Senate BillNo. 389


Introduced by Senator Berryhill

February 25, 2015


An act to amend Section 21190 of the Public Resources Code, relating to environmental protection.

LEGISLATIVE COUNSEL’S DIGEST

SB 389, as introduced, Berryhill. California Environmental Protection Program: funding.:

Existing law establishes the California Environmental Protection Program which provides funding, from fees and other moneys in the California Environmental License Plate Fund, upon appropriation, for various environmental protection purposes including, among other things, projects and programs related to pollution control, land acquisitions for natural areas and ecological reserves, environmental education, the protection of wildlife and habitat, and climate change research.

This bill would make nonsubstantive changes to those provisions.

Vote: majority. Appropriation: no. Fiscal committee: no. State-mandated local program: no.

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

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SECTION 1.  

Section 21190 of the Public Resources Code is
2amended to read:

3

21190.  

There is in this state the California Environmental
4Protection Program, which shall be concerned with the preservation
5and protection of California’s environment. In thisbegin delete connectionend delete
6begin insert regardend insert, the Legislature hereby finds and declares that, since the
7inception of the program pursuant to the Marks-Badham
P2    1Environmental Protection and Research Act, the Department of
2Motor Vehicles has, in the course of issuing environmental license
3plates, consistently informed potential purchasers of those plates,
4by means of a detailed brochure, of the manner in which the
5program functions, the particular purposes for which revenues
6from the issuance of those plates can lawfully be expended, and
7examples of particular projects and programs that have been
8financed by those revenues. Therefore, because of this
9representation by the Department of Motor Vehicles, purchasers
10come to expect and rely that the moneys paid by them will be
11expended only for thosebegin delete particularend deletebegin insert specificend insert purposes, which results
12in an obligation on the part of the state to expend the revenues
13only for thosebegin delete particularend deletebegin insert specificend insert purposes.

14Accordingly, all funds expended pursuant to this division shall
15be used only to support identifiable projects and programs of state
16agencies, cities, cities and counties, counties, districts, the
17University of California, private nonprofit environmental and land
18acquisition organizations, and private research organizations that
19have a clearly defined benefit to the people of the State of
20California and that have one or more of the following purposes:

21(a) The control and abatement of air pollution, including all
22phases of research into the sources, dynamics, and effects of
23environmental pollutants.

24(b) The acquisition, preservation, restoration, or any combination
25thereof, of natural areas or ecological reserves.

26(c) Environmental education, including formal school programs
27and informal public education programs. The State Department of
28Education may administer moneys appropriated for these programs,
29but shall distribute not less than 90 percent of moneys appropriated
30for the purposes of this subdivision to fund environmental
31education programs of school districts, other local schools, state
32agencies other than the State Department of Education, and
33community organizations. Not more than 10 percent of the moneys
34appropriated for environmental education may be used for State
35Department of Education programs or defraying administrative
36costs.

37(d) Protection of nongame species and threatened and
38endangered plants and animals.

39(e) Protection, enhancement, and restoration of fish and wildlife
40habitat and related water quality, including review of the potential
P3    1impact of development activities and land use changes on that
2habitat.

3(f) The purchase, on an opportunity basis, of real property
4consisting of sensitive natural areas for the state park system and
5for local and regional parks.

6(g) Reduction or minimization of the effects of soil erosion and
7the discharge of sediment into the waters of the Lake Tahoe region,
8including the restoration of disturbed wetlands and stream
9environment zones, through projects by the California Tahoe
10Conservancy and grants to local public agencies, state agencies,
11federal agencies, and nonprofit organizations.

12(h) Scientific research on the risks to California’s natural
13resources and communities caused by the impacts of climate
14change.



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