Amended in Assembly March 17, 2016

California Legislature—2015–16 Regular Session

Assembly Bill No. 2335

Introduced by Assembly Member Beth Gaines

February 18, 2016

An act to begin delete amend Section 13260 of end delete begin insert add and repeal Section 13172.6 end insert begin insert of end insert the Water Code, relating to begin delete water quality. end delete begin insert dredging. end insert

LEGISLATIVE COUNSEL’S DIGEST

AB 2335, as amended, Beth Gaines. begin delete Waste discharge reports. end delete begin insert Suction dredge mining: permits: report. end insert

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Existing law prohibits the use of any vacuum or suction dredge equipment by any person in any river, stream, or lake of this state without a permit issued by the Department of Fish and Wildlife. Existing law requires the department to issue a permit if the department determines that the use does not cause any significant effects to fish and wildlife and would authorize the department to adjust the specified fee to an amount sufficient to cover all reasonable costs of the department in regulating suction dredging activities. Existing law authorizes the State Water Resources Control Board or a California regional water quality control board to adopt waste discharge requirements or a waiver of waste discharge requirements that address certain water quality impacts, specify conditions or areas where the discharge of waste or other adverse impacts on beneficial uses of the waters of the state from the use of vacuum or suction dredge equipment is prohibited, or prohibit particular use of, or methods of using, vacuum or suction dredge equipment, or any portion thereof, for the extraction of minerals, that the state board or a regional board determines generally cause or contribute to an exceedance of applicable water quality objectives or unreasonably impact beneficial uses.

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This bill would require the state board and the department to report to the Legislature, on or before June 1, 2017, on the status of the suction dredge permitting program.

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Under existing law, the Porter-Cologne Water Quality Control Act, the State Water Resources Control Board and the California regional water quality control boards are the principal state agencies with responsibility for the coordination and control of water quality in the state. The act, with certain exceptions, requires a waste discharger to file certain information with the appropriate regional board and to pay an annual fee.

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This bill would make nonsubstantive changes to these provisions.

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

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

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begin insert SECTION 1. end insert   

end insert

begin insert Section 13172.6 is added to the end insert begin insert Water Code end insert begin insert , to
read: end insert

begin insert

begin insert 13172.6. end insert   

(a) On or before June 1, 2017, the state board and
the Department of Fish and Wildlife shall report to the Legislature
on the status of the suction dredge permitting program established
by Chapter 680 of the Statutes of 2015 and include at least all of
the following information:

(1) The number or amount of permits issued statewide.

(2) The cost of permits and associated fees.

(3) The requirements and process for an individual to proceed
with obtaining waste discharge requirements or a waiver of waste
discharge requirements pursuant to Section 13172.5 and a permit
pursuant to Section 5653 of the Fish and Game Code.

(4) A discussion of the public workshops conducted pursuant
to subdivision (c) of Section 13172.5.

(b) (1) A report to be submitted pursuant to subdivision (a)
shall be submitted in compliance with Section 9795 of the
Government Code.

(2) Pursuant to Section 10231.5 of the Government Code, this
section is repealed on June 1, 2021.

end insert

begin delete

SECTION 1.  

Section 13260 of the Water Code is amended to
read:

13260.  

(a) Each of the following persons shall file with the
appropriate regional board a report of the discharge, containing
the information that may be required by the regional board:

(1) A person discharging waste, or proposing to discharge waste,
within any region that could affect the quality of the waters of the
state, other than into a community sewer system.

(2) A person who is a citizen, domiciliary, or political agency
or entity of this state discharging waste, or proposing to discharge
waste, outside the boundaries of the state in a manner that could
affect the quality of the waters of the state within any region.

(3) A person operating, or proposing to construct, an injection
well.

(b) A report of waste discharge is not required to be filed
pursuant to subdivision (a) if the requirement is waived pursuant
to Section 13269.

(c) Each person subject to subdivision (a) shall file with the
appropriate regional board a report of waste discharge relative to
any material change or proposed change in the character, location,
or volume of the discharge.

(d) (1) (A) Each person who is subject to subdivision (a) or
(c) shall submit an annual fee according to a fee schedule
established by the state board.

(B) The total amount of annual fees collected pursuant to this
section shall equal that amount necessary to recover costs incurred
in connection with the issuance, administration, reviewing,
monitoring, and enforcement of waste discharge requirements and
waivers of waste discharge requirements.

(C) Recoverable costs may include, but are not limited to, costs
incurred in reviewing waste discharge reports, prescribing terms
of waste discharge requirements and monitoring requirements,
enforcing and evaluating compliance with waste discharge
requirements and waiver requirements, conducting surface water
and groundwater monitoring and modeling, analyzing laboratory
samples, adopting, reviewing, and revising water quality control
plans and state policies for water quality control, and reviewing
documents prepared for the purpose of regulating the discharge of
waste, and administrative costs incurred in connection with
carrying out these actions.

(D) In establishing the amount of a fee that may be imposed on
a confined animal feeding and holding operation pursuant to this
section, including, but not limited to, a dairy farm, the state board
shall consider all of the following factors:

(i) The size of the operation.

(ii) Whether the operation has been issued a permit to operate
pursuant to Section 1342 of Title 33 of the United States Code.

(iii) Any applicable waste discharge requirement or conditional
waiver of a waste discharge requirement.

(iv) The type and amount of discharge from the operation.

(v) The pricing mechanism of the commodity produced.

(vi) Any compliance costs borne by the operation pursuant to
state and federal water quality regulations.

(vii) Whether the operation participates in a quality assurance
program certified by a regional water quality control board, the
state board, or a federal water quality control agency.

(2) (A) Subject to subparagraph (B), the fees collected pursuant
to this section shall be deposited in the Waste Discharge Permit
Fund, which is hereby created. The money in the fund is available
for expenditure by the state board, upon appropriation by the
Legislature, solely for the purposes of carrying out this division.

(B) (i) Notwithstanding subparagraph (A), the fees collected
pursuant to this section from stormwater dischargers that are
subject to a general industrial or construction stormwater permit
under the national pollutant discharge elimination system (NPDES)
shall be separately accounted for in the Waste Discharge Permit
Fund.

(ii) Not less than 50 percent of the money in the Waste
Discharge Permit Fund that is separately accounted for pursuant
to clause (i) is available, upon appropriation by the Legislature,
for expenditure by the regional board with jurisdiction over the
permitted industry or construction site that generated the fee to
carry out stormwater programs in the region.

(iii) Each regional board that receives money pursuant to clause
(ii) shall spend not less than 50 percent of that money solely on
stormwater inspection and regulatory compliance issues associated
with industrial and construction stormwater programs.

(3) A person who would be required to pay the annual fee
prescribed by paragraph (1) for waste discharge requirements
applicable to discharges of solid waste, as defined in Section 40191
of the Public Resources Code, at a waste management unit that is
also regulated under Division 30 (commencing with Section 40000)
of the Public Resources Code, shall be entitled to a waiver of the
annual fee for the discharge of solid waste at the waste management
unit imposed by paragraph (1) upon verification by the state board
of payment of the fee imposed by Section 48000 of the Public
Resources Code, and provided that the fee established pursuant to
Section 48000 of the Public Resources Code generates revenues
sufficient to fund the programs specified in Section 48004 of the
Public Resources Code and the amount appropriated by the
Legislature for those purposes is not reduced.

(e) Each person that discharges waste in a manner regulated by
this section shall pay an annual fee to the state board. The state
board shall establish, by regulation, a timetable for the payment
of the annual fee. If the state board or a regional board determines
that the discharge will not affect, or have the potential to affect,
the quality of the waters of the state, all or part of the annual fee
shall be refunded.

(f) (1) The state board shall adopt, by emergency regulations,
a schedule of fees authorized under subdivision (d). The total
revenue collected each year through annual fees shall be set at an
amount equal to the revenue levels set forth in the Budget Act for
this activity. The state board shall automatically adjust the annual
fees each fiscal year to conform with the revenue levels set forth
in the Budget Act for this activity. If the state board determines
that the revenue collected during the preceding year was greater
than, or less than, the revenue levels set forth in the Budget Act,
the state board may further adjust the annual fees to compensate
for the over and under collection of revenue.

(2) The emergency regulations adopted pursuant to this
subdivision, any amendment thereto, or subsequent adjustments
to the annual fees, shall be adopted by the state 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 state board, or adjustments
to the annual fees made by the state board pursuant to this section,
shall not be subject to review by the Office of Administrative Law
and shall remain in effect until revised by the state board.

(g) The state board shall adopt regulations setting forth
reasonable time limits within which the regional board shall
determine the adequacy of a report of waste discharge submitted
under this section.

(h) Each report submitted under this section shall be sworn to,
or submitted under penalty of perjury.

(i) The regulations adopted by the state board pursuant to
subdivision (f) shall include a provision that annual fees shall not
be imposed on those who pay fees under the national pollutant
discharge elimination system until the time when those fees are
again due, at which time the fees shall become due on an annual
basis.

(j) A person operating or proposing to construct an oil, gas, or
geothermal injection well subject to paragraph (3) of subdivision
(a) shall not be required to pay a fee pursuant to subdivision (d) if
the injection well is regulated by the Division of Oil, Gas, and
Geothermal Resources of the Department of Conservation, in lieu
of the appropriate California regional water quality control board,
pursuant to the memorandum of understanding, entered into
between the state board and the Department of Conservation on
May 19, 1988. This subdivision shall remain operative until the
memorandum of understanding is revoked by the state board or
the Department of Conservation.

(k) In addition to the report required by subdivision (a), before
a person discharges mining waste, the person shall first submit
both of the following to the regional board:

(1) A report on the physical and chemical characteristics of the
waste that could affect its potential to cause pollution or
contamination. The report shall include the results of all tests
required by regulations adopted by the board, any test adopted by
the Department of Toxic Substances Control pursuant to Section
25141 of the Health and Safety Code for extractable, persistent,
and bioaccumulative toxic substances in a waste or other material,
and any other tests that the state board or regional board may
require, including, but not limited to, tests needed to determine
the acid-generating potential of the mining waste or the extent to
which hazardous substances may persist in the waste after disposal.

(2) A report that evaluates the potential of the discharge of the
mining waste to produce, over the long term, acid mine drainage,
the discharge or leaching of heavy metals, or the release of other
hazardous substances.

(l) Except upon a written request of the regional board, a report
of waste discharge need not be filed pursuant to subdivision (a) or
(c) by a user of recycled water that is being supplied by a supplier
or distributor of recycled water for whom a master recycling permit
has been issued pursuant to Section 13523.1.

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