Amended in Senate June 14, 2016

Amended in Assembly April 14, 2016

California Legislature—2015–16 Regular Session

Assembly Bill No. 1611

Introduced by Committee on Budget (Assembly Members Ting (Chair), Travis Allen, Bigelow, Bloom, Bonta, Campos, Chávez, Chiu, Cooper, Gordon, Grove, Harper, Holden, Irwin, Kim, Lackey, McCarty, Melendez, Mullin, Nazarian, Obernolte, O'Donnell, Patterson, Rodriguez, Thurmond, Wilk, and Williams)

January 7, 2016

begin delete An act relating to the Budget Act of 2016. end delete begin insert An act to amend Sections 1602, 1609, 1610, 1613, 1615, 2942, 12157, and 12159.5 of, and to add Sections 2081.2 and 12008.1 to, the Fish and Game Code, to repeal and add Section 52334 of the Food and Agricultural Code, to amend Sections 8670.48.3 and 12812.2 of the Government Code, to amend Sections 25150.7, 25150.84, 25189.3, 25205.7, 25205.18, 25205.19, 25247, 100829, 100860.1, 100862, 105206, 116590, and 116681 of, and to add Section 25253.5 to, the Health and Safety Code, to amend Sections 10187.5 and 10190 of the Public Contract Code, to amend Sections 4629.6 and 4629.8 of, to amend, repeal, and add Section 21191 of, to add Chapter 6.5 (commencing with Section 25550) to Division 15 of, and to repeal the heading of Chapter 6.5 (commencing with Section 25550) of Division 15 of, the Public Resources Code, to amend Sections 43053 and 43152.10 of the Revenue and Taxation Code, to amend, repeal, and add Sections 5106 and 5108 of the Vehicle Code, to amend Sections 1430, 1440, and 13205 of, and to add and repeal Section 79717 of, the Water Code, to amend Section 258 of the Welfare and Institutions Code, and to amend Section 11 of Chapter 2 of the Statutes of 2009 of the Seventh Extraordinary Session, relating to public resources, and making an appropriation therefor, to take effect immediately, bill related to the budget. end insert

LEGISLATIVE COUNSEL’S DIGEST

AB 1611, as amended, Committee on Budget. begin delete Budget Act of 2016. end delete begin insert Public resources. end insert

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(1) Existing law prohibits an entity from substantially diverting or obstructing the natural flow of, or substantially changing or using any material from the bed, channel, or bank of, any river, stream, or lake, or from depositing certain material where it may pass into any river, stream, or lake designated by the Department of Fish and Wildlife, without first notifying the department of that activity, and entering into a lake or streambed alteration agreement if required by the department to protect fish and wildlife resources. Under existing law, it is unlawful for any person to violate those notification and agreement provisions, and a person who violates them is also subject to a civil penalty of not more than $25,000 for each violation. For purposes of these provisions, existing law defines entity to mean any person, state or local governmental agency, or public utility subject to the notification and agreement provisions.

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This bill would make it unlawful for any entity to violate those provisions, thereby imposing a state-mandated local program by changing the definition of a crime. The bill would subject to that civil penalty any entity that violates those provisions.

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Existing law authorizes the director of the department to establish a graduated schedule of fees to be charged to any entity subject to the notification and agreement provisions, and authorizes the adjustment of fees. Existing law imposes a $5,000 fee limit for any agreement.

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This bill would instead authorize the department to establish that schedule of fees, and would require that the department adjust fees annually. The bill would modify that fee limit to prohibit a fee from exceeding $5,000 for any single project.

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(2) The California Endangered Species Act requires the Fish and Game Commission to establish a list of endangered species and a list of threatened species, and requires the Department of Fish and Wildlife to recommend, and the commission to adopt, criteria for determining if a species is endangered or threatened. The act prohibits the taking of an endangered, threatened, or candidate species, except as specified. Under the act, the department may authorize the take of listed species if the take is incidental to an otherwise lawful activity and the impacts are minimized and fully mitigated.

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This bill would require the department to collect a permit application fee for processing applications for specified permits issued by the department to take a species listed as candidate, threatened, or endangered, except as provided. The bill would require the department to assess the permit application fee according to a graduated fee schedule based on the cost of the project and whether the project uses a department-approved conservation or mitigation bank to fulfill mitigation obligations. The bill would create the Endangered Species Permitting Account and would require the permit application fees collected by the department to be deposited in the account and used upon appropriation to pay the department’s cost of processing permit applications, permit development, and compliance monitoring. The bill would make funds deposited in the account available to the department, upon appropriation by the Legislature, for those purposes and for administering and implementing the California Endangered Species Act.

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Under existing law, a violation of the act is a misdemeanor subject to the punishment of a fine of not more than $5,000 or imprisonment in the county jail for not more than one year, or both the fine and imprisonment.

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This bill would increase the punishment of a violation of the prohibition against taking an endangered, threatened, or candidate species to a fine of not less than $25,000 or more than $50,000, imprisonment in the county jail for not more than one year, or by both that fine and imprisonment. The bill would require 1⁄2 of any fine or forfeiture imposed for a violation of the take prohibition or any other law of the act to be deposited in the county treasury of the county in which the violation occurred and would require the other 1⁄2 to be deposited in the Endangered Species Permitting Account.

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(3) The California Seed Law regulates seed sold in California, and prohibits a city, county, or district from adopting or enforcing an ordinance that regulates plants, crops, or seeds without the consent of the Secretary of Food and Agriculture. The California Seed Law also requires the Department of Food and Agriculture to develop and maintain a list of invasive pests, as defined and which includes certain plants and seeds, that have a reasonable likelihood of entering California for which action by the state might be appropriate, as specified.

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This bill would delete the provision prohibiting the adoption or enforcement of an ordinance that regulates plants, crops, or seeds without the secretary’s consent. The bill would also state that the declaration of a plant, seed, nursery stock, or crop as invasive is a power reserved for the secretary.

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(4) Existing law imposes a uniform oil spill response fee on specified persons, except specified independent crude oil producers, owning petroleum products and on pipeline operators transporting petroleum products into the state by means of a pipeline operating across, under, or through the marine waters of the state, during any period that the Oil Spill Response Trust Fund contains less than a designated amount. Existing law, until June 30, 2017, provides that if a loan or other transfer of money from the fund to the General Fund pursuant to the Budget Act reduces the balance of the fund to less than or equal to 95% of the designated amount, the administrator for oil spill response is not required to resume collection of the oil spill response fee if the annual Budget Act requires the transfer or loan to be repaid to the fund with interest calculated at a rate earned by the Pooled Money Investment Account and on or before June 30, 2017.

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This bill would extend that date to June 30, 2019. The bill would additionally provide that if a loan or other transfer of money from the fund to a special fund pursuant to the Budget Act reduces the balance of the fund to less than or equal to 95% of the designated amount, the administrator is not required to resume collection of the oil spill response fee. The bill would make these provisions inoperative on July 1, 2019.

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(5) Existing law establishes the California Environmental Protection Agency under the supervision of the Secretary for Environmental Protection, and requires the agency, among other things, to identify disadvantaged communities for certain investment opportunities based on geographic, socioeconomic, public health, and environmental hazard criteria, as specified. Existing law requires the secretary’s deputy secretary for law enforcement and counsel to, in consultation with the Attorney General, establish a cross-media enforcement unit to assist boards, departments, offices, or other agencies that implement a law or regulation within the jurisdiction of the agency, as specified.

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This bill would require each board, department, or office within the California Environmental Protection Agency to participate and have representatives in the cross-media enforcement unit. The bill would require the unit to undertake activities consistent with specified environmental justice policies and focus its activities in disadvantaged communities, as specified.

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(6) Existing law requires the Department of Toxic Substances Control to adopt, and revise as necessary, regulations establishing management standards for treated wood waste. Existing law makes these, and other requirements regarding treated wood waste, inoperative on December 31, 2020. Existing law requires the department, on or before January 1, 2018, to prepare, post on its Internet Web site, and provide to the appropriate policy committees of the Legislature, a comprehensive report with specified content on the compliance with, and implementation of, these laws relating to treated wood waste.

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This bill would extend to July 1, 2018, the time by which the department is to prepare, post on its Internet Web site, and provide the appropriate policy committees of the Legislature the comprehensive report.

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Existing law requires the department to suspend the permit of a hazardous waste facility for nonpayment of a specified facility fee or activity fee if the operator of the facility is subject to the fee and if the State Board of Equalization has certified that certain circumstances exist.

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This bill would allow the department, in addition to the State Board of Equalization, to certify the existence of those circumstances, and would include within the circumstances that the department or the State Board of Equalization has notified the facility’s operator of the delinquency and that the operator has exhausted certain administrative rights of appeal or dispute resolution procedures, as specified.

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Existing law provides a person who applies for, or requests, specified hazardous waste permits, variances, or waste classification determinations with the option of paying a flat fee or entering into a reimbursement agreement to reimburse the department for costs incurred in processing the application or response to the request. Existing law authorizes a reimbursement agreement to include costs incurred by the department in reviewing and overseeing corrective action but prohibits the department from assessing a fee or seeking reimbursement for reviewing and overseeing preliminary site assessment in conjunction with a hazardous waste facilities permit application.

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This bill would eliminate the flat fee option. The bill would additionally require the reimbursement agreement to provide for the reimbursement of the costs incurred by the department in reviewing and overseeing corrective action and would require an applicant and the owner and the operator of the facility to pay these costs and to pay all costs incurred by the department to comply with the California Environmental Quality Act. The bill would repeal the prohibition on the department assessing a fee or seeking reimbursement for reviewing and overseeing a preliminary site assessment in conjunction with a hazardous waste facilities permit application. The bill would require at least 25% of the agreed-upon reimbursement to be made in advance, based on the department’s total estimated costs of processing the application or response to the request. The bill would apply these revised fee provisions to applications and requests submitted to the department on or after April 1, 2016.

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Under existing law, if a facility’s permit or interim status document sets forth the facility’s allowable capacity for treatment or storage, the annual facility fee is based upon that capacity, and the department may require the facility to submit an application to modify the permit to provide for an allowable capacity. Under existing law, if a facility’s permit or interim status document does not set forth its type, that type is presumed for purposes of setting fees, and the department is authorized to require the facility to submit an application to modify the permit or interim status document to provide for a facility type. Existing law exempts these applications from the requirement to either pay a flat fee or enter into a reimbursement agreement.

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This bill would subject these applications for modification to the above-described reimbursement requirement.

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Existing law requires specified fees, including the flat fee and the fee paid under the reimbursement agreement, as applicable, to be administered and collected by the State Board of Equalization in accordance with the Hazardous Substance Tax Law.

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This bill would provide that the fees, as revised above, shall instead be administered and collected by the department.

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This bill would make conforming changes and delete obsolete provisions pertaining to the state’s hazardous waste programs.

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Existing law requires the department to adopt regulations to establish a process for evaluating chemicals of concern in consumer products, and their potential alternatives, to determine how best to limit exposure or to reduce the level of hazard posed by a chemical of concern. Existing law requires the regulations adopted to specify the range of regulatory responses that the department may take following the completion of the alternatives analysis. Under its regulatory authority, the department has adopted the 2015-17 Priority Product Work Plan, which describes categories from which the department will select priority products for which safer alternatives are to be evaluated.

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This bill would require the department to revise the 2015-17 Priority Product Work Plan to include lead acid batteries for consideration and evaluation as a potential priority products.

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(7) Existing law, the Environmental Laboratory Accreditation Act, requires certain laboratories that conduct analyses of environmental samples for regulatory purposes to obtain a certificate of accreditation from the State Water Resources Control Board. The act requires an accredited laboratory to report, in a timely fashion and in accordance with the request for analysis, the full and complete results of all detected contaminants and pollutants to the person or entity that submitted the material for testing. The act authorizes the board to adopt regulations to establish reporting requirements, establish the accreditation procedures, recognize the accreditation of laboratories located outside California, and collect laboratory accreditation fees. The act requires that fees collected for laboratory accreditation be adjusted annually, as specified. The act requires fees and civil penalties collected under the act to be deposited in the Environmental Laboratory Improvement Fund and that moneys in the fund be available for expenditure by the board, upon appropriation by the Legislature, for the purposes of the act.

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This bill would require the board to adopt, by emergency regulations, a schedule of fees to recover costs incurred for the accreditation of environmental laboratories in an amount sufficient to recover all reasonable regulatory costs incurred for the purposes of the act, as prescribed. This bill would require the board to review and revise the fees, as necessary, each fiscal year.

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Existing law, until January 1, 2017, requires, among other things, any laboratory that performs cholinesterase testing on human blood for an employer to enable the employer to satisfy his or her responsibilities for medical supervision of his or her employees who regularly handle pesticides pursuant to specified regulations or to respond to alleged exposure to cholinesterase inhibitors or known exposure to the inhibitors that resulted in illness to electronically report specified information in its possession on every person tested to the Department of Pesticide Regulation, which would be required to share the information in an electronic format with the Office of Environmental Health Hazard Assessment and the State Department of Public Health on an ongoing basis, as specified.

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

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(8) Existing law, the California Safe Drinking Water Act, provides for the operation of public water systems and imposes on the State Water Resources Control Board various duties and responsibilities for the regulation and control of drinking water in the state. The act, on and after July 1, 2016, requires the board to adopt, by regulation, a fee schedule, to be paid annually by each public water system for the purpose of reimbursing the board for specified activities. The act requires funds received by the board for the purposes of the act to be deposited into the Safe Drinking Water Account and provides that the moneys in the account are available, upon appropriation by the Legislature, for the administration of the act. The act prohibits the total amount of funds received for state operations program costs to administer the act for fiscal year 2016-17 from exceeding $30,450,000.

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This bill would raise that limit to $38,907,000.

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Existing law requires the board to conduct research, studies, and demonstration projects relating to the provision of a dependable, safe supply of drinking water, to adopt regulations to implement the act, and to enforce provisions of the federal Safe Drinking Water Act. Existing law authorizes the board to order physical or operational consolidation with a receiving water system where a public water system, or a state small water system within a disadvantaged community, consistently fails to provide an adequate supply of safe drinking water. Existing law defines a disadvantaged community for the purpose of these provisions as a community with an annual median household income that is less than 80% of the statewide annual median income and that is in an unincorporated area or is served by a mutual water company.

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This bill would revise the definition of disadvantaged community to include a community with an annual median household income that is less than 80% of the statewide annual median income that is served by a small public water system, as defined.

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(9) Existing law authorizes the Department of Water Resources, subject to available funding and in coordination with the Department of Fish and Wildlife, to undertake specified restoration efforts at the Salton Sea.

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This bill would authorize the Department of Water Resources to use design-build procurement for projects at the Salton Sea.

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Existing law requires either the Director of General Services or the Secretary of the Department of Corrections and Rehabilitation to notify the State Public Works Board regarding the method to be used for selecting a design-build entity, prior to advertising a design-build project.

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This bill would, for purposes of projects at the Salton Sea, instead require the Director of Water Resources to notify the California Water Commission regarding the method to be used for selecting a design-build entry, prior to advertising design-build project.

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(10) Existing law creates the Timber Regulation and Forest Restoration Fund in the State Treasury and requires that specified revenues received from a lumber or engineered wood products assessment, less amounts deducted for refunds and reimbursements, be deposited in the fund and, upon appropriation by the Legislature, used for specified purposes relating to forest management and restoration, in accordance with specified priorities.

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This bill would authorize the Natural Resources Agency to use moneys in the fund, upon appropriation by the Legislature and only after certain of those specified priorities are funded, to provide a reasonable per diem for attendance at a meeting of the advisory body for the state’s forest practice program by a member of the body who is not an employee of a government agency.

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(11) Existing law establishes the State Energy Resources Conservation and Development Commission (Energy Commission) in the Natural Resources Agency, and specifies the powers and duties of the Energy Commission with respect to energy resources in the state. Existing law requires the Public Utilities Commission to adopt rules and procedures governing the operation, maintenance, repair, and replacement of gas pipeline facilities that it regulates and that are intrastate transmission and distribution lines to, among other things, reduce emissions of natural gas from those facilities to the maximum extent feasible to advance the state’s goals in reducing emissions of greenhouse gases.

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This bill would require the Energy Commission, by September 15, 2017, and in consultation with certain entities, to report to the respective budget committees of each house of the Legislature on the resources needed to develop a plan for tracking natural gas, and a recommendation for developing the plan, considering cost-effectiveness and efficacy. The bill would require the State Air Resources Board, in consultation with the Energy Commission to develop a model of fugitive and vented emissions of methane from natural gas infrastructure, as specified.

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(12) The Bagley-Keene Open Meeting Act, with specified exceptions, requires that meetings of a state body be open and public and that all persons be permitted to attend.

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Existing law establishes the Strategic Growth Council and requires the council, among other things, to identify and review the activities and funding programs of member state agencies that may be coordinated to improve air and water quality. Existing law also requires the council’s meetings to be open to the public and subject to the Bagley-Keene Open Meeting Act, but exempts from that requirement meetings at which council staff and member agency staff are meeting to discuss, but not take final action on, specified matters.

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This bill would exempt meetings at which council members, council staff, and member agency staff are meeting to discuss, but not take final action on, those specified matters.

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Existing constitutional provisions require that a statute that limits the right of access to the meetings of public bodies or the writings of public officials and agencies be adopted with findings demonstrating the interest protected by the limitation and the need for protecting that interest.

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This bill would make legislative findings to that effect.

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(13) Existing law authorizes the issuance of environmental license plates, also referred to as personalized license plates, upon application of the registered owner or lessee of a vehicle. Existing law imposes a fee, in addition to the regular registration fee, of $48 for the issuance of, and $38 for the renewal, retention, transfer, or duplication of, the environmental license plates. Existing law requires that all revenue derived from these fees be deposited in the California Environmental License Plate Fund to be used, upon appropriation by the Legislature, for specified trust purposes.

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This bill would, commencing January 1, 2017, increase to $43 the fee for the renewal, retention, transfer, or duplication of environmental license plates. The bill would, commencing July 1, 2017, increase to $53 the fee for the issuance of environmental license plates.

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(14) Under existing law, the State Water Resources Control Board administers a water rights program pursuant to which the board grants permits and licenses to appropriate water. Existing law allows a person to apply for, and the board to issue, a temporary permit for diversion and use of water, subject to certain restrictions. Existing law allows a permittee or licensee who has an urgent need to change a point of diversion, place of use, or purpose of use to petition for, and the board to issue, a temporary change order, subject to certain restrictions. Existing law provides that the authorization for a temporary permit or a temporary change order automatically expires 180 days after the date the authorization takes effect and that the 180-day period does not include any time required for monitoring, reporting, or mitigation before or after the authorization to divert or use water under the temporary permit or temporary change order.

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This bill would provide that if the temporary permit or temporary change order authorizes diversion to storage, the 180-day period is a limitation on the authorization to divert and not a limitation on the authorization for beneficial use of water diverted to storage.

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Under existing law, the board and the California regional water quality control boards prescribe waste discharge requirements in accordance with the federal national pollutant discharge elimination system permit program established by the federal Clean Water Act, and the Porter-Cologne Water Quality Control Act (the act). The act establishes 9 regions, each governed by a California regional water quality control board comprised of 7 members appointed by the Governor, with prescribed experience or associations. Existing law requires that each member of a regional board receive $100 for each day that member is engaged in the performance of official duties, except that a member is not entitled to compensation if the member otherwise receives compensation from other sources for performing those duties. Existing law prohibits the total compensation received by members of each regional board from exceeding, in any one fiscal year, the sum of $13,500.

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This bill would require that each member of a regional board receive $250 for each day during which that member is engaged in the performance of official duties, without regard to compensation from other sources, and would specify that the performance of official duties includes reviewing agenda materials for no more than one day in preparation for each regional board meeting. This bill would prohibit the total compensation received by members of all of the regional boards from exceeding the sum of $378,250 in any one fiscal year.

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(15) Existing law, the Water Quality, Supply, and Infrastructure Improvement Act of 2014, approved by the voters as Proposition 1 at the November 4, 2014, statewide general election, authorizes the issuance of general obligation bonds in the amount of $7,545,000,000 to finance a water quality, supply, and infrastructure improvement program. The act requires each state agency that receives an appropriation from the funding made available by the act to administer a competitive grant or loan program under the act’s provisions to develop and adopt project solicitation and evaluation guidelines before disbursing the grants or loans. The act requires the Secretary of the Natural Resources Agency to publish and post on the Natural Resources Agency’s Internet Web site specified information in order to facilitate oversight of funding and projects. The act requires each state agency that receives an appropriation of funding made available by the act to be responsible for establishing metrics of success and reporting the status of projects and all uses of the funding on the state’s bond accountability Internet Web site. Existing law requires each state agency that receives an appropriation of funding made available by the act to evaluate the outcomes of projects, report this evaluation on the state’s bond accountability Internet Web site, and to hold a grantee of funds accountable for completing projects funded by the act on time and within scope.

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This bill, on or before January 10, 2017, and annually on or before each January 10 thereafter, would require the Natural Resources Agency to submit to the relevant fiscal and policy committees of the Legislature and to the Legislative Analyst’s Office a report that contains certain information relating to the act for the previous fiscal year. The bill would repeal this reporting requirement on January 1, 2022.

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Existing law, the California Emergency Services Act, sets forth the emergency powers of the Governor under its provisions and empowers the Governor to proclaim a state of emergency for certain conditions, including drought. During a state of emergency, existing law authorizes the Governor to suspend any regulatory statute, or statute prescribing the procedure for conduct of state business, or the orders, rules, or regulations of any state agency where the Governor determines and declares that strict compliance with any statute, order, rule, or regulation would in any way prevent, hinder, or delay the mitigation of the effects of the emergency. Pursuant to this authority, the Governor proclaimed a state of emergency, and a continued state of emergency, due to drought conditions and suspended certain statutes.

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This bill would require the Natural Resources Agency, on or before January 1, 2020, to submit to the relevant fiscal and policy committees of the Legislature and to the Legislative Analyst’s Office a report summarizing lessons learned from the state’s response to the drought and would require the report to compile information from various state entities responsible for drought response activities.

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(16) Existing law appropriates $3,750,000 on an annual basis only from fee revenue in the Water Rights Fund to the State Water resources Control Board for the purpose of funding 25 permanent water enforcement right positions.

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This bill would limit that appropriation in a specific manner.

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(17) This bill would appropriate $230,000 from the Timber Regulation and Forest Restoration Fund to the Secretary of the Natural Resources Agency to provide public process and scientific expertise and per diem payments to nongovernmental participants of Timber Regulation and Forest Restoration Program working groups.

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

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This bill would express the intent of the Legislature to enact statutory changes relating to the Budget Act of 2016.

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Vote: majority. Appropriation:  begin delete no end delete begin insert yes end insert . Fiscal committee:  begin delete no end delete begin insert yes end insert . State-mandated local program:  begin delete no end delete begin insert yes end insert .

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

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begin insert SECTION 1. end insert   

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begin insert Section 1602 of the end insert begin insert Fish and Game Code end insert begin insert is
amended to read: end insert

1602.  

(a) An entity begin delete may end delete begin insert shall end insert not substantially divert or
obstruct the natural flow of, or substantially change or use any
material from the bed, channel, or bank of, any river, stream, or
lake, or deposit or dispose of debris, waste, or other material
containing crumbled, flaked, or ground pavement where it may
pass into any river, stream, or lake, unless all of the following
occur:

(1) The department receives written notification regarding the
activity in the manner prescribed by the department. The
notification shall include, but is not limited to, all of the following:

(A) A detailed description of the project’s location and a map.

(B) The name, if any, of the river, stream, or lake affected.

(C) A detailed project description, including, but not limited to,
construction plans and drawings, if applicable.

(D) A copy of any document prepared pursuant to Division 13
(commencing with Section 21000) of the Public Resources Code.

(E) A copy of any other applicable local, state, or federal permit
or agreement already issued.

(F) Any other information required by the department.

(2) The department determines the notification is complete in
accordance with Chapter 4.5 (commencing with Section 65920)
of Division 1 of Title 7 of the Government Code, irrespective of
whether the activity constitutes a development project for the
purposes of that chapter.

(3) The entity pays the applicable fees, pursuant to Section 1609.

(4) One of the following occurs:

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(A)

end delete begin delete

(i)

end delete

begin insert (A) end insert begin insert   end insert begin insert (i) end insert  The department informs the entity, in writing, that the
activity will not substantially adversely affect an existing fish or
wildlife resource, and that the entity may commence the activity
without an agreement, if the entity conducts the activity as
described in the notification, including any measures in the
notification that are intended to protect fish and wildlife resources.

(ii) Each region of the department shall log the notifications of
activities where no agreement is required. The log shall list the
date the notification was received by the department, a brief
description of the proposed activity, and the location of the activity.
Each item shall remain on the log for one year. Upon written
request by any person, a regional office shall send the log to that
person monthly for one year. A request made pursuant to this
clause may be renewed annually.

(B) The department determines that the activity may
substantially adversely affect an existing fish or wildlife resource
and issues a final agreement to the entity that includes reasonable
measures necessary to protect the resource, and the entity conducts
the activity in accordance with the agreement.

(C) A panel of arbitrators issues a final agreement to the entity
in accordance with subdivision (b) of Section 1603, and the entity
conducts the activity in accordance with the agreement.

(D) The department does not issue a draft agreement to the
entity within 60 days from the date notification is complete, and
the entity conducts the activity as described in the notification,
including any measures in the notification that are intended to
protect fish and wildlife resources.

(b) (1) If an activity involves the routine maintenance and
operation of water supply, drainage, flood control, or waste
treatment and disposal facilities, notice to and agreement with the
department shall not be required after the initial notification and
agreement, unless the department determines either of the
following:

(A) The work described in the agreement has substantially
changed.

(B) Conditions affecting fish and wildlife resources have
substantially changed, and those resources are adversely affected
by the activity conducted under the agreement.

(2) This subdivision applies only if notice to, and agreement
with, the department was attained prior to January 1, 1977, and
the department has been provided a copy of the agreement or other
proof of the existence of the agreement that satisfies the
department, if requested.

begin insert

(c) Notwithstanding subdivision (a), the department is not
required to determine whether the notification is complete or
otherwise process the notification until the department has received
the applicable fees.

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(c)

end delete

begin insert (d) end insert  It is unlawful for any begin delete person end delete begin insert entity end insert to violate this chapter.

begin insert

begin insert SEC. 2. end insert   

end insert

begin insert Section 1609 of the end insert begin insert Fish and Game Code end insert begin insert is amended
to read: end insert

1609.  

(a) The begin delete director end delete begin insert department end insert may establish a graduated
schedule of fees to be charged to any entity subject to this chapter.
The fees charged shall be established in an amount necessary to
pay the total costs incurred by the department in administering and
enforcing this chapter, including, but not limited to, preparing and
submitting agreements and conducting inspections. The department
begin delete may end delete begin insert shall annually end insert adjust the fees pursuant to Section 713. Fees
received pursuant to this section shall be deposited in the Fish and
Game Preservation Fund.

(b) (1) The fee schedule established pursuant to subdivision
(a) begin delete may not impose end delete begin insert shall not include end insert a fee that exceeds five
thousand dollars ($5,000) for any begin delete agreement. end delete begin insert single project. end insert

(2) The fee limitation described in paragraph (1) does not apply
to begin insert any project included in end insert any agreement issued pursuant to
subdivision (g) of Section 1605.

begin insert

begin insert SEC. 3. end insert   

end insert

begin insert Section 1610 of the end insert begin insert Fish and Game Code end insert begin insert is amended
to read: end insert

1610.  

(a) Except as provided in subdivision (b), this chapter
does not apply to any of the following:

(1) Immediate emergency work necessary to protect life or
property.

(2) Immediate emergency repairs to public service facilities
necessary to maintain service as a result of a disaster in an area in
which a state of emergency has been proclaimed by the Governor
pursuant to Chapter 7 (commencing with Section 8550) of Division
1 of Title 2 of the Government Code.

(3) Emergency projects undertaken, carried out, or approved
by a state or local governmental agency to maintain, repair, or
restore an existing highway, as defined in Section 360 of the
Vehicle Code, within the existing right-of-way of the highway,
that has been damaged as a result of fire, flood, storm, earthquake,
land subsidence, gradual earth movement, or landslide, within one
year of the damage. Work needed in the vicinity above and below
a highway may be conducted outside of the existing right-of-way
if it is needed to stop ongoing or recurring mudslides, landslides,
or erosion that pose an immediate threat to the highway, or to
restore those roadways damaged by mudslides, landslides, or
erosion to their predamage condition and functionality. This
paragraph does not exempt from this chapter any project
undertaken, carried out, or approved by a state or local
governmental agency to expand or widen a highway damaged by
fire, flood, storm, earthquake, land subsidence, gradual earth
movement, or landslide. The exception provided in this paragraph
does not apply to a highway designated as an official state scenic
highway pursuant to Section 262 of the Streets and Highways
Code.

(b) The entity performing the emergency work described in
subdivision (a) shall notify the department of the work, in writing,
within 14 days of beginning the work. Any work described in the
emergency notification that does not meet the criteria for the
emergency work described in subdivision (a) is a violation of this
chapter if the entity did not first notify the department in
accordance with Section begin delete 1602. end delete begin insert 1602 or 1611. end insert

begin insert

begin insert SEC. 4. end insert   

end insert

begin insert Section 1613 of the end insert begin insert Fish and Game Code end insert begin insert is amended
to read: end insert

1613.  

If, after receiving a notification, but before the
department executes a final agreement, begin delete the director of end delete the
department informs the entity, in writing, that the activity described
in the notification, or any activity or conduct by the entity directly
related thereto, violates any provision of this code or the regulations
that implement the code, the department may suspend processing
the notification, and subparagraph (D) of paragraph (4) of
subdivision (a) of Section 1602 and the timelines specified in
Section 1603 do not apply. This section ceases to apply if any of
the following occurs:

(a) The department determines that the violation has been
remedied.

(b) Legal action to prosecute the violation is not filed within
the applicable statute of limitations.

(c) Legal action to prosecute the violation has been terminated.

begin insert

begin insert SEC. 5. end insert   

end insert

begin insert Section 1615 of the end insert begin insert Fish and Game Code end insert begin insert is amended
to read: end insert

1615.  

(a)  begin delete A person who end delete begin insert An entity that end insert violates this chapter is
subject to a civil penalty of not more than twenty-five thousand
dollars ($25,000) for each violation.

(b) The civil penalty imposed pursuant to subdivision (a) is
separate from, and in addition to, any other civil penalty imposed
pursuant to this section or any other provision of the law.

(c) In determining the amount of any civil penalty imposed
pursuant to this section, the court shall take into consideration all
relevant circumstances, including, but not limited to, the nature,
circumstance, extent, and gravity of the violation. In making this
determination, the court may consider the degree of toxicity and
volume of the discharge, the extent of harm caused by the violation,
whether the effects of the violation may be reversed or mitigated,
and, with respect to the defendant, the ability to pay, the effect of
any civil penalty on the ability to continue in business, any
voluntary cleanup efforts undertaken, any prior history of
violations, the gravity of the behavior, the economic benefit, if
any, resulting from the violation, and any other matters the court
determines that justice may require.

(d) Every civil action brought under this section shall be brought
by the Attorney General upon complaint by the department, or by
the district attorney or city attorney in the name of the people of
the State of California, and any actions relating to the same
violation may be joined or consolidated.

(e) (1) In any civil action brought pursuant to this chapter in
which a temporary restraining order, preliminary injunction, or
permanent injunction is sought, it is not necessary to allege or
prove at any stage of the proceeding any of the following:

(A) That irreparable damage will occur if the temporary
restraining order, preliminary injunction, or permanent injunction
is not issued.

(B) That the remedy at law is inadequate.

(2) The court shall issue a temporary restraining order,
preliminary injunction, or permanent injunction in a civil action
brought pursuant to this chapter without the allegations and without
the proof specified in paragraph (1).

(f) All civil penalties collected pursuant to this section shall not
be considered fines or forfeitures as defined in Section 13003, and
shall be apportioned in the following manner:

(1) Fifty percent shall be distributed to the county treasurer of
the county in which the action is prosecuted. Amounts paid to the
county treasurer shall be deposited in the county fish and wildlife
propagation fund established pursuant to Section 13100.

(2) Fifty percent shall be distributed to the department for
deposit in the Fish and Game Preservation Fund. These funds may
be expended to cover the costs of any legal actions or for any other
law enforcement purpose consistent with Section 9 of Article XVI
of the California Constitution.

begin insert

begin insert SEC. 6. end insert   

Section 2081.2 is added to the Fish and Game Code,
to read:

begin insert 2081.2. end insert   

(a) For the purposes of this section, the following
terms have the following meanings:

(1) “Permit” means any authorization issued by the department
pursuant to this article to take a species listed by this chapter as
candidate, threatened, or endangered.

(2) “Permittee” includes any individual, firm, association,
organization, partnership, business, trust, corporation, limited
liability company, district, city, county, city and county, town,
federal agency, and the state who applies for or who has received
a permit pursuant to this article.

(3) “Project” has the same meaning as defined in Section 21065
of the Public Resources Code.

(4) “Project cost” means the total direct and indirect project
expenses that include, but are not limited to, labor, equipment,
permanent materials and supplies, subcontracts, permits and
licenses, overhead, and miscellaneous costs.

(5) “Voluntary habitat restoration project” means a project
that meets both of the following requirements:

(A) The project’s primary purpose is voluntary habitat
restoration and the project may have other environmental benefits,
and the project is not required as mitigation due to a regulatory
action.

(B) The project is not part of a regulatory settlement, a
regulatory enforcement action, or a court order.

(b) (1) The department shall collect a permit application fee
for processing a permit application submitted pursuant to this
article at the time the permit application is submitted to the
department. Notwithstanding Section 2098, upon appropriation
to the department from the Endangered Species Permitting
Account, the department shall use the permit application fee to
pay for all or a portion of the department’s cost of processing
permit applications, permit development, and compliance
monitoring pursuant to this article.

(2) This subdivision does not apply to any of the following:

(A) Activities or costs associated with the review of projects,
inspection and oversight of projects, and permits necessary to
conduct timber operations, as defined in Section 4527 of the Public
Resources Code, in accordance with Article 9.5 (commencing with
Section 4629) of Chapter 8 of Part 2 of Division 4 of the Public
Resources Code.

(B) Permits or memoranda of understanding authorized by
subdivision (a) of Section 2081.

(C) Permits for voluntary habitat restoration projects.

(c) The department shall assess the permit application fee as
follows, subject to subdivision (f):

(1) For a project, regardless of estimated project cost, that is
subject only to Section 2080.1, 2080.3, or 2080.4, the department
shall assess either of the following amounts:

(A) Seven thousand five hundred dollars ($7,500).

(B) Six thousand dollars ($6,000), if the project uses a
department-approved conservation or mitigation bank to fulfill
mitigation obligations pursuant to this article.

(2) For a project where the estimated project cost is less than
one hundred thousand dollars ($100,000), the department shall
assess either of the following amounts:

(A) Seven thousand five hundred dollars ($7,500).

(B) Six thousand dollars ($6,000), if the project uses a
department-approved conservation or mitigation bank to fulfill
mitigation obligations pursuant to this article.

(3) For a project where the estimated project cost is one hundred
thousand dollars ($100,000) or more but less than five hundred
thousand dollars ($500,000), the department shall assess either
of the following amounts:

(A) Fifteen thousand dollars ($15,000).

(B) Twelve thousand dollars ($12,000), if the project uses a
department-approved conservation or mitigation bank to fulfill
mitigation obligations pursuant to this article.

(4) For a project where the estimated project cost is five hundred
thousand dollars ($500,000) or more, the department shall assess
either of the following amounts:

(A) Thirty thousand dollars ($30,000).

(B) Twenty-four thousand dollars ($24,000), if the project uses
a department-approved conservation or mitigation bank to fulfill
mitigation obligations pursuant to this article.

(5) The department shall collect a fee of seven thousand five
hundred dollars ($7,500) for processing permit amendments that
the department has determined are minor as defined in regulation
or fifteen thousand dollars ($15,000) for processing permit
amendments that the department has determined are major as
defined in regulation.

(d) (1) If the permit or amendment application fee paid pursuant
to subdivision (c) is determined by the department to be insufficient
to complete permitting work due to the complexity of a project or
the potential effects of a project, the department shall collect an
additional fee of up to ten thousand dollars ($10,000) from the
permittee to pay for its estimated costs. Upon its determination,
the department shall notify the permittee of the reasons why an
additional fee is necessary and the estimated amount of the
additional fee.

(2) The additional fee collected pursuant to paragraph (1) shall
not exceed an amount that, when added to the fee paid pursuant
to subdivision (c), equals thirty-five thousand dollars ($35,000).
The department shall collect the additional fee before a final
decision on the application by the department.

(e) (1) For an application submitted to the department pursuant
to this article on or after the effective date of this section, the
department shall collect the permit application fee at the time the
permit application is submitted. The department shall not deem
the application complete until it has collected the permit
application fee. A permit application submitted or deemed complete
prior to the effective date of this section shall not be subject to fees
established pursuant to this section.

(2) If a permit or amendment application is withdrawn within
30 days after paying the permit or amendment application fee, the
department shall refund any unused portion of the fee to the
permittee.

(3) If a permit or amendment application is withdrawn after 30
days of paying the permit or amendment application fee, the
department shall not refund any portion of the fee to the permittee.

(f) (1) The department shall adjust the fees in this section
pursuant to Section 713.

(2) The Legislature finds that all revenues generated under this
section and used for the purposes for which they were imposed
are not subject to Article XIII B of the California Constitution.

(3) The department, at least every five years, shall analyze
application fees pursuant to Section 713 to ensure the appropriate
fee amounts are charged.

(g) Fees paid to the department pursuant to this section shall
be deposited in the Endangered Species Permitting Account, which
is hereby established in the Fish and Game Preservation Fund.
Notwithstanding Section 2098, funds in the account shall be
available to the department, upon appropriation by the Legislature,
for the purposes of administering and implementing this chapter,
except that fee moneys collected pursuant to this section shall only
be used for the purposes of this article.

end insert

begin insert

begin insert SEC. 7. end insert   

end insert

begin insert Section 2942 of the end insert begin insert Fish and Game Code end insert begin insert is amended
to read: end insert

2942.  

(a) (1) The secretary, in consultation and coordination
with the authority, shall lead the Salton Sea restoration efforts that
shall include all of the following:

(A) Early start habitat demonstration projects.

(B) Biological investigations relating to the restoration of the
Salton Sea.

(C) Investigations of water quality, sedimentation, and inflows
relating to the restoration of the Salton Sea.

(D) Air quality investigations, in consultation and coordination
with local and regional air quality agencies, relating to the
restoration of the Salton Sea.

(E) Geotechnical investigations relating to the restoration of the
Salton Sea.

(F) Financial assistance grant programs to support restoration
activities of local stakeholders.

(2) Nothing in this article shall alter any state responsibility
under the Quantification Settlement Agreement or the state’s
authority to carry out any responsibility under the Quantification
Settlement Agreement.

(3) (A) To the extent that funding is appropriated to the
department for Salton Sea restoration activities, the Department
of Water Resources, in coordination and under agreement with the
department, may undertake restoration efforts identified in this
subdivision.

(B) The department and the Department of Water Resources
shall do all of the following for the Salton Sea Species
Conservation Habitat Project:

(i) Immediately make available relevant information relating to
the factors that influence the cost and size of the alternatives
discussed in the environmental impact report or environmental
impact statement for the species habitat conservation program.

(ii) Release all available detail on a final project design
immediately, or upon final determination of a least environmentally
damaging preferred alternative by the United States Army Corps
of Engineers. Details of a final project design shall include location,
configuration, size, and cost.

(iii) Immediately make available project evaluation protocols
that include the following principles of adaptive management:

(I) Goals and objectives of the project.

(II) The project design and an operations plan.

(III) A monitoring plan that will include metrics that identify
benefits to the species.

(IV) A performance evaluation based on species population
identified through monitoring.

(V) A decisionmaking framework to evaluate project
performance and guide operations and management changes.

(b) (1) The authority may lead a feasibility study, in
coordination and under contract with the secretary, to do the
following:

(A) Investigate access and utility agreements that may contribute
to the future funding of restoration activities at the Salton Sea.

(B) Analyze all feasible funding sources for restoration program
components and activities.

(C) Analyze economic development opportunities, including,
but not limited to, renewable energy, biofuels, mineral
development, and algae production for the purposes of identifying
new revenue sources for the Salton Sea restoration efforts.

(D) Identify state procurement and royalty sharing opportunities.

(E) Review existing long-term plans for restoration of the Salton
Sea and recommend to the secretary changes to existing restoration
plans. In any review pursuant to this subparagraph, the authority
shall consider the impacts of the restoration plan on air quality,
fish and wildlife habitat, water quality, and the technical and
financial feasibility of the restoration plan and shall consider the
impacts on other agencies responsible for air quality, endangered
species, and other environmental mitigation requirements for
implementation of the Quantification Settlement Agreement.

(2) No evaluation, study, review, or other activity pursuant to
this article shall delay the planning and implementation of ongoing
and planned restoration or mitigation projects, including, but not
limited to, the Salton Sea Species Conservation Habitat Project or
other measures pursuant to existing state and federal programs and
agreements.

begin insert

(c) Notwithstanding any other law, the Department of Water
Resources is authorized to use design-build procurement authority
for projects constructed at the Salton Sea in accordance with
Article 6 (commencing with Section 10187) of Chapter 1 of Part
2 of Division 2 of the Public Contract Code.

end insert

begin insert

begin insert SEC. 8. end insert   

Section 12008.1 is added to the Fish and Game Code,
to read:

begin insert 12008.1. end insert   

(a) Notwithstanding Section 12002 or 12008, the
punishment for any violation of Section 2080 or 2085 is a fine of
not less than twenty-five thousand dollars ($25,000) or more than
fifty thousand dollars ($50,000) for each violation or imprisonment
in the county jail for not more than one year, or by both that fine
and imprisonment.

(b) Notwithstanding any other law, the moneys collected from
any fine or forfeiture imposed or collected for violating Chapter
1.5 (commencing with Section 2050) of Division 3 shall be
deposited as follows:

(1) One-half in the Endangered Species Permitting Account
established pursuant to Section 2081.2.

(2) One-half in the county treasury of the county in which the
violation occurred. The board of supervisors shall first use
revenues pursuant to this subdivision to reimburse the costs
incurred by the district attorney or city attorney in investigating
and prosecuting the violation. Any excess revenues may be
expended in accordance with Section 13103.

end insert

begin insert

begin insert SEC. 9. end insert   

end insert

begin insert Section 12157 of the end insert begin insert Fish and Game Code end insert begin insert is amended
to read: end insert

12157.  

(a) Except as provided in subdivision (b), the judge
before whom any person is tried for a violation of any provision
of this code, or regulation adopted pursuant thereto, may, upon
the conviction of the person tried, order the forfeiture of any device
or apparatus that is designed to be, or is capable of being, used to
take birds, mammals, fish, reptiles, or amphibia and that was used
in committing the offense charged.

(b) The judge shall, if the offense is punishable under Section
12008 begin insert or 12008.1 end insert of this code or under subdivision (c) of Section
597 of the Penal Code, order the forfeiture of any device or
apparatus that is used in committing the offense, including, but
not limited to, any vehicle that is used or intended for use in
delivering, importing, or exporting any unlawfully taken, imported,
or purchased species.

(c) (1) The judge may, for conviction of a violation of any of
the following offenses, order forfeiture of any device or apparatus
that is used in committing the offense, including, but not limited
to, any vehicle used or intended for use in committing the offense:

(A) Section 2000 relating to deer, elk, antelope, feral pigs,
European wild boars, black bears, and brown or cinnamon bears.

(B) Any offense that involves the sale, purchase, or possession
of abalone for commercial purposes.

(C) Any offense that involves the sale, purchase, or possession
of sturgeon or lobster, pursuant to Section 7370 or 8254.

(D) Any offense that involves a violation of Section 12012.

(E) A violation of subdivision (b) of Section 12013.

(2) In considering an order of forfeiture under this subdivision,
the court shall take into consideration the nature, circumstances,
extent, and gravity of the prohibited act committed, the degree of
culpability of the violator, the property proposed for forfeiture,
and other criminal or civil penalties imposed on the violator under
other provisions of law for that offense. The court shall impose
lesser forfeiture penalties under this subdivision for those acts that
have little significant effect upon natural resources or the property
of another and greater forfeiture penalties for those acts that may
cause serious injury to natural resources or the property of another,
as determined by the court. In determining whether or not to order
forfeiture of a vehicle, the court shall, in addition to any other
relevant factor, consider whether the defendant is the owner of the
vehicle and whether the owner of the vehicle had knowledge of
the violation.

(3) It is the intent of the Legislature that forfeiture not be ordered
pursuant to this subdivision for minor or inadvertent violations,
as determined by the court.

(d) A judge shall not order the forfeiture of a vehicle under this
section if there is a community property interest in the vehicle that
is owned by a person other than the defendant and the vehicle is
the only vehicle available to the defendant’s immediate family that
may be operated on the highway with a class A, class B, or class
C driver’s license.

(e) Any device or apparatus ordered forfeited shall be sold, used,
or destroyed by the department.

(f) (1) The proceeds from all sales under this section, after
payment of any valid liens on the forfeited property, shall be paid
into the Fish and Game Preservation Fund.

(2) A lien in which the lienholder is a conspirator is not a valid
lien for purposes of this subdivision.

(g) The provisions in this section authorizing or requiring a
judge to order the forfeiture of a device or apparatus also apply to
the judge, referee, or juvenile hearing officer in a juvenile court
action brought under Section 258 of the Welfare and Institutions
Code.

(h) For purposes of this section, a plea of nolo contendere or no
contest, or forfeiture of bail, constitutes a conviction.

(i) Neither the disposition of the criminal action other than by
conviction nor the discretionary refusal of the judge to order
forfeiture upon conviction impairs the right of the department to
commence proceedings to order the forfeiture of fish nets or traps
pursuant to Section 8630.

begin insert

begin insert SEC. 10. end insert   

end insert

begin insert Section 12159.5 of the end insert begin insert Fish and Game Code end insert begin insert is
amended to read: end insert

12159.5.  

The judge before whom any person is tried for a
violation of a provision of this code that prohibits the taking of
any endangered species, threatened species, or fully protected bird,
mammal, reptile, amphibian, or fish, as specified by begin delete Section 12008, end delete
begin insert Sections 12008 and 12008.1, end insert may, in the court’s discretion and
upon the conviction of that person, order the forfeiture of any
proceeds resulting from the taking of the endangered species,
threatened species, or fully protected bird, mammal, reptile,
amphibian, or fish.

begin insert

begin insert SEC. 11. end insert   

end insert

begin insert Section 52334 of the end insert begin insert Food and Agricultural Code end insert begin insert is
repealed. end insert

begin delete

52334.  

Notwithstanding any other law, on and after January
1, 2015, a city, county, or district, including a charter city or
county, shall not adopt or enforce an ordinance that regulates
plants, crops, or seeds without the consent of the secretary. An
ordinance enacted before January 1, 2015, shall be considered part
of the comprehensive program of the department and shall be
enforceable.

end delete

begin insert

begin insert SEC. 12. end insert   

Section 52334 is added to the Food and Agricultural
Code, to read:

begin insert 52334. end insert   

The declaration of a plant, seed, nursery stock, or crop
as invasive is a power reserved for the secretary.

end insert

begin insert

begin insert SEC. 13. end insert   

end insert

begin insert Section 8670.48.3 of the end insert begin insert Government Code end insert begin insert is
amended to read: end insert

8670.48.3.  

(a) Notwithstanding subparagraph (A) of paragraph
(1) of subdivision (f) of Section 8670.48, a loan or other transfer
of money from the fund to the General Fund begin insert or a special fund end insert
pursuant to the Budget Act that reduces the balance of the Oil Spill
Response Trust Fund to less than or equal to 95 percent of the
designated amount specified in subdivision (a) of Section 46012
of the Revenue and Taxation Code shall not obligate the
administrator to resume collection of the oil spill response fee
otherwise required by this begin delete article end delete begin insert article, except that, for a General
Fund loan or transfer, the administrator’s obligation is suspended
only end insert if both of the following conditions are met:

(1) The annual Budget Act requires a transfer or loan from the
fund begin insert to the General Fund end insert to be repaid to the fund with interest
calculated at a rate earned by the Pooled Money Investment
Account as if the money had remained in the fund.

(2) The annual Budget Act requires begin delete all end delete begin insert the General Fund end insert
transfers or loans to be repaid to the fund on or before June 30,

begin delete 2017. end delete begin insert 2019. end insert

(b) A transfer or loan described in subdivision (a) shall be repaid
as soon as possible if a spill occurs and the administrator
determines that response funds are needed immediately.

(c) If there is a conflict between this section and any other law
or enactment, this section shall control.

(d) This section shall become inoperative on July 1, begin delete 2017, end delete begin insert 2019, end insert
and, as of January 1, begin delete 2018, end delete begin insert 2020, end insert is repealed, unless a later enacted
statute, that becomes operative on or before January 1, begin delete 2018, end delete begin insert 2020, end insert
deletes or extends the dates on which it becomes inoperative and
is repealed.

begin insert

begin insert SEC. 14. end insert   

end insert

begin insert Section 12812.2 of the end insert begin insert Government Code end insert begin insert is amended
to read: end insert

12812.2.  

(a) One of the deputies to the Secretary for
Environmental Protection shall be a deputy secretary for law
enforcement and counsel, who, subject to the direction and
supervision of the secretary, shall have the responsibility and
authority to do all of the following:

(1) Develop a program to ensure that the boards, departments,
offices, and other agencies that implement laws or regulations
within the jurisdiction of the California Environmental Protection
Agency take consistent, effective, and coordinated compliance
and enforcement actions to protect public health and the
environment. The program shall include training and cross-training
of inspection and enforcement personnel of those boards,
departments, offices, or other agencies to ensure consistent,
effective, and coordinated enforcement.

(2)  begin insert (A) end insert begin insert   end insert In consultation with the Attorney General, establish a
cross-media enforcement unit to assist a board, department, office,
or other agency that implements a law or regulation within the
jurisdiction of the California Environmental Protection Agency,
to investigate and prepare matters for enforcement action in order
to protect public health and the environment. The unit may inspect
and investigate a violation of a law or regulation within the
jurisdiction of the board, department, office, or other agency,
including a violation involving more than one environmental
medium and a violation involving the jurisdiction of more than
one board, department, office, or agency. The unit shall exercise
its authority consistent with the authority granted to the head of a
department pursuant to Article 2 (commencing with Section 11180)
of Chapter 2 of Part 1.

begin insert

(B) Each board, department, or office within the California
Environmental Protection Agency shall participate and have
representatives in the cross-media enforcement unit established
pursuant to this section. The unit, including those representatives,
shall undertake activities consistent with Section 71110 of the
Public Resources Code and shall give priority to activities in
disadvantaged communities identified by the California
Environmental Protection Agency pursuant to Section 39711 of
the Health and Safety Code.

end insert

(3) Refer a violation of a law or regulation within the jurisdiction
of a board, department, office, or other agency that implements a
law or regulation within the jurisdiction of the California
Environmental Protection Agency to the Attorney General, a
district attorney, or city attorney for the filing of a civil or criminal
action.

(4) Exercise the authority granted pursuant to paragraph (3)
only after providing notice to the board, department, office, or
other agency unless the secretary determines that notice would
compromise an investigation or enforcement action.

(b) Nothing in this section shall authorize the deputy secretary
for law enforcement and counsel to duplicate, overlap, compromise,
or otherwise interfere with an investigation or enforcement action
undertaken by a board, department, office, or other agency that
implements a law or regulation subject to the jurisdiction of the
California Environmental Protection Agency.

(c) The Environmental Protection Agency shall post on its Web
site, updated no later than December 1 of each year, the status of
the implementation of this section.

begin insert

begin insert SEC. 15. end insert   

end insert

begin insert Section 25150.7 of the end insert begin insert Health and Safety Code end insert begin insert is
amended to read: end insert

25150.7.  

(a) The Legislature finds and declares that this section
is intended to address the unique circumstances associated with
the generation and management of treated wood waste. The
Legislature further declares that this section does not set a
precedent applicable to the management, including disposal, of
other hazardous wastes.

(b) For purposes of this section, the following definitions shall
apply:

(1) “Treated wood” means wood that has been treated with a
chemical preservative for purposes of protecting the wood against
attacks from insects, microorganisms, fungi, and other
environmental conditions that can lead to decay of the wood, and
the chemical preservative is registered pursuant to the Federal
Insecticide, Fungicide, and Rodenticide Act (7 U.S.C. Sec. 136 et
seq.).

(2) “Wood preserving industry” means business concerns, other
than retailers, that manufacture or sell treated wood products in
the state.

(c) This section applies only to treated wood waste that, solely
due to the presence of a preservative in the wood, is a hazardous
waste and to which both of the following requirements apply:

(1) The treated wood waste is not subject to regulation as a
hazardous waste under the federal act.

(2) Section 25143.1.5 does not apply to the treated wood waste.

(d) (1) Notwithstanding Sections 25189.5 and 25201, treated
wood waste shall be disposed of in either a class I hazardous waste
landfill, or in a composite-lined portion of a solid waste landfill
unit that meets all requirements applicable to disposal of municipal
solid waste in California after October 9, 1993, and that is regulated
by waste discharge requirements issued pursuant to Division 7
(commencing with Section 13000) of the Water Code for
discharges of designated waste, as defined in Section 13173 of the
Water Code, or treated wood waste.

(2) A solid waste landfill that accepts treated wood waste shall
comply with all of the following requirements:

(A) Manage the treated wood waste to prevent scavenging.

(B) Ensure that any management of the treated wood waste at
the solid waste landfill before disposal, or in lieu of disposal,
complies with the applicable requirements of this chapter, except
as otherwise provided by regulations adopted pursuant to
subdivision (f).

(C) If monitoring at the composite-lined portion of a landfill
unit at which treated wood waste has been disposed of indicates
a verified release, then treated wood waste shall not be discharged
to that landfill unit until corrective action results in cessation of
the release.

(e) (1) Each wholesaler and retailer of treated wood and treated
wood-like products in this state shall conspicuously post
information at or near the point of display or customer selection
of treated wood and treated wood-like products used for fencing,
decking, retaining walls, landscaping, outdoor structures, and
similar uses. The information shall be provided to wholesalers and
retailers by the wood preserving industry in 22-point type, or larger,
and contain the following message:

Warning--Potential Danger

These products are treated with wood preservatives registered
with the United States Environmental Protection Agency and the
California Department of Pesticide Regulation and should only be
used in compliance with the product labels.

This wood may contain chemicals classified by the State of
California as hazardous and should be handled and disposed of
with care. Check product label for specific preservative information
and Proposition 65 warnings concerning presence of chemicals
known to the State of California to cause cancer or birth defects.

Anyone working with treated wood, and anyone removing old
treated wood, needs to take precautions to minimize exposure to
themselves, children, pets, or wildlife, including:

□ Avoid contact with skin. Wear gloves and long sleeved shirts
when working with treated wood. Wash exposed areas thoroughly
with mild soap and water after working with treated wood.


□ Wear a dust mask when machining any wood to reduce the
inhalation of wood dusts. Avoid frequent or prolonged inhalation
of sawdust from treated wood. Machining operations should be
performed outdoors whenever possible to avoid indoor
accumulations of airborne sawdust.

□ Wear appropriate eye protection to reduce the potential for eye
injury from wood particles and flying debris during machining.

□ If preservative or sawdust accumulates on clothes, launder
before reuse. Wash work clothes separately from other household
clothing.

□ Promptly clean up and remove all sawdust and scraps and
dispose of appropriately.

□ Do not use treated wood under circumstances where the
preservative may become a component of food or animal feed.

□ Only use treated wood that’s visibly clean and free from surface
residue for patios, decks, or walkways.

□ Do not use treated wood where it may come in direct or indirect
contact with public drinking water, except for uses involving
incidental contact such as docks and bridges.

□ Do not use treated wood for mulch.

□ Do not burn treated wood. Preserved wood should not be burned
in open fires, stoves, or fireplaces.

For further information, go to the Internet Web site
http://www.preservedwood.org and download the free Treated
Wood Guide mobile application.

In addition to the above listed precautions, treated wood waste
shall be managed in compliance with applicable hazardous waste
control laws.

(2) On or before July 1, 2005, the wood preserving industry
shall, jointly and in consultation with the department, make
information available to generators of treated wood waste,
including fencing, decking, and landscape contractors, solid waste
landfills, and transporters, that describes how to best handle,
dispose of, and otherwise manage treated wood waste, through the
use either of a toll-free telephone number, Internet Web site,
information labeled on the treated wood, information
accompanying the sale of the treated wood, or by mailing if the
department determines that mailing is feasible and other methods
of communication would not be as effective. A treated wood
manufacturer or supplier to a wholesaler or retailer shall also
provide the information with each shipment of treated wood
products to a wholesaler or retailer, and the wood preserving
industry shall provide it to fencing, decking, and landscaping
contractors, by mail, using the Contractors’ State License Board’s
available listings, and license application packages. The department
may provide guidance to the wood preserving industry, to the
extent resources permit.

(f) (1) On or before January 1, 2007, the department, in
consultation with the Department of Resources Recycling and
Recovery, the State Water Resources Control Board, and the Office
of Environmental Health Hazard Assessment, and after
consideration of any known health hazards associated with treated
wood waste, shall adopt and may subsequently revise as necessary,
regulations establishing management standards for treated wood
waste as an alternative to the requirements specified in this chapter
and the regulations adopted pursuant to this chapter.

(2) The regulations adopted pursuant to this subdivision shall,
at a minimum, ensure all of the following:

(A) Treated wood waste is properly stored, treated, transported,
tracked, disposed of, and otherwise managed to prevent, to the
extent practical, releases of hazardous constituents to the
environment, prevent scavenging, and prevent harmful exposure
of people, including workers and children, aquatic life, and animals
to hazardous chemical constituents of the treated wood waste.

(B) Treated wood waste is not reused, with or without treatment,
except for a purpose that is consistent with the approved use of
the preservative with which the wood has been treated. For
purposes of this subparagraph, “approved uses” means a use
approved at the time the treated wood waste is reused.

(C) Treated wood waste is managed in accordance with all
applicable laws.

(D) Any size reduction of treated wood waste is conducted in
a manner that prevents the uncontrolled release of hazardous
constituents to the environment, and that conforms to applicable
worker health and safety requirements.

(E) All sawdust and other particles generated during size
reduction are captured and managed as treated wood waste.

(F) All employees involved in the acceptance, storage, transport,
and other management of treated wood waste are trained in the
safe and legal management of treated wood waste, including, but
not limited to, procedures for identifying and segregating treated
wood waste.

(g) (1) A person managing treated wood waste who is subject
to a requirement of this chapter, including a regulation adopted
pursuant to this chapter, shall comply with either the alternative
standard specified in the regulations adopted pursuant to
subdivision (f) or with the requirements of this chapter.

(2) A person who is in compliance with the alternative standard
specified in the regulations adopted pursuant to subdivision (f) is
deemed to be in compliance with the requirement of this chapter
for which the regulation is identified as being an alternative, and
the department and any other entity authorized to enforce this
chapter shall consider that person to be in compliance with that
requirement of this chapter.

(h) On January 1, 2005, all variances granted by the department
before January 1, 2005, governing the management of treated wood
waste are inoperative and have no further effect.

(i) This section does not limit the authority or responsibility of
the department to adopt regulations under any other law.

(j)  begin delete (1) end delete begin delete   end delete On or before begin delete January end delete begin insert July end insert 1, 2018, the department shall
prepare, post on its Internet Web site, and provide to the
appropriate policy committees of the Legislature, a comprehensive
report on the compliance with, and implementation of, this section.
The report shall include, but not be limited to, all of the following:

begin delete

(A)

end delete

begin insert (1) end insert  Data, and evaluation of that data, on the rates of compliance
with this section and injuries associated with handling treated wood
waste based on department inspections of treated wood waste
generator sites and treated wood waste disposal facilities. To gather
data to perform the required evaluation, the department shall do
all of the following:

begin delete

(i)

end delete

begin insert (A) end insert  The department shall inspect representative treated wood
waste generator sites and treated wood waste disposal facilities,
which shall not to be less than 25 percent of each.

begin delete

(ii)

end delete

begin insert (B) end insert  The department shall survey and otherwise seek information
on how households are currently handling, transporting, and
disposing of treated wood waste, including available information
from household hazardous waste collection facilities, solid waste
transfer facilities, solid waste disposal facility load check programs,
and CUPAs.

begin delete

(iii)

end delete

begin insert (C) end insert  The department shall, by survey or otherwise, seek data to
determine whether sufficient information and convenient collection
and disposal options are available to household generators of
treated wood waste.

begin delete

(B)

end delete

begin insert (2) end insert  An evaluation of the adequacy of protective measures taken
in tracking, handling, and disposing of treated wood waste.

begin delete

(C)

end delete

begin insert (3) end insert  Data regarding the unauthorized disposal of treated wood
waste at disposal facilities that have not been approved for that
disposal.

begin delete

(D)

end delete

begin insert (4) end insert  Conclusions regarding the handling of treated wood waste.

begin delete

(E)

end delete

begin insert (5) end insert  Recommendations for changes to the handling of treated
wood waste to ensure the protection of public health and the
environment.

begin delete

(2) The requirement for submitting a report imposed under this
subdivision is inoperative on January 1, 2022, pursuant to Section
10231.5 of the Government Code.

end delete

(k) This section shall become inoperative on December 31,
2020, and, as of January 1, 2021, is repealed, unless a later enacted
statute, that becomes operative on or before January 1, 2021,
deletes or extends the dates on which it becomes inoperative and
is repealed.

begin insert

begin insert SEC. 16. end insert   

end insert

begin insert Section 25150.84 of the end insert begin insert Health and Safety Code end insert begin insert is
amended to read: end insert

25150.84.  

(a) The department is authorized to collect an annual
fee from all metal shredding facilities that are subject to the
requirements of this chapter or to the alternative management
standards adopted pursuant to Section 25150.82. The department
shall establish and adopt regulations necessary to administer this
fee and to establish a fee schedule that is set at a rate sufficient to
reimburse the department’s costs to implement this chapter as
applicable to metal shredder facilities. The fee schedule established
by the department may be updated periodically as necessary and
shall provide for the assessment of no more than the reasonable
and necessary costs of the department to implement this chapter,
as applicable to metal shredder facilities.

(b) The Controller shall establish a separate subaccount in the
Hazardous Waste Control Account. The fees collected pursuant
to this section shall be deposited into the subaccount and be
available for expenditure by the department upon appropriation
by the Legislature.

(c) A regulation adopted pursuant to this section may be adopted
as an emergency regulation in accordance with Chapter 3.5
(commencing with Section 11340) of Part 1 of Division 3 of Title
2 of the Government Code, and for the purposes of that chapter,
including Section 11349.6 of the Government Code, the adoption
of these regulations is an emergency and shall be considered by
the Office of Administrative Law as necessary for the immediate
preservation of the public peace, health, safety, and general welfare.
Notwithstanding Chapter 3.5 (commencing with Section 11340)
of Part 1 of Division 3 of Title 2 of the Government Code, an
emergency regulation adopted by the department pursuant to this
section shall be filed with, but not be repealed by, the Office of
Administrative Law and shall remain in effect for a period of two
years or until revised by the department, whichever occurs sooner.

(d) (1) A metal shredding facility paying an annual fee in
accordance with this section shall be exempt from the following
fees as the fees pertain to metal shredding activities and the
generation, handling, management, transportation, and disposal
of metal shredder waste:

(A) A fee imposed pursuant to begin delete subdivision (a) or (d) of end delete Section
25205.7.

(B) A disposal fee imposed pursuant to Section 25174.1.

(C) A facility fee imposed pursuant to Section 25205.2.

(D) A generator fee imposed pursuant to Section 25205.5.

(E) A transportable treatment unit fee imposed pursuant to
Section 25205.14.

(2) A metal shredding facility is not exempt from the fees listed
in paragraph (1) for any other hazardous waste the metal shredding
facility generates and handles.

begin insert

begin insert SEC. 17. end insert   

end insert

begin insert Section 25189.3 of the end insert begin insert Health and Safety Code end insert begin insert is
amended to read: end insert

25189.3.  

(a) For purposes of this section, the term “permit”
means a hazardous waste facilities permit, interim status
authorization, or standardized permit.

(b) The department shall suspend the permit of any facility for
nonpayment of any facility fee assessed pursuant to Section
25205.2 or activity fee assessed pursuant to begin delete subdivision (d) of end delete
Section 25205.7, if the operator of the facility is subject to the fee,
and if the begin insert department or end insert State Board of Equalization has certified
in writing to all of the following:

(1) The facility’s operator is delinquent in the payment of the
fee for one or more reporting periods.

(2) The begin insert department or end insert State Board of Equalization has notified
the facility’s operator of the delinquency.

(3)  begin delete The end delete begin insert (A) end insert begin insert   end insert begin insert For a facility operator that elected to pay the flat
activity fee rate pursuant subdivision (d) of Section 25205.7, as
that section read on January 1, 2016, the end insert operator has exhausted
begin delete the end delete begin insert his or her end insert administrative rights of appeal provided by Chapter
3 (commencing with Section 43151) of Part 22 of Division 2 of
the Revenue and Taxation Code, and the State Board of
Equalization has determined that the operator is liable for the fee,
or that the operator has failed to assert those rights.

begin insert

(B) For a facility operator that pays the activity fee under a
reimbursement agreement with the department pursuant to
subdivision (a) of Section 25205.7, the operator has exhausted the
dispute resolution procedures adopted by the department pursuant
to subparagraph (H) of paragraph (2) of subdivision (b) of Section
25206.2.

end insert

(c) (1) The department shall suspend the permit of any facility
for nonpayment of a penalty assessed upon the owner or operator
for failure to comply with this chapter or the regulations adopted
pursuant to this chapter, if the penalty has been imposed by a trial
court judge or by an administrative hearing officer, if the person
has agreed to pay the penalty pursuant to a written agreement
resolving a lawsuit or an administrative order, or if the penalty has
become final due to the person’s failure to respond to the lawsuit
or order.

(2) The department may suspend a permit pursuant to this
subdivision only if the owner or operator is delinquent in the
payment of the penalty and the department has notified the owner
or operator of the delinquency pursuant to subdivision (d).

(d) Before suspending a permit pursuant to this section, the
department shall notify the owner or operator of its intent to do
so, and shall allow the owner or operator a minimum of 30 days
in which to cure the delinquency.

(e) The department may deny a new permit or refuse to renew
a permit on the same grounds for which the department is required
to suspend a permit under this section, subject to the same
requirements and conditions.

(f) (1) The department shall reinstate a permit that is suspended
pursuant to this section upon payment of the amount begin delete due, end delete begin insert due end insert if
the permit has not otherwise been revoked or suspended pursuant
to any other provision of this chapter or regulation. Until the
department reinstates a permit suspended pursuant to this section,
if the facility stores, treats, disposes of, or recycles hazardous
wastes, the facility shall be in violation of this chapter. If the
operator of the facility subsequently pays the amount due, the
period of time for which the operator shall have been in violation
of this chapter shall be from the date of the activity that is in
violation until the day after the owner or operator submits the
payment to the department.

(2) Except as otherwise provided in this section, the department
is not required to take any other statutory or regulatory procedures
governing the suspension of the permit before suspending a permit
in compliance with the procedures of this section.

(g) (1) A suspension under this section shall be stayed while
an authorized appeal of the fee or penalty is pending before a court
or an administrative agency.

(2) For purposes of this subdivision, “an authorized appeal”
means any appeal allowed pursuant to an applicable regulation or
statute.

(h) The department may suspend a permit under this section
based on a failure to pay the required fee or penalty that
commenced begin delete prior to end delete begin insert before end insert January 1, 2002, if the failure to pay
has been ongoing for at least 30 days following that date.

(i) Notwithstanding Section 43651 of the Revenue and Taxation
Code, the suspension of a permit pursuant to this section, the reason
for the suspension, and any documentation supporting the
suspension, shall be a matter of public record.

(j) (1) This section does not authorize the department to suspend
a permit held by a government agency if the agency does not
dispute the payment but nonetheless is unable to process the
payment in a timely manner.

(2) This section does not apply to a site owned or operated by
a federal agency if the department has entered into an agreement
with that federal agency regarding the remediation of that site.

(k) This section does not limit or supersede Section 25186.

begin insert

begin insert SEC. 18. end insert   

end insert

begin insert Section 25205.7 of the end insert begin insert Health and Safety Code end insert begin insert is
amended to read: end insert

25205.7.  

(a) (1)  begin delete Except as otherwise provided in this section,
any end delete begin insert A end insert person who applies for, or requests, begin delete one end delete begin insert any end insert of the following
shall enter into a written agreement with the department pursuant
to which that person shall reimburse the department, pursuant to
Article 9.2 (commencing with Section 25206.1), for the costs
incurred by the department in processing the application or
responding to the request:

(A) A new hazardous waste facilities permit, including a
standardized permit.

(B) A hazardous waste facilities permit for postclosure.

(C) A renewal of an existing hazardous waste facilities permit,
including a standardized permit or postclosure permit.

(D) A class 2 or class 3 modification of an existing hazardous
waste facilities permit or grant of interim status, including a
standardized permit or grant of interim status or a postclosure
permit.

(E) A variance.

(F) A waste classification determination.

(2)  begin delete Any end delete begin insert An end insert agreement required pursuant to paragraph (1) begin delete may end delete
begin insert shall end insert provide for begin delete some, or all, end delete begin insert at least 25 percent end insert of the
reimbursement to be made in advance of the processing of the
application or the response to the request. begin insert The 25-percent advance
payment shall be based upon the department’s total estimated
costs of processing the application or response to the request. end insert

(3)  begin delete Any end delete begin insert An end insert agreement entered into pursuant to this begin delete subdivision
may end delete begin insert section shall, if applicable, end insert include costs of reviewing and
overseeing corrective action as set forth in subdivision (b).

begin delete

(4)  This subdivision does not apply to any application or request
submitted to the department prior to July 1, 1998. Any person who
submitted such an application or request shall pay the applicable
fee, if not already paid, for the application or request as required
by this chapter as it read prior to January 1, 1998, unless the
department and the applicant or requester mutually agree to enter
into a reimbursement agreement in lieu of any unpaid portion of
the required fee.

end delete

(b)  begin delete The department shall recover all end delete begin insert An applicant pursuant to
paragraph (1) of subdivision (a) and the owner and the operator
of the facility shall pay end insert the department’s costs in reviewing and
overseeing any corrective action program described in the
application for a standardized permit pursuant to subparagraph (C)
of paragraph (2) of subdivision (c) of Section 25201.6 or required
pursuant to subdivision (b) of Section 25200.10, and in reviewing
and overseeing any corrective action work undertaken at the facility
pursuant to that corrective action program.

begin insert

(c) (1) An applicant pursuant to paragraph (1) of subdivision
(a) and the owner and the operator of the facility shall, pursuant
to Section 21089 of the Public Resources Code, pay all costs
incurred by the department for purposes of complying with the
California Environmental Quality Act (Division 13 (commencing
with Section 21000) of the Public Resources Code), in conjunction
with an application or request for any of the activities identified
in subdivision (a), including any activities associated with
correction action.

end insert begin insert

(2) Paragraph (1) does not apply to projects that are exempt
from the California Environmental Quality Act (Division 13
(commencing with Section 21000) of the Public Resources Code).

end insert begin delete

(c)

end delete

begin insert (d) end insert  Any reimbursements received pursuant to this section shall
be placed in the Hazardous Waste Control Account for
appropriation in accordance with Section 25174.

begin delete

(d)  (1)  In lieu of entering into a reimbursement agreement
with the department pursuant to subdivision (a), any person who
applies for a new permit, a permit for postclosure, a renewal of an
existing permit, or a class 2 or class 3 permit modification may
instead elect to pay a fee as follows:

(A)  A person submitting a hazardous waste facilities permit
application for a land disposal facility shall pay one hundred four
thousand one hundred eighty-seven dollars ($104,187) for a small
facility, two hundred twenty-two thousand one hundred
eighty-three dollars ($222,183) for a medium facility, and three
hundred eighty-one thousand six hundred two dollars ($381,602)
for a large facility.

(B)  A person submitting a hazardous waste facilities permit
application for any incinerator shall pay sixty-two thousand seven
hundred sixty-two dollars ($62,762) for a small facility, one
hundred thirty-three thousand sixty dollars ($133,060) for a
medium facility, and two hundred twenty-eight thousand four
hundred fifty-eight dollars ($228,458) for a large facility.

(C)  Except as provided in subparagraph (D), a person
submitting a hazardous waste facility permit application for a
storage facility, a treatment facility, or a storage and treatment
facility shall pay twenty-one thousand three hundred forty dollars
($21,340) for a small facility, thirty-eight thousand nine hundred
thirteen dollars ($38,913) for a medium facility, and seventy-five
thousand three hundred seventeen dollars ($75,317) for a large
facility.

(D)  A person submitting an application for a standardized
permit for a storage facility, a treatment facility, or a storage and
treatment facility, as specified in Section 25201.6, shall pay
thirty-two thousand fifty-two dollars ($32,052) for a Series A
standardized permit, twenty thousand eleven dollars ($20,011) for
a Series B standardized permit, and five thousand three hundred
thirty-two dollars ($5,332) for a Series C standardized permit. The
board shall assess the fees specified in this subparagraph, in
accordance with paragraph (2), based upon the classifications
specified in subdivision (a) of Section 25201.6.

(E)  (i)  A person submitting a hazardous waste facilities permit
application for a transportable treatment unit shall pay sixteen
thousand three hundred twenty dollars ($16,320) for a small unit,
thirty-seven thousand six hundred fifty-seven dollars ($37,657)
for a medium unit, and seventy-five thousand three hundred
seventeen dollars ($75,317) for a large unit.

(ii)  Notwithstanding clause (i), the fee for any application for
a new permit, permit modification, or permit renewal for a
transportable treatment unit, that was pending before the
department as of January 1, 1996, shall be determined according
to the type of permit authorizing operation of that unit, as provided
by subdivision (d) of Section 25200.2 or the regulations adopted
pursuant to subdivision (a) of Section 25200.2. Any standardized
permit issued to the operator of a transportable treatment unit after
January 1, 1996, that succeeds a full hazardous waste facilities
permit issued by the department prior to January 1, 1996, in
accordance with subdivision (d) of Section 25200.2 or the
regulations adopted pursuant to subdivision (a) of Section 25200.2,
shall not be considered to be a new hazardous waste facilities
permit.

(F)  A person submitting a hazardous waste facilities permit
application for a postclosure permit shall pay a fee of ten thousand
forty dollars ($10,040) for a small facility, twenty-two thousand
five hundred ninety-six dollars ($22,596) for a medium facility,
and thirty-seven thousand six hundred fifty-seven dollars ($37,657)
for a large facility.

(G)  A person submitting an application for one or more class
2 permit modifications, including a class 2 modification to a
standardized permit, shall pay a fee equal to 20 percent of the fee
for a new permit for that facility for each unit directly impacted
by the modifications, up to a maximum of 40 percent for each
application, except that each person who applies for one or more
class 2 permit modifications for a land disposal facility or an
incinerator shall pay a fee equal to 15 percent of the fee for a new
permit for that facility for each unit directly impacted by the
modifications, up to a maximum of 30 percent for each application.

(H)  A person submitting an application for one or more class
3 permit modifications, including a class 3 modification to a
standardized permit, shall pay a fee equal to 40 percent of the fee
for a new permit for that facility for each unit directly impacted
by the modifications, up to a maximum of 80 percent for each
application, except that a person who applies for one or more class
3 permit modifications for a land disposal facility or an incinerator
shall pay a fee equal to 30 percent of the fee for a new permit for
that facility for each unit directly impacted by the modifications,
up to a maximum of 60 percent for each application.

(I)  A person who submits an application for renewal of any
existing permit shall pay an amount equal to the fee that would
have been assessed had the person requested the same changes in
a modification application, but not less than one-half the fee
required for a new permit.

(J)  A person who submits a single application for a facility that
falls within more than one fee category shall pay only the higher
fee.

(2)  The fees required by paragraph (1) shall be assessed by the
board upon application to the department. For a facility operating
pursuant to a grant of interim status, the submittal of the application
shall be the submittal of the Part B application in accordance with
regulations adopted by the department. The fee shall be
nonrefundable, even if the application is withdrawn or denied. The
department shall provide the board with any information that is
necessary to assess fees pursuant to this section. The fee shall be
collected in accordance with Part 22 (commencing with Section
43001) of Division 2 of the Revenue and Taxation Code, and
deposited into the Hazardous Waste Control Account.

(3)  The amounts stated in this subdivision are the base rates
for the 1997 calendar year. Thereafter, the fees shall be adjusted
annually by the board to reflect increases or decreases in the cost
of living, during the prior fiscal year, as measured by the Consumer
Price Index issued by the Department of Industrial Relations, or
a successor agency.

(4)  Except as provided in paragraph (5), for purposes of this
section, and notwithstanding Section 25205.1, any facility or unit
is “small” if it manages 0.5 tons (1,000 pounds) or less of
hazardous waste during any one month of the state’s current fiscal
year, “medium” if it manages more than 0.5 tons (1,000 pounds),
but less than 1,000 tons, of hazardous waste during any one month
of the state’s current fiscal year, and “large” if it manages 1,000
or more tons of hazardous waste during any one month of the
state’s current fiscal year.

(5)  For purposes of subparagraph (F) of paragraph (1) of this
subdivision and paragraph (8) of subdivision (c) of Section
25205.4, any facility or unit is “small” if 0.5 tons (1,000 pounds)
or less of hazardous waste remain after closure, “medium” if more
than 0.5 tons (1,000 pounds), but less than 1,000 tons of hazardous
waste remain after closure, and “large” if 1,000 or more tons of
hazardous waste remain after closure.

(6)  The amounts stated in this subdivision are in addition to
any amounts required to reimburse the department for the corrective
action review and oversight costs required to be recovered pursuant
to subdivision (b).

end delete

(e) Subdivision (a) does not apply to any variance granted
pursuant to Article 4 (commencing with Section 66263.40) of
Chapter 13 of Division 4.5 of Title 22 of the California Code of
Regulations.

begin delete

(f)  Subdivisions (a) and (d) do not apply to a permit
modification resulting from a revision of a facility’s or operator’s
closure plan if the facility is exempted from fees pursuant to
subdivision (e) of Section 25205.3, or if the operator is subject to
paragraph (2) or (3) of subdivision (d) of Section 25205.2.

end delete begin delete

(g)  (1)  Except as provided in paragraphs (3) and (4),
subdivisions (a) and (d) do not apply to any permit or variance to
operate a research, development, and demonstration facility, if the
duration of the permit or variance is not longer than one year,
unless the permit or variance is renewed pursuant to the regulations
adopted by the department.

end delete begin delete

(2)  For purposes of this section, a “research, development, and
demonstration facility” is a facility which proposes to utilize an
innovative and experimental hazardous waste treatment technology
or process for which regulations prescribing permit standards have
not been adopted.

end delete begin delete

(3)  The exemption provided by this subdivision does not apply
to a facility which operates as a medium or large multiuser offsite
commercial hazardous waste facility and which does not otherwise
possess a hazardous waste facilities permit pursuant to Section
25200.

end delete begin delete

(4)  The fee exemption authorized pursuant to paragraph (1)
shall be effective for a total duration of not more than two years.

end delete begin delete

(h) Subdivisions (a) and (d) do

end delete

begin insert (f) end insert begin insert   end insert begin insert Subdivision (a) does end insert not apply to any of the following:

(1) Any variance issued to a public agency to transport wastes
for purposes of operating a household hazardous waste collection
facility, or to transport waste from a household hazardous waste
collection facility, which receives household hazardous waste or
hazardous waste from conditionally exempted small quantity
generators pursuant to Article 10.8 (commencing with Section
25218).

(2) A permanent household hazardous waste collection facility.

(3) Any variance issued to a public agency to conduct a
collection program for agricultural wastes.

begin delete

(i)  Notwithstanding subdivisions (a) and (b), the department
shall not assess any fees or seek any reimbursement for the
department’s costs in reviewing and overseeing any preliminary
site assessment in conjunction with a hazardous waste facilities
permit application.

(j)  The changes made in this section by Chapter 870 of the
Statutes of 1997 do not require amendment of, or otherwise affect,
any agreement entered into prior to July 1, 1998, pursuant to which
any person has agreed to reimburse the department for the costs
incurred by the department in processing applications, responding
to requests, or otherwise providing other services pursuant to this
chapter.

end delete begin insert

(g) Fees imposed pursuant to this section shall be administered
and collected by the department.

end insert begin insert

(h) (1) The changes made in this section by the act that added
this subdivision apply to applications and requests submitted to
the department on and after April 1, 2016.

end insert begin insert

(2) If, on and after April 1, 2016, an applicant has submitted
an application and paid a fee pursuant to subdivision (d), as that
subdivision read on April 1, 2016, but before the act that added
this subdivision took effect, the department shall determine the
difference between the amount paid by the applicant and the
amount due pursuant to subdivision (a), and that applicant shall
be liable for that amount.

end insert begin insert

(3) Acknowledging a limited period of retroactive application
of the elimination of the flat fee option pursuant to this subdivision,
the Legislature finds and declares all of the following:

end insert begin insert

(A) The department expends a substantial amount of time and
resources in processing permit applications and modifications.

end insert begin insert

(B) The former flat fee option paid by applicants was most often
insufficient to cover actual costs to the department in reviewing
and processing the applications and modifications.

end insert begin insert

(C) The applicant, being the primary beneficiary of the permit
process, in fairness should pay the actual costs of the department
in reviewing permit applications and modifications.

end insert begin insert

(D) The amendment to this section during the 2015-16 Regular
Session eliminating the flat fee option and requiring applicants to
enter into a written reimbursement agreement with the department
is intended to apply to applications and modification requests filed
on or after April 1, 2016, in order to remedy this financial inequity
and to avoid an influx of the submission of applications to the
department before amendment to this section goes into effect.

end insert

begin insert

begin insert SEC. 19. end insert   

end insert

begin insert Section 25205.18 of the end insert begin insert Health and Safety Code end insert begin insert is
amended to read: end insert

25205.18.  

(a) If a facility has a permit or an interim status
document which sets forth the facility’s allowable capacity for
treatment or storage, the facility’s size for purposes of the annual
facility fee begin insert pursuant to Section 25205.2 end insert shall be based upon that
capacity, except as provided in subdivision (d).

(b) If a facility’s allowable capacity changes or is initially
established as a result of a permit modification, or a submission
of a certification pursuant to subdivision (d), the fee that is due for
the reporting period in which the change occurs shall be the begin delete lower
fee until December 31, 1994. After that date, the fee that is due
for the reporting period in which a change occurs shall be the end delete
higher fee.

(c)  begin delete (1) end delete begin delete   end delete The department may require the facility to submit an
application to modify its permit to provide for an allowable
capacity.

begin delete

(2)  Subdivisions (a) and (d) of Section 25205.7 do not apply
to an application for modification required by the department
pursuant to this subdivision.

end delete

(d) A facility may reduce its allowable capacity below the
amounts specified in subdivision (a) or (c) by submitting a
certification signed by the owner or operator in which the owner
or operator pledges that the facility will not handle hazardous waste
at a capacity above the amount specified in the certification. In
that case, the facility’s size for purposes of the annual facility fee
begin insert pursuant to Section 25205.2 end insert shall be based upon the capacity
specified in the certification, until the certification is withdrawn.
Exceeding the capacity limits specified in a certification that has
not been withdrawn shall be a violation of the hazardous waste
control law and may subject a facility or its operator to a penalty
and corrective action as provided in this begin delete chapter, including, but
not limited to, an augmentation pursuant to Section 25191.1. end delete

begin insert chapter. end insert

(e) This section shall have no bearing on the imposition of the
annual postclosure facility fee.

begin insert

begin insert SEC. 20. end insert   

end insert

begin insert Section 25205.19 of the end insert begin insert Health and Safety Code end insert begin insert is
amended to read: end insert

25205.19.  

(a) If a facility has a permit or an interim status
document which sets forth the facility’s type, pursuant to Section
25205.1, as either treatment, storage, or disposal, the facility’s
type for purposes of the annual facility fee begin insert pursuant to Section
25205.2 end insert shall be rebuttably presumed to be what is set forth in that
permit or document.

(b) If the facility’s type changes as a result of a permit or interim
status modification, any change in the annual facility fee shall be
effective the reporting period following the one in which the
modification becomes effective.

(c)  begin delete (1) end delete begin delete   end delete If the facility’s permit or interim status document does
not set forth its type, the department may require the facility to
submit an application to modify the permit or interim status
document to provide for a facility type.

begin delete

(2)  Subdivisions (a) and (d) of Section 25205.7 do not apply
to an application for modification pursuant to this subdivision.

end delete

(d) A permit or interim status document may set forth more than
one facility type or size. In accordance with subdivision begin delete (e) end delete begin insert (d) end insert of
Section 25205.4, the facility shall be subject only to the highest
applicable fee.

begin insert

begin insert SEC. 21. end insert   

end insert

begin insert Section 25247 of the end insert begin insert Health and Safety Code end insert begin insert is
amended to read: end insert

25247.  

(a) The department shall review each plan submitted
pursuant to Section 25246 and shall approve the plan if it finds
that the plan complies with the regulations adopted by the
department and complies with all other applicable state and federal
regulations.

(b) The department shall not approve the plan until at least one
of the following occurs:

(1) The plan has been approved pursuant to Section 13227 of
the Water Code.

(2) Sixty days expire after the owner or operator of an interim
status facility submits the plan to the department. If the department
denies approval of a plan for an interim status facility, this 60-day
period shall not begin until the owner or operator resubmits the
plan to the department.

(3) The director finds that immediate approval of the plan is
necessary to protect public health, safety, or the environment.

(c) Any action taken by the department pursuant to this section
is subject to Section 25204.5.

(d) (1) To the extent consistent with the federal act, the
department shall impose the requirements of a hazardous waste
facility postclosure plan on the owner or operator of a facility
through the issuance of an enforcement order, entering into an
enforceable agreement, or issuing a postclosure permit.

(A) A hazardous waste facility postclosure plan imposed or
modified pursuant to an enforcement order, a permit, or an
enforceable agreement shall be approved in compliance with the
California Environmental Quality Act (Division 13 (commencing
with Section 21000) of the Public Resources Code).

(B) Before the department initially approves or significantly
modifies a hazardous waste facility postclosure plan pursuant to
this subdivision, the department shall provide a meaningful
opportunity for public involvement, which, at a minimum, shall
include public notice and an opportunity for public comment on
the proposed action.

(C) For the purposes of subparagraph (B), a “significant
modification” is a modification that the department determines
would constitute a class 3 permit modification if the change were
being proposed to a hazardous waste facilities permit. In
determining whether the proposed modification would constitute
a class 3 modification, the department shall consider the similarity
of the modification to class 3 modifications codified in Appendix
I of Chapter 20 (commencing with Section 66270.1) of Division
4.5 of Title 22 of the California Code of Regulations. In
determining whether the proposed modification would constitute
a class 3 modification, the department shall also consider whether
there is significant public concern about the proposed modification,
and whether the proposed change is so substantial or complex in
nature that the modification requires the more extensive procedures
of a class 3 permit modification.

(2) This subdivision does not limit or delay the authority of the
department to order any action necessary at a facility to protect
public health or safety.

(3) If the department imposes a hazardous waste facility
postclosure plan in the form of an enforcement order or enforceable
agreement, in lieu of issuing or renewing a postclosure permit, the
owner or operator who submits the plan for approval shall, at the
time the plan is submitted, begin delete pay the same fee specified in
subparagraph (F) of paragraph (1) of subdivision (d) of Section
25205.7, or end delete enter into a cost reimbursement agreement pursuant
to begin delete subdivision (a) of end delete Section 25205.7 and upon commencement
of the postclosure period shall pay the fee required by paragraph
(9) of subdivision (c) of Section 25205.4. For purposes of this
paragraph and paragraph (9) of subdivision (c) of Section 25205.4,
the commencement of the postclosure period shall be the effective
date of the postclosure permit, enforcement order, or enforceable
agreement.

(4) In addition to any other remedy available under state law to
enforce a postclosure plan imposed in the form of an enforcement
order or enforcement agreement, the department may take any of
the following actions:

(A) File an action to enjoin a threatened or continuing violation
of a requirement of the enforcement order or agreement.

(B) Require compliance with requirements for corrective action
or other emergency response measures that the department deems
necessary to protect human health and the environment.

(C) Assess or file an action to recover civil penalties and fines
for a violation of a requirement of an enforcement order or
agreement.

(e) Subdivision (d) does not apply to a postclosure plan for
which a final or draft permit has been issued by the department on
or before December 31, 2003, unless the department and the facility
mutually agree to replace the permit with an enforcement order or
enforceable agreement pursuant to the provisions of subdivision
(d).

(f) (1) Except as provided in paragraphs (2) and (3), the
department may only impose postclosure plan requirements through
an enforcement order or an enforceable agreement pursuant to
subdivision (d) until January 1, 2009.

(2) This subdivision does not apply to an enforcement order or
enforceable agreement issued begin delete prior to end delete begin insert before end insert January 1, 2009, or
an order or agreement for which a public notice is issued on or
before January 1, 2009.

(3) This subdivision does not apply to the modification on or
after January 1, 2009, of an enforcement order or enforceable
agreement that meets the conditions in paragraph (2).

(g) If the department determines that a postclosure permit is
necessary to enforce a postclosure plan, the department may, at
any time, rescind and replace an enforcement order or an
enforceable agreement issued pursuant to this section by issuing
a postclosure permit for the hazardous waste facility, in accordance
with the procedures specified in the department’s regulations for
the issuance of postclosure permits.

(h) Nothing in this section may be construed to limit or delay
the authority of the department to order any action necessary at a
facility to protect public health or safety, or the environment.

begin insert

begin insert SEC. 22. end insert   

Section 25253.5 is added to the Health and Safety
Code, to read:

begin insert 25253.5. end insert   

The department shall revise its 2015-17 Priority
Product Work Plan to include lead acid batteries for consideration
and evaluation as a potential priority product.

end insert

begin insert

begin insert SEC. 23. end insert   

end insert

begin insert Section 100829 of the end insert begin insert Health and Safety Code end insert begin insert is
amended to read: end insert

100829.  

The begin delete department end delete begin insert State Water Resources Control Board end insert
may do all of the following related to accrediting environmental
laboratories in the state:

(a) Offer both state accreditation and NELAP accreditation,
which shall be considered equivalent for regulatory activities
covered by this article.

(b) Adopt regulations to establish the accreditation procedures
for both types of accreditation.

(c) Retain exclusive authority to grant NELAP accreditation.

(d) Accept certificates of accreditation from laboratories that
have been accredited by other NELAP-recognized accrediting
authorities.

(e) Adopt regulations to establish procedures for recognizing
the accreditation of laboratories located outside California for
activities regulated under this article.

(f) (1) Adopt begin delete regulations end delete begin insert a schedule of fees to recover costs
incurred end insert for the begin delete collection of laboratory accreditation fees. end delete

begin insert accreditation of environmental laboratories. Consistent with
Section 3 of Article XIII end insert begin insert   end insert begin insert A of the California Constitution, the board
shall set the fees under this section in an amount sufficient to
recover all reasonable regulatory costs incurred for the purposes
of this article. end insert

begin delete

(2) Fees collected under this section shall be adjusted annually
as provided in Section 100425. The adjustment shall be rounded
to the nearest whole dollar.

end delete begin insert

(2) The board shall set the amount of total revenue collected
each year through the fee schedule at an amount equal to the
amount appropriated by the Legislature in the annual Budget Act
from the Environmental Laboratory Improvement Fund for
expenditure for the administration of this article, taking into
account the reserves in the Environmental Laboratory Improvement
Fund. The board shall review and revise the fees each fiscal year
as necessary to conform with the amounts appropriated by the
Legislature. If the board determines that the revenue collected
during the preceding year was greater than, or less than, the
amounts appropriated by the Legislature, the board may further
adjust the fees to compensate for the over or under collection of
revenue.

end insert begin insert

(3) The board shall adopt the schedule of fees by emergency
regulation. The emergency regulations may include provisions
concerning the administration and collection of the fees. Any
emergency regulations adopted pursuant to this section, any
amendment to those regulations, or subsequent adjustments to the
annual fees, shall be adopted by the board in accordance with
Chapter 3.5 (commencing with Section 11340) of Part 1 of Division
3 of Title 2 of the Government Code. The adoption of these
regulations is an emergency and shall be considered by the Office
of Administrative Law as necessary for the immediate preservation
of the public peace, health, safety, and general welfare.
Notwithstanding Chapter 3.5 (commencing with Section 11340)
of Part 1 of Division 3 of Title 2 of the Government Code, any
emergency regulations adopted by the board, or adjustments to
the annual fees made by the board pursuant to this section, are
not subject to review by the Office of Administrative Law and
remain in effect until revised by the board.

end insert begin delete

(3)

end delete

begin insert (4) end insert  Fees shall be set for the two types of accreditation provided
for in subdivision begin delete (a). end delete begin insert (a), including application fees. end insert

begin delete

(4)

end delete

begin insert (5) end insert  Programs operated under this article shall be fully
fee-supported.

begin insert

begin insert SEC. 24. end insert   

end insert

begin insert Section 100860.1 of the end insert begin insert Health and Safety Code end insert begin insert is
amended to read: end insert

100860.1.  

(a) At the time of application begin insert for ELAP certification end insert
and annually thereafter, from the date of the issuance of the
certificate, a laboratory shall pay an ELAP certification begin delete fee. This
fee shall consist of a base or administrative fee and a fee for each
of the ELAP fields of testing listed below for which the laboratory
has requested ELAP certification. These fees shall be
nonrefundable and adopted in regulations, and shall be sufficient
to allow the ELAP program to be fully fee-supported. The fields
of testing for ELAP certification and their code numbers are the
following: end delete begin insert fee, according to the fee schedule established by the
State Water Resources Control Board pursuant to Section 100829. end insert

begin delete

(E101)  Microbiology of drinking water.

(E102)  Inorganic chemistry of drinking water.

(E103)  Toxic chemical elements of drinking water.

(E104)  Volatile organic chemistry of drinking water.

(E105)  Semi-volatile organic chemistry of drinking water.

(E106)  Radiochemistry of drinking water.

(E107)  Microbiology of wastewater.

(E108)  Inorganic chemistry of wastewater.

(E109)  Toxic chemical elements of wastewater.

(E110)  Volatile organic chemistry of wastewater.

(E111)  Semi-volatile organic chemistry of wastewater.

(E112)  Radiochemistry of wastewater.

(E113)  Whole effluent toxicity of wastewater.

(E114)  Inorganic chemistry and toxic chemical elements of
hazardous waste.

(E115)  Extraction test of hazardous waste.

(E116)  Volatile organic chemistry of hazardous waste.

(E117)  Semi-volatile organic chemistry of hazardous waste.

(E118)  Radiochemistry of hazardous waste.

(E119)  Toxicity bioassay of hazardous waste.

(E120)  Physical properties of hazardous waste.

(E121)  Bulk asbestos analysis of hazardous waste.

(E122)  Microbiology of food.

(E123)  Inorganic chemistry and toxic chemical elements of
pesticide residues in food.

(E124)  Organic chemistry of pesticide residues in food
(measurements by MS techniques).

(E125)  Organic chemistry of pesticide residues in food
(excluding measurements by MS techniques).

(E126)  Microbiology of recreational water.

(E127)  Air quality monitoring.

(E128)  Shellfish sanitation.

(b)  In addition to the payment of ELAP certification fees,
laboratories located outside the State of California shall reimburse
the department for travel and per diem necessary to perform onsite
inspections.

(c)  If reciprocity with another jurisdiction is established by
regulation as described in Section 100830, the regulations may
provide for the waiver of certification fees for program activities
considered equivalent.

(d)  Fees collected under this section shall be adjusted annually
as specified in Section 100425. The adjustment shall be rounded
to the nearest whole dollar. It is the intent of the Legislature that
the programs operated under this article be fully fee-supported.

end delete begin delete

(e)

end delete

begin insert (b) end insert  State and local government-owned laboratories in California
begin delete established under Section 101150 or end delete performing work only in a
reference capacity as a reference laboratory are exempt from the
payment of the begin delete fee prescribed under subdivision (a). end delete begin insert fees prescribed
pursuant to Section 100829. end insert

begin delete

(f)  In addition to the payment of certification fees, laboratories
certified or applying for certification in fields of testing for
pesticide residues in food shall pay a fee directly to the designated
proficiency testing provider for the cost of each proficiency testing
sample set.

(g)

end delete

begin insert (c) end insert  In addition to the payment of begin delete certification fees, end delete begin insert fees
authorized by Section 100829, end insert laboratories certified or applying
for certification shall pay directly to the designated proficiency
testing provider the cost of the proficiency testing study.

begin delete

(h)

end delete

begin insert (d) end insert  For the purpose of this section, a reference laboratory is a
laboratory owned and operated by a governmental regulatory
agency for the principal purpose of analyzing samples referred by
begin delete other laboratories end delete begin insert another governmental regulatory agency or
another laboratory end insert for confirmatory analysis. begin delete Reference
laboratories carry out quality assurance functions for other
laboratories and may carry out unusual, highly specialized, and
difficult analyses not generally available through commercial
laboratories, and a limited number of routine analyses, for
regulatory purposes only, and without assessing per-sample fees
for the services. end delete

begin delete

(i)  This section shall become operative January 1, 2002.

end delete

begin insert

begin insert SEC. 25. end insert   

end insert

begin insert Section 100862 of the end insert begin insert Health and Safety Code end insert begin insert is
amended to read: end insert

100862.  

(a) At the time of application for NELAP accreditation
and annually thereafter, from the date of the issuance of the
accreditation, a laboratory shall pay a begin delete base fee and a fee for each
of the NELAP fields of testing listed below for which a laboratory
has requested NELAP accreditation. The fees shall be
nonrefundable and set in regulations, and shall be sufficient to
allow the NELAP program to be fully fee supported. The fields
of testing for NELAP accreditation and their code numbers are all
of the following: end delete begin insert NELAP accreditation fee, according to the fee
schedule established by the State Water Resources Control Board
pursuant to Section 100829. end insert

begin delete

(N101)  Microbiology of drinking water.

(N102)  Inorganic chemistry of drinking water.

(N103)  Toxic chemical elements of drinking water.

(N104)  Volatile organic chemistry of drinking water.

(N105)  Semi-volatile organic chemistry of drinking water.

(N106)  Radiochemistry of drinking water.

(N107)  Microbiology of wastewater.

(N108)  Inorganic chemistry of wastewater.

(N109)  Toxic chemical elements of wastewater.

(N110)  Volatile organic chemistry of wastewater.

(N111)  Semi-volatile organic chemistry of wastewater.

(N112)  Radiochemistry of wastewater.

(N113)  Whole effluent toxicity of wastewater.

(N114)  Inorganic chemistry and toxic chemical elements of
hazardous waste.

(N115)  Extraction test of hazardous waste.

(N116)  Volatile organic chemistry of hazardous waste.

(N117)  Semi-volatile organic chemistry of hazardous waste.

(N118)  Radiochemistry of hazardous waste.

(N119)  Toxicity bioassay of hazardous waste.

(N120)  Physical properties of hazardous waste.

(N121)  Bulk asbestos analysis of hazardous waste.

(b)  Fees for NELAP accreditation shall be adjusted annually
as specified in Section 100425.

(c)

end delete

begin insert (b) end insert  In addition to the payment of begin delete accreditation fees, end delete begin insert fees
authorized by Section 100829, end insert laboratories accredited or applying
for accreditation shall pay directly to the designated proficiency
testing provider the cost of the proficiency testing studies.

begin insert

begin insert SEC. 26. end insert   

end insert

begin insert Section 105206 of the end insert begin insert Health and Safety Code end insert begin insert is
amended to read: end insert

105206.  

(a) A laboratory that performs cholinesterase testing
on human blood drawn in California for an employer to enable the
employer to satisfy his or her responsibilities for medical
supervision of his or her employees who regularly handle pesticides
pursuant to Section 6728 of Title 3 of the California Code of
Regulations or to respond to alleged exposure to cholinesterase
inhibitors or known exposure to cholinesterase inhibitors that
resulted in illness shall report the information specified in
subdivision (b) to the Department of Pesticide Regulation. Reports
shall be submitted to the Department of Pesticide Regulation on,
at a minimum, a monthly basis. For the purpose of meeting the
requirements in subdivision (d), the reports shall be submitted via
electronic media and formatted in a manner approved by the
director. The Department of Pesticide Regulation shall share
information from cholinesterase reports with the begin delete OEHHA end delete begin insert Office
of Environmental Health Hazard Assessment (OEHHA) end insert and the
State Department of Public Health on an ongoing basis, in an
electronic format, for the purpose of meeting the requirements of
subdivisions (e) and (f).

(b) The testing laboratory shall report all of the following
information in its possession in complying with subdivision (a):

(1) The test results in International Units per milliliter of sample
(IU/mL).

(2) The purpose of the test, including baseline or other periodic
testing, pursuant to the requirements of Section 6728 of Title 3 of
the California Code of Regulations, or evaluation of suspected
pesticide illness.

(3) The name of the person tested.

(4) The date of birth of the person tested.

(5) The name, address, and telephone number of the health care
provider or medical supervisor who ordered the analysis.

(6) The name, address, and telephone number of the analyzing
laboratory.

(7) The accession number of the specimen.

(8) The date that the sample was collected from the patient and
the date the result was reported.

(9) Contact information for the person tested and his or her
employer, if known and readily available.

(c) The medical supervisor ordering the test for a person
pursuant to subdivision (a) shall note in the test order the purpose
of the test, pursuant to paragraph (2) of subdivision (b), and ensure
that the person tested receives a copy of the cholinesterase test
results and any recommendations from the medical supervisor
within 14 days of the medical supervisor receiving the results.

(d) All information reported pursuant to this section shall be
confidential, as provided in Section 100330, except that the
OEHHA, the Department of Pesticide Regulation, and the State
Department of Public Health may share the information for the
purpose of surveillance, case management, investigation,
environmental remediation, or abatement with the appropriate
county agricultural commissioner and local health officer.

(e) The OEHHA shall review the cholinesterase test results and
may provide an appropriate medical or toxicological consultation
to the medical supervisor. In addition to the duties performed
pursuant to Section 105210, the OEHHA, in consultation with the
Department of Pesticide Regulation and the local health officer,
may provide medical and toxicological consultation, as appropriate,
to the county agricultural commissioner to address medical issues
related to the investigation of cholinesterase inhibitor-related
illness.

(f) By December 31, 2015, the Department of Pesticide
Regulation and the OEHHA, in consultation with the State
Department of Public Health, shall prepare a report on the
effectiveness of the medical supervision program and the utility
of laboratory-based reporting of cholinesterase testing for illness
surveillance and prevention. The joint report may include
recommendations to the Legislature that the Department of
Pesticide Regulation and the OEHHA deem necessary. The
Department of Pesticide Regulation and the OEHHA shall make
the report publicly available on their Internet Web sites.

(g) This section shall remain in effect only until January 1, begin delete 2017, end delete
begin insert 2019, end insert and as of that date is repealed, unless a later enacted statute,
that is enacted before January 1, begin delete 2017, end delete begin insert 2019, end insert deletes or extends
that date.

begin insert

begin insert SEC. 27. end insert   

Section 116590 of the Health and Safety Code, as
added by Section 26 of Chapter 24 of the Statutes of 2015, is
amended to read:

begin insert 116590. end insert   

(a) Funds received by the state board pursuant to
this chapter shall be deposited into the Safe Drinking Water
Account, which is hereby established, and shall be available for
use by the state board, upon appropriation by the Legislature, for
the purpose of providing funds necessary to administer this chapter.
Funds in the Safe Drinking Water Account shall not be expended
for any purpose other than as set forth in this chapter.

(b) A public water system may collect a fee from its customers
to recover the fees paid by the public water system pursuant to
this chapter.

(c) The total amount of funds received for state operations
program costs to administer this chapter for fiscal year 2016-17
shall not exceed thirty-eight million nine hundred seven thousand
dollars ($38,907,000) and the total amount of funds received for
administering this chapter for each fiscal year thereafter shall not
increase by more than 5 percent of the amount received in the
previous fiscal year plus any changes to salary, benefit, and
retirement adjustments contained in each annual Budget Act.

(d) This section shall become operative on July 1, 2016.

end insert

begin insert

begin insert SEC. 28. end insert   

end insert

begin insert Section 116681 of the end insert begin insert Health and Safety Code end insert begin insert is
amended to read: end insert

116681.  

The following definitions shall apply to this section
and Sections 116682 and 116684:

(a) “Adequate supply” means sufficient water to meet residents’
health and safety needs.

(b) “Affected residence” means a residence reliant on a water
supply that is either inadequate or unsafe.

(c) “Consistently fails” means a failure to provide an adequate
supply of safe drinking water.

(d) “Consolidated water system” means the public water system
resulting from the consolidation of a public water system with
another public water system, state small water system, or affected
residences not served by a public water system.

(e) “Consolidation” means joining two or more public water
systems, state small water systems, or affected residences not
served by a public water system, into a single public water system.

(f) “Disadvantaged community” means a disadvantaged
community, as defined in Section 79505.5 of the Water Code, that
is in an unincorporated area or is served by begin insert either end insert a mutual water

begin delete company. end delete begin insert company or a small public water system. end insert

(g) “Extension of service” means the provision of service
through any physical or operational infrastructure arrangement
other than consolidation.

(h) “Receiving water system” means the public water system
that provides service to a subsumed water system through
consolidation or extension of service.

(i) “Safe drinking water” means water that meets all primary
and secondary drinking water standards.

begin insert

(j) “Small public water system” has the same meaning as
provided in subdivision (b) of Section 116395.

end insert begin delete

(j)

end delete

begin insert (k) end insert  “Subsumed water system” means the public water system,
state small water system, or affected residences not served by a
public water system consolidated into or receiving service from
the receiving water system.

begin insert

begin insert SEC. 29. end insert   

end insert

begin insert Section 10187.5 of the end insert begin insert Public Contract Code end insert begin insert is
amended to read: end insert

10187.5.  

For purposes of this article, the following definitions
and the definitions in subdivision (a) of Section 13332.19 of the
Government Code shall apply:

(a) “Best value” means a value determined by evaluation of
objective criteria that relate to price, features, functions, life-cycle
costs, experience, and past performance. A best value determination
may involve the selection of the lowest cost proposal meeting the
interests of the department and meeting the objectives of the
project, selection of the best proposal for a stipulated sum
established by the procuring agency, or a tradeoff between price
and other specified factors.

(b) “Construction subcontract” means each subcontract awarded
by the design-build entity to a subcontractor that will perform work
or labor or render service to the design-build entity in or about the
construction of the work or improvement, or a subcontractor
licensed by the State of California that, under subcontract to the
design-build entity, specially fabricates and installs a portion of
the work or improvement according to detailed drawings contained
in the plans and specifications produced by the design-build team.

(c)  begin insert (1) end insert begin insert   end insert “Department” means the Department of General Services
and the Department of Corrections and Rehabilitation.

begin insert

(2) For the purposes of projects at the Salton Sea, “department”
means the Department of Water Resources.

end insert

(d) “Design-build” means a project delivery process in which
both the design and construction of a project are procured from a
single entity.

(e) “Design-build entity” means a corporation, limited liability
company, partnership, joint venture, or other legal entity that is
able to provide appropriately licensed contracting, architectural,
and engineering services as needed pursuant to a design-build
contract.

(f) “Design-build team” means the design-build entity itself and
the individuals and other entities identified by the design-build
entity as members of its team. Members shall include the general
contractor and, if utilized in the design of the project, all electrical,
mechanical, and plumbing contractors.

(g)  begin insert (1) end insert begin insert   end insert “Director” means, with respect to procurements
undertaken by the Department of General Services, the Director
of General Services or, with respect to procurements undertaken
by the Department of Corrections and Rehabilitation, the secretary
of that department.

begin insert

(2) For purposes of projects at the Salton Sea, “director” means
the Director of Water Resources.

end insert

begin insert

begin insert SEC. 30. end insert   

end insert

begin insert Section 10190 of the end insert begin insert Public Contract Code end insert begin insert is amended
to read: end insert

10190.  

begin insert (a) end insert begin insert   end insert The director shall notify the State Public Works
Board regarding the method to be used for selecting the
design-build entity, prior to advertising the design-build project.

begin insert

(b) Notwithstanding subdivision (a), for purposes of projects
at the Salton Sea, the Director of Water Resources shall notify the
California Water Commission regarding the method to be used
for selecting the design-build entry, prior to advertising the
design-build project.

end insert

begin insert

begin insert SEC. 31. end insert   

end insert

begin insert Section 4629.6 of the end insert begin insert Public Resources Code end insert begin insert is
amended to read: end insert

4629.6.  

Moneys deposited in the fund shall, upon appropriation
by the Legislature, only be expended for the following purposes:

(a) To reimburse the State Board of Equalization for its
administrative costs associated with the administration, collection,
audit, and issuance of refunds related to the lumber products and
engineered wood assessment established pursuant to Section
4629.5.

(b) To pay refunds issued pursuant to Part 30 (commencing
with Section 55001) of Division 2 of the Revenue and Taxation
Code.

(c) To support the activities and costs of the department, the
Department of Conservation, the Department of Fish and Wildlife,
the State Water Resources Control Board, and regional water
quality control boards associated with the review of projects or
permits necessary to conduct timber operations. On or after July
1, 2013, except for fees applicable for fire prevention or protection
within state responsibility area classified lands or timber yield
assessments, no currently authorized or required fees shall be
charged by the agencies listed in this subdivision for activities or
costs associated with the review of a project, inspection and
oversight of projects, and permits necessary to conduct timber
operations of those departments and boards.

(d) For transfer to the department’s Forest Improvement
begin delete Program, upon appropriation by the Legislature, end delete begin insert Program end insert for forest
resources improvement grants and projects administered by the
department pursuant to Chapter 1 (commencing with Section 4790)
and Chapter 2 (commencing with Section 4799.06) of Part begin delete 2.5 of
Division 4. end delete begin insert 2.5. end insert

(e) To fund existing restoration grant programs, with priority
given to the Fisheries Restoration Grant Program administered by
the Department of Fish and Wildlife and grant programs
administered by state conservancies.

(f) (1) As a loan to the Department of Fish and Wildlife for
activities to address environmental damage occurring on forest
lands resulting from marijuana cultivation. Not more than five
hundred thousand dollars ($500,000) may be loaned from the fund
in a fiscal year pursuant to this paragraph. This paragraph shall
become inoperative on July 1, 2017.

(2) Any funds deposited into the begin delete Timber Regulation and Forest
Restoration Fund end delete begin insert fund end insert pursuant to subdivision (d) or (f) of Section
12025 or subdivision (b), (c), (e), or (f) of Section 12025.1 of the
Fish and Game Code shall be credited toward loan repayment.

(3) Moneys from the General Fund shall not be used to repay
a loan authorized pursuant to this subdivision.

(g) To the begin delete department, upon appropriation by the Legislature, end delete
begin insert department end insert for fuel treatment grants and projects pursuant to
authorities under the Wildland Fire Protection and Resources
Management Act of 1978 (Article 1 (commencing with Section
4461) of Chapter begin delete 7 of Part 2 of Division 4). end delete begin insert 7). end insert

(h) To the begin delete department, upon appropriation by the Legislature, end delete
begin insert department end insert to provide grants to local agencies responsible for fire
protection, qualified nonprofits, recognized tribes, local and state
governments, and resources conservation districts, undertaken on
a state responsibility area (SRA) or on wildlands not in an SRA
that pose a threat to the SRA, to reduce the costs of wildland fire
suppression, reduce greenhouse gas emissions, promote adaptation
of forested landscapes to changing climate, improve forest health,
and protect homes and communities.

begin insert

(i) To the Natural Resources Agency to provide a reasonable
per diem for attendance at a meeting of the advisory body for the
state’s forest practice program by a member of the body who is
not an employee of a government agency.

end insert

begin insert

begin insert SEC. 32. end insert   

end insert

begin insert Section 4629.8 of the end insert begin insert Public Resources Code end insert begin insert is
amended to read: end insert

4629.8.  

(a) Funds deposited in the begin delete Timber Regulation and
Forest Restoration Fund end delete begin insert fund end insert shall be appropriated in accordance
with the following priorities:

(1) First priority shall be for funding associated with the
administration and delivery of responsibilities identified in
subdivisions (a) to (c), inclusive, of Section 4629.6.

(2) Only after paragraph (1) is funded, the second priority shall
be, if deposits are sufficient in future years to maintain the fund,
by 2016, at a minimum reserve of four million dollars ($4,000,000),
for use and appropriation by the Legislature in years during which
revenues to the account are projected to fall short of the ongoing
budget allocations for support of the activities identified in
paragraph (1).

(3) Only after paragraphs (1) and (2) are funded, the third
priority shall be in support of activities designated in subdivisions
begin delete (d), (e), and (f) end delete begin insert (d) to (f), inclusive, end insert of Section 4629.6.

(4) Only after paragraphs begin delete (1), (2), and (3) end delete begin insert (1) to (3), inclusive, end insert
are funded, the fourth priority shall be to support the activities
designated in subdivisions (g) begin delete and (h) end delete begin insert to (i), inclusive, end insert of Section
4629.6.

(b) Funds shall not be used to pay for or reimburse any
requirements, including mitigation of a project proponent or
applicant, as a condition of any permit.

begin insert

begin insert SEC. 33. end insert   

end insert

begin insert Section 21191 of the end insert begin insert Public Resources Code end insert begin insert is
amended to read: end insert

21191.  

(a) The California Environmental License Plate Fund,
which supersedes the California Environmental Protection Program
Fund, is continued in existence in the State Treasury, and consists
of the moneys deposited in the fund pursuant to any provision of
law. The Legislature shall establish the amount of fees for
environmental license plates, which shall be not less than
forty-eight dollars ($48) for the issuance or thirty-eight dollars
($38) for the renewal of an environmental license plate.

(b) The Controller shall transfer from the California
Environmental License Plate Fund to the Motor Vehicle Account
in the State Transportation Fund the amount appropriated by the
Legislature for the reimbursement of costs incurred by the
Department of Motor Vehicles in performing its duties pursuant
to Sections 5004, 5004.5, and 5022 and Article 8.5 (commencing
with Section 5100) of Chapter 1 of Division 3 of the Vehicle Code.
The reimbursement from the California Environmental License
Plate Fund shall only include those additional costs which are
directly attributable to any additional duties or special handling
necessary for the issuance, renewal, or retention of the
environmental license plates.

(c) The Controller shall transfer to the post fund of the Veterans’
Home of California, established pursuant to Section 1047 of the
Military and Veterans Code, all revenue derived from the issuance
of prisoner of war special license plates pursuant to Section 5101.5
of the Vehicle Code less the administrative costs of the Department
of Motor Vehicles in that regard.

(d) The Director of Motor Vehicles shall certify the amounts of
the administrative costs of the Department of Motor Vehicles in
subdivision (c) to the Controller.

(e) The balance of the moneys in the California Environmental
License Plate Fund shall be available for expenditure only for the
exclusive trust purposes specified in Section 21190, upon
appropriation by the Legislature. However, all moneys derived
from the issuance of commemorative 1984 Olympic reflectorized
license plates in the California Environmental License Plate Fund
shall be used only for capital outlay purposes.

(f) All proposed appropriations for the program shall be
summarized in a section in the Governor’s Budget for each fiscal
year and shall bear the caption “California Environmental
Protection Program.” The section shall contain a separate
description of each project for which an appropriation is made.
All of these appropriations shall be made to the department
performing the project and accounted for separately.

(g) The budget the Governor presents to the Legislature pursuant
to subdivision (a) of Section 12 of Article IV of the California
Constitution shall include, as proposed appropriations for the
California Environmental Protection Program, only projects and
programs recommended for funding by the Secretary of the Natural
Resources Agency pursuant to subdivision (a) of Section 21193.
The Secretary of the Natural Resources Agency shall consult with
the Secretary for Environmental Protection before making any
recommendations to fund projects pursuant to subdivision (a) of
Section 21190.

begin insert

(h) This section shall remain in effect only until January 1, 2017,
and as of that date is repealed, unless a later enacted statute, that
is enacted before January 1, 2017, deletes or extends that date.

end insert

begin insert

begin insert SEC. 34. end insert   

Section 21191 is added to the Public Resources Code,
to read:

begin insert 21191. end insert   

(a) The California Environmental License Plate Fund
is hereby created in the State Treasury, and consists of the moneys
deposited in the fund pursuant to any law. The annual fee for
environmental license plates is forty-eight dollars ($48) for the
issuance or forty-three dollars ($43) for the renewal of the plates.

(b) The Controller shall transfer from the California
Environmental License Plate Fund to the Motor Vehicle Account
in the State Transportation Fund the amount appropriated by the
Legislature for the reimbursement of costs incurred by the
Department of Motor Vehicles in performing its duties pursuant
to Sections 5004, 5004.5, and 5022 and Article 8.5 (commencing
with Section 5100) of Chapter 1 of Division 3 of the Vehicle Code.
The reimbursement from the California Environmental License
Plate Fund shall only include those additional costs that are
directly attributable to any additional duties or special handling
necessary for the issuance, renewal, or retention of the
environmental license plates.

(c) The Controller shall transfer to the post fund of the Veterans’
Home of California, established pursuant to Section 1047 of the
Military and Veterans Code, all revenue derived from the issuance
of prisoner of war special license plates pursuant to Section 5101.5
of the Vehicle Code less the administrative costs of the Department
of Motor Vehicles incurred in issuing and renewing those plates.

(d) The Director of Motor Vehicles shall certify the amounts of
the administrative costs of the Department of Motor Vehicles in
subdivision (c) to the Controller.

(e) The balance of the moneys in the California Environmental
License Plate Fund shall be available for expenditure only for the
exclusive trust purposes specified in Section 21190, upon
appropriation by the Legislature. However, all moneys derived
from the issuance of commemorative 1984 Olympic reflectorized
license plates in the California Environmental License Plate Fund
shall be used only for capital outlay purposes.

(f) All proposed appropriations for the California Environmental
Protection Program shall be summarized in a section in the
Governor’s Budget for each fiscal year and shall bear the caption
“California Environmental Protection Program.” The section
shall contain a separate description of each project for which an
appropriation is made. Each of these appropriations shall be made
to the department performing the project and accounted for
separately.

(g) The budget the Governor presents to the Legislature
pursuant to subdivision (a) of Section 12 of Article IV of the
California Constitution shall include, as proposed appropriations
for the California Environmental Protection Program, only projects
and programs recommended for funding by the Secretary of the
Natural Resources Agency pursuant to subdivision (a) of Section
21193. The Secretary of the Natural Resources Agency shall
consult with the Secretary for Environmental Protection before
making any recommendations to fund projects pursuant to
subdivision (a) of Section 21190.

(h) This section shall become operative on January 1, 2017,
and shall become inoperative on July 1, 2017, and, as of January
1, 2018, is repealed, unless a later enacted statute, that becomes
operative on or before January 1, 2018, deletes or extends the
dates on which it becomes inoperative and is repealed.

end insert

begin insert

begin insert SEC. 34.5. end insert   

end insert

begin insert Section 21191 is added to the end insert begin insert Public Resources
Code end insert begin insert , to read: end insert

begin insert

begin insert 21191. end insert   

(a) The California Environmental License Plate Fund
is hereby created in the State Treasury, and consists of the moneys
deposited in the fund pursuant to any law. The annual fee for
environmental license plates is fifty-three dollars ($53) for the
issuance or forty-three dollars ($43) for the renewal of the plates.

(b) The Controller shall transfer from the California
Environmental License Plate Fund to the Motor Vehicle Account
in the State Transportation Fund the amount appropriated by the
Legislature for the reimbursement of costs incurred by the
Department of Motor Vehicles in performing its duties pursuant
to Sections 5004, 5004.5, and 5022 and Article 8.5 (commencing
with Section 5100) of Chapter 1 of Division 3 of the Vehicle Code.
The reimbursement from the California Environmental License
Plate Fund shall only include those additional costs that are
directly attributable to any additional duties or special handling
necessary for the issuance, renewal, or retention of the
environmental license plates.

(c) The Controller shall transfer to the post fund of the Veterans’
Home of California, established pursuant to Section 1047 of the
Military and Veterans Code, all revenue derived from the issuance
of prisoner of war special license plates pursuant to Section 5101.5
of the Vehicle Code less the administrative costs of the Department
of Motor Vehicles incurred in issuing and renewing those plates.

(d) The Director of Motor Vehicles shall certify the amounts of
the administrative costs of the Department of Motor Vehicles in
subdivision (c) to the Controller.

(e) The balance of the moneys in the California Environmental
License Plate Fund shall be available for expenditure only for the
exclusive trust purposes specified in Section 21190, upon
appropriation by the Legislature. However, all moneys derived
from the issuance of commemorative 1984 Olympic reflectorized
license plates in the California Environmental License Plate Fund
shall be used only for capital outlay purposes.

(f) All proposed appropriations for the California Environmental
Protection Program shall be summarized in a section in the
Governor’s Budget for each fiscal year and shall bear the caption
“California Environmental Protection Program.” The section
shall contain a separate description of each project for which an
appropriation is made. Each of these appropriations shall be made
to the department performing the project and accounted for
separately.

(g) The budget the Governor presents to the Legislature
pursuant to subdivision (a) of Section 12 of Article IV of the
California Constitution shall include, as proposed appropriations
for the California Environmental Protection Program, only projects
and programs recommended for funding by the Secretary of the
Natural Resources Agency pursuant to subdivision (a) of Section
21193. The Secretary of the Natural Resources Agency shall
consult with the Secretary for Environmental Protection before
making any recommendations to fund projects pursuant to
subdivision (a) of Section 21190.

(h) This section shall become operative on July 1, 2017.

end insert

begin insert

begin insert SEC. 35. end insert   

end insert

begin insert The heading of Chapter 6.5 (commencing with Section
25550) of Division 15 of the end insert begin insert Public Resources Code end insert begin insert is repealed. end insert

begin delete

 

Chapter  6.5. Expedited Siting of Electrical Generation

 

end delete

begin insert

begin insert SEC. 36. end insert   

Chapter 6.5 (commencing with Section 25550) is
added to Division 15 of the Public Resources Code, to read:

 

Chapter   begin insert 6.5. end insert Natural Gas Rating and Tracking

 

Article begin insert 1. end insert   Definitions

 

begin insert 25550. end insert   

For purposes of this chapter, the following definitions
apply:

(a) “Buyer of natural gas” means a gas corporation, local
publicly owned gas utility, noncore gas customer, or core transport
agent.

(b) “Core transport agent” has the same meaning as set forth
in subdivision (b) of Section 980 of the Public Utilities Code.

(c) “Division” means the Division of Oil, Gas, and Geothermal
Resources.

(d) “Gas corporation” has the same meaning as set forth in
Section 222 of the Public Utilities Code.

(e) “Natural gas infrastructure” means a natural gas facility
used for the production, gathering and boosting, processing,
transmission, storage, or distribution necessary for the delivery
of natural gas to end-use customers in California.

(f) “Noncore gas customer” means an entity that procures
directly from natural gas producers or natural gas marketers and
is not a gas corporation or local publicly owned gas utility.

(g) “Procure” means to acquire through ownership or contract.

(h) “Tracking” means using a system that communicates the
pathway of a given volume of natural gas from its initial production
to its delivery to end-use customers in this state.

 

Article begin insert 2. end insert   Natural Gas Tracking System

 

begin insert 25555. end insert   

(a) Not later than September 15, 2017, the commission
shall report to the respective budget committees of each house of
the Legislature on the resources needed to develop a plan for
tracking natural gas, and a recommendation for developing the
plan, considering cost-effectiveness and efficacy. This report shall
include the resources needed to do all of the following:

(1) Collect data from natural gas participants to support the
work described in subdivision (c). The commission shall consult
with the State Air Resources Board to determine the most
appropriate data to collect.

(2) Consider participation in, or formation of, interstate and
federal working groups, compacts, or agreements.

(3) Establish methods to ensure natural gas tracking data
reporting compliance by buyers of natural gas, and natural gas
producers, marketers, storers, and transporters.

(4) Provide data collected pursuant to paragraph (1) to the
State Air Resources Board to support the implementation of Section
39731 of the Health and Safety Code.

(b) In the consideration of the report pursuant to subdivision
(a), the commission consult with, and receive information from,
stakeholders, including, but not limited to, the Public Utilities
Commission, the United States Environmental Protection Agency,
the United States Department of Energy, the State Air Resources
Board, the division, the Federal Energy Regulatory Commission,
the United States Department of Transportation Office of Pipeline
Safety, appropriate agencies in states where gas consumed in
California is produced, gathered and boosted, processed,
transmitted, stored, or distributed, representatives of the oil and
gas industry, and independent experts from academia and
nongovernmental organizations.

(c) The State Air Resources Board, in consultation with the
commission, shall develop a model of fugitive and vented emissions
of methane from natural gas infrastructure. The model shall do
all of the following:

(1) Quantify emissions from specific natural gas infrastructure.

(2) Incorporate the current condition and current management
practices of specific natural gas infrastructure.

(3) Incorporate natural gas industry best management practices
established by the Public Utilities Commission pursuant to section
975 of the Public Utilities Code for gas corporations, by the United
States Environmental Protection Agency, by the division, and by
other relevant entities.

end insert

begin insert

begin insert SEC. 37. end insert   

end insert

begin insert Section 43053 of the end insert begin insert Revenue and Taxation Code end insert begin insert is
amended to read: end insert

43053.  

The fees imposed pursuant to Sections 25205.2,
25205.5, begin delete 25205.7, end delete and 25205.14 of the Health and Safety Code
shall be administered and collected by the board in accordance
with this part.

begin insert

begin insert SEC. 38. end insert   

end insert

begin insert Section 43152.10 of the end insert begin insert Revenue and Taxation Code end insert

begin insert is amended to read: end insert

43152.10.  

The fees begin delete imposed pursuant to Sections 25205.7,
25205.8, 25205.14, 25221, and 25343 of the Health and Safety
Code, which are end delete collected and administered under Sections 43053
and begin delete 43054, end delete begin insert 43054 end insert are due and payable within 30 days after the
date of assessment and the feepayer shall deliver a remittance of
the amount of the assessed fee to the office of the board within
that 30-day begin delete period, except as provided in subdivision (e) of Section
25205.14 of the Health and Safety Code. end delete begin insert period. end insert

begin insert

begin insert SEC. 39. end insert   

end insert

begin insert Section 5106 of the end insert begin insert Vehicle Code end insert begin insert is amended to read: end insert

5106.  

(a) In addition to the regular registration fee or a
permanent trailer identification fee, the applicant shall be charged
a fee of forty-eight dollars ($48) for issuance of environmental
license plates.

(b) In addition to the regular renewal fee or a permanent trailer
identification fee for the vehicle to which the plates are assigned,
the applicant for a renewal of environmental license plates shall
be charged an additional fee of thirty-eight dollars ($38). An
applicant with a permanent trailer identification plate shall be
charged an annual fee of thirty-eight dollars ($38) for renewal of
environmental license plates. However, applicants for renewal of
prisoner-of-war special license plates issued under Section 5101.5
shall not be charged the additional renewal fee under this
subdivision.

(c) When payment of renewal fees is not required as specified
in Section 4000, the holder of any environmental license plate may
retain the plate upon payment of an annual fee of thirty-eight
dollars ($38). The fee shall be due at the expiration of the
registration year of the vehicle to which the environmental license
plate was last assigned. However, applicants for retention of
prisoner-of-war special license plates issued under Section 5101.5
shall not be charged the additional retention fee under this
subdivision.

(d) Notwithstanding Section 9265, the applicant for a duplicate
environmental license plate shall be charged a fee of thirty-eight
dollars ($38).

begin insert

(e) This section shall remain in effect only until January 1, 2017,
and as of that date is repealed, unless a later enacted statute, that
is enacted before January 1, 2017, deletes or extends that date.

end insert

begin insert

begin insert SEC. 40. end insert   

Section 5106 is added to the Vehicle Code, to read:

begin insert 5106. end insert   

(a) In addition to the regular registration fee or a
permanent trailer identification fee, the applicant shall be charged
a fee of forty-eight dollars ($48) for issuance of environmental
license plates.

(b) In addition to the regular renewal fee or a permanent trailer
identification fee for the vehicle to which the plates are assigned,
the applicant for a renewal of environmental license plates shall
be charged an additional fee of forty-three dollars ($43). An
applicant with a permanent trailer identification plate shall be
charged an annual fee of forty-three dollars ($43) for renewal of
environmental license plates. However, applicants for renewal of
prisoner-of-war special license plates issued under Section 5101.5
shall not be charged the additional renewal fee under this
subdivision.

(c) When payment of renewal fees is not required as specified
in Section 4000, the holder of any environmental license plate may
retain the plate upon payment of an annual fee of forty-three
dollars ($43). The fee shall be due at the expiration of the
registration year of the vehicle to which the environmental license
plate was last assigned. However, applicants for retention of
prisoner-of-war special license plates issued under Section 5101.5
shall not be charged the additional retention fee under this
subdivision.

(d) Notwithstanding Section 9265, the applicant for a duplicate
environmental license plate shall be charged a fee of forty-three
dollars ($43).

(e) This section shall become operative on January 1, 2017,
and shall become inoperative on July 1, 2017, and, as of January
1, 2018, is repealed, unless a later enacted statute, that becomes
operative on or before January 1, 2018, deletes or extends the
dates on which it becomes inoperative and is repealed.

end insert

begin insert

begin insert SEC. 41. end insert   

end insert

begin insert Section 5106 is added to the end insert begin insert Vehicle Code end insert begin insert , to read: end insert

begin insert

begin insert 5106. end insert   

(a) In addition to the regular registration fee or a
permanent trailer identification fee, the applicant shall be charged
a fee of fifty-three dollars ($53) for issuance of environmental
license plates.

(b) In addition to the regular renewal fee or a permanent trailer
identification fee for the vehicle to which the plates are assigned,
the applicant for a renewal of environmental license plates shall
be charged an additional fee of forty-three dollars ($43). An
applicant with a permanent trailer identification plate shall be
charged an annual fee of forty-three dollars ($43) for renewal of
environmental license plates. However, applicants for renewal of
prisoner-of-war special license plates issued under Section 5101.5
shall not be charged the additional renewal fee under this
subdivision.

(c) When payment of renewal fees is not required as specified
in Section 4000, the holder of any environmental license plate may
retain the plate upon payment of an annual fee of forty-three
dollars ($43). The fee shall be due at the expiration of the
registration year of the vehicle to which the environmental license
plate was last assigned. However, applicants for retention of
prisoner-of-war special license plates issued under Section 5101.5
shall not be charged the additional retention fee under this
subdivision.

(d) Notwithstanding Section 9265, the applicant for a duplicate
environmental license plate shall be charged a fee of forty-three
dollars ($43).

(e) This section shall become operative on July 1, 2017.

end insert

begin insert

begin insert SEC. 42. end insert   

end insert

begin insert Section 5108 of the end insert begin insert Vehicle Code end insert begin insert is amended to read: end insert

5108.  

begin insert (a) end insert begin insert   end insert Whenever any person who has been issued
environmental license plates applies to the department for transfer
of the plates to another passenger vehicle, commercial motor
vehicle, trailer, or semitrailer, a transfer fee of thirty-eight dollars
($38) shall be charged in addition to all other appropriate fees.

begin insert

(b) This section shall remain in effect only until January 1, 2017,
and as of that date is repealed, unless a later enacted statute, that
is enacted before January 1, 2017, deletes or extends that date.

end insert

begin insert

begin insert SEC. 43. end insert   

Section 5108 is added to the Vehicle Code, to read:

begin insert 5108. end insert   

(a) Whenever any person who has been issued
environmental license plates applies to the department for transfer
of the plates to another passenger vehicle, commercial motor
vehicle, trailer, or semitrailer, a transfer fee of forty-three dollars
($43) shall be charged in addition to all other appropriate fees.

(b) This section shall become operative on January 1, 2017.

end insert

begin insert

begin insert SEC. 44. end insert   

end insert

begin insert Section 1430 of the end insert begin insert Water Code end insert begin insert is amended to read: end insert

1430.  

A temporary permit issued under this chapter shall not
result in the creation of a vested right, even of a temporary nature,
but shall be subject at all times to modification or revocation in
the discretion of the board. The authorization to divert and use
water under a temporary permit shall automatically expire 180
days after the authorization takes effect, unless an earlier date is
specified or the temporary permit is revoked. The 180-day period
does not include any time required for monitoring, reporting, or
mitigation before or after the authorization to divert or use water
under the temporary permit. begin insert If the temporary permit authorizes
diversion to storage, the 180-day period is a limitation on the
authorization to divert and not a limitation on the authorization
for beneficial use of water diverted to storage. end insert

begin insert

begin insert SEC. 45. end insert   

end insert

begin insert Section 1440 of the end insert begin insert Water Code end insert begin insert is amended to read: end insert

1440.  

A temporary change order issued under this chapter shall
not result in the creation of a vested right, even of a temporary
nature, but shall be subject at all times to modification or revocation
in the discretion of the board. The authorization to divert and use
water under a temporary change order shall automatically expire
180 days after the authorization takes effect, unless an earlier date
is specified or the temporary change order is revoked. The 180-day
period does not include any time required for monitoring, reporting,
or mitigation before or after the authorization to divert or use water
under the temporary change order. begin insert If the temporary change order
authorizes diversion to storage, the 180-day period is a limitation
on the authorization to divert and not a limitation on the
authorization for beneficial use of water diverted to storage. end insert

begin insert

begin insert SEC. 46. end insert   

end insert

begin insert Section 13205 of the end insert begin insert Water Code end insert begin insert is amended to read: end insert

13205.  

Each member of a regional board shall receive begin delete one
hundred dollars ($100) end delete begin insert two hundred fifty dollars ($250) end insert for each
day during which that member is engaged in the performance of
official begin delete duties, except that no member shall be entitled to receive
the one hundred dollars ($100) compensation if the member
otherwise receives compensation from other sources for performing
those duties. end delete begin insert duties. The performance of official duties includes,
but is not limited to, reviewing agenda materials for no more than
one day in preparation for each regional board meeting. end insert The total
compensation received by members of begin delete each end delete begin insert all of the end insert regional
begin delete board end delete begin insert boards end insert shall not exceed, in any one fiscal year, the sum of
begin delete thirteen thousand five hundred dollars ($13,500). end delete begin insert three hundred
seventy-eight thousand two hundred fifty dollars ($378,250). end insert A
member may decline compensation. In addition to the
compensation, each member shall be reimbursed for necessary
traveling and other expenses incurred in the performance of official
duties.

begin insert

begin insert SEC. 47. end insert   

Section 79717 is added to the Water Code, to read:

begin insert 79717. end insert   

(a) On or before January 10, 2017, and annually on
or before each January 10 thereafter, the Natural Resources
Agency shall submit to the relevant fiscal and policy committees
of the Legislature and to the Legislative Analyst’s Office a report
that contains all of the following information relating to this
division for the previous fiscal year with the information
summarized by section of this division:

(1) Funding appropriations and encumbrances.

(2) Summary of new projects funded.

(3) Summary of projects completed.

(4) Discussion of progress towards meeting the metrics of
success established pursuant to Section 79716.

(5) Discussion of common challenges experienced by state
agencies and recipients of funding in executing projects.

(6) Discussion of major accomplishments and successes
experienced by state agencies and recipients of funding in
executing projects.

(b) This section shall remain in effect only until January 1, 2022,
and as of that date is repealed, unless a later enacted statute, that
is enacted before January 1, 2022, deletes or extends that date.

end insert

begin insert

begin insert SEC. 48. end insert   

end insert

begin insert Section 258 of the end insert begin insert Welfare and Institutions Code end insert begin insert is
amended to read: end insert

258.  

(a) Upon a hearing conducted in accordance with Section
257, and upon either an admission by the minor of the commission
of a violation charged, or a finding that the minor did in fact
commit the violation, the judge, referee, or juvenile hearing officer
may do any of the following:

(1) Reprimand the minor and take no further action.

(2) Direct that the probation officer undertake a program of
supervision of the minor for a period not to exceed six months, in
addition to or in place of the following orders.

(3) Order that the minor pay a fine up to the amount that an
adult would pay for the same violation, unless the violation is
otherwise specified within this section, in which case the fine shall
not exceed two hundred fifty dollars ($250). This fine may be
levied in addition to or in place of the following orders and the
court may waive any or all of this fine, if the minor is unable to
pay. In determining the minor’s ability to pay, the court shall not
consider the ability of the minor’s family to pay.

(4) Subject to the minor’s right to a restitution hearing, order
that the minor pay restitution to the victim, in lieu of all or a portion
of the fine specified in paragraph (3). The total dollar amount of
the fine, restitution, and any program fees ordered pursuant to
paragraph (9) shall not exceed the maximum amount which may
be ordered pursuant to paragraph (3). This paragraph shall not be
construed to limit the right to recover damages, less any amount
actually paid in restitution, in a civil action.

(5) Order that the driving privileges of the minor be suspended
or restricted as provided in the Vehicle Code or, notwithstanding
Section 13203 of the Vehicle Code or any other provision of law,
when the Vehicle Code does not provide for the suspension or
restriction of driving privileges, that, in addition to any other order,
the driving privileges of the minor be suspended or restricted for
a period of not to exceed 30 days.

(6) In the case of a traffic related offense, order the minor to
attend a licensed traffic school, or other court approved program
of traffic school instruction pursuant to Chapter 1.5 (commencing
with Section 11200) of Division 5 of the Vehicle Code, to be
completed by the juvenile within 60 days of the court order.

(7) Order that the minor produce satisfactory evidence that the
vehicle or its equipment has been made to conform with the
requirements of the Vehicle Code pursuant to Section 40150 of
the Vehicle Code if the violation involved an equipment violation.

(8) Order that the minor perform community service work in a
public entity or any private nonprofit entity, for not more than 50
hours over a period of 60 days, during times other than his or her
hours of school attendance or employment. Work performed
pursuant to this paragraph shall not exceed 30 hours during any
30-day period. The timeframes established by this paragraph shall
not be modified except in unusual cases where the interests of
justice would best be served. When the order to work is made by
a referee or a juvenile hearing officer, it shall be approved by a
judge of the juvenile court.

For purposes of this paragraph, a judge, referee, or juvenile
hearing officer shall not, without the consent of the minor, order
the minor to perform work with a private nonprofit entity that is
affiliated with any religion.

(9) In the case of a misdemeanor, order that the minor participate
in and complete a counseling or educational program, or, if the
offense involved a violation of a controlled substance law, a drug
treatment program, if those programs are available. Fees for
participation shall be subject to the right to a hearing as the minor’s
ability to pay and shall not, together with any fine or restitution
order, exceed the maximum amount that may be ordered pursuant
to paragraph (3).

(10) Require that the minor attend a school program without
unexcused absence.

(11) If the offense is a misdemeanor committed between 10
p.m. and 6 a.m., require that the minor be at his or her legal
residence at hours to be specified by the juvenile hearing officer
between the hours of 10 p.m. and 6 a.m., except for a medical or
other emergency, unless the minor is accompanied by his or her
parent, guardian, or other person in charge of the minor. The
maximum length of an order made pursuant to this paragraph shall
be six months from the effective date of the order.

(12) Make any or all of the following orders with respect to a
violation of the Fish and Game Code which is not charged as a
felony:

(A) That the fishing or hunting license involved be suspended
or restricted.

(B) That the minor work in a park or conservation area for a
total of not to exceed 20 hours over a period not to exceed 30 days,
during times other than his or her hours of school attendance or
employment.

(C) That the minor forfeit, pursuant to Section 12157 of the Fish
and Game Code, any device or apparatus designed to be, and
capable of being, used to take birds, mammals, fish, reptiles, or
amphibia and that was used in committing the violation charged.
The judge, referee, or juvenile hearing officer shall, if the minor
committed an offense that is punishable under Section 12008 begin insert or
12008.1 end insert of the Fish and Game Code, order the device or apparatus
forfeited pursuant to Section 12157 of the Fish and Game Code.

(13) If the violation charged is of an ordinance of a city, county,
or local agency relating to loitering, curfew, or fare evasion on a
public transportation system, as defined by Section 99211 of the
Public Utilities Code, or is a violation of Section 640 or 640a of
the Penal Code, make the order that the minor shall perform
community service for a total time not to exceed 20 hours over a
period not to exceed 30 days, during times other than his or her
hours of school attendance or employment.

(b) If the minor is before the court on the basis of truancy, as
described in subdivision (b) of Section 601, all of the following
procedures and limitations shall apply:

(1) The judge, referee, or juvenile hearing officer shall not
proceed with a hearing unless both of the following have been
provided to the court:

(A) Evidence that the minor’s school has undertaken the actions
specified in subdivisions (a), (b), and (c) of Section 48264.5 of the
Education Code. If the school district does not have an attendance
review board, as described in Section 48321 of the Education Code,
the minor’s school is not required to provide evidence to the court
of any actions the school has undertaken that demonstrate the
intervention of a school attendance review board.

(B) The available record of previous attempts to address the
minor’s truancy.

(2) The court is encouraged to set the hearing outside of school
hours, so as to avoid causing the minor to miss additional school
time.

(3) Pursuant to paragraph (1) of subdivision (a) of Section 257,
the minor and his or her parents shall be advised of the minor’s
right to refuse consent to a hearing conducted upon a written notice
to appear.

(4) The minor’s parents shall be permitted to participate in the
hearing.

(5) The judge, referee, or juvenile hearing officer may continue
the hearing to allow the minor the opportunity to demonstrate
improved attendance before imposing any of the orders specified
in paragraph (6). Upon demonstration of improved attendance, the
court may dismiss the case.

(6) Upon a finding that the minor violated subdivision (b) of
Section 601, the judge, referee, or juvenile hearing officer shall
direct his or her orders at improving the minor’s school attendance.
The judge, referee, or juvenile hearing officer may do any of the
following:

(A) Order the minor to perform community service work, as
described in Section 48264.5 of the Education Code, which may
be performed at the minor’s school.

(B) Order the payment of a fine by the minor of not more than
fifty dollars ($50), for which a parent or legal guardian of the minor
may be jointly liable. The fine described in this subparagraph shall
not be subject to Section 1464 of the Penal Code or additional
penalty pursuant to any other law. The minor, at his or her
discretion, may perform community service, as described in
subparagraph (A), in lieu of any fine imposed under this
subparagraph.

(C) Order a combination of community service work described
in subparagraph (A) and payment of a portion of the fine described
in subparagraph (B).

(D) Restrict driving privileges in the manner set forth in
paragraph (5) of subdivision (a). The minor may request removal
of the driving restrictions if he or she provides proof of school
attendance, high school graduation, GED completion, or enrollment
in adult education, a community college, or a trade program. Any
driving restriction shall be removed at the time the minor attains
18 years of age.

(c) (1) The judge, referee, or juvenile hearing officer shall retain
jurisdiction of the case until all orders made under this section
have been fully complied with.

(2) If a minor is before the judge, referee, or juvenile hearing
officer on the basis of truancy, jurisdiction shall be terminated
upon the minor attaining 18 years of age.

begin insert

begin insert SEC. 49. end insert   

end insert

begin insert Section 11 of Chapter 2 of the Statutes of 2009,
Seventh Extraordinary Session, is amended to read: end insert

SEC. 11.  

begin delete Commencing end delete begin insert (a) end insert begin insert   end insert begin insert (1) end insert begin insert   end insert begin insert Except as provided in
paragraph (2), commencing end insert with the 2010-11 fiscal year, and
notwithstanding Section 13340 of the Government Code, three
million seven hundred fifty thousand dollars ($3,750,000) is hereby
continuously appropriated, without regard to fiscal years, on an
annual basis, only from the fee revenue in the Water Rights Fund
to the State Water Resources Control Board for the purposes of
funding 25.0 permanent water right enforcement positions, as
provided in Schedule (2) of Item 3940-001-0439 of Section 2.00
of the Budget Act of 2009, as amended by begin delete this act. end delete begin insert Chapter 2 of
the Seventh Extraordinary Session of the Statutes of 2009. end insert

begin insert

(2) This subdivision makes appropriations, on an annual basis,
only for the fiscal years commencing with the 2010-11 fiscal year
and through the 2015-16 fiscal year. Annual appropriations made
under this subdivision are available for encumbrance only until
June 30, 2016, and appropriations encumbered under this
subdivision are available for expenditure only until June 30, 2018.

end insert begin insert

(b) Commencing with the 2016-17 fiscal year, and
notwithstanding Section 13340 of the Government Code, three
million seven hundred fifty thousand dollars ($3,750,000) is hereby
appropriated, on an annual basis, only from the fee revenues in
the Water Rights Fund to the State Water Resources Control Board
for the purposes of funding the 25.0 permanent water right
enforcement positions described in subdivision (a). Each annual
appropriation shall be available for encumbrance only during the
fiscal year of the appropriation and available for liquidation only
during the fiscal year of that annual appropriation and the two
fiscal years immediately following that fiscal year.

end insert

begin insert

begin insert SEC. 50. end insert   

(a) On or before January 1, 2020, the Natural
Resources Agency shall submit to the relevant fiscal and policy
committees of the Legislature and to the Legislative Analyst’s
Office a report summarizing lessons learned from the state’s
response to the drought. The report shall compile information
from the various state entities responsible for drought response
activities, including, but not limited to, the State Water Resources
Control Board, the Department of Water Resources, the
Department of Fish and Wildlife, the Department of Forestry and
Fire Protection, and the Office of Emergency Services.

(b) The report shall discuss the state’s drought response efforts
for at least all of the following categories:

(1) Drinking water.

(2) Water rights.

(3) Water supply, including groundwater and operations of the
State Water Project and the federal Central Valley Project.

(4) Water quality.

(5) Fish and wildlife.

(6) Water conservation.

(7) Fire protection.

(8) Emergency human assistance.

(c) The report shall include a discussion of, and data related
to, all of the following for each of the categories included in the
report pursuant to subdivision (b):

(1) Major drought response activities undertaken.

(2) Major challenges encountered.

(3) Efforts in which the state achieved notable successes.

(4) Efforts in which the state needs to make improvements.

(5) Recommendations for improving the state’s response in the
future, including potential changes to state policy and additional
data the state should collect.

end insert

begin insert

begin insert SEC. 51. end insert   

The sum of two hundred thirty thousand dollars
($230,000) is hereby appropriated from the Timber Regulation
and Forest Restoration Fund to the Secretary of the Natural
Resources Agency to provide public process and scientific expertise
and per diem payments to nongovernmental participants of Timber
Regulation and Forest Restoration Program working groups.

end insert

begin insert

begin insert SEC. 52. end insert   

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

end insert

begin insert

begin insert SEC. 53. end insert   

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

end insert

begin delete

SECTION 1.  

It is the intent of the Legislature to enact statutory
changes relating to the 2016 Budget Act.

end delete