Amended in Assembly June 14, 2016

Amended in Assembly May 25, 2016

Senate BillNo. 839


Introduced by Committee on Budget and Fiscal Review

January 7, 2016


begin deleteAn act relating to the Budget Act of 2016. end deletebegin insertAn act to amend Sections 1602, 1609, 1610, 1613, 1615, 2942, 12157, and 12159.5 of, and to add Sections 2081.2, 4502.5, 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 Sections 25253.5 and 43011.3 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

SB 839, as amended, Committee on Budget and Fiscal Review. begin deleteBudget Act of 2016. end deletebegin insertPublic resources.end insert

begin insert

(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.

end insert
begin insert

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.

end insert
begin insert

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.

end insert
begin insert

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.

end insert
begin insert

(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.

end insert
begin insert

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.

end insert
begin insert

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.

end insert
begin insert

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 12 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 12 to be deposited in the Endangered Species Permitting Account.

end insert
begin insert

(3) Existing law makes it unlawful to take any marine mammal, as defined, except as provided under specified federal laws.

end insert
begin insert

This bill would make it unlawful to hold in captivity an orca, whether wild-caught or captive-bred, for any purpose, including for display, performance, or entertainment purposes; to breed or impregnate an orca held in captivity; to export, collect, or import the semen, other gametes, or embryos of an orca held in captivity for the purpose of artificial insemination; or to export, transport, move, or sell an orca located in the state to another state or country, except as provided.

end insert
begin insert

The bill would provide that a person, corporation, or institution that intentionally or negligently violates these provisions is guilty of a misdemeanor punishable by a fine not to exceed $100,000. By creating a new crime, the bill would impose a state-mandated local program.

end insert
begin insert

(4) 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.

end insert
begin insert

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.

end insert
begin insert

(5) 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.

end insert
begin insert

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.

end insert
begin insert

(6) 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.

end insert
begin insert

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.

end insert
begin insert

(7) 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.

end insert
begin insert

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.

end insert
begin insert

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.

end insert
begin insert

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.

end insert
begin insert

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.

end insert
begin insert

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.

end insert
begin insert

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.

end insert
begin insert

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

end insert
begin insert

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.

end insert
begin insert

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

end insert
begin insert

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

end insert
begin insert

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.

end insert
begin insert

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.

end insert
begin insert

(8) Existing law requires the State Air Resources Board to adopt and implement motor vehicle emission standards and to establish criteria for the evaluation of the effectiveness of motor vehicle pollution control devices. Existing law prohibits the disconnection, modification, or alteration of required motor vehicle pollution control devices, except with respect to an alteration, modification, or modifying device, apparatus, or mechanism that is covered by a resolution of the state board that makes specified findings. Existing law also allows aftermarket and performance parts to be sold and installed on motorcycles, concurrent with a motorcycle’s transfer to an ultimate purchaser, pursuant to a valid executive order of the state board.

end insert
begin insert

This bill would authorize the state board to enter into agreements with private entities and receive, on behalf of the state, contributions from private sources in the form of equipment or money in order to expedite the processing of the above-referenced resolutions and executive orders, and associated applications.

end insert
begin insert

(9) 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.

end insert
begin insert

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.

end insert
begin insert

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.

end insert
begin insert

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

end insert
begin insert

(10) 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.

end insert
begin insert

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

end insert
begin insert

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.

end insert
begin insert

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.

end insert
begin insert

(11) 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.

end insert
begin insert

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

end insert
begin insert

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 design-build project.

end insert
begin insert

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.

end insert
begin insert

(12) 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.

end insert
begin insert

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.

end insert
begin insert

(13) 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.

end insert
begin insert

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.

end insert
begin insert

(14) 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.

end insert
begin insert

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.

end insert
begin insert

(15) 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.

end insert
begin insert

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.

end insert
begin insert

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.

end insert
begin insert

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.

end insert
begin insert

(16) 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.

end insert
begin insert

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.

end insert
begin insert

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.

end insert
begin insert

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.

end insert
begin insert

(17) Existing law appropriates $3,750,000 on an annual basis 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.

end insert
begin insert

This bill would limit that appropriation in a specific manner.

end insert
begin insert

(18) 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.

end insert
begin insert

(19) This bill would incorporate additional changes to Section 1602 of the Fish and Game Code proposed by AB 1609 and SB 837, that would become operative if this bill and one or both of those bills are enacted and this bill is chaptered last.

end insert
begin insert

(20) 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.

end insert
begin insert

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

end insert
begin insert

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

end insert
begin delete

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

end delete

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

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

P13   1begin insert

begin insertSECTION 1.end insert  

end insert

begin insertSection 1602 of the end insertbegin insertFish and Game Codeend insertbegin insert is
2amended to read:end insert

P14   1

1602.  

(a) An entitybegin delete mayend deletebegin insert shallend insert not substantially divert or
2obstruct the natural flow of, or substantially change or use any
3material from the bed, channel, or bank of, any river, stream, or
4lake, or deposit or dispose of debris, waste, or other material
5containing crumbled, flaked, or ground pavement where it may
6pass into any river, stream, or lake, unless all of the following
7occur:

8(1) The department receives written notification regarding the
9activity in the manner prescribed by the department. The
10notification shall include, but is not limited to, all of the following:

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

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

13(C) A detailed project description, including, but not limited to,
14construction plans and drawings, if applicable.

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

17(E) A copy of any other applicable local, state, or federal permit
18or agreement already issued.

19(F) Any other information required by the department.

20(2) The department determines the notification is complete in
21accordance with Chapter 4.5 (commencing with Section 65920)
22of Division 1 of Title 7 of the Government Code, irrespective of
23whether the activity constitutes a development project for the
24purposes of that chapter.

25(3) The entity pays the applicable fees, pursuant to Section 1609.

26(4) One of the following occurs:

begin delete

27(A)

end delete
begin delete end deletebegin delete

28(i) 

end delete

29begin insert(A)end insertbegin insertend insertbegin insert(i)end insertbegin insertend insertThe department informs the entity, in writing, that the
30activity will not substantially adversely affect an existing fish or
31wildlife resource, and that the entity may commence the activity
32without an agreement, if the entity conducts the activity as
33described in the notification, including any measures in the
34notification that are intended to protect fish and wildlife resources.

35(ii) Each region of the department shall log the notifications of
36activities where no agreement is required. The log shall list the
37date the notification was received by the department, a brief
38description of the proposed activity, and the location of the activity.
39Each item shall remain on the log for one year. Upon written
40request by any person, a regional office shall send the log to that
P15   1person monthly for one year. A request made pursuant to this
2clause may be renewed annually.

3(B) The department determines that the activity may
4substantially adversely affect an existing fish or wildlife resource
5and issues a final agreement to the entity that includes reasonable
6measures necessary to protect the resource, and the entity conducts
7the activity in accordance with the agreement.

8(C) A panel of arbitrators issues a final agreement to the entity
9in accordance with subdivision (b) of Section 1603, and the entity
10conducts the activity in accordance with the agreement.

11(D) The department does not issue a draft agreement to the
12entity within 60 days from the date notification is complete, and
13the entity conducts the activity as described in the notification,
14including any measures in the notification that are intended to
15protect fish and wildlife resources.

16(b) (1) If an activity involves the routine maintenance and
17operation of water supply, drainage, flood control, or waste
18treatment and disposal facilities, notice to and agreement with the
19department shall not be required after the initial notification and
20agreement, unless the department determines either of the
21following:

22(A) The work described in the agreement has substantially
23changed.

24(B) Conditions affecting fish and wildlife resources have
25substantially changed, and those resources are adversely affected
26by the activity conducted under the agreement.

27(2) This subdivision applies only if notice to, and agreement
28with, the department was attained prior to January 1, 1977, and
29the department has been provided a copy of the agreement or other
30proof of the existence of the agreement that satisfies the
31department, if requested.

begin insert

32
(c) Notwithstanding subdivision (a), the department is not
33required to determine whether the notification is complete or
34otherwise process the notification until the department has received
35the applicable fees.

end insert
begin delete

36(c)

end delete

37begin insert(d)end insert It is unlawful for anybegin delete personend deletebegin insert entityend insert to violate this chapter.

38begin insert

begin insertSEC. 1.5.end insert  

end insert

begin insertSection 1602 of the end insertbegin insertFish and Game Codeend insertbegin insert is amended
39to read:end insert

P16   1

1602.  

(a) An entitybegin delete mayend deletebegin insert shallend insert not substantially divert or
2obstruct the natural flow of, or substantially change or use any
3material from the bed, channel, or bank of, any river, stream, or
4lake, or deposit or dispose of debris, waste, or other material
5containing crumbled, flaked, or ground pavement where it may
6pass into any river, stream, or lake, unless all of the following
7occur:

8(1) The department receives written notification regarding the
9activity in the manner prescribed by the department. The
10notification shall include, but is not limited to, all of the following:

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

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

13(C) A detailed project description, including, but not limited to,
14construction plans and drawings, if applicable.

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

17(E) A copy of any other applicable local, state, or federal permit
18or agreement already issued.

19(F) Any other information required by the department.

20(2) The department determines the notification is complete in
21accordance with Chapter 4.5 (commencing with Section 65920)
22of Division 1 of Title 7 of the Government Code, irrespective of
23whether the activity constitutes a development project for the
24purposes of that chapter.

25(3) The entity pays the applicable fees, pursuant to Section 1609.

26(4) One of the following occurs:

begin delete

27(A)

end delete
begin delete end deletebegin delete

28(i) 

end delete

29begin insert(A)end insertbegin insertend insertbegin insert(i)end insertbegin insertend insertThe department informs the entity, in writing, that the
30activity will not substantially adversely affect an existing fish or
31wildlife resource, and that the entity may commence the activity
32without an agreement, if the entity conducts the activity as
33described in the notification, including any measures in the
34notification that are intended to protect fish and wildlife resources.

35(ii) Each region of the department shall log the notifications of
36activities where no agreement is required. The log shall list the
37date the notification was received by the department, a brief
38description of the proposed activity, and the location of the activity.
39Each item shall remain on the log for one year. Upon written
40request by any person, a regional office shall send the log to that
P17   1person monthly for one year. A request made pursuant to this
2clause may be renewed annually.

3(B) The department determines that the activity may
4substantially adversely affect an existing fish or wildlife resource
5and issues a final agreement to the entity that includes reasonable
6measures necessary to protect the resource, and the entity conducts
7the activity in accordance with the agreement.

8(C) A panel of arbitrators issues a final agreement to the entity
9in accordance with subdivision (b) of Section 1603, and the entity
10conducts the activity in accordance with the agreement.

11(D) The department does not issue a draft agreement to the
12entity within 60 days from the date notification is complete, and
13the entity conducts the activity as described in the notification,
14including any measures in the notification that are intended to
15protect fish and wildlife resources.

16(b) (1) If an activity involves the routine maintenance and
17operation of water supply, drainage, flood control, or waste
18treatment and disposal facilities, notice to and agreement with the
19department shall not be required after the initial notification and
20agreement, unless the department determines either of the
21following:

22(A) The work described in the agreement has substantially
23changed.

24(B) Conditions affecting fish and wildlife resources have
25substantially changed, and those resources are adversely affected
26by the activity conducted under the agreement.

27(2) This subdivision applies only if notice to, and agreement
28with, the department was attained prior to January 1, 1977, and
29the department has been provided a copy of the agreement or other
30proof of the existence of the agreement that satisfies the
31department, if requested.

begin insert

32
(c) Notwithstanding subdivision (a), the department is not
33required to determine whether the notification is complete or
34otherwise process the notification until the department has received
35the applicable fees.

end insert
begin insert

36
(d) (1) Notwithstanding subdivision (a), an entity shall not be
37required to obtain an agreement with the department pursuant to
38this chapter for activities authorized by a license or renewed
39license for cannabis cultivation issued by the Department of Food
P18   1and Agriculture for the term of the license or renewed license if
2all of the following occur:

end insert
begin insert

3
(A) The entity submits all of the following to the department:

end insert
begin insert

4
(i) The written notification described in paragraph (1) of
5subdivision (a).

end insert
begin insert

6
(ii) A copy of the license or renewed license for cannabis
7cultivation issued by the Department of Food and Agriculture that
8includes the requirements specified in subdivisions (d), (e), and
9(f) of Section 19332.2 of the Business and Professions Code.

end insert
begin insert

10
(iii) The fee specified in paragraph (3) of subdivision (a).

end insert
begin insert

11
(B) The department determines in its sole discretion that
12compliance with the requirements specified in subdivisions (d),
13(e), and (f) of Section 19332.2 of the Business and Professions
14Code that are included in the license will adequately protect
15existing fish and wildlife resources that may be substantially
16adversely affected by the cultivation without the need for additional
17measures that the department would include in a draft streambed
18alteration agreement in accordance with Section 1603.

end insert
begin insert

19
(C) The department notifies the entity in writing that the
20exemption applies to the cultivation authorized by the license or
21renewed license.

end insert
begin insert

22
(2) The department shall notify the entity in writing whether the
23exemption in paragraph (1) applies to the cultivation authorized
24by the license or renewed license within 60 days from the date that
25the notification is complete and the fee has been paid.

end insert
begin insert

26
(3) If an entity receives an exemption pursuant to this
27subdivision and fails to comply with any of the requirements
28described in subdivision (d), (e), or (f) of Section 19332.2 of the
29Business and Professions Code that are included in the license,
30the failure shall constitute a violation under this section, and the
31department shall notify the Department of Food and Agriculture
32of any enforcement action taken.

end insert
begin delete

33(c)

end delete

34begin insert(e)end insert It is unlawful for anybegin delete personend deletebegin insert entityend insert to violate this chapter.

35begin insert

begin insertSEC. 2.end insert  

end insert

begin insertSection 1609 of the end insertbegin insertFish and Game Codeend insertbegin insert is amended
36to read:end insert

37

1609.  

(a) Thebegin delete directorend deletebegin insert departmentend insert may establish a graduated
38schedule of fees to be charged to any entity subject to this chapter.
39The fees charged shall be established in an amount necessary to
40pay the total costs incurred by the department in administering and
P19   1enforcing this chapter, including, but not limited to, preparing and
2submitting agreements and conducting inspections. The department
3begin delete mayend deletebegin insert shall annuallyend insert adjust the fees pursuant to Section 713. Fees
4received pursuant to this section shall be deposited in the Fish and
5Game Preservation Fund.

6(b) (1) The fee schedule established pursuant to subdivision
7(a)begin delete mayend deletebegin insert shallend insert notbegin delete imposeend deletebegin insert includeend insert a fee that exceeds five thousand
8dollars ($5,000) for anybegin delete agreement.end deletebegin insert single project.end insert

9(2) The fee limitation described in paragraph (1) does not apply
10to anybegin insert project included in anyend insert agreement issued pursuant to
11subdivision (g) of Section 1605.

12begin insert

begin insertSEC. 3.end insert  

end insert

begin insertSection 1610 of the end insertbegin insertFish and Game Codeend insertbegin insert is amended
13to read:end insert

14

1610.  

(a) Except as provided in subdivision (b), this chapter
15does not apply to any of the following:

16(1) Immediate emergency work necessary to protect life or
17property.

18(2) Immediate emergency repairs to public service facilities
19necessary to maintain service as a result of a disaster in an area in
20which a state of emergency has been proclaimed by the Governor
21pursuant to Chapter 7 (commencing with Section 8550) of Division
221 of Title 2 of the Government Code.

23(3) Emergency projects undertaken, carried out, or approved
24by a state or local governmental agency to maintain, repair, or
25restore an existing highway, as defined in Section 360 of the
26Vehicle Code, within the existing right-of-way of the highway,
27that has been damaged as a result of fire, flood, storm, earthquake,
28land subsidence, gradual earth movement, or landslide, within one
29year of the damage. Work needed in the vicinity above and below
30a highway may be conducted outside of the existing right-of-way
31if it is needed to stop ongoing or recurring mudslides, landslides,
32or erosion that pose an immediate threat to the highway, or to
33restore those roadways damaged by mudslides, landslides, or
34erosion to their predamage condition and functionality. This
35paragraph does not exempt from this chapter any project
36undertaken, carried out, or approved by a state or local
37governmental agency to expand or widen a highway damaged by
38fire, flood, storm, earthquake, land subsidence, gradual earth
39movement, or landslide. The exception provided in this paragraph
40does not apply to a highway designated as an official state scenic
P20   1highway pursuant to Section 262 of the Streets and Highways
2Code.

3(b) The entity performing the emergency work described in
4subdivision (a) shall notify the department of the work, in writing,
5within 14 days of beginning the work. Any work described in the
6emergency notification that does not meet the criteria for the
7emergency work described in subdivision (a) is a violation of this
8chapter if the entity did not first notify the department in
9accordance with Sectionbegin delete 1602.end deletebegin insert 1602 or 1611.end insert

10begin insert

begin insertSEC. 4.end insert  

end insert

begin insertSection 1613 of the end insertbegin insertFish and Game Codeend insertbegin insert is amended
11to read:end insert

12

1613.  

If, after receiving a notification, but before the
13department executes a final agreement, thebegin delete director of theend delete
14 department informs the entity, in writing, that the activity described
15in the notification, or any activity or conduct by the entity directly
16related thereto, violates any provision of this code or the regulations
17that implement the code, the department may suspend processing
18the notification, and subparagraph (D) of paragraph (4) of
19subdivision (a) of Section 1602 and the timelines specified in
20Section 1603 do not apply. This section ceases to apply if any of
21the following occurs:

22(a) The department determines that the violation has been
23remedied.

24(b) Legal action to prosecute the violation is not filed within
25the applicable statute of limitations.

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

27begin insert

begin insertSEC. 5.end insert  

end insert

begin insertSection 1615 of the end insertbegin insertFish and Game Codeend insertbegin insert is amended
28to read:end insert

29

1615.  

(a) begin delete A person whoend deletebegin insert An entity thatend insert violates this chapter is
30subject to a civil penalty of not more than twenty-five thousand
31dollars ($25,000) for each violation.

32(b) The civil penalty imposed pursuant to subdivision (a) is
33separate from, and in addition to, any other civil penalty imposed
34pursuant to this section or any other provision of the law.

35(c) In determining the amount of any civil penalty imposed
36pursuant to this section, the court shall take into consideration all
37relevant circumstances, including, but not limited to, the nature,
38circumstance, extent, and gravity of the violation. In making this
39determination, the court may consider the degree of toxicity and
40volume of the discharge, the extent of harm caused by the violation,
P21   1whether the effects of the violation may be reversed or mitigated,
2and, with respect to the defendant, the ability to pay, the effect of
3any civil penalty on the ability to continue in business, any
4voluntary cleanup efforts undertaken, any prior history of
5violations, the gravity of the behavior, the economic benefit, if
6any, resulting from the violation, and any other matters the court
7determines that justice may require.

8(d) Every civil action brought under this section shall be brought
9by the Attorney General upon complaint by the department, or by
10the district attorney or city attorney in the name of the people of
11the State of California, and any actions relating to the same
12violation may be joined or consolidated.

13(e) (1) In any civil action brought pursuant to this chapter in
14which a temporary restraining order, preliminary injunction, or
15 permanent injunction is sought, it is not necessary to allege or
16prove at any stage of the proceeding any of the following:

17(A) That irreparable damage will occur if the temporary
18restraining order, preliminary injunction, or permanent injunction
19is not issued.

20(B) That the remedy at law is inadequate.

21(2) The court shall issue a temporary restraining order,
22preliminary injunction, or permanent injunction in a civil action
23brought pursuant to this chapter without the allegations and without
24the proof specified in paragraph (1).

25(f) All civil penalties collected pursuant to this section shall not
26be considered fines or forfeitures as defined in Section 13003, and
27shall be apportioned in the following manner:

28(1) Fifty percent shall be distributed to the county treasurer of
29the county in which the action is prosecuted. Amounts paid to the
30county treasurer shall be deposited in the county fish and wildlife
31propagation fund established pursuant to Section 13100.

32(2) Fifty percent shall be distributed to the department for
33deposit in the Fish and Game Preservation Fund. These funds may
34be expended to cover the costs of any legal actions or for any other
35law enforcement purpose consistent with Section 9 of Article XVI
36of the California Constitution.

37begin insert

begin insertSEC. 6.end insert  

end insert

begin insertSection 2081.2 is added to the end insertbegin insertFish and Game Codeend insertbegin insert,
38to read:end insert

begin insert
39

begin insert2081.2.end insert  

(a) For the purposes of this section, the following
40terms have the following meanings:

P22   1
(1) “Permit” means any authorization issued by the department
2pursuant to this article to take a species listed by this chapter as
3candidate, threatened, or endangered.

4
(2) “Permittee” includes any individual, firm, association,
5organization, partnership, business, trust, corporation, limited
6liability company, district, city, county, city and county, town,
7federal agency, and the state who applies for or who has received
8a permit pursuant to this article.

9
(3) “Project” has the same meaning as defined in Section 21065
10of the Public Resources Code.

11
(4) “Project cost” means the total direct and indirect project
12expenses that include, but are not limited to, labor, equipment,
13permanent materials and supplies, subcontracts, permits and
14licenses, overhead, and miscellaneous costs.

15
(5) “Voluntary habitat restoration project” means a project
16that meets both of the following requirements:

17
(A) The project’s primary purpose is voluntary habitat
18restoration and the project may have other environmental benefits,
19and the project is not required as mitigation due to a regulatory
20action.

21
(B) The project is not part of a regulatory settlement, a
22regulatory enforcement action, or a court order.

23
(b) (1) The department shall collect a permit application fee
24for processing a permit application submitted pursuant to this
25article at the time the permit application is submitted to the
26department. Notwithstanding Section 2098, upon appropriation
27to the department from the Endangered Species Permitting
28Account, the department shall use the permit application fee to
29pay for all or a portion of the department’s cost of processing
30permit applications, permit development, and compliance
31monitoring pursuant to this article.

32
(2) This subdivision does not apply to any of the following:

33
(A) Activities or costs associated with the review of projects,
34inspection and oversight of projects, and permits necessary to
35conduct timber operations, as defined in Section 4527 of the Public
36Resources Code, in accordance with Article 9.5 (commencing with
37Section 4629) of Chapter 8 of Part 2 of Division 4 of the Public
38Resources Code.

39
(B) Permits or memoranda of understanding authorized by
40subdivision (a) of Section 2081.

P23   1
(C) Permits for voluntary habitat restoration projects.

2
(c) The department shall assess the permit application fee as
3follows, subject to subdivision (f):

4
(1) For a project, regardless of estimated project cost, that is
5subject only to Section 2080.1, 2080.3, or 2080.4, the department
6shall assess either of the following amounts:

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

8
(B) Six thousand dollars ($6,000), if the project uses a
9department-approved conservation or mitigation bank to fulfill
10mitigation obligations pursuant to this article.

11
(2) For a project where the estimated project cost is less than
12one hundred thousand dollars ($100,000), the department shall
13assess either of the following amounts:

14
(A) Seven thousand five hundred dollars ($7,500).

15
(B) Six thousand dollars ($6,000), if the project uses a
16department-approved conservation or mitigation bank to fulfill
17mitigation obligations pursuant to this article.

18
(3) For a project where the estimated project cost is one hundred
19thousand dollars ($100,000) or more but less than five hundred
20thousand dollars ($500,000), the department shall assess either
21of the following amounts:

22
(A) Fifteen thousand dollars ($15,000).

23
(B) Twelve thousand dollars ($12,000), if the project uses a
24department-approved conservation or mitigation bank to fulfill
25mitigation obligations pursuant to this article.

26
(4) For a project where the estimated project cost is five hundred
27thousand dollars ($500,000) or more, the department shall assess
28either of the following amounts:

29
(A) Thirty thousand dollars ($30,000).

30
(B) Twenty-four thousand dollars ($24,000), if the project uses
31a department-approved conservation or mitigation bank to fulfill
32mitigation obligations pursuant to this article.

33
(5) The department shall collect a fee of seven thousand five
34hundred dollars ($7,500) for processing permit amendments that
35the department has determined are minor as defined in regulation
36or fifteen thousand dollars ($15,000) for processing permit
37amendments that the department has determined are major as
38defined in regulation.

39
(d) (1) If the permit or amendment application fee paid pursuant
40to subdivision (c) is determined by the department to be insufficient
P24   1to complete permitting work due to the complexity of a project or
2the potential effects of a project, the department shall collect an
3additional fee of up to ten thousand dollars ($10,000) from the
4permittee to pay for its estimated costs. Upon its determination,
5the department shall notify the permittee of the reasons why an
6additional fee is necessary and the estimated amount of the
7additional fee.

8
(2) The additional fee collected pursuant to paragraph (1) shall
9not exceed an amount that, when added to the fee paid pursuant
10 to subdivision (c), equals thirty-five thousand dollars ($35,000).
11The department shall collect the additional fee before a final
12decision on the application by the department.

13
(e) (1) For an application submitted to the department pursuant
14to this article on or after the effective date of this section, the
15department shall collect the permit application fee at the time the
16permit application is submitted. The department shall not deem
17the application complete until it has collected the permit
18application fee. A permit application submitted or deemed complete
19prior to the effective date of this section shall not be subject to fees
20established pursuant to this section.

21
(2) If a permit or amendment application is withdrawn within
2230 days after paying the permit or amendment application fee, the
23department shall refund any unused portion of the fee to the
24 permittee.

25
(3) If a permit or amendment application is withdrawn after 30
26days of paying the permit or amendment application fee, the
27department shall not refund any portion of the fee to the permittee.

28
(f) (1) The department shall adjust the fees in this section
29pursuant to Section 713.

30
(2) The Legislature finds that all revenues generated under this
31section and used for the purposes for which they were imposed
32are not subject to Article XIII B of the California Constitution.

33
(3) The department, at least every five years, shall analyze
34application fees pursuant to Section 713 to ensure the appropriate
35fee amounts are charged.

36
(g) Fees paid to the department pursuant to this section shall
37be deposited in the Endangered Species Permitting Account, which
38is hereby established in the Fish and Game Preservation Fund.
39Notwithstanding Section 2098, funds in the account shall be
40available to the department, upon appropriation by the Legislature,
P25   1for the purposes of administering and implementing this chapter,
2except that fee moneys collected pursuant to this section shall only
3be used for the purposes of this article.

end insert
4begin insert

begin insertSEC. 7.end insert  

end insert

begin insertSection 2942 of the end insertbegin insertFish and Game Codeend insertbegin insert is amended
5to read:end insert

6

2942.  

(a) (1) The secretary, in consultation and coordination
7with the authority, shall lead the Salton Sea restoration efforts that
8shall include all of the following:

9(A) Early start habitat demonstration projects.

10(B) Biological investigations relating to the restoration of the
11Salton Sea.

12(C) Investigations of water quality, sedimentation, and inflows
13relating to the restoration of the Salton Sea.

14(D) Air quality investigations, in consultation and coordination
15with local and regional air quality agencies, relating to the
16restoration of the Salton Sea.

17(E) Geotechnical investigations relating to the restoration of the
18Salton Sea.

19(F) Financial assistance grant programs to support restoration
20activities of local stakeholders.

21(2) Nothing in this article shall alter any state responsibility
22under the Quantification Settlement Agreement or the state’s
23authority to carry out any responsibility under the Quantification
24Settlement Agreement.

25(3) (A) To the extent that funding is appropriated to the
26department for Salton Sea restoration activities, the Department
27of Water Resources, in coordination and under agreement with the
28department, may undertake restoration efforts identified in this
29subdivision.

30(B) The department and the Department of Water Resources
31shall do all of the following for the Salton Sea Species
32Conservation Habitat Project:

33(i) Immediately make available relevant information relating to
34the factors that influence the cost and size of the alternatives
35discussed in the environmental impact report or environmental
36impact statement for the species habitat conservation program.

37(ii) Release all available detail on a final project design
38immediately, or upon final determination of a least environmentally
39damaging preferred alternative by the United States Army Corps
P26   1of Engineers. Details of a final project design shall include location,
2configuration, size, and cost.

3(iii) Immediately make available project evaluation protocols
4that include the following principles of adaptive management:

5(I) Goals and objectives of the project.

6(II) The project design and an operations plan.

7(III) A monitoring plan that will include metrics that identify
8benefits to the species.

9(IV) A performance evaluation based on species population
10identified through monitoring.

11(V) A decisionmaking framework to evaluate project
12performance and guide operations and management changes.

13(b) (1) The authority may lead a feasibility study, in
14coordination and under contract with the secretary, to do the
15following:

16(A) Investigate access and utility agreements that may contribute
17to the future funding of restoration activities at the Salton Sea.

18(B) Analyze all feasible funding sources for restoration program
19components and activities.

20(C) Analyze economic development opportunities, including,
21but not limited to, renewable energy, biofuels, mineral
22development, and algae production for the purposes of identifying
23new revenue sources for the Salton Sea restoration efforts.

24(D) Identify state procurement and royalty sharing opportunities.

25(E) Review existing long-term plans for restoration of the Salton
26Sea and recommend to the secretary changes to existing restoration
27plans. In any review pursuant to this subparagraph, the authority
28shall consider the impacts of the restoration plan on air quality,
29fish and wildlife habitat, water quality, and the technical and
30financial feasibility of the restoration plan and shall consider the
31impacts on other agencies responsible for air quality, endangered
32species, and other environmental mitigation requirements for
33implementation of the Quantification Settlement Agreement.

34(2) No evaluation, study, review, or other activity pursuant to
35this article shall delay the planning and implementation of ongoing
36and planned restoration or mitigation projects, including, but not
37limited to, the Salton Sea Species Conservation Habitat Project or
38other measures pursuant to existing state and federal programs and
39agreements.

begin insert

P27   1
(c) Notwithstanding any other law, the Department of Water
2Resources is authorized to use design-build procurement authority
3for projects constructed at the Salton Sea in accordance with
4Article 6 (commencing with Section 10187) of Chapter 1 of Part
52 of Division 2 of the Public Contract Code.

end insert
6begin insert

begin insertSEC. 8.end insert  

end insert

begin insertSection 4502.5 is added to the end insertbegin insertFish and Game Codeend insertbegin insert,
7to read:end insert

begin insert
8

begin insert4502.5.end insert  

This section shall be known, and may be cited, as the
9California Orca Protection Act.

10
(a) It is unlawful for any person to do any of the following:

11
(1) (A Except as provided in subparagraph (B) and subdivision
12(c), hold in captivity an orca, whether wild-caught or captive-bred,
13for any purpose, including, but not limited to, display, performance,
14or entertainment purposes.

15
(B) An orca located in the state on January 1, 2017, may
16continue to be held in captivity for its current purpose and after
17June 1, 2017, may continue to be used for educational
18presentations.

19
(2) Breed or impregnate any orca held in captivity in the state.

20
(3) Export, collect, or import the semen, other gametes, or
21embryos of an orca held in captivity for the purpose of artificial
22insemination.

23
(4) Export, transport, move, or sell an orca located in the state
24to another state or country unless otherwise authorized by federal
25law or if the transfer is to another facility within North America
26that meets standards comparable to those provided under the
27Animal Welfare Act (7 U.S.C. Sec. 2131 and following).

28
(b) A person, corporation, or institution that intentionally or
29negligently violates subdivision (a) is guilty of a misdemeanor
30and, upon conviction thereof, shall be punished by a fine not to
31exceed one hundred thousand dollars ($100,000).

32
(c) This section does not apply to an orca that is held by a bona
33fide educational or scientific institution for rehabilitation after a
34rescue or stranding or for research purposes. However, the
35department shall be notified immediately upon the rescue or
36acquisition of any orca, and an orca that is held for rehabilitation
37or research purposes shall be returned to the wild whenever
38possible. If return to the wild is not possible, the orca may be used
39for educational presentations, but shall not be used for breeding,
40performance, or entertainment purposes.

P28   1
(d) As used in this section, the following terms are defined as
2follows:

3
(1) “Educational presentation” means a live, scheduled orca
4display in the presence of spectators that includes natural
5behaviors, enrichment, exercise activities, and a live narration
6and video content that provides science-based education to the
7public about orcas.

8
(2) “Orca” means a killer whale (Orcinus orca).

9
(3) “Bona fide educational or scientific institution” means an
10institution that establishes through documentation any of the
11following:

12
(A) Educational or scientific tax exemption from the Internal
13Revenue Service or the institution’s national, state, or local tax
14authority.

15
(B) Accreditation as an educational or scientific institution from
16a qualified national, regional, state, or local authority for the
17institution’s location.

18
(C) Accreditation by a nationally or internationally recognized
19zoological or aquarium accreditation organization.

20
(e) The provisions of this section are severable. If any provision
21of this section or its application is held invalid, that invalidity shall
22not affect other provisions or applications that can be given effect
23without the invalid provision or application.

end insert
24begin insert

begin insertSEC. 9.end insert  

end insert

begin insertSection 12008.1 is added to the end insertbegin insertFish and Game Codeend insertbegin insert,
25to read:end insert

begin insert
26

begin insert12008.1.end insert  

(a) Notwithstanding Section 12002 or 12008, the
27punishment for any violation of Section 2080 or 2085 is a fine of
28not less than twenty-five thousand dollars ($25,000) or more than
29fifty thousand dollars ($50,000) for each violation or imprisonment
30in the county jail for not more than one year, or by both that fine
31and imprisonment.

32
(b) Notwithstanding any other law, the moneys collected from
33any fine or forfeiture imposed or collected for violating Chapter
341.5 (commencing with Section 2050) of Division 3 shall be
35deposited as follows:

36
(1) One-half in the Endangered Species Permitting Account
37established pursuant to Section 2081.2.

38
(2) One-half in the county treasury of the county in which the
39violation occurred. The board of supervisors shall first use
40revenues pursuant to this subdivision to reimburse the costs
P29   1incurred by the district attorney or city attorney in investigating
2and prosecuting the violation. Any excess revenues may be
3expended in accordance with Section 13103.

end insert
4begin insert

begin insertSEC. 10.end insert  

end insert

begin insertSection 12157 of the end insertbegin insertFish and Game Codeend insertbegin insert is amended
5to read:end insert

6

12157.  

(a) Except as provided in subdivision (b), the judge
7before whom any person is tried for a violation of any provision
8of this code, or regulation adopted pursuant thereto, may, upon
9the conviction of the person tried, order the forfeiture of any device
10or apparatus that is designed to be, or is capable of being, used to
11take birds, mammals, fish, reptiles, or amphibia and that was used
12in committing the offense charged.

13(b) The judge shall, if the offense is punishable under Section
1412008begin insert or 12008.1end insert of this code or under subdivision (c) of Section
15597 of the Penal Code, order the forfeiture of any device or
16apparatus that is used in committing the offense, including, but
17not limited to, any vehicle that is used or intended for use in
18delivering, importing, or exporting any unlawfully taken, imported,
19or purchased species.

20(c) (1) The judge may, for conviction of a violation of any of
21the following offenses, order forfeiture of any device or apparatus
22that is used in committing the offense, including, but not limited
23to, any vehicle used or intended for use in committing the offense:

24(A) Section 2000 relating to deer, elk, antelope, feral pigs,
25European wild boars, black bears, and brown or cinnamon bears.

26(B) Any offense that involves the sale, purchase, or possession
27of abalone for commercial purposes.

28(C) Any offense that involves the sale, purchase, or possession
29of sturgeon or lobster, pursuant to Section 7370 or 8254.

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

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

32(2) In considering an order of forfeiture under this subdivision,
33the court shall take into consideration the nature, circumstances,
34extent, and gravity of the prohibited act committed, the degree of
35culpability of the violator, the property proposed for forfeiture,
36and other criminal or civil penalties imposed on the violator under
37other provisions of law for that offense. The court shall impose
38lesser forfeiture penalties under this subdivision for those acts that
39have little significant effect upon natural resources or the property
40of another and greater forfeiture penalties for those acts that may
P30   1cause serious injury to natural resources or the property of another,
2as determined by the court. In determining whether or not to order
3forfeiture of a vehicle, the court shall, in addition to any other
4relevant factor, consider whether the defendant is the owner of the
5vehicle and whether the owner of the vehicle had knowledge of
6the violation.

7(3) It is the intent of the Legislature that forfeiture not be ordered
8pursuant to this subdivision for minor or inadvertent violations,
9as determined by the court.

10(d) A judge shall not order the forfeiture of a vehicle under this
11section if there is a community property interest in the vehicle that
12is owned by a person other than the defendant and the vehicle is
13the only vehicle available to the defendant’s immediate family that
14may be operated on the highway with a class A, class B, or class
15C driver’s license.

16(e) Any device or apparatus ordered forfeited shall be sold, used,
17or destroyed by the department.

18(f) (1) The proceeds from all sales under this section, after
19payment of any valid liens on the forfeited property, shall be paid
20into the Fish and Game Preservation Fund.

21(2) A lien in which the lienholder is a conspirator is not a valid
22lien for purposes of this subdivision.

23(g) The provisions in this section authorizing or requiring a
24judge to order the forfeiture of a device or apparatus also apply to
25the judge, referee, or juvenile hearing officer in a juvenile court
26action brought under Section 258 of the Welfare and Institutions
27Code.

28(h) For purposes of this section, a plea of nolo contendere or no
29contest, or forfeiture of bail, constitutes a conviction.

30(i) Neither the disposition of the criminal action other than by
31conviction nor the discretionary refusal of the judge to order
32forfeiture upon conviction impairs the right of the department to
33commence proceedings to order the forfeiture of fish nets or traps
34pursuant to Section 8630.

35begin insert

begin insertSEC. 11.end insert  

end insert

begin insertSection 12159.5 of the end insertbegin insertFish and Game Codeend insertbegin insert is
36amended to read:end insert

37

12159.5.  

The judge before whom any person is tried for a
38violation of a provision of this code that prohibits the taking of
39any endangered species, threatened species, or fully protected bird,
40mammal, reptile, amphibian, or fish, as specified bybegin delete Section 12008,end delete
P31   1begin insert Sections 12008 and 12008.1,end insert may, in the court’s discretion and
2upon the conviction of that person, order the forfeiture of any
3proceeds resulting from the taking of the endangered species,
4threatened species, or fully protected bird, mammal, reptile,
5amphibian, or fish.

6begin insert

begin insertSEC. 12.end insert  

end insert

begin insertSection 52334 of the end insertbegin insertFood and Agricultural Codeend insertbegin insert is
7repealed.end insert

begin delete
8

52334.  

Notwithstanding any other law, on and after January
91, 2015, a city, county, or district, including a charter city or
10county, shall not adopt or enforce an ordinance that regulates
11plants, crops, or seeds without the consent of the secretary. An
12ordinance enacted before January 1, 2015, shall be considered part
13of the comprehensive program of the department and shall be
14enforceable.

end delete
15begin insert

begin insertSEC. 13.end insert  

end insert

begin insertSection 52334 is added to the end insertbegin insertFood and Agricultural
16Code
end insert
begin insert, to read:end insert

begin insert
17

begin insert52334.end insert  

The declaration of a plant, seed, nursery stock, or crop
18as invasive is a power reserved for the secretary.

end insert
19begin insert

begin insertSEC. 14.end insert  

end insert

begin insertSection 8670.48.3 of the end insertbegin insertGovernment Codeend insertbegin insert is
20amended to read:end insert

21

8670.48.3.  

(a) Notwithstanding subparagraph (A) of paragraph
22(1) of subdivision (f) of Section 8670.48, a loan or other transfer
23of money from the fund to the General Fundbegin insert or a special fundend insert
24 pursuant to the Budget Act that reduces the balance of the Oil Spill
25Response Trust Fund to less than or equal to 95 percent of the
26designated amount specified in subdivision (a) of Section 46012
27of the Revenue and Taxation Code shall not obligate the
28administrator to resume collection of the oil spill response fee
29otherwise required by thisbegin delete articleend deletebegin insert article, except that, for a General
30Fund loan or transfer, the administrator’s obligation is suspended
31onlyend insert
if both of the following conditions are met:

32(1) The annual Budget Act requires a transfer or loan from the
33fund tobegin insert the General Fund toend insert be repaid to the fund with interest
34calculated at a rate earned by the Pooled Money Investment
35Account as if the money had remained in the fund.

36(2) The annual Budget Act requiresbegin delete allend deletebegin insert the General Fundend insert
37 transfers or loans to be repaid to the fund on or before June 30,
38
begin delete 2017.end deletebegin insert 2019.end insert

P32   1(b) A transfer or loan described in subdivision (a) shall be repaid
2as soon as possible if a spill occurs and the administrator
3determines that response funds are needed immediately.

4(c) If there is a conflict between this section and any other law
5or enactment, this section shall control.

6(d) This section shall become inoperative on July 1,begin delete 2017,end deletebegin insert 2019,end insert
7 and, as of January 1,begin delete 2018,end deletebegin insert 2020,end insert is repealed, unless a later enacted
8statute, that becomes operative on or before January 1,begin delete 2018,end deletebegin insert 2020,end insert
9 deletes or extends the dates on which it becomes inoperative and
10is repealed.

11begin insert

begin insertSEC. 15.end insert  

end insert

begin insertSection 12812.2 of the end insertbegin insertGovernment Codeend insertbegin insert is amended
12to read:end insert

13

12812.2.  

(a) One of the deputies to the Secretary for
14Environmental Protection shall be a deputy secretary for law
15enforcement and counsel, who, subject to the direction and
16supervision of the secretary, shall have the responsibility and
17authority to do all of the following:

18(1) Develop a program to ensure that the boards, departments,
19offices, and other agencies that implement laws or regulations
20within the jurisdiction of the California Environmental Protection
21Agency take consistent, effective, and coordinated compliance
22and enforcement actions to protect public health and the
23environment. The program shall include training and cross-training
24of inspection and enforcement personnel of those boards,
25departments, offices, or other agencies to ensure consistent,
26effective, and coordinated enforcement.

27(2) begin insert(A)end insertbegin insertend insert In consultation with the Attorney General, establish a
28cross-media enforcement unit to assist a board, department, office,
29or other agency that implements a law or regulation within the
30jurisdiction of the California Environmental Protection Agency,
31to investigate and prepare matters for enforcement action in order
32to protect public health and the environment. The unit may inspect
33and investigate a violation of a law or regulation within the
34jurisdiction of the board, department, office, or other agency,
35including a violation involving more than one environmental
36medium and a violation involving the jurisdiction of more than
37 one board, department, office, or agency. The unit shall exercise
38its authority consistent with the authority granted to the head of a
39department pursuant to Article 2 (commencing with Section 11180)
40of Chapter 2 of Part 1.

begin insert

P33   1
(B) Each board, department, or office within the California
2Environmental Protection Agency shall participate and have
3representatives in the cross-media enforcement unit established
4pursuant to this section. The unit, including those representatives,
5shall undertake activities consistent with Section 71110 of the
6Public Resources Code and shall give priority to activities in
7disadvantaged communities identified by the California
8Environmental Protection Agency pursuant to Section 39711 of
9the Health and Safety Code.

end insert

10(3) Refer a violation of a law or regulation within the jurisdiction
11of a board, department, office, or other agency that implements a
12law or regulation within the jurisdiction of the California
13Environmental Protection Agency to the Attorney General, a
14district attorney, or city attorney for the filing of a civil or criminal
15action.

16(4) Exercise the authority granted pursuant to paragraph (3)
17only after providing notice to the board, department, office, or
18other agency unless the secretary determines that notice would
19compromise an investigation or enforcement action.

20(b) Nothing in this section shall authorize the deputy secretary
21for law enforcement and counsel to duplicate, overlap, compromise,
22or otherwise interfere with an investigation or enforcement action
23undertaken by a board, department, office, or other agency that
24implements a law or regulation subject to the jurisdiction of the
25California Environmental Protection Agency.

26(c) The Environmental Protection Agency shall post on its Web
27site, updated no later than December 1 of each year, the status of
28the implementation of this section.

29begin insert

begin insertSEC. 16.end insert  

end insert

begin insertSection 25150.7 of the end insertbegin insertHealth and Safety Codeend insertbegin insert is
30amended to read:end insert

31

25150.7.  

(a) The Legislature finds and declares that this section
32is intended to address the unique circumstances associated with
33the generation and management of treated wood waste. The
34Legislature further declares that this section does not set a
35precedent applicable to the management, including disposal, of
36other hazardous wastes.

37(b) For purposes of this section, the following definitions shall
38apply:

39(1) “Treated wood” means wood that has been treated with a
40chemical preservative for purposes of protecting the wood against
P34   1attacks from insects, microorganisms, fungi, and other
2environmental conditions that can lead to decay of the wood, and
3the chemical preservative is registered pursuant to the Federal
4Insecticide, Fungicide, and Rodenticide Act (7 U.S.C. Sec. 136 et
5seq.).

6(2) “Wood preserving industry” means business concerns, other
7than retailers, that manufacture or sell treated wood products in
8the state.

9(c) This section applies only to treated wood waste that, solely
10due to the presence of a preservative in the wood, is a hazardous
11waste and to which both of the following requirements apply:

12(1) The treated wood waste is not subject to regulation as a
13hazardous waste under the federal act.

14(2) Section 25143.1.5 does not apply to the treated wood waste.

15(d) (1) Notwithstanding Sections 25189.5 and 25201, treated
16wood waste shall be disposed of in either a class I hazardous waste
17landfill, or in a composite-lined portion of a solid waste landfill
18unit that meets all requirements applicable to disposal of municipal
19solid waste in California after October 9, 1993, and that is regulated
20by waste discharge requirements issued pursuant to Division 7
21(commencing with Section 13000) of the Water Code for
22discharges of designated waste, as defined in Section 13173 of the
23Water Code, or treated wood waste.

24(2) A solid waste landfill that accepts treated wood waste shall
25comply with all of the following requirements:

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

27(B) Ensure that any management of the treated wood waste at
28the solid waste landfill before disposal, or in lieu of disposal,
29complies with the applicable requirements of this chapter, except
30as otherwise provided by regulations adopted pursuant to
31subdivision (f).

32(C) If monitoring at the composite-lined portion of a landfill
33unit at which treated wood waste has been disposed of indicates
34a verified release, then treated wood waste shall not be discharged
35to that landfill unit until corrective action results in cessation of
36the release.

37(e) (1) Each wholesaler and retailer of treated wood and treated
38wood-like products in this state shall conspicuously post
39information at or near the point of display or customer selection
40of treated wood and treated wood-like products used for fencing,
P35   1decking, retaining walls, landscaping, outdoor structures, and
2similar uses. The information shall be provided to wholesalers and
3retailers by the wood preserving industry in 22-point type, or larger,
4and contain the following message:


6Warning--Potential Danger


8These products are treated with wood preservatives registered
9with the United States Environmental Protection Agency and the
10California Department of Pesticide Regulation and should only be
11used in compliance with the product labels.

12This wood may contain chemicals classified by the State of
13California as hazardous and should be handled and disposed of
14with care. Check product label for specific preservative information
15and Proposition 65 warnings concerning presence of chemicals
16known to the State of California to cause cancer or birth defects.

17Anyone working with treated wood, and anyone removing old
18treated wood, needs to take precautions to minimize exposure to
19themselves, children, pets, or wildlife, including:
20
21□ Avoid contact with skin. Wear gloves and long sleeved shirts
22when working with treated wood. Wash exposed areas thoroughly
23with mild soap and water after working with treated wood.
24
25□ Wear a dust mask when machining any wood to reduce the
26inhalation of wood dusts. Avoid frequent or prolonged inhalation
27of sawdust from treated wood. Machining operations should be
28performed outdoors whenever possible to avoid indoor
29accumulations of airborne sawdust.
30
31□ Wear appropriate eye protection to reduce the potential for eye
32injury from wood particles and flying debris during machining.
33
34□ If preservative or sawdust accumulates on clothes, launder
35before reuse. Wash work clothes separately from other household
36clothing.
37
38□ Promptly clean up and remove all sawdust and scraps and
39dispose of appropriately.
40

P36   1□ Do not use treated wood under circumstances where the
2preservative may become a component of food or animal feed.
3
4□ Only use treated wood that’s visibly clean and free from surface
5residue for patios, decks, or walkways.
6
7□ Do not use treated wood where it may come in direct or indirect
8contact with public drinking water, except for uses involving
9incidental contact such as docks and bridges.
10
11□ Do not use treated wood for mulch.
12
13□ Do not burn treated wood. Preserved wood should not be burned
14in open fires, stoves, or fireplaces.
15

16For further information, go to the Internet Web site
17http://www.preservedwood.org and download the free Treated
18Wood Guide mobile application.


20In addition to the above listed precautions, treated wood waste
21shall be managed in compliance with applicable hazardous waste
22control laws.

23(2) On or before July 1, 2005, the wood preserving industry
24shall, jointly and in consultation with the department, make
25information available to generators of treated wood waste,
26including fencing, decking, and landscape contractors, solid waste
27landfills, and transporters, that describes how to best handle,
28dispose of, and otherwise manage treated wood waste, through the
29use either of a toll-free telephone number, Internet Web site,
30information labeled on the treated wood, information
31accompanying the sale of the treated wood, or by mailing if the
32department determines that mailing is feasible and other methods
33of communication would not be as effective. A treated wood
34manufacturer or supplier to a wholesaler or retailer shall also
35provide the information with each shipment of treated wood
36products to a wholesaler or retailer, and the wood preserving
37industry shall provide it to fencing, decking, and landscaping
38contractors, by mail, using the Contractors’ State License Board’s
39available listings, and license application packages. The department
P37   1may provide guidance to the wood preserving industry, to the
2extent resources permit.

3(f) (1) On or before January 1, 2007, the department, in
4consultation with the Department of Resources Recycling and
5Recovery, the State Water Resources Control Board, and the Office
6of Environmental Health Hazard Assessment, and after
7consideration of any known health hazards associated with treated
8wood waste, shall adopt and may subsequently revise as necessary,
9regulations establishing management standards for treated wood
10waste as an alternative to the requirements specified in this chapter
11and the regulations adopted pursuant to this chapter.

12(2) The regulations adopted pursuant to this subdivision shall,
13at a minimum, ensure all of the following:

14(A) Treated wood waste is properly stored, treated, transported,
15tracked, disposed of, and otherwise managed to prevent, to the
16extent practical, releases of hazardous constituents to the
17environment, prevent scavenging, and prevent harmful exposure
18of people, including workers and children, aquatic life, and animals
19to hazardous chemical constituents of the treated wood waste.

20(B) Treated wood waste is not reused, with or without treatment,
21except for a purpose that is consistent with the approved use of
22the preservative with which the wood has been treated. For
23purposes of this subparagraph, “approved uses” means a use
24approved at the time the treated wood waste is reused.

25(C) Treated wood waste is managed in accordance with all
26applicable laws.

27(D) Any size reduction of treated wood waste is conducted in
28a manner that prevents the uncontrolled release of hazardous
29constituents to the environment, and that conforms to applicable
30worker health and safety requirements.

31(E) All sawdust and other particles generated during size
32reduction are captured and managed as treated wood waste.

33(F) All employees involved in the acceptance, storage, transport,
34and other management of treated wood waste are trained in the
35safe and legal management of treated wood waste, including, but
36not limited to, procedures for identifying and segregating treated
37wood waste.

38(g) (1) A person managing treated wood waste who is subject
39to a requirement of this chapter, including a regulation adopted
40pursuant to this chapter, shall comply with either the alternative
P38   1standard specified in the regulations adopted pursuant to
2subdivision (f) or with the requirements of this chapter.

3(2) A person who is in compliance with the alternative standard
4specified in the regulations adopted pursuant to subdivision (f) is
5deemed to be in compliance with the requirement of this chapter
6for which the regulation is identified as being an alternative, and
7the department and any other entity authorized to enforce this
8chapter shall consider that person to be in compliance with that
9requirement of this chapter.

10(h) On January 1, 2005, all variances granted by the department
11before January 1, 2005, governing the management of treated wood
12waste are inoperative and have no further effect.

13(i) This section does not limit the authority or responsibility of
14the department to adopt regulations under any other law.

15(j) begin delete(1)end deletebegin deleteend deleteOn or beforebegin delete Januaryend deletebegin insert Julyend insert 1, 2018, the department shall
16prepare, post on its Internet Web site, and provide to the
17appropriate policy committees of the Legislature, a comprehensive
18report on the compliance with, and implementation of, this section.
19The report shall include, but not be limited to, all of the following:

begin delete

20(A)

end delete

21begin insert(1)end insert Data, and evaluation of that data, on the rates of compliance
22with this section and injuries associated with handling treated wood
23waste based on department inspections of treated wood waste
24generator sites and treated wood waste disposal facilities. To gather
25data to perform the required evaluation, the department shall do
26all of the following:

begin delete

27(i)

end delete

28begin insert(A)end insert The department shall inspect representative treated wood
29waste generator sites and treated wood waste disposal facilities,
30which shall not to be less than 25 percent of each.

begin delete

31(ii)

end delete

32begin insert(B)end insert The department shall survey and otherwise seek information
33on how households are currently handling, transporting, and
34disposing of treated wood waste, including available information
35from household hazardous waste collection facilities, solid waste
36transfer facilities, solid waste disposal facility load check programs,
37and CUPAs.

begin delete

38(iii)

end delete

39begin insert(C)end insert The department shall, by survey or otherwise, seek data to
40determine whether sufficient information and convenient collection
P39   1and disposal options are available to household generators of
2treated wood waste.

begin delete

3(B)

end delete

4begin insert(2)end insert An evaluation of the adequacy of protective measures taken
5in tracking, handling, and disposing of treated wood waste.

begin delete

6(C)

end delete

7begin insert(3)end insert Data regarding the unauthorized disposal of treated wood
8waste at disposal facilities that have not been approved for that
9disposal.

begin delete

10(D)

end delete

11begin insert(4)end insert Conclusions regarding the handling of treated wood waste.

begin delete

12(E)

end delete

13begin insert(5)end insert Recommendations for changes to the handling of treated
14wood waste to ensure the protection of public health and the
15environment.

begin delete end deletebegin delete

16(2) The requirement for submitting a report imposed under this
17subdivision is inoperative on January 1, 2022, pursuant to Section
1810231.5 of the Government Code.

end delete
begin delete end delete

19(k) This section shall become inoperative on December 31,
202020, and, as of January 1, 2021, is repealed, unless a later enacted
21statute, that becomes operative on or before January 1, 2021,
22deletes or extends the dates on which it becomes inoperative and
23is repealed.

24begin insert

begin insertSEC. 17.end insert  

end insert

begin insertSection 25150.84 of the end insertbegin insertHealth and Safety Codeend insertbegin insert is
25amended to read:end insert

26

25150.84.  

(a) The department is authorized to collect an annual
27fee from all metal shredding facilities that are subject to the
28requirements of this chapter or to the alternative management
29standards adopted pursuant to Section 25150.82. The department
30shall establish and adopt regulations necessary to administer this
31fee and to establish a fee schedule that is set at a rate sufficient to
32reimburse the department’s costs to implement this chapter as
33applicable to metal shredder facilities. The fee schedule established
34by the department may be updated periodically as necessary and
35shall provide for the assessment of no more than the reasonable
36and necessary costs of the department to implement this chapter,
37as applicable to metal shredder facilities.

38(b) The Controller shall establish a separate subaccount in the
39Hazardous Waste Control Account. The fees collected pursuant
40to this section shall be deposited into the subaccount and be
P40   1available for expenditure by the department upon appropriation
2by the Legislature.

3(c) A regulation adopted pursuant to this section may be adopted
4as an emergency regulation in accordance with Chapter 3.5
5(commencing with Section 11340) of Part 1 of Division 3 of Title
62 of the Government Code, and for the purposes of that chapter,
7including Section 11349.6 of the Government Code, the adoption
8of these regulations is an emergency and shall be considered by
9the Office of Administrative Law as necessary for the immediate
10preservation of the public peace, health, safety, and general welfare.
11Notwithstanding Chapter 3.5 (commencing with Section 11340)
12of Part 1 of Division 3 of Title 2 of the Government Code, an
13emergency regulation adopted by the department pursuant to this
14section shall be filed with, but not be repealed by, the Office of
15Administrative Law and shall remain in effect for a period of two
16years or until revised by the department, whichever occurs sooner.

17(d) (1) A metal shredding facility paying an annual fee in
18accordance with this section shall be exempt from the following
19fees as the fees pertain to metal shredding activities and the
20generation, handling, management, transportation, and disposal
21of metal shredder waste:

22(A) A fee imposed pursuant tobegin delete subdivision (a) or (d) ofend delete Section
2325205.7.

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

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

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

27(E) A transportable treatment unit fee imposed pursuant to
28Section 25205.14.

29(2) A metal shredding facility is not exempt from the fees listed
30in paragraph (1) for any other hazardous waste the metal shredding
31facility generates and handles.

32begin insert

begin insertSEC. 18.end insert  

end insert

begin insertSection 25189.3 of the end insertbegin insertHealth and Safety Codeend insertbegin insert is
33amended to read:end insert

34

25189.3.  

(a) For purposes of this section, the term “permit”
35 means a hazardous waste facilities permit, interim status
36authorization, or standardized permit.

37(b) The department shall suspend the permit of any facility for
38nonpayment of any facility fee assessed pursuant to Section
3925205.2 or activity fee assessed pursuant tobegin delete subdivision (d) ofend delete
40 Section 25205.7, if the operator of the facility is subject to the fee,
P41   1and if thebegin insert department orend insert State Board of Equalization has certified
2in writing to all of the following:

3(1) The facility’s operator is delinquent in the payment of the
4fee for one or more reporting periods.

5(2) Thebegin insert department orend insert State Board of Equalization has notified
6the facility’s operator of the delinquency.

7(3)begin delete Theend deletebegin insertend insertbegin insert(A)end insertbegin insertend insertbegin insertFor a facilityend insert operatorbegin insert that elected to pay the flat
8activity fee rate pursuant subdivision (d) of Section 25205.7, as
9that section read on January 1, 2016, the operatorend insert
has exhausted
10begin delete theend deletebegin insert his or herend insert administrative rights of appeal provided by Chapter
113 (commencing with Section 43151) of Part 22 of Division 2 of
12the Revenue and Taxation Code, and the State Board of
13Equalization has determined that the operator is liable for the fee,
14or that the operator has failed to assert those rights.

begin insert

15
(B) For a facility operator that pays the activity fee under a
16reimbursement agreement with the department pursuant to
17subdivision (a) of Section 25205.7, the operator has exhausted the
18dispute resolution procedures adopted by the department pursuant
19to subparagraph (H) of paragraph (2) of subdivision (b) of Section
2025206.2.

end insert

21(c) (1) The department shall suspend the permit of any facility
22for nonpayment of a penalty assessed upon the owner or operator
23for failure to comply with this chapter or the regulations adopted
24pursuant to this chapter, if the penalty has been imposed by a trial
25court judge or by an administrative hearing officer, if the person
26has agreed to pay the penalty pursuant to a written agreement
27resolving a lawsuit or an administrative order, or if the penalty has
28become final due to the person’s failure to respond to the lawsuit
29or order.

30(2) The department may suspend a permit pursuant to this
31subdivision only if the owner or operator is delinquent in the
32payment of the penalty and the department has notified the owner
33or operator of the delinquency pursuant to subdivision (d).

34(d) Before suspending a permit pursuant to this section, the
35department shall notify the owner or operator of its intent to do
36so, and shall allow the owner or operator a minimum of 30 days
37in which to cure the delinquency.

38(e) The department may deny a new permit or refuse to renew
39a permit on the same grounds for which the department is required
P42   1to suspend a permit under this section, subject to the same
2requirements and conditions.

3(f) (1) The department shall reinstate a permit that is suspended
4pursuant to this section upon payment of the amountbegin delete due,end deletebegin insert dueend insert if
5the permit has not otherwise been revoked or suspended pursuant
6to any other provision of this chapter or regulation. Until the
7department reinstates a permit suspended pursuant to this section,
8if the facility stores, treats, disposes of, or recycles hazardous
9wastes, the facility shall be in violation of this chapter. If the
10operator of the facility subsequently pays the amount due, the
11period of time for which the operator shall have been in violation
12of this chapter shall be from the date of the activity that is in
13violation until the day after the owner or operator submits the
14payment to the department.

15(2) Except as otherwise provided in this section, the department
16is not required to take any other statutory or regulatory procedures
17governing the suspension of the permit before suspending a permit
18in compliance with the procedures of this section.

19(g) (1) A suspension under this section shall be stayed while
20an authorized appeal of the fee or penalty is pending before a court
21or an administrative agency.

22(2) For purposes of this subdivision, “an authorized appeal”
23means any appeal allowed pursuant to an applicable regulation or
24statute.

25(h) The department may suspend a permit under this section
26based on a failure to pay the required fee or penalty that
27commencedbegin delete prior toend deletebegin insert beforeend insert January 1, 2002, if the failure to pay
28has been ongoing for at least 30 days following that date.

29(i) Notwithstanding Section 43651 of the Revenue and Taxation
30Code, the suspension of a permit pursuant to this section, the reason
31for the suspension, and any documentation supporting the
32suspension, shall be a matter of public record.

33(j) (1) This section does not authorize the department to suspend
34a permit held by a government agency if the agency does not
35dispute the payment but nonetheless is unable to process the
36payment in a timely manner.

37(2) This section does not apply to a site owned or operated by
38a federal agency if the department has entered into an agreement
39with that federal agency regarding the remediation of that site.

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

P43   1begin insert

begin insertSEC. 19.end insert  

end insert

begin insertSection 25205.7 of the end insertbegin insertHealth and Safety Codeend insertbegin insert is
2amended to read:end insert

3

25205.7.  

(a) (1) begin deleteExcept as otherwise provided in this section,
4any end delete
begin insertAend insertbegin insert end insertperson who applies for, or requests,begin delete oneend deletebegin insert anyend insert of the following
5shall enter into a written agreement with the department pursuant
6to which that person shall reimburse the department, pursuant to
7Article 9.2 (commencing with Section 25206.1), for the costs
8incurred by the department in processing the application or
9responding to the request:

10(A) A new hazardous waste facilities permit, including a
11standardized permit.

12(B) A hazardous waste facilities permit for postclosure.

13(C) A renewal of an existing hazardous waste facilities permit,
14including a standardized permit or postclosure permit.

15(D) A class 2 or class 3 modification of an existing hazardous
16waste facilities permit or grant of interim status, including a
17standardized permit or grant of interim status or a postclosure
18permit.

19(E) A variance.

20(F) A waste classification determination.

21(2) begin deleteAny end deletebegin insertAn end insertagreement required pursuant to paragraph (1)begin delete mayend delete
22begin insert shallend insert provide forbegin delete some, or all,end deletebegin insert at least 25 percentend insert of the
23reimbursement to be made in advance of the processing of the
24application or the response to the request.begin insert The 25-percent advance
25payment shall be based upon the department’s total estimated
26costs of processing the application or response to the request.end insert

27(3) begin deleteAny end deletebegin insertAn end insertagreement entered into pursuant to thisbegin delete subdivision
28mayend delete
begin insert section shall, if applicable,end insert include costs of reviewing and
29overseeing corrective action as set forth in subdivision (b).

begin delete end deletebegin delete

30(4) This subdivision does not apply to any application or request
31submitted to the department prior to July 1, 1998. Any person who
32submitted such an application or request shall pay the applicable
33fee, if not already paid, for the application or request as required
34by this chapter as it read prior to January 1, 1998, unless the
35department and the applicant or requester mutually agree to enter
36into a reimbursement agreement in lieu of any unpaid portion of
37the required fee.

end delete
begin delete end delete

38(b) begin deleteThe department end deletebegin insertAn applicant pursuant to paragraph (1) of
39subdivision (a) and the owner and the operator of the facilityend insert
shall
40begin delete recover allend deletebegin insert payend insert the department’s costs in reviewing and overseeing
P44   1any corrective action program described in the application for a
2standardized permit pursuant to subparagraph (C) of paragraph
3(2) of subdivision (c) of Section 25201.6 or required pursuant to
4subdivision (b) of Section 25200.10, and in reviewing and
5overseeing any corrective action work undertaken at the facility
6pursuant to that corrective action program.

begin insert

7
(c) (1) An applicant pursuant to paragraph (1) of subdivision
8(a) and the owner and the operator of the facility shall, pursuant
9to Section 21089 of the Public Resources Code, pay all costs
10incurred by the department for purposes of complying with the
11California Environmental Quality Act (Division 13 (commencing
12with Section 21000) of the Public Resources Code), in conjunction
13with an application or request for any of the activities identified
14in subdivision (a), including any activities associated with
15correction action.

end insert
begin insert

16
(2) Paragraph (1) does not apply to projects that are exempt
17from the California Environmental Quality Act (Division 13
18(commencing with Section 21000) of the Public Resources Code).

end insert
begin delete

19(c)

end delete

20begin insert(d)end insert Any reimbursements received pursuant to this section shall
21be placed in the Hazardous Waste Control Account for
22appropriation in accordance with Section 25174.

begin delete

23(d) (1) In lieu of entering into a reimbursement agreement with
24the department pursuant to subdivision (a), any person who applies
25for a new permit, a permit for postclosure, a renewal of an existing
26permit, or a class 2 or class 3 permit modification may instead
27elect to pay a fee as follows:

end delete
begin delete end deletebegin delete

28(A) A person submitting a hazardous waste facilities permit
29application for a land disposal facility shall pay one hundred four
30thousand one hundred eighty-seven dollars ($104,187) for a small
31facility, two hundred twenty-two thousand one hundred
32eighty-three dollars ($222,183) for a medium facility, and three
33hundred eighty-one thousand six hundred two dollars ($381,602)
34for a large facility.

end delete
begin delete end deletebegin delete

35(B) A person submitting a hazardous waste facilities permit
36application for any incinerator shall pay sixty-two thousand seven
37hundred sixty-two dollars ($62,762) for a small facility, one
38hundred thirty-three thousand sixty dollars ($133,060) for a
39medium facility, and two hundred twenty-eight thousand four
40hundred fifty-eight dollars ($228,458) for a large facility.

end delete
begin delete end deletebegin delete

P45   1(C) Except as provided in subparagraph (D), a person submitting
2a hazardous waste facility permit application for a storage facility,
3a treatment facility, or a storage and treatment facility shall pay
4twenty-one thousand three hundred forty dollars ($21,340) for a
5small facility, thirty-eight thousand nine hundred thirteen dollars
6($38,913) for a medium facility, and seventy-five thousand three
7hundred seventeen dollars ($75,317) for a large facility.

end delete
begin delete end deletebegin delete

8(D) A person submitting an application for a standardized permit
9for a storage facility, a treatment facility, or a storage and treatment
10facility, as specified in Section 25201.6, shall pay thirty-two
11thousand fifty-two dollars ($32,052) for a Series A standardized
12permit, twenty thousand eleven dollars ($20,011) for a Series B
13standardized permit, and five thousand three hundred thirty-two
14dollars ($5,332) for a Series C standardized permit. The board
15shall assess the fees specified in this subparagraph, in accordance
16with paragraph (2), based upon the classifications specified in
17subdivision (a) of Section 25201.6.

end delete
begin delete end deletebegin delete

18(E) (i) A person submitting a hazardous waste facilities permit
19application for a transportable treatment unit shall pay sixteen
20thousand three hundred twenty dollars ($16,320) for a small unit,
21thirty-seven thousand six hundred fifty-seven dollars ($37,657)
22for a medium unit, and seventy-five thousand three hundred
23seventeen dollars ($75,317) for a large unit.

end delete
begin delete end deletebegin delete

24(ii) Notwithstanding clause (i), the fee for any application for
25a new permit, permit modification, or permit renewal for a
26transportable treatment unit, that was pending before the
27department as of January 1, 1996, shall be determined according
28to the type of permit authorizing operation of that unit, as provided
29by subdivision (d) of Section 25200.2 or the regulations adopted
30pursuant to subdivision (a) of Section 25200.2. Any standardized
31permit issued to the operator of a transportable treatment unit after
32January 1, 1996, that succeeds a full hazardous waste facilities
33permit issued by the department prior to January 1, 1996, in
34accordance with subdivision (d) of Section 25200.2 or the
35regulations adopted pursuant to subdivision (a) of Section 25200.2,
36shall not be considered to be a new hazardous waste facilities
37permit.

end delete
begin delete end deletebegin delete

38(F) A person submitting a hazardous waste facilities permit
39application for a postclosure permit shall pay a fee of ten thousand
40forty dollars ($10,040) for a small facility, twenty-two thousand
P46   1five hundred ninety-six dollars ($22,596) for a medium facility,
2and thirty-seven thousand six hundred fifty-seven dollars ($37,657)
3for a large facility.

end delete
begin delete end deletebegin delete

4(G) A person submitting an application for one or more class 2
5permit modifications, including a class 2 modification to a
6standardized permit, shall pay a fee equal to 20 percent of the fee
7for a new permit for that facility for each unit directly impacted
8by the modifications, up to a maximum of 40 percent for each
9application, except that each person who applies for one or more
10class 2 permit modifications for a land disposal facility or an
11incinerator shall pay a fee equal to 15 percent of the fee for a new
12permit for that facility for each unit directly impacted by the
13modifications, up to a maximum of 30 percent for each application.

end delete
begin delete end deletebegin delete

14(H) A person submitting an application for one or more class 3
15permit modifications, including a class 3 modification to a
16standardized permit, shall pay a fee equal to 40 percent of the fee
17for a new permit for that facility for each unit directly impacted
18by the modifications, up to a maximum of 80 percent for each
19application, except that a person who applies for one or more class
203 permit modifications for a land disposal facility or an incinerator
21shall pay a fee equal to 30 percent of the fee for a new permit for
22that facility for each unit directly impacted by the modifications,
23up to a maximum of 60 percent for each application.

end delete
begin delete end deletebegin delete

24(I) A person who submits an application for renewal of any
25existing permit shall pay an amount equal to the fee that would
26have been assessed had the person requested the same changes in
27a modification application, but not less than one-half the fee
28required for a new permit.

end delete
begin delete end deletebegin delete

29(J) A person who submits a single application for a facility that
30falls within more than one fee category shall pay only the higher
31fee.

end delete
begin delete end deletebegin delete

32(2) The fees required by paragraph(1) shall be assessed by the
33board upon application to the department. For a facility operating
34pursuant to a grant of interim status, the submittal of the application
35shall be the submittal of the Part B application in accordance with
36regulations adopted by the department. The fee shall be
37nonrefundable, even if the application is withdrawn or denied. The
38department shall provide the board with any information that is
39necessary to assess fees pursuant to this section. The fee shall be
40collected in accordance with Part 22 (commencing with Section
P47   143001) of Division 2 of the Revenue and Taxation Code, and
2deposited into the Hazardous Waste Control Account.

end delete
begin delete

3(3) The amounts stated in this subdivision are the base rates for
4the 1997 calendar year. Thereafter, the fees shall be adjusted
5annually by the board to reflect increases or decreases in the cost
6of living, during the prior fiscal year, as measured by the Consumer
7Price Index issued by the Department of Industrial Relations, or
8a successor agency.

end delete
begin delete end deletebegin delete

9(4) Except as provided in paragraph (5), for purposes of this
10section, and notwithstanding Section 25205.1, any facility or unit
11is “small” if it manages 0.5 tons (1,000 pounds) or less of
12hazardous waste during any one month of the state’s current fiscal
13year, “medium” if it manages more than 0.5 tons (1,000 pounds),
14but less than 1,000 tons, of hazardous waste during any one month
15of the state’s current fiscal year, and “large” if it manages 1,000
16or more tons of hazardous waste during any one month of the
17state’s current fiscal year.

end delete
begin delete end deletebegin delete

18(5) For purposes of subparagraph (F) of paragraph (1) of this
19subdivision and paragraph (8) of subdivision (c) of Section
2025205.4, any facility or unit is “small” if 0.5 tons (1,000 pounds)
21or less of hazardous waste remain after closure, “medium” if more
22than 0.5 tons (1,000 pounds), but less than 1,000 tons of hazardous
23waste remain after closure, and “large” if 1,000 or more tons of
24hazardous waste remain after closure.

end delete
begin delete end deletebegin delete

25(6) The amounts stated in this subdivision are in addition to any
26amounts required to reimburse the department for the corrective
27action review and oversight costs required to be recovered pursuant
28to subdivision (b).

end delete

29(e) Subdivision (a) does not apply to any variance granted
30pursuant to Article 4 (commencing with Section 66263.40) of
31Chapter 13 of Division 4.5 of Title 22 of the California Code of
32Regulations.

begin delete

33(f) Subdivisions (a) and (d) do not apply to a permit modification
34resulting from a revision of a facility’s or operator’s closure plan
35if the facility is exempted from fees pursuant to subdivision (e) of
36Section 25205.3, or if the operator is subject to paragraph (2) or
37(3) of subdivision (d) of Section 25205.2.

end delete
begin delete

38(g) (1) Except as provided in paragraphs (3) and (4),
39subdivisions (a) and (d) do not apply to any permit or variance to
40operate a research, development, and demonstration facility, if the
P48   1duration of the permit or variance is not longer than one year,
2unless the permit or variance is renewed pursuant to the regulations
3adopted by the department.

end delete
begin delete

4(2) For purposes of this section, a “research, development, and
5demonstration facility” is a facility which proposes to utilize an
6innovative and experimental hazardous waste treatment technology
7or process for which regulations prescribing permit standards have
8not been adopted.

end delete
begin delete

9(3) The exemption provided by this subdivision does not apply
10to a facility which operates as a medium or large multiuser offsite
11commercial hazardous waste facility and which does not otherwise
12possess a hazardous waste facilities permit pursuant to Section
1325200.

end delete
begin delete

14(4)  The fee exemption authorized pursuant to paragraph (1)
15shall be effective for a total duration of not more than two years.

end delete
begin delete

16(h) Subdivisions (a) and (d) do

end delete

17begin insert(f)end insertbegin insertend insertbegin insertSubdivision (a) doesend insert not apply to any of the following:

18(1) Any variance issued to a public agency to transport wastes
19for purposes of operating a household hazardous waste collection
20facility, or to transport waste from a household hazardous waste
21collection facility, which receives household hazardous waste or
22hazardous waste from conditionally exempted small quantity
23generators pursuant to Article 10.8 (commencing with Section
2425218).

25(2) A permanent household hazardous waste collection facility.

26(3) Any variance issued to a public agency to conduct a
27collection program for agricultural wastes.

begin delete

28(i) Notwithstanding subdivisions (a) and (b), the department
29shall not assess any fees or seek any reimbursement for the
30department’s costs in reviewing and overseeing any preliminary
31site assessment in conjunction with a hazardous waste facilities
32permit application.

33(j)  The changes made in this section by Chapter 870 of the
34Statutes of 1997 do not require amendment of, or otherwise affect,
35any agreement entered into prior to July 1, 1998, pursuant to which
36any person has agreed to reimburse the department for the costs
37incurred by the department in processing applications, responding
38to requests, or otherwise providing other services pursuant to this
39chapter.

end delete
begin insert

P49   1
(g) Fees imposed pursuant to this section shall be administered
2and collected by the department.

end insert
begin insert

3
(h) (1) The changes made in this section by the act that added
4this subdivision apply to applications and requests submitted to
5the department on and after April 1, 2016.

end insert
begin insert

6
(2) If, on and after April 1, 2016, an applicant has submitted
7an application and paid a fee pursuant to subdivision (d), as that
8subdivision read on April 1, 2016, but before the act that added
9this subdivision took effect, the department shall determine the
10difference between the amount paid by the applicant and the
11amount due pursuant to subdivision (a), and that applicant shall
12be liable for that amount.

end insert
begin insert

13
(3) Acknowledging a limited period of retroactive application
14of the elimination of the flat fee option pursuant to this subdivision,
15the Legislature finds and declares all of the following:

end insert
begin insert

16
(A) The department expends a substantial amount of time and
17resources in processing permit applications and modifications.

end insert
begin insert

18
(B) The former flat fee option paid by applicants was most often
19insufficient to cover actual costs to the department in reviewing
20and processing the applications and modifications.

end insert
begin insert

21
(C) The applicant, being the primary beneficiary of the permit
22process, in fairness should pay the actual costs of the department
23in reviewing permit applications and modifications.

end insert
begin insert

24
(D) The amendment to this section during the 2015-16 Regular
25Session eliminating the flat fee option and requiring applicants to
26enter into a written reimbursement agreement with the department
27is intended to apply to applications and modification requests filed
28on or after April 1, 2016, in order to remedy this financial inequity
29and to avoid an influx of the submission of applications to the
30department before amendment to this section goes into effect.

end insert
begin insert

31
(3) Acknowledging a limited period of retroactive application
32of the elimination of the flat fee option pursuant to this subdivision,
33the Legislature finds and declares all of the following:

end insert
begin insert

34
(A) The department expends a substantial amount of time and
35resources in processing permit applications and modifications.

end insert
begin insert

36
(B) The former flat fee option paid by applicants was most often
37insufficient to cover actual costs to the department in reviewing
38and processing the applications and modifications.

end insert
begin insert

P50   1
(C) The applicant, being the primary beneficiary of the permit
2process, in fairness should pay the actual costs of the department
3in reviewing permit applications and modifications.

end insert
begin insert

4
(D) The amendment to this section during the 2015-16 Regular
5Session eliminating the flat fee option and requiring applicants to
6enter into a written reimbursement agreement with the department
7is intended to apply to applications and modification requests filed
8on or after April 1, 2016, in order to remedy this financial inequity
9and to avoid an influx of the submission of applications to the
10department before amendment to this section goes into effect.

end insert
11begin insert

begin insertSEC. 20.end insert  

end insert

begin insertSection 25205.18 of the end insertbegin insertHealth and Safety Codeend insertbegin insert is
12amended to read:end insert

13

25205.18.  

(a) If a facility has a permit or an interim status
14document which sets forth the facility’s allowable capacity for
15treatment or storage, the facility’s size for purposes of the annual
16facility feebegin insert pursuant to Section 25205.2end insert shall be based upon that
17capacity, except as provided in subdivision (d).

18(b) If a facility’s allowable capacity changes or is initially
19established as a result of a permit modification, or a submission
20of a certification pursuant to subdivision (d), the fee that is due for
21the reporting period in which the change occurs shall be thebegin delete lower
22fee until December 31, 1994. After that date, the fee that is due
23for the reporting period in which a change occurs shall be theend delete

24 higher fee.

25(c) begin delete(1)end deletebegin deleteend deleteThe department may require the facility to submit an
26application to modify its permit to provide for an allowable
27capacity.

begin delete end deletebegin delete

28(2) Subdivisions (a) and (d) of Section 25205.7 do not apply to
29an application for modification required by the department pursuant
30to this subdivision.

end delete
begin delete end delete

31(d) A facility may reduce its allowable capacity below the
32amounts specified in subdivision (a) or (c) by submitting a
33certification signed by the owner or operator in which the owner
34or operator pledges that the facility will not handle hazardous waste
35at a capacity above the amount specified in the certification. In
36that case, the facility’s size for purposes of the annual facility fee
37begin insert pursuant to Section 25205.2end insert shall be based upon the capacity
38specified in the certification, until the certification is withdrawn.
39Exceeding the capacity limits specified in a certification that has
40not been withdrawn shall be a violation of the hazardous waste
P51   1control law and may subject a facility or its operator to a penalty
2and corrective action as provided in thisbegin delete chapter, including, but
3not limited to, an augmentation pursuant to Section 25191.1.end delete

4
begin insert chapter.end insert

5(e) This section shall have no bearing on the imposition of the
6annual postclosure facility fee.

7begin insert

begin insertSEC. 21.end insert  

end insert

begin insertSection 25205.19 of the end insertbegin insertHealth and Safety Codeend insertbegin insert is
8amended to read:end insert

9

25205.19.  

(a) If a facility has a permit or an interim status
10document which sets forth the facility’s type, pursuant to Section
1125205.1, as either treatment, storage, or disposal, the facility’s
12type for purposes of the annual facility feebegin insert pursuant to Section
1325205.2end insert
shall be rebuttably presumed to be what is set forth in that
14permit or document.

15(b) If the facility’s type changes as a result of a permit or interim
16status modification, any change in the annual facility fee shall be
17effective the reporting period following the one in which the
18modification becomes effective.

19(c) begin delete(1)end deletebegin deleteend deleteIf the facility’s permit or interim status document does
20not set forth its type, the department may require the facility to
21submit an application to modify the permit or interim status
22document to provide for a facility type.

begin delete end deletebegin delete

23(2) Subdivisions (a) and (d) of Section 25205.7 do not apply to
24an application for modification pursuant to this subdivision.

end delete
begin delete end delete

25(d) A permit or interim status document may set forth more than
26one facility type or size. In accordance with subdivisionbegin delete (e)end deletebegin insert (d)end insert of
27Section 25205.4, the facility shall be subject only to the highest
28applicable fee.

29begin insert

begin insertSEC. 22.end insert  

end insert

begin insertSection 25247 of the end insertbegin insertHealth and Safety Codeend insertbegin insert is
30amended to read:end insert

31

25247.  

(a) The department shall review each plan submitted
32pursuant to Section 25246 and shall approve the plan if it finds
33that the plan complies with the regulations adopted by the
34department and complies with all other applicable state and federal
35regulations.

36(b) The department shall not approve the plan until at least one
37of the following occurs:

38(1) The plan has been approved pursuant to Section 13227 of
39the Water Code.

P52   1(2) Sixty days expire after the owner or operator of an interim
2status facility submits the plan to the department. If the department
3denies approval of a plan for an interim status facility, this 60-day
4period shall not begin until the owner or operator resubmits the
5plan to the department.

6(3) The director finds that immediate approval of the plan is
7necessary to protect public health, safety, or the environment.

8(c) Any action taken by the department pursuant to this section
9is subject to Section 25204.5.

10(d) (1) To the extent consistent with the federal act, the
11department shall impose the requirements of a hazardous waste
12facility postclosure plan on the owner or operator of a facility
13through the issuance of an enforcement order, entering into an
14enforceable agreement, or issuing a postclosure permit.

15(A) A hazardous waste facility postclosure plan imposed or
16modified pursuant to an enforcement order, a permit, or an
17enforceable agreement shall be approved in compliance with the
18California Environmental Quality Act (Division 13 (commencing
19with Section 21000) of the Public Resources Code).

20(B) Before the department initially approves or significantly
21modifies a hazardous waste facility postclosure plan pursuant to
22this subdivision, the department shall provide a meaningful
23opportunity for public involvement, which, at a minimum, shall
24include public notice and an opportunity for public comment on
25the proposed action.

26(C) For the purposes of subparagraph (B), a “significant
27modification” is a modification that the department determines
28would constitute a class 3 permit modification if the change were
29being proposed to a hazardous waste facilities permit. In
30determining whether the proposed modification would constitute
31a class 3 modification, the department shall consider the similarity
32of the modification to class 3 modifications codified in Appendix
33I of Chapter 20 (commencing with Section 66270.1) of Division
344.5 of Title 22 of the California Code of Regulations. In
35determining whether the proposed modification would constitute
36a class 3 modification, the department shall also consider whether
37there is significant public concern about the proposed modification,
38and whether the proposed change is so substantial or complex in
39nature that the modification requires the more extensive procedures
40of a class 3 permit modification.

P53   1(2) This subdivision does not limit or delay the authority of the
2department to order any action necessary at a facility to protect
3public health or safety.

4(3) If the department imposes a hazardous waste facility
5postclosure plan in the form of an enforcement order or enforceable
6agreement, in lieu of issuing or renewing a postclosure permit, the
7owner or operator who submits the plan for approval shall, at the
8time the plan is submitted,begin delete pay the same fee specified in
9subparagraph (F) of paragraph (1) of subdivision (d) of Section
1025205.7, orend delete
enter into a cost reimbursement agreement pursuant
11tobegin delete subdivision (a) ofend delete Section 25205.7 and upon commencement
12of the postclosure period shall pay the fee required by paragraph
13(9) of subdivision (c) of Section 25205.4. For purposes of this
14paragraph and paragraph (9) of subdivision (c) of Section 25205.4,
15the commencement of the postclosure period shall be the effective
16date of the postclosure permit, enforcement order, or enforceable
17agreement.

18(4) In addition to any other remedy available under state law to
19enforce a postclosure plan imposed in the form of an enforcement
20order or enforcement agreement, the department may take any of
21the following actions:

22(A) File an action to enjoin a threatened or continuing violation
23of a requirement of the enforcement order or agreement.

24(B) Require compliance with requirements for corrective action
25or other emergency response measures that the department deems
26necessary to protect human health and the environment.

27(C) Assess or file an action to recover civil penalties and fines
28for a violation of a requirement of an enforcement order or
29agreement.

30(e) Subdivision (d) does not apply to a postclosure plan for
31which a final or draft permit has been issued by the department on
32or before December 31, 2003, unless the department and the facility
33mutually agree to replace the permit with an enforcement order or
34enforceable agreement pursuant to the provisions of subdivision
35(d).

36(f) (1) Except as provided in paragraphs (2) and (3), the
37department may only impose postclosure plan requirements through
38an enforcement order or an enforceable agreement pursuant to
39 subdivision (d) until January 1, 2009.

P54   1(2) This subdivision does not apply to an enforcement order or
2enforceable agreement issuedbegin delete prior toend deletebegin insert beforeend insert January 1, 2009, or
3an order or agreement for which a public notice is issued on or
4before January 1, 2009.

5(3) This subdivision does not apply to the modification on or
6after January 1, 2009, of an enforcement order or enforceable
7agreement that meets the conditions in paragraph (2).

8(g) If the department determines that a postclosure permit is
9necessary to enforce a postclosure plan, the department may, at
10any time, rescind and replace an enforcement order or an
11enforceable agreement issued pursuant to this section by issuing
12a postclosure permit for the hazardous waste facility, in accordance
13with the procedures specified in the department’s regulations for
14the issuance of postclosure permits.

15(h) Nothing in this section may be construed to limit or delay
16the authority of the department to order any action necessary at a
17facility to protect public health or safety, or the environment.

18begin insert

begin insertSEC. 23.end insert  

end insert

begin insertSection 25253.5 is added to the end insertbegin insertHealth and Safety
19Code
end insert
begin insert, to read:end insert

begin insert
20

begin insert25253.5.end insert  

The department shall revise its 2015-17 Priority
21Product Work Plan to include lead acid batteries for consideration
22and evaluation as a potential priority product.

end insert
23begin insert

begin insertSEC. 24.end insert  

end insert

begin insertSection 43011.3 is added to the end insertbegin insertHealth and Safety
24Code
end insert
begin insert, to read:end insert

begin insert
25

begin insert43011.3.end insert  

The state board may enter into agreements with
26private entities and receive, on behalf of the state, contributions
27from private sources in the form of equipment or money in order
28to expedite the processing of applications, resolutions, and
29executive orders pertaining to subdivisions (h) and (i) of Section
3027156 of the Vehicle Code. All moneys received pursuant to this
31section shall be separately accounted for and deposited in the Air
32Pollution Control Fund and shall be available, upon appropriation,
33to the state board for purposes of this section.

end insert
34begin insert

begin insertSEC. 25.end insert  

end insert

begin insertSection 100829 of the end insertbegin insertHealth and Safety Codeend insertbegin insert is
35amended to read:end insert

36

100829.  

Thebegin delete departmentend deletebegin insert State Water Resources Control Boardend insert
37 may do all of the following related to accrediting environmental
38laboratories in the state:

P55   1(a) Offer both state accreditation and NELAP accreditation,
2which shall be considered equivalent for regulatory activities
3covered by this article.

4(b) Adopt regulations to establish the accreditation procedures
5for both types of accreditation.

6(c) Retain exclusive authority to grant NELAP accreditation.

7(d) Accept certificates of accreditation from laboratories that
8have been accredited by other NELAP-recognized accrediting
9authorities.

10(e) Adopt regulations to establish procedures for recognizing
11the accreditation of laboratories located outside California for
12activities regulated under this article.

13(f) (1) Adoptbegin delete regulationsend deletebegin insert a schedule of fees to recover costs
14incurredend insert
for thebegin delete collection of laboratory accreditation fees.end delete
15
begin insert accreditation of environmental laboratories. Consistent with
16Section 3 of Article XIII A of the California Constitution, the board
17shall set the fees under this section in an amount sufficient to
18recover all reasonable regulatory costs incurred for the purposes
19of this article.end insert

begin delete

20(2) Fees collected under this section shall be adjusted annually
21as provided in Section 10045. The adjustment shall be rounded to
22the nearest dollar.

end delete
begin insert

23
(2) The board shall set the amount of total revenue collected
24each year through the fee schedule at an amount equal to the
25amount appropriated by the Legislature in the annual Budget Act
26from the Environmental Laboratory Improvement Fund for
27expenditure for the administration of this article, taking into
28account the reserves in the Environmental Laboratory Improvement
29Fund. The board shall review and revise the fees each fiscal year
30as necessary to conform with the amounts appropriated by the
31Legislature. If the board determines that the revenue collected
32during the preceding year was greater than, or less than, the
33amounts appropriated by the Legislature, the board may further
34adjust the fees to compensate for the over or under collection of
35revenue.

end insert
begin insert

36
(3) The board shall adopt the schedule of fees by emergency
37regulation. The emergency regulations may include provisions
38concerning the administration and collection of the fees. Any
39emergency regulations adopted pursuant to this section, any
40amendment to those regulations, or subsequent adjustments to the
P56   1annual fees, shall be adopted by the board in accordance with
2Chapter 3.5 (commencing with Section 11340) of Part 1 of Division
33 of Title 2 of the Government Code. The adoption of these
4regulations is an emergency and shall be considered by the Office
5of Administrative Law as necessary for the immediate preservation
6of the public peace, health, safety, and general welfare.
7Notwithstanding Chapter 3.5 (commencing with Section 11340)
8of Part 1 of Division 3 of Title 2 of the Government Code, any
9emergency regulations adopted by the board, or adjustments to
10the annual fees made by the board pursuant to this section, are
11not subject to review by the Office of Administrative Law and
12remain in effect until revised by the board.

end insert
begin delete

13(3)

end delete

14begin insert(4)end insert Fees shall be set for the two types of accreditation provided
15for in subdivisionbegin delete (a).end deletebegin insert (a), including application fees.end insert

begin delete

16(4)

end delete

17begin insert(5)end insert Programs operated under this article shall be fully
18fee-supported.

19begin insert

begin insertSEC. 26.end insert  

end insert

begin insertSection 100860.1 of the end insertbegin insertHealth and Safety Codeend insertbegin insert is
20amended to read:end insert

21

100860.1.  

(a) At the time of applicationbegin insert for ELAP certificationend insert
22 and annually thereafter, from the date of the issuance of the
23certificate, a laboratory shall pay an ELAP certificationbegin delete fee. This
24fee shall consist of a base or administrative fee and a fee for each
25of the ELAP fields of testing listed below for which the laboratory
26has requested ELAP certification. These fees shall be
27nonrefundable and adopted in regulations, and shall be sufficientend delete

28
begin delete to allow theend deletebegin delete ELAP program to be fully fee-supported. The fields
29of testing for ELAP certification and their code numbers are the
30following:end delete
begin insert fee, according to the fee schedule established by the
31State Water Resources Control Board pursuant to Section 100829.end insert

begin delete

32(E101) Microbiology of drinking water.

end delete
begin delete end deletebegin delete

33(E102) Inorganic chemistry of drinking water.

end delete
begin delete end deletebegin delete end deletebegin delete

34(E103) Toxic chemical elements of drinking water.

end delete
begin delete end deletebegin delete end deletebegin delete

35(E104) Volatile organic chemistry of drinking water.

end delete
begin delete end deletebegin delete end deletebegin delete

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

end delete
begin delete end deletebegin delete end deletebegin delete

37(E106) Radiochemistry of drinking water.

end delete
begin delete end deletebegin delete end deletebegin delete

38(E107) Microbiology of wastewater.

end delete
begin delete end deletebegin delete end deletebegin delete

39(E108) Inorganic chemistry of wastewater.

end delete
begin delete end deletebegin delete end deletebegin delete

40(E109) Toxic chemical elements of wastewater.

end delete
begin delete end deletebegin delete end deletebegin delete

P57   1(E110) Volatile organic chemistry of wastewater.

end delete
begin delete end deletebegin delete end deletebegin delete

2(E111) Semi-volatile organic chemistry of wastewater.

end delete
begin delete end deletebegin delete end deletebegin delete

3(E112) Radiochemistry of wastewater.

end delete
begin delete end deletebegin delete end deletebegin delete

4(E113) Whole effluent toxicity of wastewater.

end delete
begin delete end deletebegin delete end deletebegin delete

5(E114) Inorganic chemistry and toxic chemical elements of
6hazardous waste.

end delete
begin delete end deletebegin delete end deletebegin delete

7(E115) Extraction test of hazardous waste.

end delete
begin delete end deletebegin delete end deletebegin delete

8(E116) Volatile organic chemistry of hazardous waste.

end delete
begin delete end deletebegin delete end deletebegin delete

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

end delete
begin delete end deletebegin delete end deletebegin delete

10(E118) Radiochemistry of hazardous waste.

end delete
begin delete end deletebegin delete end deletebegin delete

11(E119) Toxicity bioassay of hazardous waste.

end delete
begin delete end deletebegin delete end deletebegin delete

12(E120) Physical properties of hazardous waste.

end delete
begin delete end deletebegin delete end deletebegin delete

13(E121) Bulk asbestos analysis of hazardous waste.

end delete
begin delete end deletebegin delete end deletebegin delete

14(E122) Microbiology of food.

end delete
begin delete end deletebegin delete end deletebegin delete

15(E123) Inorganic chemistry and toxic chemical elements of
16pesticide residues in food.

end delete
begin delete end deletebegin delete end deletebegin delete

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

end delete
begin delete end deletebegin delete end deletebegin delete

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

end delete
begin delete end deletebegin delete end deletebegin delete

21(E126) Microbiology of recreational water.

end delete
begin delete end deletebegin delete end deletebegin delete

22(E127) Air quality monitoring.

end delete
begin delete end deletebegin delete end deletebegin delete

23(E128) Shellfish sanitation.

end delete
begin delete end deletebegin delete end deletebegin delete

24(b) In addition to the payment of ELAP certification fees,
25laboratories located outside the State of California shall reimburse
26the department for travel and per diem necessary to perform onsite
27inspections.

end delete
begin delete end deletebegin delete end deletebegin delete

28(c) If reciprocity with another jurisdiction is established by
29regulation as described in Section 100830, the regulations may
30provide for the waiver of certification fees for program activities
31considered equivalent.

end delete
begin delete end deletebegin delete end deletebegin delete

32(d) Fees collected under this section shall be adjusted annually
33as specified in Section 100425. The adjustment shall be rounded
34to the nearest whole dollar. It is the intent of the Legislature that
35the programs operated under this article be fully fee-supported.

end delete
begin delete end deletebegin delete

36(e)

end delete

37begin insert(b)end insert State and local government-owned laboratories in California
38begin delete established under Section 101150 orend delete performing work only in a
39reference capacity as a reference laboratory are exempt from the
P58   1payment of thebegin delete feeend deletebegin insert feesend insert prescribedbegin delete under subdivision (a).end deletebegin insert pursuant
2to Section 100829.end insert

begin delete end deletebegin delete

3(f) In addition to the payment of certification fees, laboratories
4certified or applying for certification in fields of testing for
5pesticide residues in food shall pay a fee directly to the designated
6proficiency testing provider for the cost of each proficiency testing
7sample set.

end delete
begin delete end deletebegin delete

8(g)

end delete

9begin insert(c)end insert In addition to the payment ofbegin delete certification fees,end deletebegin insert fees
10authorized by Section 100829,end insert
laboratories certified or applying
11for certification shall pay directly to the designated proficiency
12testing provider the cost of the proficiency testing study.

begin delete

13(h)

end delete

14begin insert(d)end insert For the purpose of this section, a reference laboratory is a
15laboratory owned and operated by a governmental regulatory
16agency for the principal purpose of analyzing samples referred by
17
begin delete other laboratories for confirmatory analysis. Reference laboratories
18carry out quality assurance functions for other laboratories and
19may carry out unusual, highly specialized, and difficult analyses
20not generally available through commercial laboratories, and a
21limited number of routine analyses, for regulatory purposes only,
22and without assessing per-sample fees for the services.end delete
begin insert another
23governmental regulatory agency or another laboratory for
24confirmatory analysis.end insert

begin delete end deletebegin delete

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

end delete
begin delete end delete
26begin insert

begin insertSEC. 27.end insert  

end insert

begin insertSection 100862 of the end insertbegin insertHealth and Safety Codeend insertbegin insert is
27amended to read:end insert

28

100862.  

(a) At the time of application for NELAP accreditation
29and annually thereafter, from the date of the issuance of the
30accreditation, a laboratory shall pay abegin delete base fee and a fee for each
31of theend delete
begin delete to allow theend deletebegin delete NELAP program to be fullyend deletebegin delete feeend deletebegin delete supported. The
32fields of testing for NELAP accreditation and their code numbers
33are all of the following:end delete
begin insert NELAP accreditation fee, according to
34the fee schedule established by the State Water Resources Control
35Board pursuant to Section 100829.end insert

begin delete

36(N101) Microbiology of drinking water.

end delete
begin delete end deletebegin delete

37(N102) Inorganic chemistry of drinking water.

end delete
begin delete end deletebegin delete end deletebegin delete

38(N103) Toxic chemical elements of drinking water.

end delete
begin delete end deletebegin delete end deletebegin delete

39(N104) Volatile organic chemistry of drinking water.

end delete
begin delete end deletebegin delete end deletebegin delete

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

end delete
begin delete end deletebegin delete end deletebegin delete

P59   1(N106) Radiochemistry of drinking water.

end delete
begin delete end deletebegin delete end deletebegin delete

2(N107) Microbiology of wastewater.

end delete
begin delete end deletebegin delete end deletebegin delete

3(N108) Inorganic chemistry of wastewater.

end delete
begin delete end deletebegin delete end deletebegin delete

4(N109) Toxic chemical elements of wastewater.

end delete
begin delete end deletebegin delete end deletebegin delete

5(N110) Volatile organic chemistry of wastewater.

end delete
begin delete end deletebegin delete end deletebegin delete

6(N111) Semi-volatile organic chemistry of wastewater.

end delete
begin delete end deletebegin delete end deletebegin delete

7(N112) Radiochemistry of wastewater.

end delete
begin delete end deletebegin delete end deletebegin delete

8(N113) Whole effluent toxicity of wastewater.

end delete
begin delete end deletebegin delete end deletebegin delete

9(N114) Inorganic chemistry and toxic chemical elements of
10hazardous waste.

end delete
begin delete end deletebegin delete end deletebegin delete

11(N115) Extraction test of hazardous waste.

end delete
begin delete end deletebegin delete end deletebegin delete

12(N116) Volatile organic chemistry of hazardous waste.

end delete
begin delete end deletebegin delete end deletebegin delete

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

end delete
begin delete end deletebegin delete end deletebegin delete

14(N118) Radiochemistry of hazardous waste.

end delete
begin delete end deletebegin delete end deletebegin delete

15(N119) Toxicity bioassay of hazardous waste.

end delete
begin delete end deletebegin delete end deletebegin delete

16(N120) Physical properties of hazardous waste.

end delete
begin delete end deletebegin delete end deletebegin delete

17(N121) Bulk asbestos analysis of hazardous waste.

end delete
begin delete end deletebegin delete end deletebegin delete

18(b) Fees for NELAP accreditation shall be adjusted annually as
19specified in Section 100425.

end delete
begin delete end deletebegin delete

20(c)

end delete

21begin insert(b)end insert In addition to the payment ofbegin delete accreditation fees,end deletebegin insert fees
22authorized by Section 100829,end insert
laboratories accredited or applying
23for accreditation shall pay directly to the designated proficiency
24testing provider the cost of the proficiency testing studies.

25begin insert

begin insertSEC. 28.end insert  

end insert

begin insertSection 105206 of the end insertbegin insertHealth and Safety Codeend insertbegin insert is
26amended to read:end insert

27

105206.  

(a) A laboratory that performs cholinesterase testing
28on human blood drawn in California for an employer to enable the
29employer to satisfy his or her responsibilities for medical
30supervision of his or her employees who regularly handle pesticides
31pursuant to Section 6728 of Title 3 of the California Code of
32Regulations or to respond to alleged exposure to cholinesterase
33inhibitors or known exposure to cholinesterase inhibitors that
34resulted in illness shall report the information specified in
35subdivision (b) to the Department of Pesticide Regulation. Reports
36shall be submitted to the Department of Pesticide Regulation on,
37at a minimum, a monthly basis. For the purpose of meeting the
38requirements in subdivision (d), the reports shall be submitted via
39electronic media and formatted in a manner approved by the
40director. The Department of Pesticide Regulation shall share
P60   1information from cholinesterase reports with thebegin delete OEHHAend deletebegin insert Office
2of Environmental Health Hazard Assessment (OEHHA)end insert
and the
3State Department of Public Health on an ongoing basis, in an
4electronic format, for the purpose of meeting the requirements of
5subdivisions (e) and (f).

6(b) The testing laboratory shall report all of the following
7information in its possession in complying with subdivision (a):

8(1) The test results in International Units per milliliter of sample
9(IU/mL).

10(2) The purpose of the test, including baseline or other periodic
11testing, pursuant to the requirements of Section 6728 of Title 3 of
12the California Code of Regulations, or evaluation of suspected
13pesticide illness.

14(3) The name of the person tested.

15(4) The date of birth of the person tested.

16(5) The name, address, and telephone number of the health care
17provider or medical supervisor who ordered the analysis.

18(6) The name, address, and telephone number of the analyzing
19laboratory.

20(7) The accession number of the specimen.

21(8) The date that the sample was collected from the patient and
22the date the result was reported.

23(9) Contact information for the person tested and his or her
24employer, if known and readily available.

25(c) The medical supervisor ordering the test for a person
26pursuant to subdivision (a) shall note in the test order the purpose
27of the test, pursuant to paragraph (2) of subdivision (b), and ensure
28that the person tested receives a copy of the cholinesterase test
29results and any recommendations from the medical supervisor
30within 14 days of the medical supervisor receiving the results.

31(d) All information reported pursuant to this section shall be
32confidential, as provided in Section 100330, except that the
33OEHHA, the Department of Pesticide Regulation, and the State
34Department of Public Health may share the information for the
35purpose of surveillance, case management, investigation,
36environmental remediation, or abatement with the appropriate
37county agricultural commissioner and local health officer.

38(e) The OEHHA shall review the cholinesterase test results and
39may provide an appropriate medical or toxicological consultation
40to the medical supervisor. In addition to the duties performed
P61   1pursuant to Section 105210, the OEHHA, in consultation with the
2Department of Pesticide Regulation and the local health officer,
3may provide medical and toxicological consultation, as appropriate,
4to the county agricultural commissioner to address medical issues
5related to the investigation of cholinesterase inhibitor-related
6illness.

7(f) By December 31, 2015, the Department of Pesticide
8Regulation and the OEHHA, in consultation with the State
9Department of Public Health, shall prepare a report on the
10effectiveness of the medical supervision program and the utility
11of laboratory-based reporting of cholinesterase testing for illness
12surveillance and prevention. The joint report may include
13recommendations to the Legislature that the Department of
14Pesticide Regulation and the OEHHA deem necessary. The
15Department of Pesticide Regulation and the OEHHA shall make
16the report publicly available on their Internet Web sites.

17(g) This section shall remain in effect only until January 1,begin delete 2017,end delete
18begin insert 2019,end insert and as of that date is repealed, unless a later enacted statute,
19that is enacted before January 1,begin delete 2017,end deletebegin insert 2019,end insert deletes or extends
20that date.

21begin insert

begin insertSEC. 29.end insert  

end insert

begin insertSection 116590 of the end insertbegin insertHealth and Safety Codeend insertbegin insert, as
22added by Section 26 of Chapter 24 of the Statutes of 2015, is
23amended to read:end insert

24

116590.  

(a) Funds received by the state board pursuant to this
25chapter shall be deposited into the Safe Drinking Waterbegin delete Account
26thatend delete
Account, which is hereby established, and shall be available
27for use by the state board, upon appropriation by the Legislature,
28for the purpose of providing funds necessary to administer this
29chapter. Funds in the Safe Drinking Water Accountbegin delete mayend delete shall not
30be expended for any purpose other than as set forth in this chapter.

31(b) A public water system maybegin delete be permitted to mayend delete collect a
32fee from its customers to recover the fees paid by the public water
33system pursuant to this chapter.

34(c) The total amount of funds received for state operations
35program costs to administer this chapter for fiscal year 2016-17
36shall not exceedbegin delete thirtyend deletebegin insert thirty-eightend insert millionbegin delete fourend deletebegin insert nineend insert hundredbegin delete fiftyend delete
37begin insert sevenend insert thousand dollarsbegin delete ($30,450,000)end deletebegin insert ($38,907,000)end insert and the total
38amount of funds received for administering this chapter for each
39fiscal year thereafter shall not increase by more than 5 percent of
40the amount received in the previous fiscal year plus any changes
P62   1to salary, benefit, and retirement adjustments contained in each
2annual Budget Act.

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

4begin insert

begin insertSEC. 30.end insert  

end insert

begin insertSection 116681 of the end insertbegin insertHealth and Safety Codeend insertbegin insert is
5amended to read:end insert

6

116681.  

The following definitions shall apply to this section
7and Sections 116682 and 116684:

8(a) “Adequate supply” means sufficient water to meet residents’
9health and safety needs.

10(b) “Affected residence” means a residence reliant on a water
11supply that is either inadequate or unsafe.

12(c) “Consistently fails” means a failure to provide an adequate
13supply of safe drinking water.

14(d) “Consolidated water system” means the public water system
15resulting from the consolidation of a public water system with
16another public water system, state small water system, or affected
17residences not served by a public water system.

18(e) “Consolidation” means joining two or more public water
19systems, state small water systems, or affected residences not
20served by a public water system, into a single public water system.

21(f) “Disadvantaged community” means a disadvantaged
22community, as defined in Section 79505.5 of the Water Code, that
23is in an unincorporated area or is served bybegin insert eitherend insert a mutual water
24
begin delete company.end deletebegin insert company or a small public water system.end insert

25(g) “Extension of service” means the provision of service
26through any physical or operational infrastructure arrangement
27other than consolidation.

28(h) “Receiving water system” means the public water system
29that provides service to a subsumed water system through
30consolidation or extension of service.

31(i) “Safe drinking water” means water that meets all primary
32and secondary drinking water standards.

begin insert

33
(j) “Small public water system” has the same meaning as
34provided in subdivision (b) of Section 116395.

end insert
begin delete

35(j)

end delete

36begin insert(k)end insert “Subsumed water system” means the public water system,
37state small water system, or affected residences not served by a
38public water system consolidated into or receiving service from
39the receiving water system.

P63   1begin insert

begin insertSEC. 31.end insert  

end insert

begin insertSection 10187.5 of the end insertbegin insertPublic Contract Codeend insertbegin insert is
2amended to read:end insert

3

10187.5.  

For purposes of this article, the following definitions
4and the definitions in subdivision (a) of Section 13332.19 of the
5Government Code shall apply:

6(a) “Best value” means a value determined by evaluation of
7objective criteria that relate to price, features, functions, life-cycle
8costs, experience, and past performance. A best value determination
9may involve the selection of the lowest cost proposal meeting the
10interests of the department and meeting the objectives of the
11project, selection of the best proposal for a stipulated sum
12established by the procuring agency, or a tradeoff between price
13and other specified factors.

14(b) “Construction subcontract” means each subcontract awarded
15by the design-build entity to a subcontractor that will perform work
16or labor or render service to the design-build entity in or about the
17construction of the work or improvement, or a subcontractor
18licensed by the State of California that, under subcontract to the
19design-build entity, specially fabricates and installs a portion of
20the work or improvement according to detailed drawings contained
21in the plans and specifications produced by the design-build team.

22(c) begin insert(1)end insertbegin insertend insert “Department” means the Department of General
23Services and the Department of Corrections and Rehabilitation.

begin insert

24
(2) For the purposes of projects at the Salton Sea, “department”
25means the Department of Water Resources.

end insert

26(d) “Design-build” means a project delivery process in which
27both the design and construction of a project are procured from a
28single entity.

29(e) “Design-build entity” means a corporation, limited liability
30company, partnership, joint venture, or other legal entity that is
31able to provide appropriately licensed contracting, architectural,
32and engineering services as needed pursuant to a design-build
33contract.

34(f) “Design-build team” means the design-build entity itself and
35the individuals and other entities identified by the design-build
36entity as members of its team. Members shall include the general
37contractor and, if utilized in the design of the project, all electrical,
38mechanical, and plumbing contractors.

39(g) begin insert(1)end insertbegin insertend insert “Director” means, with respect to procurements
40undertaken by the Department of General Services, the Director
P64   1of General Services or, with respect to procurements undertaken
2by the Department of Corrections and Rehabilitation, the secretary
3of that department.

begin insert

4
(2) For purposes of projects at the Salton Sea, “director” means
5the Director of Water Resources.

end insert
6begin insert

begin insertSEC. 32.end insert  

end insert

begin insertSection 10190 of the end insertbegin insertPublic Contract Codeend insertbegin insert is amended
7to read:end insert

8

10190.  

begin insert(a)end insertbegin insertend insert The director shall notify the State Public Works
9Board regarding the method to be used for selecting the
10design-build entity, prior to advertising the design-build project.

begin insert

11
(b) Notwithstanding subdivision (a), for purposes of projects
12at the Salton Sea, the Director of Water Resources shall notify the
13California Water Commission regarding the method to be used
14for selecting the design-build entry, prior to advertising the
15design-build project.

end insert
16begin insert

begin insertSEC. 33.end insert  

end insert

begin insertSection 4629.6 of the end insertbegin insertPublic Resources Codeend insertbegin insert is
17amended to read:end insert

18

4629.6.  

Moneys deposited in the fund shall, upon appropriation
19by the Legislature, only be expended for the following purposes:

20(a) To reimburse the State Board of Equalization for its
21administrative costs associated with the administration, collection,
22audit, and issuance of refunds related to the lumber products and
23engineered wood assessment established pursuant to Section
244629.5.

25(b) To pay refunds issued pursuant to Part 30 (commencing
26with Section 55001) of Division 2 of the Revenue and Taxation
27Code.

28(c) To support the activities and costs of the department, the
29Department of Conservation, the Department of Fish and Wildlife,
30the State Water Resources Control Board, and regional water
31quality control boards associated with the review of projects or
32permits necessary to conduct timber operations. On or after July
331, 2013, except for fees applicable for fire prevention or protection
34within state responsibility area classified lands or timber yield
35assessments, no currently authorized or required fees shall be
36charged by the agencies listed in this subdivision for activities or
37costs associated with the review of a project, inspection and
38oversight of projects, and permits necessary to conduct timber
39operations of those departments and boards.

P65   1(d) For transfer to the department’s Forest Improvement
2begin delete Program, upon appropriation by the Legislature,end deletebegin insert Programend insert for forest
3resources improvement grants and projects administered by the
4department pursuant to Chapter 1 (commencing with Section 4790)
5and Chapter 2 (commencing with Section 4799.06) of Partbegin delete 2.5 of
6Division 4.end delete
begin insert 2.5.end insert

7(e) To fund existing restoration grant programs, with priority
8given to the Fisheries Restoration Grant Program administered by
9the Department of Fish and Wildlife and grant programs
10administered by state conservancies.

11(f) (1) As a loan to the Department of Fish and Wildlife for
12activities to address environmental damage occurring on forest
13lands resulting from marijuana cultivation. Not more than five
14hundred thousand dollars ($500,000) may be loaned from the fund
15in a fiscal year pursuant to this paragraph. This paragraph shall
16become inoperative on July 1, 2017.

17(2) Any funds deposited into thebegin delete Timber Regulation and Forest
18Restoration Fundend delete
begin insert fundend insert pursuant to subdivision (d) or (f) of Section
1912025 or subdivision (b), (c), (e), or (f) of Section 12025.1 of the
20Fish and Game Code shall be credited toward loan repayment.

21(3) Moneys from the General Fund shall not be used to repay
22a loan authorized pursuant to this subdivision.

23(g) To thebegin delete department, upon appropriation by the Legislature,end delete
24begin insert departmentend insert for fuel treatment grants and projects pursuant to
25authorities under the Wildland Fire Protection and Resources
26Management Act of 1978 (Article 1 (commencing with Section
274461) of Chapterbegin delete 7 of Part 2 of Division 4).end deletebegin insert 7).end insert

28(h) To thebegin delete department, upon appropriation by the Legislature,end delete
29begin insert departmentend insert to provide grants to local agencies responsible for fire
30protection, qualified nonprofits, recognized tribes, local and state
31governments, and resources conservation districts, undertaken on
32a state responsibility area (SRA) or on wildlands not in an SRA
33that pose a threat to the SRA, to reduce the costs of wildland fire
34suppression, reduce greenhouse gas emissions, promote adaptation
35of forested landscapes to changing climate, improve forest health,
36and protect homes and communities.

begin insert

37
(i) To the Natural Resources Agency to provide a reasonable
38per diem for attendance at a meeting of the advisory body for the
39state’s forest practice program by a member of the body who is
40not an employee of a government agency.

end insert
P66   1begin insert

begin insertSEC. 34.end insert  

end insert

begin insertSection 4629.8 of the end insertbegin insertPublic Resources Codeend insertbegin insert is
2amended to read:end insert

3

4629.8.  

(a) Funds deposited in thebegin delete Timber Regulation and
4Forest Restoration Fundend delete
begin insert fundend insert shall be appropriated in accordance
5with the following priorities:

6(1) First priority shall be for funding associated with the
7administration and delivery of responsibilities identified in
8subdivisions (a) to (c), inclusive, of Section 4629.6.

9(2) Only after paragraph (1) is funded, the second priority shall
10be, if deposits are sufficient in future years to maintain the fund,
11by 2016, at a minimum reserve of four million dollars ($4,000,000),
12for use and appropriation by the Legislature in years during which
13revenues to the account are projected to fall short of the ongoing
14budget allocations for support of the activities identified in
15paragraph (1).

16(3) Only after paragraphs (1) and (2) are funded, the third
17priority shall be in support of activities designated in subdivisions
18begin delete (d), (e), and (f)end deletebegin insert (d) to (f), inclusive,end insert of Section 4629.6.

19(4) Only after paragraphsbegin delete (1), (2), and (3)end deletebegin insert (1) to (3), inclusive,end insert
20 are funded, the fourth priority shall be to support the activities
21designated in subdivisions (g)begin delete and (h)end deletebegin insert to (i), inclusive,end insert of Section
224629.6.

23(b) Funds shall not be used to pay for or reimburse any
24requirements, including mitigation of a project proponent or
25applicant, as a condition of any permit.

26begin insert

begin insertSEC. 35.end insert  

end insert

begin insertSection 21191 of the end insertbegin insertPublic Resources Codeend insertbegin insert is
27amended to read:end insert

28

21191.  

(a) The California Environmental License Plate Fund,
29which supersedes the California Environmental Protection Program
30Fund, is continued in existence in the State Treasury, and consists
31of the moneys deposited in the fund pursuant to any provision of
32law. The Legislature shall establish the amount of fees for
33environmental license plates, which shall be not less than
34forty-eight dollars ($48) for the issuance or thirty-eight dollars
35($38) for the renewal of an environmental license plate.

36(b) The Controller shall transfer from the California
37Environmental License Plate Fund to the Motor Vehicle Account
38in the State Transportation Fund the amount appropriated by the
39Legislature for the reimbursement of costs incurred by the
40Department of Motor Vehicles in performing its duties pursuant
P67   1to Sections 5004, 5004.5, and 5022 and Article 8.5 (commencing
2with Section 5100) of Chapter 1 of Division 3 of the Vehicle Code.
3The reimbursement from the California Environmental License
4Plate Fund shall only include those additional costs which are
5directly attributable to any additional duties or special handling
6necessary for the issuance, renewal, or retention of the
7environmental license plates.

8(c) The Controller shall transfer to the post fund of the Veterans’
9Home of California, established pursuant to Section 1047 of the
10Military and Veterans Code, all revenue derived from the issuance
11of prisoner of war special license plates pursuant to Section 5101.5
12of the Vehicle Code less the administrative costs of the Department
13of Motor Vehicles in that regard.

14(d) The Director of Motor Vehicles shall certify the amounts of
15the administrative costs of the Department of Motor Vehicles in
16subdivision (c) to the Controller.

17(e) The balance of the moneys in the California Environmental
18License Plate Fund shall be available for expenditure only for the
19exclusive trust purposes specified in Section 21190, upon
20appropriation by the Legislature. However, all moneys derived
21from the issuance of commemorative 1984 Olympic reflectorized
22license plates in the California Environmental License Plate Fund
23shall be used only for capital outlay purposes.

24(f) All proposed appropriations for the program shall be
25summarized in a section in the Governor’s Budget for each fiscal
26year and shall bear the caption “California Environmental
27Protection Program.” The section shall contain a separate
28description of each project for which an appropriation is made.
29All of these appropriations shall be made to the department
30performing the project and accounted for separately.

31(g) The budget the Governor presents to the Legislature pursuant
32to subdivision (a) of Section 12 of Article IV of the California
33Constitution shall include, as proposed appropriations for the
34California Environmental Protection Program, only projects and
35programs recommended for funding by the Secretary of the Natural
36Resources Agency pursuant to subdivision (a) of Section 21193.
37The Secretary of the Natural Resources Agency shall consult with
38the Secretary for Environmental Protection before making any
39recommendations to fund projects pursuant to subdivision (a) of
40Section 21190.

begin insert

P68   1
(h) This section shall remain in effect only until January 1, 2017,
2and as of that date is repealed, unless a later enacted statute, that
3is enacted before January 1, 2017, deletes or extends that date.

end insert
4begin insert

begin insertSEC. 36.end insert  

end insert

begin insertSection 21191 is added to the end insertbegin insertPublic Resources Codeend insertbegin insert,
5to read:end insert

begin insert
6

begin insert21191.end insert  

(a) The California Environmental License Plate Fund
7is hereby created in the State Treasury, and consists of the moneys
8deposited in the fund pursuant to any law. The annual fee for
9environmental license plates is forty-eight dollars ($48) for the
10issuance or forty-three dollars ($43) for the renewal of the plates.

11
(b) The Controller shall transfer from the California
12Environmental License Plate Fund to the Motor Vehicle Account
13in the State Transportation Fund the amount appropriated by the
14Legislature for the reimbursement of costs incurred by the
15Department of Motor Vehicles in performing its duties pursuant
16to Sections 5004, 5004.5, and 5022 and Article 8.5 (commencing
17with Section 5100) of Chapter 1 of Division 3 of the Vehicle Code.
18The reimbursement from the California Environmental License
19Plate Fund shall only include those additional costs that are
20directly attributable to any additional duties or special handling
21necessary for the issuance, renewal, or retention of the
22environmental license plates.

23
(c) The Controller shall transfer to the post fund of the Veterans’
24Home of California, established pursuant to Section 1047 of the
25Military and Veterans Code, all revenue derived from the issuance
26of prisoner of war special license plates pursuant to Section 5101.5
27of the Vehicle Code less the administrative costs of the Department
28of Motor Vehicles incurred in issuing and renewing those plates.

29
(d) The Director of Motor Vehicles shall certify the amounts of
30the administrative costs of the Department of Motor Vehicles in
31subdivision (c) to the Controller.

32
(e) The balance of the moneys in the California Environmental
33License Plate Fund shall be available for expenditure only for the
34exclusive trust purposes specified in Section 21190, upon
35appropriation by the Legislature. However, all moneys derived
36from the issuance of commemorative 1984 Olympic reflectorized
37license plates in the California Environmental License Plate Fund
38shall be used only for capital outlay purposes.

39
(f) All proposed appropriations for the California Environmental
40Protection Program shall be summarized in a section in the
P69   1Governor’s Budget for each fiscal year and shall bear the caption
2“California Environmental Protection Program.” The section
3shall contain a separate description of each project for which an
4appropriation is made. Each of these appropriations shall be made
5to the department performing the project and accounted for
6separately.

7
(g) The budget the Governor presents to the Legislature
8pursuant to subdivision (a) of Section 12 of Article IV of the
9California Constitution shall include, as proposed appropriations
10for the California Environmental Protection Program, only projects
11and programs recommended for funding by the Secretary of the
12Natural Resources Agency pursuant to subdivision (a) of Section
1321193. The Secretary of the Natural Resources Agency shall
14consult with the Secretary for Environmental Protection before
15making any recommendations to fund projects pursuant to
16subdivision (a) of Section 21190.

17
(h) This section shall become operative on January 1, 2017,
18shall become inoperative on July 1, 2017, and as of January 1,
192018, is repealed, unless a later enacted statute, that becomes
20operative on or before January 1, 2018, deletes or extends the
21dates on which it becomes inoperative and is repealed.

end insert
begin insert22

begin insertSEC. 36.5.end insert  

Section 21191 is added to the Public Resources
23Code
, to read:

24

begin insert21191.end insert  

(a) The California Environmental License Plate Fund
25is hereby created in the State Treasury, and consists of the moneys
26deposited in the fund pursuant to any law. The annual fee for
27environmental license plates is fifty-three dollars ($53) for the
28issuance or forty-three dollars ($43) for the renewal of the plates.

29
(b) The Controller shall transfer from the California
30Environmental License Plate Fund to the Motor Vehicle Account
31in the State Transportation Fund the amount appropriated by the
32Legislature for the reimbursement of costs incurred by the
33Department of Motor Vehicles in performing its duties pursuant
34to Sections 5004, 5004.5, and 5022 and Article 8.5 (commencing
35with Section 5100) of Chapter 1 of Division 3 of the Vehicle Code.
36The reimbursement from the California Environmental License
37Plate Fund shall only include those additional costs that are
38directly attributable to any additional duties or special handling
39necessary for the issuance, renewal, or retention of the
40environmental license plates.

P70   1
(c) The Controller shall transfer to the post fund of the Veterans’
2Home of California, established pursuant to Section 1047 of the
3Military and Veterans Code, all revenue derived from the issuance
4of prisoner of war special license plates pursuant to Section 5101.5
5of the Vehicle Code less the administrative costs of the Department
6of Motor Vehicles incurred in issuing and renewing those plates.

7
(d) The Director of Motor Vehicles shall certify the amounts of
8the administrative costs of the Department of Motor Vehicles in
9subdivision (c) to the Controller.

10
(e) The balance of the moneys in the California Environmental
11License Plate Fund shall be available for expenditure only for the
12exclusive trust purposes specified in Section 21190, upon
13appropriation by the Legislature. However, all moneys derived
14from the issuance of commemorative 1984 Olympic reflectorized
15license plates in the California Environmental License Plate Fund
16shall be used only for capital outlay purposes.

17
(f) All proposed appropriations for the California Environmental
18Protection Program shall be summarized in a section in the
19Governor’s Budget for each fiscal year and shall bear the caption
20“California Environmental Protection Program.” The section
21shall contain a separate description of each project for which an
22appropriation is made. Each of these appropriations shall be made
23to the department performing the project and accounted for
24separately.

25
(g) The budget the Governor presents to the Legislature
26pursuant to subdivision (a) of Section 12 of Article IV of the
27California Constitution shall include, as proposed appropriations
28for the California Environmental Protection Program, only projects
29and programs recommended for funding by the Secretary of the
30Natural Resources Agency pursuant to subdivision (a) of Section
3121193. The Secretary of the Natural Resources Agency shall
32consult with the Secretary for Environmental Protection before
33making any recommendations to fund projects pursuant to
34subdivision (a) of Section 21190.

35
(h) This section shall become operative on July 1, 2017.

end insert
36begin insert

begin insertSEC. 37.end insert  

end insert

begin insertThe heading of Chapter 6.5 (commencing with Section
3725550) of Division 15 of the end insert
begin insertPublic Resources Codeend insertbegin insert is repealed.end insert

begin delete

38 

39Chapter  6.5. Expedited Siting of Electrical Generation
40

 

end delete
P71   1begin insert

begin insertSEC. 38.end insert  

end insert

begin insertChapter 6.5 (commencing with Section 25550) is
2added to Division 15 of the end insert
begin insertPublic Resources Codeend insertbegin insert, to read:end insert

begin insert

3 

4Chapter  begin insert6.5.end insert Natural Gas Rating and Tracking
5

 

6Article begin insert1.end insert  Definitions
7

 

8

begin insert25550.end insert  

For purposes of this chapter, the following definitions
9apply:

10
(a) “Buyer of natural gas” means a gas corporation, local
11publicly owned gas utility, noncore gas customer, or core transport
12agent.

13
(b) “Core transport agent” has the same meaning as set forth
14in subdivision (b) of Section 980 of the Public Utilities Code.

15
(c) “Division” means the Division of Oil, Gas, and Geothermal
16Resources.

17
(d) “Gas corporation” has the same meaning as set forth in
18Section 222 of the Public Utilities Code.

19
(e) “Natural gas infrastructure” means a natural gas facility
20used for the production, gathering and boosting, processing,
21transmission, storage, or distribution necessary for the delivery
22of natural gas to end-use customers in California.

23
(f) “Noncore gas customer” means an entity that procures
24directly from natural gas producers or natural gas marketers and
25is not a gas corporation or local publicly owned gas utility.

26
(g) “Procure” means to acquire through ownership or contract.

27
(h) “Tracking” means using a system that communicates the
28pathway of a given volume of natural gas from its initial production
29to its delivery to end-use customers in this state.

30 

31Article begin insert2.end insert  Natural Gas Tracking System
32

 

33

begin insert25555.end insert  

(a) Not later than September 15, 2017, the commission
34shall report to the respective budget committees of each house of
35the Legislature on the resources needed to develop a plan for
36tracking natural gas, and a recommendation for developing the
37plan, considering cost-effectiveness and efficacy. This report shall
38include the resources needed to do all of the following:

39
(1) Collect data from natural gas participants to support the
40work described in subdivision (c). The commission shall consult
P72   1with the State Air Resources Board to determine the most
2appropriate data to collect.

3
(2) Consider participation in, or formation of, interstate and
4federal working groups, compacts, or agreements.

5
(3) Establish methods to ensure natural gas tracking data
6reporting compliance by buyers of natural gas, and natural gas
7producers, marketers, storers, and transporters.

8
(4) Provide data collected pursuant to paragraph (1) to the
9State Air Resources Board to support the implementation of Section
1039731 of the Health and Safety Code.

11
(b) In the consideration of the report pursuant to subdivision
12(a), the commission consult with, and receive information from,
13stakeholders, including, but not limited to, the Public Utilities
14Commission, the United States Environmental Protection Agency,
15the United States Department of Energy, the State Air Resources
16Board, the division, the Federal Energy Regulatory Commission,
17the United States Department of Transportation Office of Pipeline
18Safety, appropriate agencies in states where gas consumed in
19California is produced, gathered and boosted, processed,
20transmitted, stored, or distributed, representatives of the oil and
21gas industry, and independent experts from academia and
22nongovernmental organizations.

23
(c) The State Air Resources Board, in consultation with the
24commission, shall develop a model of fugitive and vented emissions
25of methane from natural gas infrastructure. The model shall do
26all of the following:

27
(1) Quantify emissions from specific natural gas infrastructure.

28
(2) Incorporate the current condition and current management
29practices of specific natural gas infrastructure.

30
(3) Incorporate natural gas industry best management practices
31established by the Public Utilities Commission pursuant to section
32975 of the Public Utilities Code for gas corporations, by the United
33States Environmental Protection Agency, by the division, and by
34other relevant entities.

end insert
35begin insert

begin insertSEC. 39.end insert  

end insert

begin insertSection 43053 of the end insertbegin insertRevenue and Taxation Codeend insertbegin insert is
36amended to read:end insert

37

43053.  

The fees imposed pursuant to Sections 25205.2,
3825205.5,begin delete 25205.7,end delete and 25205.14 of the Health and Safety Code
39shall be administered and collected by the board in accordance
40with this part.

P73   1begin insert

begin insertSEC. 40.end insert  

end insert

begin insertSection 43152.10 of the end insertbegin insertRevenue and Taxation Codeend insert
2
begin insert is amended to read:end insert

3

43152.10.  

The feesbegin delete imposed pursuant to Sections 25205.7,
425205.8, 25205.14, 25221, and 25343 of the Health and Safety
5Code, which areend delete
collected and administered under Sections 43053
6andbegin delete 43054,end deletebegin insert 43054end insert are due and payable within 30 days after the
7date of assessment and the feepayer shall deliver a remittance of
8the amount of the assessed fee to the office of the board within
9that 30-daybegin delete period, except as provided in subdivision (e) of Section
1025205.14 of the Health and Safety Code.end delete
begin insert period.end insert

11begin insert

begin insertSEC. 41.end insert  

end insert

begin insertSection 5106 of the end insertbegin insertVehicle Codeend insertbegin insert is amended to read:end insert

12

5106.  

(a) In addition to the regular registration fee or a
13permanent trailer identification fee, the applicant shall be charged
14a fee of forty-eight dollars ($48) for issuance of environmental
15license plates.

16(b) In addition to the regular renewal fee or a permanent trailer
17identification fee for the vehicle to which the plates are assigned,
18the applicant for a renewal of environmental license plates shall
19be charged an additional fee of thirty-eight dollars ($38). An
20applicant with a permanent trailer identification plate shall be
21charged an annual fee of thirty-eight dollars ($38) for renewal of
22environmental license plates. However, applicants for renewal of
23prisoner-of-war special license plates issued under Section 5101.5
24shall not be charged the additional renewal fee under this
25subdivision.

26(c) When payment of renewal fees is not required as specified
27in Section 4000, the holder of any environmental license plate may
28retain the plate upon payment of an annual fee of thirty-eight
29dollars ($38). The fee shall be due at the expiration of the
30registration year of the vehicle to which the environmental license
31plate was last assigned. However, applicants for retention of
32prisoner-of-war special license plates issued under Section 5101.5
33shall not be charged the additional retention fee under this
34subdivision.

35(d) Notwithstanding Section 9265, the applicant for a duplicate
36environmental license plate shall be charged a fee of thirty-eight
37dollars ($38).

begin insert

38
(e) This section shall remain in effect only until January 1, 2017,
39and as of that date is repealed, unless a later enacted statute, that
40is enacted before January 1, 2017, deletes or extends that date.

end insert
P74   1begin insert

begin insertSEC. 42.end insert  

end insert

begin insertSection 5106 is added to the end insertbegin insertVehicle Codeend insertbegin insert, to read:end insert

begin insert
2

begin insert5106.end insert  

(a) In addition to the regular registration fee or a
3permanent trailer identification fee, the applicant shall be charged
4a fee of forty-eight dollars ($48) for issuance of environmental
5license plates.

6
(b) In addition to the regular renewal fee or a permanent trailer
7identification fee for the vehicle to which the plates are assigned,
8the applicant for a renewal of environmental license plates shall
9be charged an additional fee of forty-three dollars ($43). An
10applicant with a permanent trailer identification plate shall be
11charged an annual fee of forty-three dollars ($43) for renewal of
12environmental license plates. However, applicants for renewal of
13prisoner-of-war special license plates issued under Section 5101.5
14shall not be charged the additional renewal fee under this
15subdivision.

16
(c) When payment of renewal fees is not required as specified
17in Section 4000, the holder of any environmental license plate may
18retain the plate upon payment of an annual fee of forty-three
19dollars ($43). The fee shall be due at the expiration of the
20registration year of the vehicle to which the environmental license
21plate was last assigned. However, applicants for retention of
22prisoner-of-war special license plates issued under Section 5101.5
23shall not be charged the additional retention fee under this
24subdivision.

25
(d) Notwithstanding Section 9265, the applicant for a duplicate
26environmental license plate shall be charged a fee of forty-three
27dollars ($43).

28
(e) This section shall become operative on January 1, 2017,
29shall become inoperative on July 1, 2017, and as of January 1,
302018, is repealed, unless a later enacted statute, that becomes
31operative on or before January 1, 2018, deletes or extends the
32dates on which it becomes inoperative and is repealed.

end insert
begin insert33

begin insertSEC. 42.5.end insert  

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

34

begin insert5106.end insert  

(a) In addition to the regular registration fee or a
35permanent trailer identification fee, the applicant shall be charged
36a fee of fifty-three dollars ($53) for issuance of environmental
37license plates.

38
(b) In addition to the regular renewal fee or a permanent trailer
39identification fee for the vehicle to which the plates are assigned,
40the applicant for a renewal of environmental license plates shall
P75   1be charged an additional fee of forty-three dollars ($43). An
2applicant with a permanent trailer identification plate shall be
3charged an annual fee of forty-three dollars ($43) for renewal of
4environmental license plates. However, applicants for renewal of
5prisoner-of-war special license plates issued under Section 5101.5
6shall not be charged the additional renewal fee under this
7subdivision.

8
(c) When payment of renewal fees is not required as specified
9in Section 4000, the holder of any environmental license plate may
10retain the plate upon payment of an annual fee of forty-three
11dollars ($43). The fee shall be due at the expiration of the
12registration year of the vehicle to which the environmental license
13plate was last assigned. However, applicants for retention of
14prisoner-of-war special license plates issued under Section 5101.5
15shall not be charged the additional retention fee under this
16subdivision.

17
(d) Notwithstanding Section 9265, the applicant for a duplicate
18environmental license plate shall be charged a fee of forty-three
19dollars ($43).

20
(e) This section shall become operative on July 1, 2017.

end insert
21begin insert

begin insertSEC. 43.end insert  

end insert

begin insertSection 5108 of the end insertbegin insertVehicle Codeend insertbegin insert is amended to read:end insert

22

5108.  

begin insert(a)end insertbegin insertend insert Whenever any person who has been issued
23environmental license plates applies to the department for transfer
24of the plates to another passenger vehicle, commercial motor
25vehicle, trailer, or semitrailer, a transfer fee of thirty-eight dollars
26($38) shall be charged in addition to all other appropriate fees.

begin insert

27
(b) This section shall remain in effect only until January 1, 2017,
28and as of that date is repealed, unless a later enacted statute, that
29is enacted before January 1, 2017, deletes or extends that date.

end insert
30begin insert

begin insertSEC. 44.end insert  

end insert

begin insertSection 5108 is added to the end insertbegin insertVehicle Codeend insertbegin insert, to read:end insert

begin insert
31

begin insert5108.end insert  

(a) Whenever any person who has been issued
32environmental license plates applies to the department for transfer
33of the plates to another passenger vehicle, commercial motor
34vehicle, trailer, or semitrailer, a transfer fee of forty-three dollars
35($43) shall be charged in addition to all other appropriate fees.

36
(b) This section shall become operative on January 1, 2017.

end insert
37begin insert

begin insertSEC. 45.end insert  

end insert

begin insertSection 1430 of the end insertbegin insertWater Codeend insertbegin insert is amended to read:end insert

38

1430.  

A temporary permit issued under this chapter shall not
39result in the creation of a vested right, even of a temporary nature,
40but shall be subject at all times to modification or revocation in
P76   1the discretion of the board. The authorization to divert and use
2water under a temporary permit shall automatically expire 180
3days after the authorization takes effect, unless an earlier date is
4specified or the temporary permit is revoked. The 180-day period
5does not include any time required for monitoring, reporting, or
6mitigation before or after the authorization to divert or use water
7under the temporary permit.begin insert If the temporary permit authorizes
8diversion to storage, the 180-day period is a limitation on the
9authorization to divert and not a limitation on the authorization
10for beneficial use of water diverted to storage.end insert

11begin insert

begin insertSEC. 46.end insert  

end insert

begin insertSection 1440 of the end insertbegin insertWater Codeend insertbegin insert is amended to read:end insert

12

1440.  

A temporary change order issued under this chapter shall
13not result in the creation of a vested right, even of a temporary
14nature, but shall be subject at all times to modification or revocation
15in the discretion of the board. The authorization to divert and use
16water under a temporary change order shall automatically expire
17180 days after the authorization takes effect, unless an earlier date
18is specified or the temporary change order is revoked. The 180-day
19period does not include any time required for monitoring, reporting,
20or mitigation before or after the authorization to divert or use water
21under the temporary change order.begin insert If the temporary change order
22authorizes diversion to storage, the 180-day period is a limitation
23on the authorization to divert and not a limitation on the
24authorization for beneficial use of water diverted to storage.end insert

25begin insert

begin insertSEC. 47.end insert  

end insert

begin insertSection 13205 of the end insertbegin insertWater Codeend insertbegin insert is amended to read:end insert

26

13205.  

Each member of a regional board shall receivebegin delete oneend deletebegin insert twoend insert
27 hundredbegin insert fiftyend insert dollarsbegin delete ($100)end deletebegin insert ($250)end insert for each day during which that
28member is engaged in the performance of officialbegin delete duties, except
29that no member shall be entitled to receive the one hundred dollars
30($100) compensation if the member otherwise receives
31compensation from other sourcesend delete
begin delete for performing those duties.end delete
32begin insert duties. The performance of official duties includes, but is not
33limited to, reviewing agenda materials for no end insert
begin insertmore than one day
34in preparation for each regional board meeting.end insert
The total
35compensation received by members ofbegin delete eachend deletebegin insert all of theend insert regional
36begin delete boardend deletebegin insert boardsend insert shall not exceed, in any one fiscal year, the sum of
37begin delete thirteenend deletebegin insert three hundred seventy-eightend insert thousandbegin delete fiveend deletebegin insert twoend insert hundred
38begin insert fiftyend insert dollarsbegin delete ($13,500).end deletebegin insert ($378,250).end insert A member may decline
39compensation. In addition to the compensation, each member shall
P77   1be reimbursed for necessary traveling and other expenses incurred
2in the performance of official duties.

3begin insert

begin insertSEC. 48.end insert  

end insert

begin insertSection 79717 is added to the end insertbegin insertWater Codeend insertbegin insert, to read:end insert

begin insert
4

begin insert79717.end insert  

(a) On or before January 10, 2017, and annually on
5or before each January 10 thereafter, the Natural Resources
6Agency shall submit to the relevant fiscal and policy committees
7of the Legislature and to the Legislative Analyst’s Office a report
8that contains all of the following information relating to this
9division for the previous fiscal year with the information
10summarized by section of this division:

11
(1) Funding appropriations and encumbrances.

12
(2) Summary of new projects funded.

13
(3) Summary of projects completed.

14
(4) Discussion of progress towards meeting the metrics of
15success established pursuant to Section 79716.

16
(5) Discussion of common challenges experienced by state
17agencies and recipients of funding in executing projects.

18
(6) Discussion of major accomplishments and successes
19experienced by state agencies and recipients of funding in
20executing projects.

21
(b) This section shall remain in effect only until January 1, 2022,
22and as of that date is repealed, unless a later enacted statute, that
23is enacted before January 1, 2022, deletes or extends that date.

end insert
24begin insert

begin insertSEC. 49.end insert  

end insert

begin insertSection 258 of the end insertbegin insertWelfare and Institutions Codeend insertbegin insert is
25amended to read:end insert

26

258.  

(a) Upon a hearing conducted in accordance with Section
27257, and upon either an admission by the minor of the commission
28of a violation charged, or a finding that the minor did in fact
29commit the violation, the judge, referee, or juvenile hearing officer
30may do any of the following:

31(1) Reprimand the minor and take no further action.

32(2) Direct that the probation officer undertake a program of
33supervision of the minor for a period not to exceed six months, in
34addition to or in place of the following orders.

35(3) Order that the minor pay a fine up to the amount that an
36adult would pay for the same violation, unless the violation is
37 otherwise specified within this section, in which case the fine shall
38not exceed two hundred fifty dollars ($250). This fine may be
39levied in addition to or in place of the following orders and the
40court may waive any or all of this fine, if the minor is unable to
P78   1pay. In determining the minor’s ability to pay, the court shall not
2consider the ability of the minor’s family to pay.

3(4) Subject to the minor’s right to a restitution hearing, order
4that the minor pay restitution to the victim, in lieu of all or a portion
5of the fine specified in paragraph (3). The total dollar amount of
6the fine, restitution, and any program fees ordered pursuant to
7paragraph (9) shall not exceed the maximum amount which may
8be ordered pursuant to paragraph (3). This paragraph shall not be
9construed to limit the right to recover damages, less any amount
10actually paid in restitution, in a civil action.

11(5) Order that the driving privileges of the minor be suspended
12or restricted as provided in the Vehicle Code or, notwithstanding
13Section 13203 of the Vehicle Code or any other provision of law,
14when the Vehicle Code does not provide for the suspension or
15restriction of driving privileges, that, in addition to any other order,
16the driving privileges of the minor be suspended or restricted for
17a period of not to exceed 30 days.

18(6) In the case of a traffic related offense, order the minor to
19attend a licensed traffic school, or other court approved program
20of traffic school instruction pursuant to Chapter 1.5 (commencing
21with Section 11200) of Division 5 of the Vehicle Code, to be
22completed by the juvenile within 60 days of the court order.

23(7) Order that the minor produce satisfactory evidence that the
24vehicle or its equipment has been made to conform with the
25 requirements of the Vehicle Code pursuant to Section 40150 of
26the Vehicle Code if the violation involved an equipment violation.

27(8) Order that the minor perform community service work in a
28public entity or any private nonprofit entity, for not more than 50
29hours over a period of 60 days, during times other than his or her
30hours of school attendance or employment. Work performed
31pursuant to this paragraph shall not exceed 30 hours during any
3230-day period. The timeframes established by this paragraph shall
33not be modified except in unusual cases where the interests of
34justice would best be served. When the order to work is made by
35a referee or a juvenile hearing officer, it shall be approved by a
36judge of the juvenile court.

37For purposes of this paragraph, a judge, referee, or juvenile
38hearing officer shall not, without the consent of the minor, order
39the minor to perform work with a private nonprofit entity that is
40affiliated with any religion.

P79   1(9) In the case of a misdemeanor, order that the minor participate
2in and complete a counseling or educational program, or, if the
3offense involved a violation of a controlled substance law, a drug
4treatment program, if those programs are available. Fees for
5participation shall be subject to the right to a hearing as the minor’s
6ability to pay and shall not, together with any fine or restitution
7order, exceed the maximum amount that may be ordered pursuant
8to paragraph (3).

9(10) Require that the minor attend a school program without
10unexcused absence.

11(11) If the offense is a misdemeanor committed between 10
12p.m. and 6 a.m., require that the minor be at his or her legal
13residence at hours to be specified by the juvenile hearing officer
14between the hours of 10 p.m. and 6 a.m., except for a medical or
15other emergency, unless the minor is accompanied by his or her
16parent, guardian, or other person in charge of the minor. The
17maximum length of an order made pursuant to this paragraph shall
18be six months from the effective date of the order.

19(12) Make any or all of the following orders with respect to a
20violation of the Fish and Game Code which is not charged as a
21felony:

22(A) That the fishing or hunting license involved be suspended
23or restricted.

24(B) That the minor work in a park or conservation area for a
25total of not to exceed 20 hours over a period not to exceed 30 days,
26during times other than his or her hours of school attendance or
27employment.

28(C) That the minor forfeit, pursuant to Section 12157 of the Fish
29and Game Code, any device or apparatus designed to be, and
30capable of being, used to take birds, mammals, fish, reptiles, or
31amphibia and that was used in committing the violation charged.
32The judge, referee, or juvenile hearing officer shall, if the minor
33committed an offense that is punishable under Section 12008begin insert or
3412008.1end insert
of the Fish and Game Code, order the device or apparatus
35forfeited pursuant to Section 12157 of the Fish and Game Code.

36(13) If the violation charged is of an ordinance of a city, county,
37or local agency relating to loitering, curfew, or fare evasion on a
38public transportation system, as defined by Section 99211 of the
39Public Utilities Code, or is a violation of Section 640 or 640a of
40the Penal Code, make the order that the minor shall perform
P80   1community service for a total time not to exceed 20 hours over a
2period not to exceed 30 days, during times other than his or her
3hours of school attendance or employment.

4(b) If the minor is before the court on the basis of truancy, as
5described in subdivision (b) of Section 601, all of the following
6procedures and limitations shall apply:

7(1) The judge, referee, or juvenile hearing officer shall not
8proceed with a hearing unless both of the following have been
9provided to the court:

10(A) Evidence that the minor’s school has undertaken the actions
11specified in subdivisions (a), (b), and (c) of Section 48264.5 of the
12Education Code. If the school district does not have an attendance
13review board, as described in Section 48321 of the Education Code,
14the minor’s school is not required to provide evidence to the court
15of any actions the school has undertaken that demonstrate the
16intervention of a school attendance review board.

17(B) The available record of previous attempts to address the
18minor’s truancy.

19(2) The court is encouraged to set the hearing outside of school
20hours, so as to avoid causing the minor to miss additional school
21time.

22(3) Pursuant to paragraph (1) of subdivision (a) of Section 257,
23the minor and his or her parents shall be advised of the minor’s
24right to refuse consent to a hearing conducted upon a written notice
25to appear.

26(4) The minor’s parents shall be permitted to participate in the
27hearing.

28(5) The judge, referee, or juvenile hearing officer may continue
29the hearing to allow the minor the opportunity to demonstrate
30improved attendance before imposing any of the orders specified
31in paragraph (6). Upon demonstration of improved attendance, the
32court may dismiss the case.

33(6) Upon a finding that the minor violated subdivision (b) of
34Section 601, the judge, referee, or juvenile hearing officer shall
35direct his or her orders at improving the minor’s school attendance.
36The judge, referee, or juvenile hearing officer may do any of the
37following:

38(A) Order the minor to perform community service work, as
39described in Section 48264.5 of the Education Code, which may
40be performed at the minor’s school.

P81   1(B) Order the payment of a fine by the minor of not more than
2fifty dollars ($50), for which a parent or legal guardian of the minor
3may be jointly liable. The fine described in this subparagraph shall
4not be subject to Section 1464 of the Penal Code or additional
5penalty pursuant to any other law. The minor, at his or her
6discretion, may perform community service, as described in
7subparagraph (A), in lieu of any fine imposed under this
8subparagraph.

9(C) Order a combination of community service work described
10in subparagraph (A) and payment of a portion of the fine described
11in subparagraph (B).

12(D) Restrict driving privileges in the manner set forth in
13paragraph (5) of subdivision (a). The minor may request removal
14of the driving restrictions if he or she provides proof of school
15attendance, high school graduation, GED completion, or enrollment
16in adult education, a community college, or a trade program. Any
17driving restriction shall be removed at the time the minor attains
1818 years of age.

19(c) (1) The judge, referee, or juvenile hearing officer shall retain
20 jurisdiction of the case until all orders made under this section
21have been fully complied with.

22(2) If a minor is before the judge, referee, or juvenile hearing
23officer on the basis of truancy, jurisdiction shall be terminated
24upon the minor attaining 18 years of age.

25begin insert

begin insertSEC. 50.end insert  

end insert
begin insert

Section 11 of Chapter 2 of the Statutes of 2009,
26Seventh Extraordinary Session, is amended to read:

end insert
27

SEC. 11.  

begin deleteCommencing end deletebegin insert(a)end insertbegin insertend insertbegin insert(1)end insertbegin insertend insertbegin insertExcept as provided in
28paragraph (2), commencing end insert
with the 2010-11 fiscal year, and
29notwithstanding Section 13340 of the Government Code, three
30million seven hundred fifty thousand dollars ($3,750,000) is hereby
31continuously appropriated, without regard to fiscal years, on an
32annual basis, only from the fee revenue in the Water Rights Fund
33to the State Water Resources Control Board for the purposes of
34funding 25.0 permanent water right enforcement positions, as
35provided in Schedule (2) of Item 3940-001-0439 of Section 2.00
36of the Budget Act of 2009, as amended bybegin insert Chapter 2 of the Seventh
37Extraordinary Session of the Statutes of 2009.end insert

begin insert

38
(2) This subdivision makes appropriations, on an annual basis,
39only for the fiscal years commencing with the 2010-11 fiscal year
40and through the 2015-16 fiscal year. Annual appropriations made
P82   1under this subdivision are available for encumbrance only until
2June 30, 2016, and appropriations encumbered under this
3subdivision are available for expenditure only until June 30, 2018.

end insert
begin insert

4
(b) Commencing with the 2016-17 fiscal year, and
5notwithstanding Section 13340 of the Government Code, three
6million seven hundred fifty thousand dollars ($3,750,000) is hereby
7appropriated, on an annual basis, only from the fee revenues in
8the Water Rights Fund to the State Water Resources Control Board
9for the purposes of funding the 25.0 permanent water right
10enforcement positions described in subdivision (a). Each annual
11appropriation shall be available for encumbrance only during the
12fiscal year of the appropriation and available for liquidation only
13during the fiscal year of that annual appropriation and the two
14fiscal years immediately following that fiscal year.

end insert
15begin insert

begin insertSEC. 51.end insert  

end insert
begin insert

(a) On or before January 1, 2020, the Natural
16Resources Agency shall submit to the relevant fiscal and policy
17committees of the Legislature and to the Legislative Analyst’s
18Office a report summarizing lessons learned from the state’s
19response to the drought. The report shall compile information
20from the various state entities responsible for drought response
21activities, including, but not limited to, the State Water Resources
22Control Board, the Department of Water Resources, the
23Department of Fish and Wildlife, the Department of Forestry and
24Fire Protection, and the Office of Emergency Services.

end insert
begin insert

25
(b) The report shall discuss the state’s drought response efforts
26for at least all of the following categories:

end insert
begin insert

27
(1) Drinking water.

end insert
begin insert

28
(2) Water rights.

end insert
begin insert

29
(3) Water supply, including groundwater and operations of the
30State Water Project and the federal Central Valley Project.

end insert
begin insert

31
(4) Water quality.

end insert
begin insert

32
(5) Fish and wildlife.

end insert
begin insert

33
(6) Water conservation.

end insert
begin insert

34
(7) Fire protection.

end insert
begin insert

35
(8) Emergency human assistance.

end insert
begin insert

36
(c) The report shall include a discussion of, and data related
37to, all of the following for each of the categories included in the
38report pursuant to subdivision (b):

end insert
begin insert

39
(1) Major drought response activities undertaken.

end insert
begin insert

40
(2) Major challenges encountered.

end insert
begin insert

P83   1
(3) Efforts in which the state achieved notable successes.

end insert
begin insert

2
(4) Efforts in which the state needs to make improvements.

end insert
begin insert

3
(5) Recommendations for improving the state’s response in the
4future, including potential changes to state policy and additional
5data the state should collect.

end insert
6begin insert

begin insertSEC. 52.end insert  

end insert
begin insert

The sum of two hundred thirty thousand dollars
7($230,000) is hereby appropriated from the Timber Regulation
8and Forest Restoration Fund to the Secretary of the Natural
9Resources Agency to provide public process and scientific expertise
10and per diem payments to nongovernmental participants of Timber
11Regulation and Forest Restoration Program working groups.

end insert
12begin insert

begin insertSEC. 53.end insert  

end insert
begin insert

Section 1.5 of this bill incorporates amendments to
13Section 1602 of the Fish and Game Code proposed by this bill,
14Assembly Bill 1609, and Senate Bill 837. It shall only become
15operative if (1) both this bill and Assembly Bill 1609 or Senate
16Bill 837 are enacted and become effective on or before January
171, 2017, (2) each bill amends Section 1602 of the Fish and Game
18Code, and (3) this bill is enacted after Assembly Bill 1609 or Senate
19Bill 837, in which case Section 1 of this bill shall not become
20operative.

end insert
21begin insert

begin insertSEC. 54.end insert  

end insert
begin insert

No reimbursement is required by this act pursuant
22to Section 6 of Article XIII B of the California Constitution because
23the only costs that may be incurred by a local agency or school
24district will be incurred because this act creates a new crime or
25infraction, eliminates a crime or infraction, or changes the penalty
26for a crime or infraction, within the meaning of Section 17556 of
27the Government Code, or changes the definition of a crime within
28the meaning of Section 6 of Article XIII B of the California
29Constitution.

end insert
30begin insert

begin insertSEC. 55.end insert  

end insert
begin insert

This act is a bill providing for appropriations related
31to the Budget Bill within the meaning of subdivision (e) of Section
3212 of Article IV of the California Constitution, has been identified
33as related to the budget in the Budget Bill, and shall take effect
34immediately.

end insert
begin delete
35

SECTION 1.  

It is the intent of the Legislature to enact statutory
36changes, relating to the Budget Act of 2016.

end delete


O

    97