentsbegin delete soend delete conducted andbegin delete itsend deletebegin insert the
3department’send insert
findings and conclusions with referencebegin delete theretoend deletebegin insert to
4those experimentsend insert
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

8begin insert

begin insertSEC. 13.end insert  

end insert

begin insertSection 5018.1 of the end insertbegin insertPublic Resources Codeend insertbegin insert is
9amended to read:end insert

10

5018.1.  

(a) Notwithstanding any otherbegin delete provision ofend delete law, the
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,begin delete 2014.end deletebegin insert 2019.end insert

22(c) This section shall remain in effect only until January 1,begin delete 2014,end delete
23begin insert 2019,end insert and as of that date is repealed, unless a later enacted statute,
24that is enacted before January 1,begin delete 2014,end deletebegin insert 2019,end insert deletes or extends
25that date.

26begin insert

begin insertSEC. 14.end insert  

end insert

begin insertSection 5080.18 of the end insertbegin insertPublic Resources Codeend insertbegin insert is
27amended to read:end insert

28

5080.18.  

All concession contracts entered into pursuant to this
29article shall contain, but are not limited to, all of the following
30provisions:

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 the concession
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.

begin insert

7(3) Notwithstanding paragraph (1), a concession agreement at
8Will Rogers State Beach executed prior to December 31, 1997,
9including, but not limited to, an agreement signed pursuant to
10Section 25907 of the Government Code, may be extended to exceed
1120 years in total length without specific authorization by statute,
12upon approval by the director and pursuant to a determination by
13the director that the longer term is necessary to allow the
14concessionaire to amortize improvements made by the
15concessionaire that are anticipated to exceed one million five
16hundred thousand dollars ($1,500,000) in capital improvements.
17Any extensions granted pursuant to this paragraph shall not be
18for more than 15 years.

end insert

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.

39begin insert

begin insertSEC. 15.end insert  

end insert

begin insertSection 5096.650 of the end insertbegin insertPublic Resources Codeend insertbegin insert is
40amended to read:end insert

P28   1

5096.650.  

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
26schedule:


27

 

(1)

To the State Coastal Conservancy   

 $200,000,000

(2)

To the California Tahoe Conservancy   

$ 40,000,000

(3)

To the Santa Monica Mountains Conservancy   

$ 40,000,000

(4)

To the Coachella Valley Mountains Conservancy   

$ 20,000,000

(5)

To the San Joaquin River Conservancy   

$ 25,000,000

(6)

To the San Gabriel and Lower Los Angeles Rivers

and Mountains Conservancy   

$ 40,000,000

(7)

To the Baldwin Hills Conservancy   

$ 40,000,000

(8)

To the San Francisco Bay Area Conservancy

Program   

$ 40,000,000

P28  38

 

39(c) The sum of three hundred seventy-five million dollars
40($375,000,000) shall be available for grants to public agencies and
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) begin insert(1)end insertbegin insertend insertThe 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. Eachbegin insert airend insert 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 tobegin delete aend deletebegin insert an
30airend insert
district may be used to cover the costs associated with
31implementing the grant program.

begin insert

32(2) Allocations of funds pursuant to this subdivision to the
33Lower-Emission School Bus Program shall be prioritized to retrofit
34or replace the most polluting schoolbuses in small air districts
35first and then to medium air districts as defined by the State Air
36Resources Board. Each allocation for this purpose shall provide
37enough funding for at least one project to be implemented pursuant
38to the Lower-Emission School Bus Program adopted by the State
39Air Resources Board. If a local air district has unspent funds within
40six months of the expenditure deadline, the air district shall work
P30   1with the State Air Resources Board to transfer funds to an
2alternative air district with existing demand.

end insert

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
7following schedule:

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
13programs.

14(f) The sum of seventy-five million dollars ($75,000,000) shall
15be 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).

22begin insert

begin insertSEC. 16.end insert  

end insert

begin insertSection 14538 of the end insertbegin insertPublic Resources Codeend insertbegin insert is
23amended to read:end insert

24

14538.  

begin insert

(a) (1) The department shall certify the operators of
25recycling centers pursuant to this section.

end insert
begin insert

26(2) The department shall review whether an application for
27certification or renewal is complete within 30 working days of
28receipt, including compliance with subdivision (c). If the
29department deems an application complete, the department shall
30approve or deny the application no later than 60 calendar days
31after the date when the application was deemed complete.

end insert
begin delete

32(a)

end delete

33begin insert (b)end insert Thebegin delete department shall certify the operators of recycling
34centers pursuant to this section. Theend delete
director shall adopt, by
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
2certification:

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
7location within 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.

begin insert

15(c) (1) On and after January 1, 2014, an applicant for
16certification as a recycling center, and a recycling center applying
17for renewal of a certification, shall complete the precertification
18training program required by this subdivision and meet all other
19qualification requirements prescribed by the department, which
20may include, but are not limited to, requiring the applicant to
21obtain a passing score on an examination administered by the
22department.

end insert
begin insert

23(2) The department may use staff or industry experts, or may
24seek expertise available in other state agencies, to provide the
25training program required by this subdivision, which shall include
26providing technical assistance to better prepare recycling centers
27for successful participation in this division, thereby reducing the
28potential for errors, fraud, or other activities that compromise the
29integrity of the implementation of this division.

end insert
begin delete

30(b)

end delete

31begin insert(d)end insert 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
6type.

7(4) A certified recycling center shall not pay any refund values,
8processing payments, or administrative fees to a noncertified
9recycler.

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
26recycling centers.

27(B) Consumer transaction receipts.

28(C) Consumer transaction logs.

29(D) Rejected container receipts on materials subject to this
30division.

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
36beverage containers.

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.

begin delete

3(c)

end delete

4begin insert(e)end insert 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.

begin delete

11(d)

end delete

12begin insert(f)end insert 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.

15begin insert

begin insertSEC. 17.end insert  

end insert

begin insertSection 14539 of the end insertbegin insertPublic Resources Codeend insertbegin insert is
16amended to read:end insert

17

14539.  

begin insert

(a) (1) The department shall certify processors
18pursuant to this section.

end insert
begin insert

19(2) The department shall review whether an application for
20certification or renewal is complete within 30 working days of
21receipt, including compliance with subdivision (c). If the
22department deems an application complete, the department shall
23approve or deny the application no later than 60 calendar days
24after the date when the application was deemed complete.

end insert
begin delete

25(a)

end delete

26begin insert(b)end insert Thebegin delete department shall certify processors pursuant to this
27section. Theend delete
director shall adopt, by regulation, requirements and
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
33division.

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.

begin insert

3(c) (1) On and after January 1, 2014, an applicant for
4certification as a processor and a processor applying for renewal
5of a certification shall complete the precertification training
6program required by this subdivision and meet all other
7qualification requirements prescribed by the department, which
8may include, but are not limited to, requiring the applicant to
9obtain a passing score on an examination administered by the
10department.

end insert
begin insert

11(2) The department may use staff or industry experts, or may
12seek expertise available in other state agencies, to provide the
13training program required by this subdivision, which shall include
14providing technical assistance to better prepare processors for
15successful participation in this division, thereby reducing the
16potential for errors, fraud, or other activities which compromise
17the integrity of the implementation of this division.

end insert
begin delete

18(b)

end delete

19begin insert(d)end insert 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
29Section 14560.

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
12centers.

13(7) A processor shall take the actions necessary and approved
14by the department to cancel containers to render them unfit for
15redemption.

16(8) A processor shall prepare or maintain the following
17documents involving empty beverage containers, as specified by
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
24beverage containers.

25(E) Processor-to-processor transaction receipts.

26(F) Rejected container receipts on materials subject to this
27division.

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.

begin delete

37(c)

end delete

38begin insert(e)end insert 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.

5begin insert

begin insertSEC. 18.end insert  

end insert

begin insertSection 14549.5 of the end insertbegin insertPublic Resources Codeend insertbegin insert is
6amended to read:end insert

7

14549.5.  

On or beforebegin delete the 90th day after the effective date of
8the act amending this section,end delete
begin insert April 1, 2004,end insert and annually
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 recyclingbegin delete programs,
14collection programs,end delete
begin insert programsend insert andbegin delete recycling centers.end deletebegin insert collection
15programs.end insert
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
18recyclingbegin delete programs, collection programs,end deletebegin insert programsend insert andbegin delete recycling
19centersend delete
begin insert collection programsend insert 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
35Section 18015.

36(2) The department may enter into a contract for the services
37required to implement the amendments to this section made bybegin delete the
38actend delete
begin insert Chapter 753end insert of thebegin delete first halfend deletebegin insert Statutesend insert ofbegin delete the 2003-04 Regular
39Session of the Legislature amending this section.end delete
begin insert 2003.end insert The
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 subdivisionbegin delete (f)end deletebegin insert (e)end insert of Section 14575 for these
9containers, the department may determine not to calculate a
10commingled rate pursuant to this subdivision.

11begin insert

begin insertSEC. 19.end insert  

end insert

begin insertSection 14553 of the end insertbegin insertPublic Resources Codeend insertbegin insert is
12amended to read:end insert

13

14553.  

(a) begin deleteAll end deletebegin insertExcept as provided in subdivision (b), all end insert
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.

begin insert

20(b) Notwithstanding subdivision (a), a person submitting the
21reports, claims, and other information specified in subdivision (a)
22shall use the Division of Recycling Integrated Information System
23(DORIIS) or other system designated by the department for
24reporting, making, or claiming payments, or providing other
25information required pursuant to this division.

end insert
begin delete

26(b)

end delete

27begin insert(c)end insert The department may inspect the operations, processes, and
28records ofbegin delete anyend deletebegin insert anend insert 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.

begin delete

31(c)

end delete

32begin insert(d)end insertbegin insertend insertbegin insert(1)end insert A violation of this section is subject to the penalties
33specified in Section 14591.1.

begin insert

34(2) The department may take an enforcement action against a
35certified recycling center or processor that fails to comply with
36this section, including, but not limited to, imposing penalties,
37denying claims for payment, or terminating the certification of the
38certified recycling center or processor.

end insert
39begin insert

begin insertSEC. 20.end insert  

end insert

begin insertSection 14572 of the end insertbegin insertPublic Resources Codeend insertbegin insert is
40amended to read:end insert

P38   1

14572.  

(a) begin insert(1)end insertbegin insertend insertExcept 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

begin insert

7(2) Except as provided in paragraph (3), the recycling center
8may pay the refund value based on the weight of returned
9containers.

end insert
begin insert

10(3) On and after September 1, 2013, for beverage containers
11redeemed by consumers, a certified recycling center shall pay the
12refund value using the applicable segregated rate, as defined in
13paragraph (43) of subsection (a) of Section 2000 of Title 14 of the
14California Code of Regulations, as that section read on September
151, 2013, which shall be based on the weight of the redeemed
16beverage containers.

end insert

17(b) Any recycling center or processorbegin delete whichend deletebegin insert thatend insert was in
18existence on January 1, 1986, andbegin delete whichend deletebegin insert thatend insert 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
23begin insert Aend insert certified recycling centerbegin delete whichend deletebegin insert thatend insert 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 sitesbegin delete whichend deletebegin insert thatend insert do accept all
30types of containers.

31(c) The department shall develop procedures by which recycling
32centers and processorsbegin delete whichend deletebegin insert thatend insert 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 deletebegin insert Aend insert person
36shallbegin insert notend insert pay a noncertified recycler for empty beverage containers
37an amountbegin delete whichend deletebegin insert thatend insert 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.

6(2) begin deleteNo end deletebegin insertA end insertpersonbegin delete mayend deletebegin insert shall notend insert receive or retain, for empty
7beverage containersbegin delete whichend deletebegin insert thatend insert 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.

12begin insert

begin insertSEC. 21.end insert  

end insert

begin insertSection 14591 of the end insertbegin insertPublic Resources Codeend insertbegin insert is
13amended to read:end insert

14

14591.  

(a) Except as provided in subdivision (b), in addition
15to any other applicable civil or criminal penalties,begin delete anyend deletebegin insert aend insert person
16convicted of a violation of this divisionbegin insert, or a regulation adopted
17pursuant to this division,end insert
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,begin insert knowinglyend insert
22 takes any of the following actions is guilty ofbegin delete fraud:end deletebegin insert a crime:end insert

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 thebegin insert Californiaend insert marketplace
31for redemption.

32(F) Brings out-of-state containers, rejected containers, or line
33breakage to thebegin insert Californiaend insert 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 deletebegin insert a person
38convicted of a crime pursuant to paragraph (1)end insert
isbegin delete punishableend delete
39begin insert subject to punishmentend insert by imprisonment inbegin delete theend deletebegin insert aend insert county jail for not
40more than onebegin delete year orend deletebegin insert year,end insert by a fine not exceeding ten thousand
P40   1dollars ($10,000), or by bothbegin insert that fine and imprisonmentend insert, 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
6bothbegin insert thatend insert fine and imprisonment. If the money obtained or withheld
7pursuant to paragraph (1) equals, or is less than, nine hundred fifty
8dollars ($950), thebegin delete fraudend deletebegin insert personend insert isbegin delete punishableend deletebegin insert subject to punishmentend insert
9 by imprisonment inbegin delete theend deletebegin insert aend insert county jail for not more than sixbegin delete months
10orend delete
begin insert months,end insert by a fine not exceeding one thousand dollars ($1,000),
11or by bothbegin insert that fine and imprisonmentend insert.

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.

16begin insert

begin insertSEC. 22.end insert  

end insert

begin insertSection 25711.5 is added to the end insertbegin insertPublic Resources
17Code
end insert
begin insert, to read:end insert

begin insert
18

begin insert25711.5.end insert  

In administering moneys in the fund for research,
19development, and demonstration programs under this chapter, the
20commission shall develop and implement the Electric Program
21Investment Charge (EPIC) program to do all of the following:

22(a) Award funds for projects that will benefit electricity
23ratepayers and lead to technological advancement and
24breakthroughs to overcome the barriers that prevent the
25achievement of the state’s statutory energy goals and that result
26in a portfolio of projects that is strategically focused and
27sufficiently narrow to make advancement on the most significant
28technological challenges that shall include, but not be limited to,
29energy storage, renewable energy and its integration into the
30electrical grid, energy efficiency, integration of electric vehicles
31into the electrical grid, and accurately forecasting the availability
32of renewable energy for integration into the grid.

33(b) In consultation with the Treasurer, establish terms that shall
34be imposed as a condition to receipt of funding for the state to
35accrue any intellectual property interest or royalties that may
36derive from projects funded by the EPIC program. The commission,
37when determining if imposition of the proposed terms is
38appropriate, shall balance the potential benefit to the state from
39those terms and the effect those terms may have on the state
40achieving its statutory energy goals. The commission shall require
P41   1each reward recipient, as a condition of receiving moneys pursuant
2to this chapter, to agree to any terms the commission determines
3are appropriate for the state to accrue any intellectual property
4interest or royalties that may derive from projects funded by the
5EPIC program.

6(c) Require each applicant to report how the proposed project
7may lead to technological advancement and potential
8breakthroughs to overcome barriers to achieving the state’s
9statutory energy goals.

10(d) Establish a process for tracking the progress and outcomes
11of each funded project, including an accounting of the amount of
12funds spent by program administrators and individual grant
13recipients on administrative and overhead costs and whether the
14project resulted in any technological advancement or breakthrough
15to overcome barriers to achieving the state’s statutory energy
16goals.

17(e) Notwithstanding Section 10231.5 of the Government Code,
18prepare and submit to the Legislature no later than April 30 of
19each year an annual report in compliance with Section 9795 of
20the Government Code that shall include all of the following:

21(1) A brief description of each project for which funding was
22awarded in the immediately prior calendar year, including the
23name of the recipient and the amount of the award, a description
24of how the project is thought to lead to technological advancement
25or breakthroughs to overcome barriers to achieving the state’s
26statutory energy goals, and a description of why the project was
27selected.

28(2) A brief description of each project funded by the EPIC
29program that was completed in the immediately prior calendar
30year, including the name of the recipient, the amount of the award,
31and the outcomes of the funded project.

32(3) A brief description of each project funded by the EPIC
33program for which an award was made in the previous years but
34that is not completed, including the name of the recipient and the
35amount of the award, and a description of how the project will
36lead to technological advancement or breakthroughs to overcome
37barriers to achieving the state’s statutory energy goals.

38(4) Identification of the award recipients that are
39California-based entities, small businesses, or businesses owned
40by women, minorities, or disabled veterans.

P42   1(5) Identification of which awards were made through a
2competitive bid, interagency agreement, or sole source method,
3and the action of the Joint Legislative Budget Committee pursuant
4to paragraph (2) of subdivision (g) for each award made through
5an interagency agreement or sole source method.

6(6) Identification of the total amount of administrative and
7overhead costs incurred for each project.

8(f) Establish requirements to minimize program administration
9and overhead costs, including costs incurred by program
10administrators and individual grant recipients. Each program
11administrator and grant recipient, including a public entity, shall
12be required to justify actual administration and overhead costs
13incurred, even if the total costs incurred do not exceed a cap on
14those costs that the commission may adopt.

15(g) (1) The commission shall use a sealed competitive bid as
16the preferred method to solicit project applications and award
17funds pursuant to the EPIC program.

18(2) (A) The commission may use a sole source or interagency
19agreement method if the project cannot be described with sufficient
20specificity so that bids can be evaluated against specifications and
21criteria set forth in a solicitation for bid and if both of the following
22conditions are met:

23(i) The commission, at least 60 days prior to making an award
24pursuant to this subdivision, notifies the Joint Legislative Budget
25Committee and the relevant policy committees in both houses of
26the Legislature, in writing, of its intent to take the proposed action.

27(ii) The Joint Legislative Budget Committee either approves or
28does not disapprove the proposed action within 60 days from the
29date of notification required by clause (i).

30(B) It is the intent of the Legislature to enact this paragraph to
31ensure legislative oversight for awards made on a sole source
32basis, or through an interagency agreement.

33(3) Notwithstanding any other law, standard terms and
34conditions that generally apply to contracts between the
35commission and any entities, including state entities, do not
36automatically preclude the award of moneys from the fund through
37the sealed competitive bid method.

end insert
38begin insert

begin insertSEC. 23.end insert  

end insert

begin insertSection 25711.7 is added to the end insertbegin insertPublic Resources
39Code
end insert
begin insert, to read:end insert

begin insert
P43   1

begin insert25711.7.end insert  

(a) The Public Utilities Commission shall not require
2the collection of funds pursuant to its Decision 12-05-037 (May
324, 2012), Phase 2 Decision Establishing Purposes and
4Governance for Electric Program Investment Charge and
5Establishing Funding Collections for 2013-2020, as corrected by
6Decision 12-07-001 (July 3, 2012), Order Correcting Error, and
7as modified by Decision 13-04-030 (April 18, 2013), Order
8Modifying Decision (D.) 12-05-037, and Denying Rehearing of
9Decision, as Modified, in an annual amount greater than the
10amount specified in those decisions.

11(b) This section does not modify, alter, or, in any way, affect
12the operation of Section 25712.

end insert
13begin insert

begin insertSEC. 24.end insert  

end insert

begin insertSection 25751 of the end insertbegin insertPublic Resources Codeend insertbegin insert is
14amended to read:end insert

15

25751.  

(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
22purposes:

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.

begin insert

31(3) To provide funding for the New Solar Homes Partnership
32pursuant to paragraph (3) of subdivision (e) of Section 2851 of
33the Public Utilities Code.

end insert

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.

3begin insert

begin insertSEC. 25.end insert  

end insert

begin insertSection 26052 of the end insertbegin insertPublic Resources Codeend insertbegin insert is
4amended to read:end insert

5

26052.  

“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 Codebegin insert, or an entity administering a PACE loan
9program on behalf of and with written consent of a public agency,end insert

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.

15begin insert

begin insertSEC. 26.end insert  

end insert

begin insertSection 26055 of the end insertbegin insertPublic Resources Codeend insertbegin insert is
16amended to read:end insert

17

26055.  

“PACE program” means a program established by an
18applicant that is financed by the PACE bondbegin insert or a PACE loan
19program regardless of funding sourcesend insert
.

20begin insert

begin insertSEC. 27.end insert  

end insert

begin insertSection 26060 of the end insertbegin insertPublic Resources Codeend insertbegin insert is
21amended to read:end insert

22

26060.  

begin insert(a)end insertbegin insertend insertThe 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
26bond.

begin insert

27(b) The authority shall develop and administer a PACE risk
28mitigation program for PACE loans to increase their acceptance
29in the marketplace and protect against the risk of default and
30foreclosure.

end insert
31begin insert

begin insertSEC. 28.end insert  

end insert

begin insertSection 26062 of the end insertbegin insertPublic Resources Codeend insertbegin insert is
32amended to read:end insert

33

26062.  

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,begin insert information
37regarding any credit enhancement or loan insurance associated
38with a PACE loan program,end insert
and other information deemed
39necessary by the authority.

P45   1begin insert

begin insertSEC. 29.end insert  

end insert

begin insertSection 26063 of the end insertbegin insertPublic Resources Codeend insertbegin insert is
2amended to read:end insert

3

26063.  

(a) In evaluating eligibility, the authority shall consider
4whether the applicant’s PACE program includes the following
5conditions:

6(1) Loan recipients are legal owners of underlying property.

7(2) Loan recipients are current on mortgage and property tax
8payments.

9(3) Loan recipients are not in default or in bankruptcy
10proceedings.

11(4) Loans are for less than 10 percent of the value of the
12property.

13(5) The property is within the geographical boundaries of the
14PACE program.

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 issuancebegin insert, credit enhancement, or loan insuranceend insert.

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.

35begin insert

begin insertSEC. 30.end insert  

end insert

begin insertSection 35600 of the end insertbegin insertPublic Resources Codeend insertbegin insert is
36amended to read:end insert

37

35600.  

(a) The Ocean Protection Council is established in
38state government. The council consists of the Secretary of the
39begin insert Naturalend insert 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
21fiscal year.

22begin insert

begin insertSEC. 31.end insert  

end insert

begin insertSection 35605 of the end insertbegin insertPublic Resources Codeend insertbegin insert is
23amended to read:end insert

24

35605.  

begin deleteAt end deletebegin insertThe Secretary of end insertthebegin delete council’s first meeting in a
25calendar year,end delete
begin insert Natural Resources Agency shall serve asend insert thebegin delete councilend delete
26begin insert chairperson of the council, and the Secretary for Environmental
27Protectionend insert
shallbegin delete elect a chair from among its voting members.end delete
28begin insert serve as the vice chairperson of the council. The Assistant
29Secretary for Coastal Matters at the Natural Resources Agency
30shall be designated as the Deputy Secretary of the Natural
31Resources Agency for Ocean and Coastal Policy, and the deputy
32secretary shall also serve as the executive director for the council.end insert

33begin insert

begin insertSEC. 32.end insert  

end insert

begin insertSection 35625 of the end insertbegin insertPublic Resources Codeend insertbegin insert is
34amended to read:end insert

35

35625.  

(a) Under the direction of the Secretary of thebegin insert Naturalend insert
36 Resources Agency, thebegin delete executive officer of the State Coastal
37Conservancyend delete
begin insert councilend insert shallbegin 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
4departments.

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 thebegin delete State Coastal Conservancy,end delete
9begin insert Secretary of the Natural Resources Agency,end insert for expenditures
10authorized by the council. If an expenditure has been approved by
11the council for the purposes of this division, approval of thebegin delete State
12Coastal Conservancyend delete
begin insert secretaryend insert is not required, except in the case
13of block grants provided by the council to be administered by the
14begin delete State Coastal Conservancy.end deletebegin insert secretary.end insert

begin insert

15(c) Any bond funds received by the State Coastal Conservancy,
16on or before July 1, 2013, which authorized the use of funds for
17council programs, shall be transferred to the Natural Resources
18Agency for use for those programs.

end insert
begin insert

19(d) (1) The Legislature finds and declares that, on the effective
20date of the act adding this subdivision during the 2013-14 Regular
21Session, various contracts and grants will be pending or remain
22subject to management and control by the State Coastal
23 Conservancy on behalf of the council. On and after that date, the
24Secretary of the Natural Resources Agency is hereby designated
25as the legal successor to the State Coastal Conservancy, and the
26Secretary of the Natural Resources Agency shall assume
27management and control of those contracts and grants and shall
28have all of the same powers and duties as the State Coastal
29Conservancy.

end insert
begin insert

30(2) In addition to the powers and duties described in paragraph
31(1), on and after the effective date of the act adding this subdivision
32during the 2013-14 Regular Session, the Secretary of the Natural
33Resources Agency shall have the following powers and duties on
34behalf of the council:

end insert
begin insert

35(A) The management of all contracts and grants, including the
36completion, modification, and cancellation of those contracts and
37grants in accordance with existing law.

end insert
begin insert

38(B) The negotiation and settlement of claims relating to
39contracts and grants.

end insert
begin insert

P48   1(C) Responsibility for the completion, maintenance, and disposal
2of any records relating to the transfer of responsibilities from the
3State Coastal Conservancy to the Natural Resources Agency.

end insert
4begin insert

begin insertSEC. 33.end insert  

end insert

begin insertSection 42977 of the end insertbegin insertPublic Resources Codeend insertbegin insert is
5amended to read:end insert

6

42977.  

(a) The carpet stewardship organization submitting a
7carpet stewardship plan shall pay the departmentbegin delete an annualend deletebegin insert a
8quarterlyend insert
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 ofbegin delete annualend delete fees collectedbegin insert annuallyend insert 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
29begin delete in three equal paymentsend delete pursuant to the schedule specified in
30subdivision (d).

31(d) A carpet stewardship organization subject to this section
32shall paybegin insert a quarterly fee toend insert the departmentbegin insert to coverend insert the
33administrativebegin delete feeend deletebegin insert and enforcement costs of the requirements of
34this chapterend insert
pursuant to subdivision (a) on or before July 1, 2012,
35andbegin delete annuallyend deletebegin insert every three monthsend insert thereafter and the applicable
36portion of the fee pursuant to subdivision (c) on July 1, 2012, and
37begin delete annuallyend deletebegin insert every three monthsend insert thereafter through July 1, 2014. Each
38year after the initial payment, thebegin delete annualend deletebegin insert total amount of theend insert
39 administrativebegin delete feeend deletebegin insert fees paid for a calendar yearend insert may not exceed
P49   15 percent of the aggregatebegin delete assessmentend deletebegin insert assessmentsend insert 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.

6begin insert

begin insertSEC. 34.end insert  

end insert

begin insertSection 48704 of the end insertbegin insertPublic Resources Codeend insertbegin insert is
7amended to read:end insert

8

48704.  

(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
19inspection.

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
28plan.

29(d) The department shall enforce this chapter.

30(e) (1)begin insertend insert The stewardship organization shall pay the department
31begin delete an annualend deletebegin insert a quarterlyend insert administrative fee pursuant to paragraph (2).

32(2) The department shall impose fees in an amount that is
33sufficient to cover thebegin delete department’send delete fullbegin insert administrative and
34enforcementend insert
costs ofbegin delete administering and enforcingend deletebegin insert the requirements
35ofend insert
this chapter, including any program development costs or
36regulatory costs incurred by the department prior to the submittal
37of the stewardship plans.begin insert The stewardship organization shall pay
38the fee on or before the last day of the month following the end of
39each quarter.end insert
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
7per day.

8begin insert

begin insertSEC. 35.end insert  

end insert
begin insert

The Legislature hereby finds and declares all of the
9following:

end insert
begin insert

10(a) Environmental literacy enhances a citizen’s ability to make
11informed decisions with an understanding that humans depend on
12natural systems and human actions influence natural systems in
13both beneficial and detrimental ways.

end insert
begin insert

14(b) Environmentally literate citizens are better able to make
15wise individual and collective decisions to conserve natural
16resources and protect environmental and human health.

end insert
begin insert

17(c) An environmentally literate citizenry is essential to
18confronting and overcoming the environmental challenges of the
1921st century.

end insert
begin insert

20(d) An environmentally literate citizenry, consisting of
21technological innovators, entrepreneurs, scientists, and engineers,
22as well as environmentally conscientious consumers, supports a
23vibrant state economy and drives California’s role as a leader in
24the emerging global green marketplace.

end insert
begin insert

25(e) A model environmental curriculum, also known as the
26Education and the Environment Curriculum (curriculum) was
27developed by the California Environmental Protection Agency, in
28cooperation with the State Department of Education and the
29Natural Resources Agency, to increase environmental literacy
30among pupils in kindergarten and grades 1 to 12, inclusive.

end insert
begin insert

31(f) The curriculum is the first environment-based curriculum of
32its kind in the nation to receive State Board of Education approval.

end insert
begin insert

33(g) There are many benefits of enhanced environmental literacy,
34and the curriculum materials, along with training and support,
35should be made readily available to any educator in California
36who wishes to teach the curriculum.

end insert
begin insert

37(h) To achieve this goal, the Department of Resources Recycling
38and Recovery should collaborate across agencies and disciplines,
39including, but not limited to, the California Environmental
P51   1Protection Agency, the State Department of Education, and the
2Natural Resources Agency.

end insert
begin insert

3(i) The state should seek to develop strong partnerships with
4the private sector, including nonprofit organizations, associations,
5 businesses, and private entities, in order to support use of the
6curriculum and increase environmental literacy.

end insert
7begin insert

begin insertSEC. 36.end insert  

end insert

begin insertSection 71300 of the end insertbegin insertPublic Resources Codeend insertbegin insert is
8amended to read:end insert

9

71300.  

begin insert

(a) For purposes of this part, the following definitions
10shall apply:

end insert
begin insert

11(1) “Department” means the Department of Resources
12Recycling and Recovery.

end insert
begin delete

13(a) For purposes of this part “office”

end delete

14begin insert(2)end insertbegin insertend insertbegin insert“Office”end insert means the Office of Education and the Environment
15of the Department of Resources Recycling and Recovery, as
16established pursuant to this section.

begin insert

17(3) “Program” means the statewide environmental education
18program prescribed in this part.

end insert

19(b) begin delete(1)end deletebegin deleteend 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
23statewide environmentalbegin delete educationalend deletebegin insert educationend insert program prescribed
24pursuant to this partbegin insert, including the integrated waste educational
25requirements specified in paragraph (9) of subdivision (b) of
26Section 71301end insert
. The office, through staffing and resources, shall
27give a high priority to implementing the statewide environmental
28education program.

begin delete end deletebegin 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.

end delete
begin delete end delete

32(c) The office, under the direction of thebegin delete Department of
33Resources Recycling and Recovery,end delete
begin insert department,end insert in cooperation
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
2local communities.

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
6Educationbegin insert, in cooperation with the department,end insert 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
20begin delete environment, including, but not limited to, the California
21Environmental Education Interagency Network.end delete
begin insert environment.end insert

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.

28begin insert

begin insertSEC. 37.end insert  

end insert

begin insertSection 71301 of the end insertbegin insertPublic Resources Codeend insertbegin insert is
29amended to read:end insert

30

71301.  

(a) As part of the unified educationbegin delete strategy,end deletebegin insert strategy
31specified in subdivision (c) of Section 71300,end insert
the office,begin delete under the
32direction of theend delete
begin insert in cooperation with theend insert Secretary for
33Environmental Protection,begin delete in cooperation withend delete the Natural
34Resources Agency, the State Department ofbegin delete Educationend deletebegin insert Education,end insert
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
8 education.

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.

12(2) Water.

13(3) Air.

14(4) Energy.

15(5) Forestry.

16(6) Fish and wildlife resources.

17(7) Oceans.

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 required
31pursuant to Section 60200 or 60400 of the Education Code in
32science, mathematics, English/language arts, and history/social
33sciences.

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.

5begin insert

begin insertSEC. 38.end insert  

end insert

begin insertSection 71302 of the end insertbegin insertPublic Resources Codeend insertbegin insert is
6amended to read:end insert

7

71302.  

(a) Using the education principles for the environment
8requiredbegin delete inend deletebegin insert to be developed pursuant toend insert Section 71301, the office,
9begin delete under the direction of theend deletebegin insert in cooperation with theend insert Secretary for
10Environmental Protection,begin delete shall develop, in cooperation withend delete the
11Natural Resources Agency, the State Department of Education,
12and the State Board of Education,begin insert shall developend insert 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 thebegin delete Curriculum
20Development and Supplemental Materialsend delete
begin insert Instructional Qualityend insert
21 Commission for review. The commission shall submit its
22recommendation to the Secretary for Environmental Protection
23and to the Secretary of the Natural Resourcesbegin delete Agency by July 1,
242005.end delete
begin insert Agency.end insert

25(1) The Secretary for Environmental Protection and the Secretary
26of the Natural Resources Agency shall review and comment on
27the modelbegin delete curriculum by January 1, 2006.end deletebegin insert curriculum.end insert

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.

32begin insert

begin insertSEC. 39.end insert  

end insert

begin insertSection 71303 of the end insertbegin insertPublic Resources Codeend insertbegin insert is
33amended to read:end insert

34

71303.  

(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
39environmentbegin delete required inend deletebegin insert developed pursuant toend insert 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.

8(c) begin deleteThe model environmental curriculum approved by end deletebegin insertPursuant
9to Section 71302, the department shall coordinate with the
10Secretary for Environmental Protection, the Superintendent of
11Public Instruction, end insert
the Statebegin delete Boardend deletebegin insert Departmentend insert of Education,
12begin delete pursuantend deletebegin insert and the Secretary of the Natural Resources Agencyend insert to
13begin delete Section 71302 shall be made available byend deletebegin insert facilitate use ofend insert thebegin delete office
14toend delete
begin insert model environmental curriculum byend insert 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

begin insert

19(d) The department, the Secretary for Environmental Protection,
20the Superintendent of Public Instruction, the State Department of
21Education, and the Secretary of the Natural Resources Agency
22may collaborate with other federal, state, and local entities, and
23nongovernmental entities including nonprofit organizations,
24associations, businesses, individuals, and private entities, and may
25enter into interagency agreements, memoranda of understanding,
26and contracts to ensure implementation of this part.

end insert
begin insert

27(e) The department shall make the model curriculum available
28electronically on the department’s Internet Web site. The State
29Department of Education shall make readily identifiable on its
30Internet Web site a link to the department’s Internet Web site
31containing the curriculum.

end insert
begin delete

32(d)

end delete

33begin insert(f)end insert 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 deletebegin 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.

end delete
begin delete end deletebegin delete end deletebegin 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).

end delete
begin delete end deletebegin delete

13(3)

end delete

14begin insert(g)end insert 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.

19begin insert

begin insertSEC. 40.end insert  

end insert

begin insertSection 71304 of the end insertbegin insertPublic Resources Codeend insertbegin insert is
20amended to read:end insert

21

71304.  

(a) The office,begin delete under the direction of theend deletebegin insert in
22coordination with theend insert
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
34cross-media coordination.

35(c) The office shall coordinate with all state agencies to develop
36and distribute environmental education materials.

37begin insert

begin insertSEC. 41.end insert  

end insert

begin insertSection 71305 of the end insertbegin insertPublic Resources Codeend insertbegin insert, as added
38by Section 23 of Chapter 718 of the Statutes of 2010, is amended
39to read:end insert

P57   1

71305.  

(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
4begin delete California Environmental Protection Agencyend deletebegin insert departmentend insert for the
5purposes of this part. Thebegin delete Secretary for Environmental Protectionend delete
6begin insert Director of Resources Recycling and Recoveryend insert shall administer
7this part, including, but not limited to, the account.

8(b) Notwithstanding any other law to the contrary, thebegin delete agencyend delete
9begin insert departmentend insert 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
12judgmentbegin insert, settlement, fine, penalty, or other mechanism,end insert 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
19contributions.

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.

24(d) Thebegin delete agencyend deletebegin insert departmentend insert 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 deletebegin delete

35(f) This section shall become operative on January 1, 2013.

end delete
begin delete end delete
36begin insert

begin insertSEC. 42.end insert  

end insert

begin insertSection 309.5 of the end insertbegin insertPublic Utilities Codeend insertbegin insert is amended
37to read:end insert

38

309.5.  

(a) There is within the commissionbegin delete a Divisionend deletebegin insert an
39independent Officeend insert
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
2thebegin delete divisionend deletebegin insert officeend insert shall be to obtain the lowest possible rate for
3service consistent with reliable and safe service levels. For revenue
4allocation and rate design matters, thebegin delete divisionend deletebegin insert officeend insert shall primarily
5consider the interests of residential and small commercial
6customers.

7(b) The director of thebegin delete divisionend deletebegin insert officeend insert shall be appointed by, and
8serve at the pleasure of, the Governor, subject to confirmation by
9the Senate.

10The director shall annually appear before the appropriate policy
11committees of the Assembly and the Senate to report on the
12activities of thebegin delete division.end deletebegin insert office.end insert

13(c) The director shall develop a budget for thebegin delete division whichend delete
14begin insert office thatend insert shall be subject to final approval of thebegin delete commission. In
15accordance withend delete
begin insert Department of Finance. As authorized inend insert the
16approved budget, thebegin delete commission shall, by rule or order, provide
17for the assignment of personnel to, and the functioning of, the
18division. The division mayend delete
begin insert office shallend insert employbegin delete experts necessary
19to carry out its functions. Personnelend delete
begin insert personnelend insert and resources,
20including attorneys and other legalbegin delete support, shall be provided by
21the commission to the divisionend delete
begin insert support staff,end insert at a level sufficient
22to ensure that customer and subscriber interests are effectively
23represented in all significant proceedings.begin insert The office may employ
24experts necessary to carry out its functions.end insert
The director may
25appoint a lead attorney who shall represent thebegin delete division,end deletebegin insert office,end insert
26 and shall report to and serve at the pleasure of the director.begin delete All
27attorneys assignedend delete
begin insert The lead attorney for the office shall obtain
28adequate legal personnel for the work to be conductedend insert
by the
29begin delete commissionend deletebegin insert office from the commission’s attorney appointed
30pursuantend insert
tobegin delete perform services for the divisionend deletebegin insert Section 307. The
31commission’s attorneyend insert
shallbegin delete report toend deletebegin insert timelyend insert andbegin delete be directedend delete
32begin insert appropriately fulfill all requests for legal personnel madeend insert by the
33lead attorneybegin delete appointed byend deletebegin insert forend insert thebegin delete director.end deletebegin insert office, provided the
34office has sufficient moneys and positions in its budget for the
35services requested.end insert

36(d) The commission shall develop appropriate procedures to
37ensure that the existence of thebegin delete divisionend deletebegin insert officeend insert 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.

3(e) Thebegin delete divisionend deletebegin insert officeend insert 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 bebegin insert a budgetary program fund administered andend insert
16 utilized exclusively by thebegin delete divisionend deletebegin insert officeend insert 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, thebegin delete commissionend deletebegin insert officeend insert
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 yearsbegin delete assigned toend deletebegin insert utilized duringend insert
25 thebegin delete Divisionend deletebegin insert prior year by the Officeend insert of Ratepayer Advocates.

26(2) The total dollars expended by thebegin delete Divisionend deletebegin insert Officeend insert 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 thebegin delete Divisionend deletebegin insert Officeend insert
31 of Ratepayer Advocates.

32(h) Thebegin delete divisionend deletebegin insert officeend insert 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 thebegin delete divisionend deletebegin insert officeend insert
36 in a complaint. The meet and confer process shall be utilized in
37good faith to reach agreement on issues raised by thebegin delete divisionend delete
38begin insert officeend insert regarding any regulated entity in the complaint proceeding.

39begin insert

begin insertSEC. 43.end insert  

end insert

begin insertSection 318 is added to the end insertbegin insertPublic Utilities Codeend insertbegin insert, to
40read:end insert

begin insert
P60   1

begin insert318.end insert  

The commission shall conduct a zero-based budget for
2all of its programs by January 10, 2015. The zero-based budget
3shall be completed for the entire commission, rather than on a
4division-by-division basis.

end insert
5begin insert

begin insertSEC. 44.end insert  

end insert
begin insert

(a) The Legislature finds and declares that the
6purpose of adding Section 740.5 to the Public Utilities Code is to
7limit the implementation of the Public Utilities Commission
8Decision 12-12-031 (December 20, 2012), Decision Granting
9Authority to Enter Into a Research and Development Agreement
10with Lawrence Livermore National Laboratory for 21st Century
11Energy Systems and for costs up to $152.19 million so that:

end insert
begin insert

12(1) No research and development projects other than for the
13purposes of cyber security and grid integration shall be funded by
14ratepayers as a result of Decision 12-12-031.

end insert
begin insert

15(2) Total funding for research and development projects for the
16purposes of cyber security and grid integration shall not exceed
17$35 million over the five-year research period.

end insert
begin insert

18(3) Those program management expenditures proposed,
19commencing with page seven, in the joint advice letter filed by the
20state’s three largest electrical corporations, Advice 3379-G/4215-E
21(Pacific Gas and Electric Company), Advice 2887-E (Southern
22California Edison Company), and Advice 2473-E (San Diego Gas
23and Electric Company), dated April 19, 2013, be voided.

end insert
begin insert

24(4) Project managers be limited to three representatives, one
25representative each from Pacific Gas and Electric Company,
26Southern California Edison Company, and San Diego Gas and
27Electric Company.

end insert
begin insert

28(5) The Lawrence Livermore National Laboratory, Pacific Gas
29and Electric Company, Southern California Edison Company, and
30San Diego Gas and Electric Company ensure that research
31parameters reflect a new contribution to cyber security and that
32there not be a duplication of research being done by other private
33and governmental entities.

end insert
begin insert

34(b) Nothing in this act authorizes the Public Utilities
35Commission’s adoption of Decision 12-12-031.

end insert
36begin insert

begin insertSEC. 45.end insert  

end insert

begin insertSection 740.5 is added to the end insertbegin insertPublic Utilities Codeend insertbegin insert,
37to read:end insert

begin insert
38

begin insert740.5.end insert  

(a) For purposes of this section, “21st Century Energy
39System Decision” means commission Decision 12-12-031
40(December 20, 2012), Decision Granting Authority to Enter Into
P61   1a Research and Development Agreement with Lawrence Livermore
2National Laboratory for 21st Century Energy Systems and for
3costs up to $152.19 million, or any subsequent decision in
4Application 11-07-008 (July 18, 2011), Application of Pacific Gas
5and Electric Company (U39M), San Diego Gas and Electric
6Company (U902E), and Southern California Edison Company
7(U338E) for Authority to Increase Electric Rates and Charges to
8Recover Costs of Research and Development Agreement with
9Lawrence Livermore National Laboratory for 21st Century Energy
10Systems.

11(b) In implementing the 21st Century Energy System Decision,
12the commission shall not authorize recovery from ratepayers of
13any expense for research and development projects that are not
14for purposes of cyber security and grid integration. Total funding
15for research and development projects for the purposes of cyber
16security and grid integration pursuant to the 21st Century Energy
17System Decision shall not exceed thirty-five million dollars
18($35,000,000). All cyber security and grid integration research
19and development projects shall be concluded by the fifth
20anniversary of their start date.

21(c) The commission shall not approve for recovery from
22ratepayers, those program management expenditures proposed,
23commencing with page seven, in the joint advice letter filed by the
24state’s three largest electrical corporations, Advice 3379-G/4215-E
25(Pacific Gas and Electric Company), Advice 2887-E (Southern
26California Edison Company), and Advice 2473-E (San Diego Gas
27and Electric Company), dated April 19, 2013. Project managers
28for the 21st Century Energy System Decision shall be limited to
29three representatives, one representative each from Pacific Gas
30and Electric Company, Southern California Edison Company, and
31San Diego Gas and Electric Company.

32(d) The commission shall require the Lawrence Livermore
33National Laboratory, as a condition for entering into any contract
34pursuant to the 21st Century Energy System Decision, and Pacific
35Gas and Electric Company, Southern California Edison Company,
36and San Diego Gas and Electric Company to ensure that research
37parameters reflect a new contribution to cyber security and that
38there not be a duplication of research being done by other private
39and governmental entities.

P62   1(e) (1) The commission shall require each participating
2electrical corporation to prepare and submit to the commission
3by December 1, 2013, a joint report on the scope of all proposed
4research projects, how the proposed project may lead to
5technological advancement and potential breakthroughs in cyber
6security and grid integration, and the expected timelines for
7concluding the projects. The commission shall, within 30 days of
8receiving the joint report, determine whether the report is sufficient
9or requires revision, and upon determining that the report is
10sufficient submit the report to the Legislature in compliance with
11Section 9795 of the Government Code.

12(2) The commission shall require each participating electrical
13corporation to prepare and submit to the commission by 60 days
14following the conclusion of all research and development projects,
15a joint report summarizing the outcome of all funded projects,
16including an accounting of expenditures by the project managers
17and grant recipients on administrative and overhead costs and
18whether the project resulted in any technological advancements
19or breakthroughs in promoting cyber security and grid integration.
20The commission shall, within 30 days of receiving the joint report,
21determine whether the report is sufficient or requires revision, and
22upon determining that the report is sufficient, submit the report to
23the Legislature in compliance with Section 9795 of the Government
24Code.

25(3) This subdivision shall become inoperable January 1, 2023,
26pursuant to Section 10231.5 of the Government Code.

end insert
27begin insert

begin insertSEC. 46.end insert  

end insert

begin insertSection 854.5 is added to the end insertbegin insertPublic Utilities Codeend insertbegin insert,
28to read:end insert

begin insert
29

begin insert854.5.end insert  

(a) For purposes of this section, a “nonstate entity”
30means a company, corporation, partnership, firm, or other entity
31or group of entities, whether organized for profit or not for profit.

32(b) The commission, by order, decision, motion, settlement, or
33other action, shall not establish a nonstate entity with any moneys
34other than those moneys that would otherwise belong to the public
35utility’s shareholders. A nonstate entity to be created with moneys
36from a public utility’s shareholders shall be subject to a 30-day
37review by the Joint Legislative Budget Committee prior to creation.
38This subdivision does not limit the authority of the commission to
39form an advisory committee or other body whose budget is subject
40to oversight by the commission and the Department of Finance.

P63   1(c) The commission shall not enter into a contract with a
2nonstate entity in which a person serves as an owner, director, or
3officer while serving as a commissioner. Any contract between the
4commission and a nonstate entity shall be void and cease to exist
5by operation of law, if a commissioner, who was a commissioner
6at the time the contract was awarded, entered into, or extended,
7becomes, on or after January 1, 2014, an owner, director, or officer
8of the nonstate entity while serving as a commissioner.

9(d) Beginning June 1, 2014, a commissioner who acts as an
10owner, director, or officer of a nonstate entity that was established
11prior to January 1, 2014, as a result of an order, decision, motion,
12settlement, or other action by the commission in which the
13commissioner participated, neglects his or her duty pursuant to
14Section 1 of Article XII of the California Constitution, for which
15the commissioner may be removed pursuant to that section.

end insert
16begin insert

begin insertSEC. 47.end insert  

end insert

begin insertSection 2120 is added to the end insertbegin insertPublic Utilities Codeend insertbegin insert,
17to read:end insert

begin insert
18

begin insert2120.end insert  

(a) The commission shall not distribute, expend, or
19encumber any moneys received by the commission as a result of
20any commission proceeding or judicial action, including the
21compromise or settlement of a claim, until both of the following
22are true:

23(1) The commission has provided the Director of Finance with
24written notification of the receipt of the moneys and the basis for
25those moneys being received by the commission.

26(2) The Director of Finance provides not less than 60 days’
27written notice to the Chairperson of the Joint Legislative Budget
28Committee and the chairs of the appropriate budget subcommittees
29of the Senate and Assembly of the receipt of the moneys and the
30basis for those moneys being received by the commission.

31(b) This section does not apply to application or licensing fees
32charged by the commission to defray regulatory expenses.

33(c) This section does not apply to moneys received by the
34commission in a court-approved settlement or as a result of a court
35judgment where the court orders that the moneys be used for
36specified purposes.

37(d) This section does not apply to moneys received by the
38commission where statutes expressly provide how the moneys are
39to be paid or used, including all of the following:

P64   1(1) Payment to any fund created by Chapter 1.5 (commencing
2with Section 270).

3(2) Payment to any account or fund pursuant to Chapter 2.5
4 (commencing with Section 401).

5(3) Payment to the Ratepayer Relief Fund pursuant to Article
69.5 (commencing with Section 16428.1) of Chapter 2 of Part 2 of
7Division 4 of Title 2 of the Government Code.

end insert
8begin insert

begin insertSEC. 48.end insert  

end insert

begin insertSection 2851 of the end insertbegin insertPublic Utilities Codeend insertbegin insert is amended
9to read:end insert

10

2851.  

(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
26ratepayers 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
16demonstration 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
19Section 379.6.

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
31have 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
7project, and 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
30following:

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
6begin delete construction, administered by the State Energy Resources
7Conservation and Developmentend delete
begin insert construction (New Solar Homes
8Partnership Program), administered by the Energyend insert
Commission,
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.begin insert If the commission is notified
13by the Energy Commission that funding available pursuant to
14Section 25751 of the Public Resources Code for the New Solar
15Homes Partnership Program has been exhausted, the commission
16may require an electrical corporation to continue administration
17of the program pursuant to the guidelines established for the
18program by the Energy Commission, until the funding limit
19authorized by this paragraph has been reached. The commission,
20in consultation with the Energy Commission, shall supervise the
21administration of the continuation of the New Solar Homes
22Partnership Program by an electrical corporation. An electrical
23corporation may elect to have a third party, including the Energy
24Commission, administer the utility’s continuation of the New Solar
25Homes Partnership Program. After the exhaustion of funds, the
26Energy Commission shall notify the Joint Legislative Budget
27Committee 30 days prior to the continuation of the program.end insert

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.

33begin insert

begin insertSEC. 49.end insert  

end insert

begin insertSection 5900 of the end insertbegin insertPublic Utilities Codeend insertbegin insert is amended
34to read:end insert

35

5900.  

(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 551begin delete et seq.end deletebegin insert and followingend insert 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
20January 1, 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
36to 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
4assessed.

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
9breach.

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
22issues presented.

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
32subdivision (a).

33(k) Thebegin delete Divisionend deletebegin insert Officeend insert 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, thebegin delete divisionend deletebegin insert officeend insert
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.

P71   1begin insert

begin insertSEC. 50.end insert  

end insert
begin insert

The Legislature finds and declares all of the
2following:

end insert
begin insert

3(a) The Department of Transportation owns real property
4commonly known as 2829 Juan Street, San Diego, which served
5as the department’s District 11 administrative headquarters until
62006.

end insert
begin insert

7(b) Subsequently, the Department of Transportation constructed
8a new District 11 administrative headquarters and relocated its
9staff to the new facility, and no longer needs the property at 2829
10Juan Street, and is desirous of transferring it.

end insert
begin insert

11(c) It has cost the Department of Transportation over five
12hundred thousand dollars ($500,000) to continue to own and
13maintain the property at 2829 Juan Street, and future annual costs
14to maintain the property will be at least eighty thousand dollars
15($80,000) annually. It is also estimated to cost between three
16million dollars ($3,000,000) and six million dollars ($6,000,000)
17to remove antiquated and obsolete buildings and fixtures from the
18property.

end insert
begin insert

19(d) The property at 2829 Juan Street is immediately adjacent
20to property owned by the Department of Parks and Recreation,
21which is operated as Old Town San Diego State Historic Park and
22which is one of the most popular and most visited parks in the state
23park system.

end insert
begin insert

24(e) The Department of Parks and Recreation desires to have
25the property at 2829 Juan Street transferred to it, so that it can be
26incorporated into Old Town San Diego State Historic Park, or
27developed in a manner than complements the state park.

end insert
begin insert

28(f) It is adequate consideration for the Department of
29Transportation to transfer the property at 2829 Juan Street to the
30Department of Parks and Recreation if the recipient department
31assumes all ongoing maintenance and ownership liabilities as well
32as all future development costs, including the removal of all
33structures and fixtures that the recipient department concludes
34are not consistent with the development of Old Town San Diego
35State Historic Park.

end insert
36begin insert

begin insertSEC. 51.end insert  

end insert

begin insertSection 104.22 is added to the end insertbegin insertStreets and Highways
37Code
end insert
begin insert, to read:end insert

begin insert
38

begin insert104.22.end insert  

(a) Notwithstanding any other law, the Department
39of Transportation shall, consistent with Article XIX of the
40California Constitution, transfer to the Department of Parks and
P72   1Recreation the real property in the City of San Diego between
2Taylor Street and Wallace Street and between Juan Street and
3Calhoun Street, which was acquired for highway purposes and
4which was previously used by the department as its District 11
5administrative headquarters, and which is commonly known as
62829 Juan Street, San Diego.

7(b) The real property transferred pursuant to subdivision (a)
8shall be incorporated into the state park system upon its transfer
9to the Department of Parks and Recreation.

10(c) On and after the date of transfer, the Department of
11Transportation shall have no continuing obligation relating to the
12ownership, maintenance, or control of the transferred real
13property, and all obligations of ownership, maintenance, and
14control shall thereafter be borne by the Department of Parks and
15Recreation.

16(d) The transfer of the real property required by this section
17shall be completed within 90 days of the effective date of the act
18enacting this section in the 2013-14 Regular Session of the
19Legislature.

20(e) The transfer of the real property required by this section
21serves a public purpose.

end insert
22begin insert

begin insertSEC. 52.end insert  

end insert

begin insertSection 10001.7 is added to the end insertbegin insertWater Codeend insertbegin insert, to read:end insert

begin insert
23

begin insert10001.7.end insert  

The Director of Finance shall notify the Joint
24Legislative Budget Committee of any hydroelectric power project
25relicensing proposal for the Federal Energy Regulatory
26Commission that, if approved by the department, would obligate
27the General Fund in the current or future years. The department
28may approve that relicensing proposal not less than 30 days after
29the Director of Finance notifies the Joint Legislative Budget
30Committee.

end insert
31begin insert

begin insertSEC. 53.end insert  

end insert

begin insertSection 85200 of the end insertbegin insertWater Codeend insertbegin insert is amended to read:end insert

32

85200.  

(a) The Delta Stewardship Council is hereby established
33as an independent agency of the state.

34(b) begin delete(1)end deletebegin deleteend 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.

begin delete

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.

end delete

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
10four years.

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
13years.

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
21her term.

22(e) The council members shall select a chairperson from among
23their members, who shall serve for not more than four years in that
24capacity.

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
27the Delta.

28begin insert

begin insertSEC. 54.end insert  

end insert

begin insertSection 34 of Chapter 718 of the Statutes of 2010 is
29repealed.end insert

begin delete
30

SEC. 34.  

(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
6Code.

end delete
7begin insert

begin insertSEC. 55.end insert  

end insert
begin insert

No reimbursement is required by this act pursuant
8to Section 6 of Article XIII B of the California Constitution because
9the only costs that may be incurred by a local agency or school
10district will be incurred because this act creates a new crime or
11infraction, eliminates a crime or infraction, or changes the penalty
12for a crime or infraction, within the meaning of Section 17556 of
13the Government Code, or changes the definition of a crime within
14the meaning of Section 6 of Article XIII B of the California
15Constitution.

end insert
16begin insert

begin insertSEC. 56.end insert  

end insert
begin insert

The balance of the appropriation made in Schedule
17(1) of Item 3850-301-6051 of Section 2.00 of the Budget Act of
182010 (Chapter 724, Statutes 2010) is hereby reappropriated to the
19Coachella Valley Mountains Conservancy, to be available for
20expenditure for capital outlay or local assistance until June 30,
212016.

end insert
22begin insert

begin insertSEC. 57.end insert  

end insert
begin insert

This act is a bill providing for appropriations related
23to the Budget Bill within the meaning of subdivision (e) of Section
2412 of Article IV of the California Constitution, has been identified
25as related to the budget in the Budget Bill, and shall take effect
26immediately.

end insert
begin delete
27

SECTION 1.  

It is the intent of the Legislature to enact statutory
28changes relating to the Budget Act of 2013.

end delete


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