SB 859,
as amended, Committee on Budget and Fiscal Review. begin deletePublic resources. end deletebegin insertPublic resources: greenhouse emissions and biomass.end insert
(1) The California Global Warming Solutions Act of 2006 designates the State Air Resources Board as the state agency charged with monitoring and regulating sources of emissions of greenhouse gases. The act authorizes the state board to include the use of market-based compliance mechanisms. Existing law requires all moneys, except for fines and penalties, collected by the state board as part of a market-based compliance mechanism to be deposited in the Greenhouse Gas Reduction Fund and to be available upon appropriation. Existing law requires all moneys, except for fines and penalties, collected by the state board as part of a market-based compliance mechanism to be deposited in the Greenhouse Gas Reduction Fund and to be available upon appropriation. Existing law requires the Department of Finance, in consultation with the state board and any other relevant state agency, to develop, as specified, a 3-year investment plan for the moneys deposited in the Greenhouse Gas Reduction Fund. Existing law requires moneys from the fund to be allocated for the purpose of reducing greenhouse gas emissions in this state and satisfying other purposes, where applicable and to the extent feasible, and authorizes specified investments if the investment furthers the regulatory purposes of the act and is consistent with law.
end insertbegin insertExisting law, the Cannella Environmental Farming Act of 1995, requires the Department of Food and Agriculture to establish and oversee an environmental farming program to provide incentives to farmers whose practices promote the well-being of ecosystems, air quality, and wildlife and their habitat. The act requires the Secretary of Food and Agriculture to convene a 5-member Scientific Advisory Panel on Environmental Farming, as prescribed, for the purpose of providing advice and assistance to federal, state, and local government agencies on issues relating to air, water, and wildlife habitat, as specified. Existing law authorizes the panel to establish ad hoc committees to assist the panel in performing its functions.
end insertbegin insertThis bill would increase the number of members on the panel from 5 to 9 members and would require that the secretary appoint 5 instead of 3 of these members, the Secretary for Environmental Protection appoint 2 instead of one of these members, and the Secretary of the Natural Resources Agency appoint 2 instead of one of these members, as prescribed. The bill would additionally allow the secretary to appoint, in consultation with the panel, ex officio nonvoting members to the panel. The bill would add representatives of nongovernmental entities to persons who may be on the ad hoc committees.
end insertbegin insertThis bill would require the State Air Resources Board to consult with the Secretary of Food and Agriculture and the panel in developing the quantification methods to demonstrate and quantify on-farm greenhouse gas emissions reductions.
end insertbegin insertThis bill would require the Department of Food and Agriculture, in consultation with the panel, to establish and oversee a Healthy Soils Program to seek to optimize climate benefits while supporting the economic viability of California agriculture by providing incentives, including loans, grants, research, and technical assistance, or educational materials and outreach, to farmers whose management practices contribute to healthy soils and result in net long-term on-farm greenhouse gas benefits. The bill would authorize the program to include funding of on-farm demonstration projects and, if the funding of those projects is included, would require the department to establish a technical advisory committee to review the project applications for scientific validity and the project’s potential to achieve greenhouse gas benefits. The bill would require the department to implement the program and quantify greenhouse gas emissions reductions in accordance with the quantification methods developed by the State Air Resources Board and specified funding guidelines.
end insertbegin insertThis bill would require the Department of Food and Agriculture, prior to awarding grant funds from moneys from the Greenhouse Gas Reduction Fund, to review the applicant analysis identifying potential adverse impacts of a proposed project. The bill would prohibit a project from receiving funding from the department unless the applicant has made certain demonstrations to the department. The bill would require the department to prioritize projects based on the criteria pollutant emission benefits achieved by the project.
end insertbegin insertExisting law requires the California Environmental Protection Agency to identify disadvantaged communities and requires the Department of Finance, in consultation with the State Air Resources Board and any other relevant state agency, to develop, as specified, a 3-year investment plan for the moneys deposited in the Greenhouse Gas Reduction Fund.
end insertbegin insertThis bill would additionally require moneys in the fund, where applicable and to the extent feasible, to be allocated to provide opportunities for Native American tribes in the state to participate in and benefit from statewide efforts to reduce greenhouse gas emissions. The bill also would additionally authorize moneys in the fund to be allocated to fund investments in programs implemented by Native American tribes in the state if the investments further the regulatory purposes of the act and are consistent with law.
end insertbegin insertThis bill would require the Secretary of the Natural Resources Agency to support the development of sustainable communities by managing and awarding financial assistance for the preparation and implementation of specified green infrastructure projects that reduce greenhouse gas emissions and provide multiple benefits, as defined, to specified entities. The bill would authorize moneys from the Greenhouse Gas Reduction Fund, upon appropriation, to be available for allocation by the Secretary of the Natural Resources Agency for the purposes of awarding the financial assistance. The bill would require the Secretary of the Natural Resources Agency to allocate at least 75% of the moneys to projects in disadvantaged communities, as specified. The bill would exempt the development and adoption of guidelines and selection criteria from the Administrative Procedure Act.
end insertbegin insertThis bill would require the State Air Resources Board, no later than January 1, 2017, in consultation with the Natural Resources Agency and the Department of Forestry and Fire Protection, to complete a standardized greenhouse gas emissions inventory, as specified, and, by January 1, 2018, to complete a standardized accounting framework that supports statewide greenhouse gas emissions reduction goals and investments of moneys from the Greenhouse Gas Reduction Fund, as specified.
end insertbegin insertThis bill would find and declare that a diversity of dairy methane management practices, including anaerobic digesters and nondigester dairy methane management strategies, can effectively reduce greenhouse gas emissions.
end insertbegin insert(2) Existing law establishes the Air Quality Improvement Program that is administered by the State Air Resources Board for the purposes of funding projects related to, among other things, the reduction of criteria air pollutants and improvement of air quality. Pursuant to its existing statutory authority, the state board has established the Clean Vehicle Rebate Project, as a part of the Air Quality Improvement Program, to promote the production and use of zero-emission vehicles by providing rebates for the purchase of new zero-emission vehicles.
end insertbegin insertThe Charge Ahead California Initiative requires the State Air Resources Board to adopt, no later than June 30, 2015, revisions to the criteria and other requirements for the Clean Vehicle Rebate Project to, among other things, limit eligibility based on income.
end insertbegin insertThis bill would, between November 1, 2016, and July 1, 2017, require the State Air Resources Board, for the purposes of the Clean Vehicle Rebate Project, to, among other things, offer rebates only to applicants who purchase an eligible vehicle and have a specified maximum gross annual income; increase rebate payments by $500 for low-income applicants, as defined; and prioritize rebate payments for low-income applicants.
end insertbegin insert(3) Existing law authorizes the Director of Forestry and Fire Protection to enter into agreements and make loans for various forest resource improvement projects to improve the timber productivity of forest lands in the state and to improve all forest resources and the total forest resource system.
end insertbegin insertThis bill would additionally authorize the Director of Forestry and Fire Protection to provide grants to, or enter into contracts or other cooperative agreements with, private or nongovernmental entities, Native American tribes, or local, state, and federal public agencies for the implementation and administration of projects and programs to improve forest health and reduce greenhouse gas emissions. The bill would require any such project or program funded with moneys from the Greenhouse Gas Reduction Fund to comply with all statutory and program requirements applicable to the use of moneys from that fund.
end insertbegin insertThis bill would require the Department of Forestry and Fire Protection to allocate funding to specified landscape-scale projects.
end insertbegin insert(4) Existing law establishes the CalRecycle Greenhouse Gas Reduction Revolving Loan Program, administered by the Department of Resources Recycling and Recovery (CalRecycle), to provide loans to reduce the emissions of greenhouse gases by promoting in-state development of infrastructure to process organic and other recyclable materials into new value-added products. Existing law requires CalRecycle to administer a grant program to provide financial assistance, in the form of grants, incentive payments, contracts, or other funding mechanisms, to reduce the emissions of greenhouse gases by promoting in-state development of infrastructure to process organics and other recyclable materials into new value-added products.
end insertbegin insertThis bill would revise the 2 programs described above to, among other things, expand the projects eligible for financial assistance under those programs to other projects to reduce organic waste.
end insertbegin insert(5) Existing law grants to various local entities the right, title, and interest of the state in and to certain tidelands and submerged lands in trust for public trust purposes. Existing law makes legislative declarations and findings regarding those granted public trust lands, the role of the state as both trustor and representative of the people of the state, who are the trust beneficiaries, and the fiduciary duties of the trustee, including the duty to take reasonable steps to enforce claims that are part of the trust property and to defend actions that may result in a loss to the trust.
end insertbegin insertThis bill would additionally find and declare that a trustee of public trust lands may bring any action related to its granted public trust lands, including an action to abate a public nuisance, as a representative of the trust beneficiaries.
end insertbegin insert(6) Under existing law, the Public Utilities Commission has regulatory authority over public utilities, including electrical corporations. Existing law requires every electrical corporation to file with the commission a standard tariff for electricity generated by an electric generation facility, as defined, that qualifies for the tariff, is owned and operated by a retail customer of the electrical corporation, and is located within the service territory of, and developed to sell electricity to, the electrical corporation. The commission refers to this requirement as the renewable feed-in tariff. Existing law requires that, in order to qualify for the tariff, the electric generation facility: (1) have an effective capacity of not more than 3 megawatts, subject to the authority of the commission to reduce this megawatt limitation, (2) be interconnected and operate in parallel with the electric transmission and distribution grid, (3) be strategically located and interconnected to the electrical transmission and distribution system in a manner that optimizes the deliverability of electricity generated at the facility to load centers, and (4) meet the definition of an eligible renewable energy resource under the California Renewables Portfolio Standard Program. Existing law requires an electrical corporation to make the tariff available to the owner or operator of an electric generation facility within the service territory of the electrical corporation, upon request, on a first-come-first-served basis, until the electrical corporation meets its proportionate share of a statewide cap of 750 megawatts cumulative rated generation capacity served under the renewable feed-in tariff and a renewable feed-in tariff that is applicable to a local publicly owned electric utility. In addition to the 750 megawatt limitation, the renewable feed-in tariff law requires the commission to direct the electrical corporations to collectively procure at least 250 megawatts of cumulative rated generating capacity from developers of bioenergy projects that commence operation on or after June 1, 2013. The commission is required to undertake specific steps to implement the bioenergy feed-in tariff requirement.
end insertbegin insertThis bill would additionally require the commission to direct retail sellers, as defined, to collectively procure, through financial commitments of 5 years, their proportionate share of 125 megawatts of cumulative rated generating capacity from instate bioenergy projects commencing operation prior to June 1, 2013, that each produces its generation using specified minimum percentages of certain types of forest feedstock. The bill would require local publicly owned electric utilities serving more than 100,000 customers to procure their proportionate shares of 125 megawatts of cumulative rated capacity from those kinds of bioenergy projects subject to terms of at least 5 years. Because this bill would impose additional duties on a local publicly owned electric utility, this bill would impose a state-mandated local program.
end insertbegin insertUnder existing law, a violation of the Public Utilities Act or any order, decision, rule, direction, demand, or requirement of the commission is a crime.
end insertbegin insertBecause the provisions of this bill would be a part of the act and because a violation of an order or decision of the commission implementing its requirements would be a crime, this bill would impose a state-mandated local program.
end insertbegin insert(7) Existing law establishes the Department of Forestry and Fire Protection in the Natural Resources Agency and requires the department to coordinate programs of fire protection, fire prevention, pest control, and forest and range maintenance and enhancement.
end insertbegin insertThis bill would require the Secretary of the Natural Resources Agency to establish a working group on expanding wood product markets that can utilize woody biomass, especially biomass removed from high hazard zones, as determined by the department.
end insertbegin insert(8) This bill would appropriate $1,400,000 from certain moneys deposited in the Waste Discharge Permit Fund to the State Water Resources Control Board to provide grants or contracts for the development of planning, environmental, and design documents in furtherance of projects for eliminating public health and safety risks from wastewater, and agricultural and other drainage of urbanized areas for tributaries to the Salton Sea.
end insertbegin insert(9) The bill would incorporate changes to Section 42999 of the Public Resources Code proposed by this bill and SB 970, which would become operative only if both bills are enacted and become effective on or before January 1, 2017, and this bill is chaptered last.
end insertbegin insert(10) 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 insertbegin insertThis bill would provide that no reimbursement is required by this act for specified reasons.
end insertbegin insert(11) This bill would declare that it is to take effect immediately as a bill providing for appropriations related to the Budget Bill.
end 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 deleteThis 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 deleteExisting 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 deleteThis 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 delete(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 deleteThis 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 deleteUnder 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 deleteThis bill would increase the punishment of a violation of the prohibition against taking an endangered, threatened, or candidate species to a fine of not less than $25,000 or more than $50,000, imprisonment in the county jail for not more than one year, or by both that fine and imprisonment. The bill would require 1⁄2 of any fine or forfeiture imposed for a violation of the take prohibition or any other law of the act to be deposited in the county treasury of the county in which the violation occurred and would require the other 1⁄2 to be deposited in the Endangered Species Permitting Account.
end delete(3) The California Seed Law regulates seed sold in California, and prohibits a city, county, or district from adopting or enforcing an ordinance that regulates plants, crops, or seeds without the consent of the Secretary of Food and Agriculture. The California Seed Law also requires the Department of Food and Agriculture to develop and maintain a list of invasive pests, as defined and which includes certain plants and seeds, that have a reasonable likelihood of entering California for which action by the state might be appropriate, as specified.
end deleteThis 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 delete(4) Existing law imposes a uniform oil spill response fee on specified persons, except specified independent crude oil producers, owning petroleum products and on pipeline operators transporting petroleum products into the state by means of a pipeline operating across, under, or through the marine waters of the state, during any period that the Oil Spill Response Trust Fund contains less than a designated amount. Existing law, until June 30, 2017, provides that if a loan or other transfer of money from the fund to the General Fund pursuant to the Budget Act reduces the balance of the fund to less than or equal to 95% of the designated amount, the administrator for oil spill response is not required to resume collection of the oil spill response fee if the annual Budget Act requires the transfer or loan to be repaid to the fund with interest calculated at a rate earned by the Pooled Money Investment Account and on or before June 30, 2017.
end deleteThis 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 delete(5) Existing law establishes the California Environmental Protection Agency under the supervision of the Secretary for Environmental Protection, and requires the agency, among other things, to identify disadvantaged communities for certain investment opportunities based on geographic, socioeconomic, public health, and environmental hazard criteria, as specified. Existing law requires the secretary’s deputy secretary for law enforcement and counsel to, in consultation with the Attorney General, establish a cross-media enforcement unit to assist boards, departments, offices, or other agencies that implement a law or regulation within the jurisdiction of the agency, as specified.
end deleteThis 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 delete(6) Existing law requires the Department of Toxic Substances Control to adopt, and revise as necessary, regulations establishing management standards for treated wood waste. Existing law makes these, and other requirements regarding treated wood waste, inoperative on December 31, 2020. Existing law requires the department, on or before January 1, 2018, to prepare, post on its Internet Web site, and provide to the appropriate policy committees of the Legislature, a comprehensive report with specified content on the compliance with, and implementation of, these laws relating to treated wood waste.
end deleteThis 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 deleteExisting 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 deleteThis 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 deleteExisting 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 deleteThis 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 deleteUnder 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 deleteThis bill would subject these applications for modification to the above-described reimbursement requirement.
end deleteExisting 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 deleteThis bill would provide that the fees, as revised above, shall instead be administered and collected by the department.
end deleteThis bill would make conforming changes and delete obsolete provisions pertaining to the state’s hazardous waste programs.
end deleteExisting 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 deleteThis 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 delete(7) 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 deleteThis 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 delete(8) 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 deleteThis 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 deleteExisting 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 deleteThis bill would extend the repeal date of these provisions to January 1, 2019.
end delete(9) 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 deleteThis bill would raise that limit to $38,907,000.
end deleteExisting 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 deleteThis 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 delete(10) 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 deleteThis bill would authorize the Department of Water Resources to use design-build procurement for projects at the Salton Sea.
end deleteExisting 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 deleteThis 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 delete(11) 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 deleteThis 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 delete(12) 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 deleteThis 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 delete(13) Existing law authorizes the issuance of environmental license plates, also referred to as personalized license plates, upon application of the registered owner or lessee of a vehicle. Existing law imposes a fee, in addition to the regular registration fee, of $48 for the issuance of, and $38 for the renewal, retention, transfer, or duplication of, the environmental license plates. Existing law requires that all revenue derived from these fees be deposited in the California Environmental License Plate Fund to be used, upon appropriation by the Legislature, for specified trust purposes.
end deleteThis 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 delete(14) Under existing law, the State Water Resources Control Board administers a water rights program pursuant to which the board grants permits and licenses to appropriate water. Existing law allows a person to apply for, and the board to issue, a temporary permit for diversion and use of water, subject to certain restrictions. Existing law allows a permittee or licensee who has an urgent need to change a point of diversion, place of use, or purpose of use to petition for, and the board to issue, a temporary change order, subject to certain restrictions. Existing law provides that the authorization for a temporary permit or a temporary change order automatically expires 180 days after the date the authorization takes effect and that the 180-day period does not include any time required for monitoring, reporting, or mitigation before or after the authorization to divert or use water under the temporary permit or temporary change order.
end deleteThis 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 deleteUnder 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 deleteThis 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 delete(15) Existing law, the Water Quality, Supply, and Infrastructure Improvement Act of 2014, approved by the voters as Proposition 1 at the November 4, 2014, statewide general election, authorizes the issuance of general obligation bonds in the amount of $7,545,000,000 to finance a water quality, supply, and infrastructure improvement program. The act requires each state agency that receives an appropriation from the funding made available by the act to administer a competitive grant or loan program under the act’s provisions to develop and adopt project solicitation and evaluation guidelines before disbursing the grants or loans. The act requires the Secretary of the Natural Resources Agency to publish and post on the Natural Resources Agency’s Internet Web site specified information in order to facilitate oversight of funding and projects. The act requires each state agency that receives an appropriation of funding made available by the act to be responsible for establishing metrics of success and reporting the status of projects and all uses of the funding on the state’s bond accountability Internet Web site. Existing law requires each state agency that receives an appropriation of funding made available by the act to evaluate the outcomes of projects, report this evaluation on the state’s bond accountability Internet Web site, and to hold a grantee of funds accountable for completing projects funded by the act on time and within scope.
end deleteThis 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 deleteExisting 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 deleteThis 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 delete(16) 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 deleteThis bill would limit that appropriation in a specific manner.
end delete(17) This bill would appropriate $230,000 from the Timber Regulation and Forest Restoration Fund to the Secretary of the Natural Resources Agency to provide public process and scientific expertise and per diem payments to nongovernmental participants of Timber Regulation and Forest Restoration Program working groups.
end delete(18) The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.
end deleteThis bill would provide that no reimbursement is required by this act for a specified reason.
end delete(19) This bill would declare that it is to take effect immediately as a bill providing for appropriations related to the Budget Bill.
end deleteVote: majority. Appropriation: yes. Fiscal committee: yes. State-mandated local program: yes.
The people of the State of California do enact as follows:
It is the intent of the Legislature to provide funding
2for various projects that decrease wildfire risk and reduce
3greenhouse gas emissions that are caused by wildfires in Tier 1
4High Hazard Zones identified by the Tree Mortality Task Force.
5However, it is not the intent of the Legislature that this act
6eliminate, alter, or otherwise interfere with any activities
7implemented by the Tree Mortality Task Force relating to forest
8improvement and health, including vegetation management
9activities.
begin insertSection 412 is added to the end insertbegin insertFood and Agricultural
11Codeend insertbegin insert, to read:end insert
(a) The Legislature finds and declares that a diversity of
2dairy methane management practices, including anaerobic
3digesters and nondigester dairy methane management strategies,
4can effectively reduce greenhouse gas emissions. Nondigester
5dairy methane management strategies include, but are not limited
6to, scrape conversion, open solar drying and composting of manure
7onsite, conversion of dairy operations to pasture-based
8management, and solid separation technologies.
9
(b) For purposes of this section, the following terms have the
10following meanings:
11
(1) “Conversion of dairy operations to pasture-based
12management” means dairying systems where the dairy cows spend
13a portion of their
time grazing on fields in which some or all of
14the manure is deposited and left in the field and decomposes
15aerobically, which avoids methane emissions.
16
(2) “Open solar drying and composting of manure onsite”
17means the collection, storage, and drying of dairy manure in a
18nonliquid environment.
19
(3) “Scrape conversion” means the conversion of flush water
20lagoon systems to solid-scrape or dry manure management
21practices, including vacuum technologies for manure management.
22
(4) “Solid separation technologies” means technologies
23designed to separate liquid components of manure from minerals
24and organic components, for the purposes of reducing methane
25emissions.
begin insertSection 568 of the end insertbegin insertFood and Agricultural Codeend insertbegin insert is
27amended to read:end insert
(a) The secretary shall convene abegin delete five-memberend delete
29begin insert nine-memberend insert Scientific Advisory Panel on Environmental Farming
30to advisebegin insert the secretary on the implementation of the Healthy Soils
31Program established pursuant to Section 569,end insert andbegin insert the State Water
32Efficiency and Enhancement Program established by the
33department from moneys made available pursuant to Chapter 2
34of the Statutes of 2014, and toend insert assist federal, state, and local
35governmentbegin delete agenciesend deletebegin insert agencies, as appropriate or necessary,end insert on
36issues relating tobegin insert the impact of agricultural practices onend insert air, water,
37and wildlife habitat to do the following:
38(1) Review data on the impact that agriculture has on the
39environment and recommend tobegin insert the secretary andend insert appropriate state
40agenciesbegin delete data thatend delete thebegin delete panel approves as scientifically valid. A state begin insert best available science
P21 1agency that receives data recommended by the panel may adopt
2and incorporate the data into the appropriate program. If a state
3agency does not utilize the data recommended by the panel, it shall
4provide the panel with a written statementend delete
5on environmental impactsend insert ofbegin delete reasons for not utilizing the data. The begin insert agriculture, as well as
6reasons, at a minimum, shall specifyend delete
7practices and policies based on that information to advanceend insert the
8begin delete scientific basis for not utilizing the data. The reasons shall be begin insert goalsend insert of
9provided within 180 daysend deletebegin delete receiving the data from the begin insert this article, including Section 569.end insert
10panel.end delete
11(2) Compile the net environmental impacts that agriculture
12creates for the environment, identified pursuant to paragraph (1).
13(3) Research, review, and comment on data upon which
14proposed environmental policies and regulatory programs are based
15to ensure that the environmental impacts of agricultural activities
16are accurately portrayed and to identify incentives that may be
17provided to encourage agricultural practices with environmental
18benefits.
19(4) Assist government agencies to incorporatebegin delete benefitsend deletebegin insert policies
20and practicesend insert identified pursuant to paragraph (1) into
21environmental regulatory programs.
22(b) begin insert(1)end insertbegin insert end insert Members of the panel shall be highly qualified and
23professionally active or engaged in the conduct of scientific
24research. Of the members first appointed to the panel, two shall
25serve for a term of two years and three shall serve for a term of
26three years, as determined by lot. Thereafter, members shall be
27appointed for a term of three years. The members shall be
28appointed as follows:
29
(A) Five
members shall be appointed by the secretary as follows:
30(1)
end delete
31begin insert(i)end insert begin deleteThree members shall be appointed by the secretary. end deleteAt least
32begin delete one of theseend deletebegin insert twoend insert members shall have a minimum of five years of
33training and experience in the field of agriculture and shall
34represent production agriculture.
35
(ii) At least one member shall have training and field experience
36in on-farm management practices that reduce greenhouse gas
37emissions, sequester carbon, or both.
38
(iii) At least one member shall be certified as a producer
39pursuant to federal Organic Foods Production Act of 1990 (7
40U.S.C. Sec. 6501 et seq.).
P22 1
(iv) At least one member shall have technical expertise in
2agricultural conservation planning and management.
3(2)
end delete
4begin insert(B)end insert begin insertTwo members shall be appointed by the Secretary for
5Environmental Protection.end insert Onebegin delete member, who hasend deletebegin insert shall haveend insert a
6minimum of five years of training and experience in the field of
7human health or environmental science,begin insert and oneend insert shallbegin delete be appointed begin insert have
8by the Secretary of the Environmental Protection Agency.end delete
9expertise in greenhouse gas emissions reductions practices related
10to agriculture.end insert
11(3)
end delete
12begin insert(C)end insert begin deleteOne member, end deletebegin insertTwo members end insertwhobegin delete hasend deletebegin insert haveend insert a minimum of
13five years of training and experience in the field of resource
14begin delete management,end deletebegin insert management shall be appointed by the Secretary of
15the Natural Resources Agency. One memberend insert shallbegin delete be appointed begin insert additionally have expertise in climate change adaptation and
16byend delete
17climate change impacts inend insert thebegin delete Secretary of the Resources Agency.end delete
18
begin insert agricultural sector.end insert
19
(2) The secretary may also appoint, in consultation with the
20panel, ex officio nonvoting members to the panel.
21(c) The panel may establish ad hoc committees, which may
22includebegin delete professionalsend deletebegin insert professionals, scientists,end insert orbegin delete scientists,end delete
23begin insert representatives of nongovernmental entities,end insert to assist it in
24performing its functions.
25(d) The panel shall be created and maintained with funds made
26available from existing resources within the department to the
27extent they are available.
28
(e) The State Air Resources Board shall consult with the
29secretary and the panel, as appropriate, in developing the
30quantification methods described in subdivision (b) of Section
3116428.9 of the Government Code as it relates to the demonstration
32and quantification of on-farm greenhouse gas emissions reductions.
begin insertSection 569 is added to the end insertbegin insertFood and Agricultural
34Codeend insertbegin insert, to read:end insert
(a) (1) The department, in consultation with the panel,
36shall establish and oversee a Healthy Soils Program. The program
37shall seek to optimize climate benefits while supporting the
38economic viability of California agriculture by providing
39incentives, including, but not limited to, loans, grants, research,
40and technical assistance, and educational materials and outreach,
P23 1to farmers whose management practices contribute to healthy soils
2and result in net long-term on-farm greenhouse gas benefits. The
3program may also include the funding of on-farm demonstration
4projects that further the goals of the program.
5
(2) The department, in consultation with the panel, may
6determine priorities for the program and give priority to
projects
7that occur in and benefit disadvantaged communities identified
8pursuant to Section 39711 of the Health and Safety Code, show
9promise of being replicable in other parts of the state, or provide
10environmental and agronomic cobenefits, such as improved air
11and water quality, improved crop yield, and reduced soil erosion.
12
(3) The panel shall also advise the department on scientific
13findings, program framework, guidelines, grower incentives, and
14providing technical assistance.
15
(4) If the department elects to fund on-farm demonstration
16projects described in paragraph (1), the department, in
17consultation with the panel, shall establish a technical advisory
18committee to review on-farm demonstration project applications
19for scientific validity and the proposed project’s potential to
20achieve greenhouse gas benefits.
21
(b) The department shall implement the program and quantify
22greenhouse gas emissions reductions in accordance with the
23funding guidelines developed by the State Air Resources Board
24pursuant to Section 39715 of the Health and Safety Code and the
25quantification methods developed by the State Air Resources Board
26pursuant to Section 16428.9 of the Government Code.
27
(c) (1) The department may pursue public and private sources
28to support the Healthy Soils Program.
29
(2) To the extent funds are available, the department may
30provide support to the program, including, but not limited to,
31technical assistance, education, and outreach.
32
(d) For purposes of this section, “panel” means the Scientific
33Advisory Panel on Environmental Farming.
34
(e) For purposes of the Healthy Soils Program, the following
35terms have the following meanings:
36
(1) “Greenhouse gas benefits” means greenhouse gas emissions
37source reduction or carbon sequestration.
38
(2) “Healthy soils” means soils that enhance their continuing
39capacity to function as a biological system, increase soil organic
P24 1matter, improve soil structure and water- and nutrient-holding
2capacity, and result in net long-term greenhouse gas benefits.
3
(3) “On-farm demonstration projects” means projects that
4incorporate farm management practices that result in greenhouse
5gas benefits across all farming types with the intent to establish
6or promote healthy soils.
begin insertSection 12802.10 is added to the end insertbegin insertGovernment Codeend insertbegin insert,
8to read:end insert
(a) For purposes of this section, the following terms
10have the following meanings:
11
(1) “Critically underserved community” has the same meaning
12as defined in Section 5642 of the Public Resources Code.
13
(2) “Disadvantaged community” means a community identified
14pursuant to Section 39711 of the Health and Safety Code or
15pursuant to Section 75005 of the Public Resources Code.
16
(3) “Multiple benefits” includes, but is not limited to, a decrease
17in air and water pollution or a reduction in the consumption of
18natural resources and energy, including, but not limited to, the
19establishment and enhancement of projects listed
in subdivision
20(e).
21
(4) “Secretary” means the Secretary of the Natural Resources
22Agency.
23
(b) To support the development of sustainable communities, the
24secretary shall manage and award financial assistance, for the
25preparation and implementation of green infrastructure projects
26that reduce greenhouse gas emissions and provide multiple
27benefits, to any of the following:
28
(1) A city.
29
(2) A county.
30
(3) A special district.
31
(4) A nonprofit organization.
32
(5) An agency or entity formed pursuant to the Joint Exercise
33of Powers Act (Chapter 5 (commencing with Section
6500) of
34Division 7 of Title 1) if at least one of the parties to the joint powers
35agreement qualifies as an eligible applicant, notwithstanding the
36Joint Exercise of Powers Act.
37
(c) Moneys from the Greenhouse Gas Reduction Fund, created
38pursuant to Section 16428.8, shall be available, upon appropriation
39by the Legislature, for allocation by the secretary pursuant to this
40section.
P25 1
(d) The secretary shall develop minimum requirements for
2awarding moneys for eligible projects pursuant to this section.
3Those requirements shall require a project, in addition to reducing
4greenhouse gas emissions, to do at least one of the following:
5
(1) Acquire, create, enhance, or expand community parks and
6green spaces.
7
(2) Use natural systems or systems that mimic natural
systems
8to achieve multiple benefits.
9
(e) The multiple benefits of a project may include, but are not
10limited to, the establishment or enhancement of at least two of the
11following:
12
(1) The greening of existing public lands and structures,
13including schools.
14
(2) Multiobjective stormwater projects, including the
15construction of permeable surfaces and collection basins and
16barriers.
17
(3) Green streets and alleys that integrate green infrastructure
18elements into the street or alley design, including permeable
19surfaces, bioswales, and trees.
20
(4) Urban heat island mitigation and energy conservation efforts
21through greening, including green roof projects.
22
(5) Nonmotorized urban trails that provide safe routes for both
23recreation and travel between residences, workplaces, commercial
24centers, and schools.
25
(6) Tree canopy.
26
(7) Wetlands.
27
(8) Neighborhood, city, regional, or county parks and open
28space.
29
(9) Climate resilience and adaptation of urban areas that reduce
30vulnerability to climate impacts and improve the ability of natural
31systems to buffer the impacts of climate change.
32
(10) Economic, social, and health benefits, including, but not
33limited to, recreational opportunities, workforce education and
34training, contracting, and job opportunities for disadvantaged
35communities.
36
(f) The secretary shall give additional consideration to awarding
37moneys for a project pursuant to this section that meets at least
38two of the following criteria:
39
(1) Provides park or recreational benefits to a critically
40underserved community or disadvantaged community.
P26 1
(2) Is proposed by a critically underserved community or
2disadvantaged community.
3
(3) Develops partnerships with local community organizations
4and businesses in order to strengthen outreach to disadvantaged
5communities, provides access to quality jobs for residents of
6disadvantaged communities, or provides access to workforce
7education and training.
8
(4) Uses interagency cooperation and integration.
9
(5) Uses existing public lands and facilitates the use of public
10resources and investments, including schools.
11
(g) The secretary shall allocate at least 75 percent of the moneys
12available for the purposes of this section to projects that are
13located in, and that provide benefits to, disadvantaged
14communities.
15
(h) In implementing this section, the secretary shall maximize
16the expenditure of funds made available pursuant to the Statewide
17Park Development and Community Revitalization Act of 2008
18(Chapter 3.3 (commencing with Section 5640) of Division 5 of the
19Public Resources Code).
20
(i) The secretary shall hold at least two public hearings to gather
21public input on program development before establishing the
22program guidelines and selection criteria. The
Administrative
23Procedure Act (Chapter 3.5 (commencing with Section 11340) of
24Part 1) does not apply to the development and adoption of
25guidelines and selection criteria adopted pursuant to this section.
begin insertSection 16428.86 is added to the end insertbegin insertGovernment Codeend insertbegin insert,
27to read:end insert
(a) Prior to awarding grant funds from moneys
29made available from the Greenhouse Gas Reduction Fund, the
30Department of Food and Agriculture shall review the applicant’s
31analysis identifying potential adverse impacts of the proposed
32project, including a net increase in criteria pollutants, toxic air
33contaminants, and hazardous air pollutants; groundwater and
34surface water impacts; and truck traffic and odor.
35
(b) A project shall not receive funding unless the applicant has
36demonstrated to the Department of Food and Agriculture that the
37applicant has done all of the following:
38
(1) Conducted outreach in areas that will potentially be
39adversely impacted by the project.
40
(2) Determined potential adverse impacts of the project.
P27 1
(3) Committed to measures to mitigate impacts.
2
(c) In making awards, the Department of Food and Agriculture
3shall prioritize projects based on the criteria pollutant emission
4benefits achieved by the project.
5
(d) A project funded by the Department of Food and Agriculture
6that results in localized impacts in disadvantaged communities
7shall not be considered to provide a benefit to disadvantaged
8communities for the purposes of Section 39713 of the Health and
9Safety Code.
begin insertSection 39712 of the end insertbegin insertHealth and Safety Codeend insertbegin insert is
11amended to read:end insert
(a) (1) It is the intent of the Legislature that moneys
13shall be appropriated from the fund only in a manner consistent
14with the requirements of this chapter and Article 9.7 (commencing
15with Section 16428.8) of Chapter 2 of Part 2 of Division 4 of Title
162 of the Government Code.
17(2) The state shall not approve allocations for a measure or
18program using moneys appropriated from the fund except after
19determining, based on the available evidence, that the use of those
20moneys furthers the regulatory purposes of Division 25.5
21(commencing with Section 38500) and is consistent with law. If
22any expenditure of moneys from the fund for any measure or
23project is determined by a court to be inconsistent with law, the
24allocations for the remaining
measures or projects shall be
25severable and shall not be affected.
26(b) Moneys shall be used to facilitate the achievement of
27reductions of greenhouse gas emissions in this state consistent
28with Division 25.5 (commencing with Section 38500) and, where
29applicable and to the extent feasible:
30(1) Maximize economic, environmental, and public health
31benefits to the state.
32(2) Foster job creation by promoting in-state greenhouse gas
33emissions reduction projects carried out by California workers and
34businesses.
35(3) Complement efforts to improve air quality.
36(4) Direct investment toward the most disadvantaged
37communities and households in the state.
38(5) Provide opportunities for businesses, public agencies,begin insert Native
39American tribes in the state,end insert nonprofits, and other community
P28 1institutions to participate in and benefit from statewide efforts to
2reduce greenhouse gas emissions.
3(6) Lessen the impacts and effects of climate change on the
4state’s communities, economy, and environment.
5(c) Moneys appropriated from the fund may be allocated,
6consistent with subdivision (a), for the purpose of reducing
7greenhouse gas emissions in this state through investments that
8may include, but are not limited to, any of the following:
9(1) Funding to reduce greenhouse gas emissions through energy
10efficiency, clean and
renewable energy generation, distributed
11renewable energy generation, transmission and storage, and other
12related actions, including, but not limited to, at public universities,
13state and local public buildings, and industrial and manufacturing
14facilities.
15(2) Funding to reduce greenhouse gas emissions through the
16development of state-of-the-art systems to move goods and freight,
17advanced technology vehicles and vehicle infrastructure, advanced
18biofuels, and low-carbon and efficient public transportation.
19(3) Funding to reduce greenhouse gas emissions associated with
20water use and supply, land and natural resource conservation and
21management, forestry, and sustainable agriculture.
22(4) Funding to reduce greenhouse gas emissions through
23strategic planning and development of sustainable infrastructure
24projects,
including, but not limited to, transportation and housing.
25(5) Funding to reduce greenhouse gas emissions through
26increased in-state diversion of municipal solid waste from disposal
27through waste reduction, diversion, and reuse.
28(6) Funding to reduce greenhouse gas emissions through
29investments in programs implemented by local and regional
30agencies, local and regional collaboratives,begin insert Native American tribes
31in the state,end insert and nonprofit organizations coordinating with local
32governments.
33(7) Funding research, development, and deployment of
34innovative technologies, measures, and practices related to
35programs and projects funded pursuant to this chapter.
begin insertSection 44274.3 is added to the end insertbegin insertHealth and Safety
37Codeend insertbegin insert, to read:end insert
(a) For purposes of this section, “low income” means
39a resident of the state whose household income is less than or
40equal to 300 percent of the federal poverty level.
P29 1
(b) Beginning November 1, 2016, under the Clean Vehicle
2Rebate Project established as a part of the Air Quality
3Improvement Program, the state board shall do the following:
4
(1) Only offer rebates to applicants who purchase an eligible
5vehicle and have a gross annual income, as reported on the
6Internal Revenue Service Form 1040, the Internal Revenue Service
7Form 1040A, or the Internal Revenue Service Form 1040EZ, that
8does not exceed the following:
9
(A) One hundred fifty thousand dollars ($150,000) for single
10filers.
11
(B) Two hundred four thousand dollars ($204,000) for
12head-of-household filers.
13
(C) Three hundred thousand dollars ($300,000) for joint filers.
14
(2) Increase the rebate payment by five hundred dollars ($500)
15for a low-income applicant for all eligible vehicle types.
16
(3) Only offer rebates for plug-in hybrids that have an electric
17range of at least 20 miles.
18
(4) Provide outreach to low-income households to increase
19consumer awareness of the rebate project.
20
(5) Prioritize rebate payments to low-income applicants.
21
(c) The income restrictions set forth in paragraph (1) of
22subdivision (b) shall not apply to fuel cell vehicles.
23
(d) This section shall become inoperative on July 1, 2017, and,
24as of January 1, 2018, is repealed, unless a later enacted statute,
25that becomes operative on or before January 1, 2018, deletes or
26extends the dates on which it becomes inoperative and is repealed.
begin insertSection 717 is added to the end insertbegin insertPublic Resources Codeend insertbegin insert,
28to read:end insert
(a) The Secretary of the Natural Resources Agency shall
30establish a working group on expanding wood product markets
31that can utilize woody biomass, especially biomass that is removed
32from high hazard zones, as determined by the department. These
33markets include, but are not limited to, animal bedding, biochar,
34cross-laminated timber, mulch, oriented strand board, pulp, post,
35shredding, and veneer products.
36
(b) At a minimum, the working group shall include members of
37the working group on wood market products established under
38the Proclamation of a State of Emergency on Tree Mortality
39declared by the Governor on October 30, 2015.
P30 1
(c) By June 1, 2017, the working group shall submit
2
recommendations to the Legislature on actions that may be taken
3to encourage the development of the wood product markets,
4including the identification of potential pilot projects.
begin insertSection 4799.05 is added to the end insertbegin insertPublic Resources
6Codeend insertbegin insert, to read:end insert
(a) The director may provide grants to, or enter into
8contracts or other cooperative agreements with, entities, including,
9but not limited to, private or nongovernmental entities, Native
10American tribes, or local, state, and federal public agencies, for
11the implementation and administration of projects and programs
12to improve forest health and reduce greenhouse gas emissions.
13
(b) Any project or program described in this section that is
14funded with moneys from the Greenhouse Gas Reduction Fund,
15created pursuant to Section 16428.8 of the Government Code,
16shall comply with all statutory and program requirements
17applicable to the use of moneys from the fund.
18
(c) Moneys
appropriated to the department for landscape-scale
19projects shall be allocated as follows:
20
(1) To subsidize the removal of small diameter material,
21especially surface fuels and ladder fuels, as well as dead trees, in
22order to help develop markets for beneficial uses of the material,
23including, but not limited to, animal bedding, biochar,
24cross-laminated timber, mulch, oriented strandboard, pulp, post,
25shredding, and veneer products.
26
(2) For multiple benefit projects, such as tree thinning, carbon
27sequestration, forest resilience, and improved ecological outcome
28projects, including, but not limited to, restoring watershed health
29and function and supporting biodiversity and wildlife adaptation
30to climate change. The department shall give grant funding priority
31to landowners who practice uneven-age forest management with
32a resilient forest of diverse age, size, and species class
within the
33boundaries of the project and whose activities are conducted
34pursuant to an approved timber harvest plan, nonindustrial timber
35harvest plan, or working forest management plan. An application
36for a grant for a project under this subparagraph shall include a
37description of how the proposed project will increase average stem
38diameter and provide other site-specific improvement to forest
39complexity, as demonstrated by the expansion of the variety of tree
40age classes and species persisting for a period of at least 50 years.
P31 1The department shall also give funding priority to landowners who
2agree to long-term forest management goals prescribed by the
3department.
4
(3) For activities on National Forest lands to increase tree stand
5heterogeneity, create forest openings of less than one acre, and
6increase average tree stand diameter of residual trees. Any grants
7provided under this subparagraph shall be approved by the
8department, in
collaboration with appropriate state agencies,
9including the State Air Resources Board.
begin insertSection 6009.1 of the end insertbegin insertPublic Resources Codeend insertbegin insert is
11amended to read:end insert
The Legislature finds and declares all of the following:
13(a) Granted public trust lands remain subject to the supervision
14of the state and the state retains its duty to protect the public interest
15in granted public trust lands.
16(b) The state acts both as the trustor and the representative of
17the beneficiaries, who are all of the people of this state, with regard
18to public trust lands, and a grantee of public trust lands, including
19tidelands and submerged lands, acts as a trustee, with the granted
20tidelands and submerged lands as the corpus of the trust.
21(c) A grantee may fulfill its fiduciary duties as trustee by
22determining the application of each of the
following duties, all of
23which are applicable under common trust principles:
24(1) The duty of loyalty.
25(2) The duty of care.
26(3) The duty of full disclosure.
27(4) The duty to keep clear and adequate records and accounts.
28(5) The duty to administer the trust solely in the interest of the
29beneficiaries.
30(6) The duty to act impartially in managing the trust property.
31(7) The duty to not use or deal with trust property for the
32trustee’s own profit or for any other purpose unconnected with the
33trust, and to not take part in a transaction in which the trustee has
34an
interest adverse to the beneficiaries.
35(8) The duty to take reasonable steps under the circumstances
36to take and keep control of and to preserve the trust property.
37(9) The duty to make the trust property productive under the
38circumstances and in furtherance of the purposes of the trust.
P32 1(10) The duty to keep the trust property separate from other
2property not subject to the trust and to see that the trust property
3is designated as property of the trust.
4(11) The duty to take reasonable steps to enforce claims that
5are part of the trust property.
6(12) The duty to take reasonable steps to defend actions that
7may result in a loss to the trust.
8(13) The duty to not delegate to others the performance of acts
9that the trustee can reasonably be required to perform and to not
10transfer the administration of the trust to a cotrustee. If a trustee
11has properly delegated a matter to an agent, the trustee has a duty
12to exercise direct supervision over the performance of the delegated
13matter.
14(d) All duties endowed upon a trustee of state lands shall depend
15upon the terms of the trust, and if there is no provision, express or
16implied, within the terms of the trust, a statute, or a grant, the
17trustee’s duties shall be interpreted and determined by principles
18and rules evolved by courts of equity with respect to common trust
19principles.
20
(e) Notwithstanding any other law, and in addition to any
other
21rights and capacities of a trustee to act under law, a trustee of
22public trust lands shall have the right to bring any action related
23to its granted public trust lands, including an action to abate a
24public nuisance, as a representative of the beneficiaries.
25(e)
end delete
26begin insert(f)end insert Common trust principles do not nullify an act of the
27Legislature or modify its duty under the California Constitution
28to do all things necessary to execute and administer the public
29trust.
begin insertSection 42997 of the end insertbegin insertPublic Resources Codeend insertbegin insert is
31amended to read:end insert
(a) The CalRecycle Greenhouse Gas Reduction
33Revolving Loan Program is hereby established and shall be
34administered by the department.
35(b) (1) The department shall expend the moneys transferred
36pursuant to subdivision (c) of Section 42996, and any additional
37moneys appropriated by the Legislature for the purposes of this
38subdivision, to provide loans to reducebegin insert the emissions ofend insert greenhouse
39begin delete gas emissionsend deletebegin insert gasesend insert by promoting in-state development of
40infrastructurebegin insert or other projectsend insert tobegin insert reduce organic waste orend insert process
P33 1begin delete organicsend deletebegin insert organicend insert and other recyclable materials into new
2value-added products. The moneys shall be expended consistent
3with the requirements of Article 9.7 (commencing with Section
416428.8) of Chapter 2 of Part 2 of Division 4 of Title 2 of the
5Government Code and Chapter 4.1 (commencing with Section
639710) of Part 2 of Division 26 of the Health and Safety Code.
7(2) For a loan made pursuant to this subdivision, the department
8shall expend the moneys in the loan fund to provide loans to public
9and private entitiesbegin delete located inend deletebegin insert for in-state infrastructure projects
10or other projects that reduceend insert thebegin delete state forend deletebegin insert emissions of greenhouse
11gases byend insert any of the following:
12(A) Organics composting.
13(B) begin deleteAnaerobic end deletebegin insertOrganics in-vessel end insertdigestion.
14(C) Recyclable materialbegin delete manufacturing infrastructure projects
15or other related activities that reduce greenhouse gas emissions.end delete
16
begin insert manufacturing.end insert
17
(D) Activities that expand and improve waste diversion and
18recycling, including, but not limited to, food waste prevention.
19(3) For purposes of this subdivision, eligible infrastructure
20projects that reduce greenhouse gas emissions include, but are not
21limited to, any of the following:
22(A) Capital investments in new facilities and increased
23throughput at existing facilities for activities, such as converting
24windrow composting to
aerated-static-pile composting to use food
25waste as feedstock.
26(B) Designing and constructingbegin delete anaerobicend deletebegin insert organics in-vesselend insert
27 digestion facilities to producebegin delete biofuelsend deletebegin insert products, such as biofuels,
28bioenergy,end insert andbegin delete bioenergy.end deletebegin insert soil amendments.end insert
29(C) Designing and constructing facilities for processing
30recyclable materials.
31(4) For a loan made pursuant to this subdivision, both of the
32following apply:
33(A) The terms and conditions of an approved loan shall be
34specified in a loan agreement and related documents between the
35borrower and the department. These terms and conditions shall
36include reporting requirements that include, but are not limited to,
37reporting the information specified in Section 16428.9 of the
38Government Code.
39(B) The department shall approve only those loan applications
40that demonstrate the
applicant’s ability to repay the loan.
P34 1(5) The department may establish additional requirements that
2it determines to be necessary or useful to achieve the revolving
3loan program’s objectives, including, but not limited to, ensuring
4repayment ability.
begin insertSection 42999 of the end insertbegin insertPublic Resources Codeend insertbegin insert is
6amended to read:end insert
(a) Any additional funds appropriated by the
8Legislature from the Greenhouse Gas Reduction Fund, established
9pursuant to Section 16428.8 of the Government Code, to the
10department shall be used to administer a grant program to provide
11financial assistance to reducebegin insert the emissions ofend insert greenhousebegin delete gas begin insert gasesend insert by promoting in-state development of
12emissionsend delete
13begin delete infrastructureend deletebegin insert infrastructure, food waste prevention, or other
14projectsend insert tobegin insert reduce organic waste orend insert processbegin delete organicsend deletebegin insert organicend insert and
15other recyclable materials into new value-added products. The
16moneys shall be expended consistent with the requirements of
17Article 9.7 (commencing with Section 16428.8) of Chapter 2 of
18Part 2 of Division 4 of Title 2 of the Government Code and Chapter
194.1 (commencing with Section 39710) of Part 2 of Division 26 of
20the Health and Safety Code.
21(b) begin deleteFor a grant made pursuant to this section, the end deletebegin insertThe end insertdepartment
22shall expend the moneys to provide grants, incentive payments,
23contracts, or other funding mechanisms to public and private
24entitiesbegin delete located inend deletebegin insert for in-state infrastructure projects or other
25projects that reduceend insert thebegin delete state forend deletebegin insert emissions of greenhouse gases
26byend insert any of the following:
27(1) Organics composting.
28(2) begin deleteAnaerobic end deletebegin insertOrganics in-vessel end insertdigestion.
29(3) Recyclable materialbegin delete manufacturing infrastructure projects
30or other related activities that reduce greenhouse gas emissions.end delete
31
begin insert manufacturing.end insert
32
(4) Activities that expand and improve waste diversion and
33recycling, including, but not limited to, food waste prevention.
34(c) For purposes of this section, eligible infrastructure projects
35that reduce greenhouse gas emissions include, but are not limited
36to, any of the following:
37(1) Capital investments in new facilities and increased
38throughput at existing facilities for activities, such as converting
39windrow composting to
aerated-static-pile composting to use food
40waste as feedstock.
P35 1(2) Designing and constructingbegin delete anaerobicend deletebegin insert organics in-vesselend insert
2 digestion facilities to producebegin delete biofuelsend deletebegin insert products, such as biofuels,
3bioenergy,end insert andbegin delete bioenergy.end deletebegin insert soil amendments.end insert
4(3) Designing and constructing facilities for processing
5recyclable materials.
begin insertSection 42999 of the end insertbegin insertPublic Resources Codeend insertbegin insert is
7amended to read:end insert
(a) Any additional funds appropriated by the
9Legislature from the Greenhouse Gas Reduction Fund, established
10pursuant to Section 16428.8 of the Government Code, to the
11department shall be used to administer a grant program to provide
12financial assistance to reducebegin insert the emissions ofend insert greenhousebegin delete gas begin insert gasesend insert by promoting in-state development of
13emissionsend delete
14begin delete infrastructureend deletebegin insert infrastructure, food waste prevention, or other
15projectsend insert tobegin insert reduce organic waste orend insert processbegin delete organicsend deletebegin insert organicend insert and
16other recyclable materials intobegin delete newend deletebegin insert new,end insert value-added products.
17The moneys shall be expended consistent with the requirements
18of Article 9.7 (commencing with Section 16428.8) of Chapter 2
19of Part 2 of Division 4 of Title 2 of the Government Code and
20Chapter 4.1 (commencing with Section 39710) of Part 2 of Division
2126 of the Health and Safety Code.
22(b) begin deleteFor a grant made pursuant to end deletebegin insertFrom moneys appropriated
23for purposes of end insertthis section, the department shallbegin delete expend the provide grants, incentive payments, contracts, or other
24moneys toend delete
25funding mechanisms to public and private entitiesbegin delete located inend deletebegin insert for
26in-state infrastructure projects or other projects that reduceend insert the
27begin delete state forend deletebegin insert emissions of greenhouse gases byend insert any of the following:
28(1) Organics composting.
29(2) begin deleteAnaerobic end deletebegin insertOrganics in-vessel end insertdigestion.
30(3) Recyclable materialbegin delete manufacturing infrastructure projects
31or other related activities that reduce greenhouse gas emissions.end delete
32
begin insert manufacturing.end insert
33
(4) Activities that expand and improve waste diversion and
34recycling, including, but not limited to, food waste prevention.
35(c) For purposes of this section, eligible infrastructure projects
36that reduce greenhouse gas emissions include, but are not limited
37to, any of the following:
38(1) Capital investments in new facilities and increased
39throughput at existing facilities for activities, such as converting
P36 1windrow composting to
aerated-static-pile composting to use food
2waste as feedstock.
3(2) Designing and constructingbegin delete anaerobicend deletebegin insert organics in-vesselend insert
4 digestion facilities to producebegin delete biofuelsend deletebegin insert products, such as biofuels,
5bioenergy,end insert andbegin delete bioenergy.end deletebegin insert soil amendments.end insert
6(3) Designing and constructing facilities for processing
7recyclable materials.
8
(d) In awarding a grant for organics composting or anaerobic
9digestion pursuant to this section, the department shall consider
10all of the following:
11
(1) The amount of greenhouse gas emissions reductions that
12may result from the project.
13
(2) The amount of organic material that may be diverted from
14landfills as a result of the project.
15
(3) If, and how, the project may benefit disadvantaged
16communities.
17
(4) For a grant awarded for an anaerobic digestion project, if,
18and how, the project maximizes resource recovery, including the
19production of clean energy or low-carbon or carbon negative
20transportation fuels.
21
(5) Project readiness and permitting that the project may
22
require.
23
(6) Air and water quality benefits that the project may provide.
24
(e) To the degree that funds are available, the department may
25provide larger grant awards for large-scale regional integrated
26projects that provide cost-effective organic waste diversion and
27maximize environmental benefits.
begin insertSection 399.20.3 is added to the end insertbegin insertPublic Utilities Codeend insertbegin insert,
29to read:end insert
(a) For purposes of this section, the following
31definitions apply:
32
(1) “Bioenergy” has the same meaning as set forth in paragraph
33(4) of subdivision (f) of Section 399.20.
34
(2) “Tier 1 high hazard zone” includes areas where wildlife
35and falling trees threaten power lines, roads, and other evacuation
36corridors, critical community infrastructure, or other existing
37structures, as designated by the Department of Forestry and Fire
38Protection pursuant to the Proclamation of a State of Emergency
39on Tree Mortality declared by the Governor on October 30, 2015.
P37 1
(3) “Tier 2 high hazard zone” includes watersheds that have
2
significant tree mortality combined with community and natural
3resource assets, as designated by the Department of Forestry and
4Fire Protection pursuant to the Proclamation of a State of
5Emergency on Tree Mortality declared by the Governor on October
630, 2015.
7
(b) In addition to the requirements of subdivision (f) of Section
8399.20, the commission, beginning December 1, 2016, shall direct
9retail sellers to collectively procure, through financial commitments
10of five years, their proportionate share of 125 megawatts of
11cumulative rated generating capacity from existing in-state
12bioenergy projects that commenced operations prior to June 1,
132013. At least 80 percent of the feedstock of an eligible facility,
14on an annual basis, shall be a byproduct of sustainable forestry
15management, which includes removal of dead and dying trees from
16Tier 1 and Tier 2 high hazard zones. At least 60 percent of this
17feedstock shall be from Tier 1 and Tier 2 high
hazard zones and
18not from lands that have been clear-cut.
19
(c) (1) For each retail seller, the commission shall allocate its
20proportionate share of the 125 megawatts based on the ratio of
21the retail seller’s peak demand to the total statewide peak demand.
22
(2) Procurement by an electrical corporation of generation
23capacity pursuant to a contract under the commission’s Resolution
24E-4770 that is in excess of the requirement of that electrical
25corporation under that resolution shall count towards meeting the
26electrical corporation’s proportionate share allocated pursuant
27to paragraph (1).
28
(d) The commission may direct each electrical corporation to
29develop standard contract terms and conditions that reflect the
30operational characteristics of the bioenergy projects and to provide
31a streamlined
contracting process or may require retail sellers to
32use the mechanism established pursuant to the commission’s
33Resolution E-4770 to meet the requirements of subdivision (c).
34The procurement pursuant to the developed standard contract
35shall occur on an expedited basis due to the Proclamation of a
36State of Emergency on Tree Mortality declared by the Governor
37on October 30, 2015.
38
(e) A local publicly owned electric utility serving more than
39100,000 customers shall procure its proportionate share, based
40on the ratio of the utility’s peak demand to the total statewide peak
P38 1demand, of 125 megawatts of cumulative rated capacity from
2existing in-state bioenergy projects described in subdivision (b)
3subject to terms of at least five years.
4
(f) The commission shall ensure that the costs of any contract
5procured by an electrical corporation to satisfy the requirements
6of this section are
recoverable from all customers on a
7nonbypassable basis.
8
(g) The Procurement Oversight Group within the commission
9shall advise the commission on the cost of the generation procured
10pursuant to this section and its impact on ratepayers.
The State Air Resources Board, in consultation with
12the Natural Resources Agency and the Department of Forestry
13and Fire Protection, shall do both of the following:
14
(a) No later than July 1, 2017, complete a standardized
15greenhouse gas emissions inventory for natural and working lands.
16
(b) (1) No later than January 1, 2018, complete a standardized
17accounting framework for forests that supports statewide
18greenhouse gas emissions reduction goals and investments of
19
moneys from the Greenhouse Gas Reduction Fund, established
20pursuant to Section 16428.8 of the Government Code.
21
(2) The accounting framework shall include a statewide baseline
22projection of business-as-usual emissions and carbon sequestration
23and shall consider state, regional, and project scales of accounting
24based on forest type and other ecological indicators.
Notwithstanding subdivision (c) of Section 13264 of,
26subdivision (f) of Section 13268 of, subdivision (k) of Section 13350
27of, and paragraph (2) of subdivision (n) of Section 13385 of, the
28Water Code, one million four hundred thousand dollars
29($1,400,000) is hereby appropriated in fiscal year 2016-17 to the
30State Water Resources Control Board from the moneys deposited
31into, and separately accounted for in, the Waste Discharge Permit
32Fund pursuant to the balance of penalty revenues generated by
33the imposition of liabilities pursuant to subdivision (c) of Section
3413264 of, subdivision (f) of Section 13268 of,
subdivision (k) of
35Section 13350 of, and paragraph (2) of subdivision (n) of Section
3613385 of, the Water Code. The funds appropriated in this section
37are available to the State Water Resources Control Board to
38provide grants or contracts for the development of planning,
39environmental, and design documents in furtherance of projects
40for eliminating public health and safety risks from wastewater,
P39 1and agricultural and other drainage of urbanized areas for
2tributaries to the Salton Sea.
Section 13.5 of this bill incorporates amendments to
4Section 42999 of the Public Resources Code proposed by both this
5bill and Senate Bill 970. It shall only become operative if (1) both
6bills are enacted and become effective on or before January 1,
72017, but this bill becomes operative first, (2) each bill amends
8Section 42999 of the Public Resources Code, and (3) this bill is
9enacted after Senate Bill 970, in which case Section 42999 of the
10Public Resources Code, as amended by Section 13 of this bill, shall
11remain operative only until the operative date of Senate Bill 970,
12at which time
Section 13.5 of this bill shall become operative.
No reimbursement is required by this act pursuant
14to Section 6 of Article XIII B of the California Constitution because
15a local agency or school district has the authority to levy service
16charges, fees, or assessments sufficient to pay for the program or
17level of service mandated by this act or because costs that may be
18incurred by a local agency or school district will be incurred
19because this act creates a new crime or infraction, eliminates a
20crime or infraction, or changes the penalty for a crime or
21infraction, within the meaning of Section 17556 of the Government
22
Code, or changes the definition of a crime within the meaning of
23Section 6 of Article XIII B of the California Constitution.
This act is a bill providing for appropriations related
25to the Budget Bill within the meaning of subdivision (e) of Section
2612 of Article IV of the California Constitution, has been identified
27as related to the budget in the Budget Bill, and shall take effect
28immediately.
Section 1602 of the Fish and Game Code is
30amended to read:
(a) An entity shall not substantially divert or obstruct
32the natural flow of, or substantially change or use any material
33from the bed, channel, or bank of, any river, stream, or lake, or
34deposit or dispose of debris, waste, or other material containing
35crumbled, flaked, or ground pavement where it may pass into any
36river, stream, or lake, unless all of the following occur:
37(1) The department receives written notification regarding the
38activity in the manner prescribed by the department. The
39notification shall include, but is not limited to, all of the following:
40(A) A detailed description of the project’s location and a map.
P40 1(B) The name, if any, of the river, stream, or lake affected.
2(C) A detailed project description, including, but not limited to,
3construction plans and drawings, if applicable.
4(D) A copy of any document prepared pursuant to Division 13
5(commencing with Section 21000) of the Public Resources Code.
6(E) A copy of any other applicable local, state, or federal permit
7or agreement already issued.
8(F) Any other information required by the department.
9(2) The department determines the notification is complete in
10accordance with Chapter 4.5 (commencing with Section 65920)
11of Division 1 of Title 7 of the Government Code, irrespective of
12whether the activity constitutes a development project for the
13purposes of that chapter.
14(3) The entity pays the applicable fees, pursuant to Section 1609.
15(4) One of the following occurs:
16(A) (i) The department informs the entity, in writing, that the
17activity will not substantially adversely affect an existing fish or
18wildlife resource, and that the entity may commence the activity
19without an agreement, if the entity conducts the activity as
20described in the notification, including any measures in the
21notification that are intended to protect fish and wildlife resources.
22(ii) Each region of the department shall log the notifications of
23activities where no agreement is required. The log shall list the
24date the notification was received by the department, a brief
25description of the proposed activity, and the location of
the activity.
26Each item shall remain on the log for one year. Upon written
27request by any person, a regional office shall send the log to that
28person monthly for one year. A request made pursuant to this
29clause may be renewed annually.
30(B) The department determines that the activity may
31substantially adversely affect an existing fish or wildlife resource
32and issues a final agreement to the entity that includes reasonable
33measures necessary to protect the resource, and the entity conducts
34the activity in accordance with the agreement.
35(C) A panel of arbitrators issues a final agreement to the entity
36in accordance with subdivision (b) of Section 1603, and the entity
37conducts the activity in accordance with the agreement.
38(D) The department does not issue a draft agreement to the
39entity within 60 days from the date
notification is complete, and
40the entity conducts the activity as described in the notification,
P41 1including any measures in the notification that are intended to
2protect fish and wildlife resources.
3(b) (1) If an activity involves the routine maintenance and
4operation of water supply, drainage, flood control, or waste
5treatment and disposal facilities, notice to and agreement with the
6department shall not be required after the initial notification and
7agreement, unless the department determines either of the
8following:
9(A) The work described in the agreement has substantially
10changed.
11(B) Conditions affecting fish and wildlife resources have
12substantially changed, and those resources are adversely affected
13by the activity conducted under the agreement.
14(2) This subdivision applies only if notice to, and agreement
15with, the department was attained prior to January 1, 1977, and
16the department has been provided a copy of the agreement or other
17proof of the existence of the agreement that satisfies the
18department, if requested.
19(c) Notwithstanding subdivision (a), the department is not
20required to determine whether the notification is complete or
21otherwise process the notification until the department has received
22the applicable fees.
23(d) (1) Notwithstanding subdivision (a), an entity shall not be
24required to obtain an agreement with the department pursuant to
25this chapter for activities authorized by a license or renewed license
26for cannabis cultivation issued by the Department of Food and
27Agriculture for the term of the license or renewed license if all of
28the following occur:
29(A) The entity submits all of the following to the department:
30(i) The written notification described in paragraph (1) of
31subdivision (a).
32(ii) A copy of the license or renewed license for cannabis
33cultivation issued by the Department of Food and Agriculture that
34includes the requirements specified in subdivisions (d), (e), and
35(f) of Section 19332.2 of the Business and Professions Code.
36(iii) The fee specified in paragraph (3) of subdivision (a).
37(B) The department determines in its sole discretion that
38compliance with the requirements specified in subdivisions (d),
39(e), and (f) of Section 19332.2 of the Business and Professions
40Code that are included in the license will adequately protect
P42 1existing fish and wildlife resources that may be substantially
2adversely affected by the cultivation without the need for additional
3measures that the department would include in a draft streambed
4alteration agreement in accordance with Section 1603.
5(C) The department notifies the entity in writing that the
6exemption applies to the cultivation authorized by the license or
7renewed license.
8(2) The department shall notify the entity in writing whether
9the exemption in paragraph (1) applies to the cultivation authorized
10by the license or renewed license within 60 days from the date that
11the notification is complete and the fee has been paid.
12(3) If an entity receives an exemption pursuant to this
13subdivision and fails to comply with any of the requirements
14described in subdivision (d), (e), or (f) of Section 19332.2 of the
15Business and Professions Code that are included in the license,
16the failure shall constitute a violation under this section, and the
17department shall notify the Department of Food and Agriculture
18of any enforcement action taken.
19(e) It is unlawful for any entity to violate this chapter.
Section 1609 of the Fish and Game Code is amended
21to read:
(a) The department may establish a graduated schedule
23of fees to be charged to any entity subject to this chapter. The fees
24charged shall be established in an amount necessary to pay the
25total costs incurred by the department in administering and
26enforcing this chapter, including, but not limited to, preparing and
27submitting agreements and conducting inspections. The department
28shall annually adjust the fees pursuant to Section 713. Fees received
29pursuant to this section shall be deposited in the Fish and Game
30Preservation Fund.
31(b) (1) The fee schedule established pursuant to subdivision
32(a) shall not include a fee that exceeds five thousand dollars
33($5,000) for any single project.
34(2) The fee limitation described in paragraph (1) does not apply
35to any project included in any agreement issued pursuant to
36subdivision (g) of Section 1605.
Section 1610 of the Fish and Game Code is amended
38to read:
(a) Except as provided in subdivision (b), this chapter
40does not apply to any of the following:
P43 1(1) Immediate emergency work necessary to protect life or
2property.
3(2) Immediate emergency repairs to public service facilities
4necessary to maintain service as a result of a disaster in an area in
5which a state of emergency has been proclaimed by the Governor
6pursuant to Chapter 7 (commencing with Section 8550) of Division
71 of Title 2 of the Government Code.
8(3) Emergency projects undertaken, carried out, or approved
9by a state or local governmental agency to maintain, repair, or
10restore an
existing highway, as defined in Section 360 of the
11Vehicle Code, within the existing right-of-way of the highway,
12that has been damaged as a result of fire, flood, storm, earthquake,
13land subsidence, gradual earth movement, or landslide, within one
14year of the damage. Work needed in the vicinity above and below
15a highway may be conducted outside of the existing right-of-way
16if it is needed to stop ongoing or recurring mudslides, landslides,
17or erosion that pose an immediate threat to the highway, or to
18restore those roadways damaged by mudslides, landslides, or
19erosion to their predamage condition and functionality. This
20paragraph does not exempt from this chapter any project
21undertaken, carried out, or approved by a state or local
22governmental agency to expand or widen a highway damaged by
23fire, flood, storm, earthquake, land subsidence, gradual earth
24movement, or landslide. The exception provided in this paragraph
25does not apply to a highway designated as an official state scenic
26highway pursuant to
Section 262 of the Streets and Highways
27Code.
28(b) The entity performing the emergency work described in
29subdivision (a) shall notify the department of the work, in writing,
30within 14 days of beginning the work. Any work described in the
31emergency notification that does not meet the criteria for the
32emergency work described in subdivision (a) is a violation of this
33chapter if the entity did not first notify the department in
34accordance with Section 1602 or 1611.
Section 1613 of the Fish and Game Code is amended
36to read:
If, after receiving a notification, but before the
38department executes a final agreement, the department informs
39the entity, in writing, that the activity described in the notification,
40or any activity or conduct by the entity directly related thereto,
P44 1violates any provision of this code or the regulations that implement
2the code, the department may suspend processing the notification,
3and subparagraph (D) of paragraph (4) of subdivision (a) of Section
41602 and the timelines specified in Section 1603 do not apply.
5This section ceases to apply if any of the following occurs:
6(a) The department determines that the violation has been
7remedied.
8(b) Legal action to prosecute the violation is not filed within
9the applicable statute of limitations.
10(c) Legal action to prosecute the violation has been terminated.
Section 1615 of the Fish and Game Code is amended
12to read:
(a) An entity that violates this chapter is subject to a
14civil penalty of not more than twenty-five thousand dollars
15($25,000) for each violation.
16(b) The civil penalty imposed pursuant to subdivision (a) is
17separate from, and in addition to, any other civil penalty imposed
18pursuant to this section or any other provision of the law.
19(c) In determining the amount of any civil penalty imposed
20pursuant to this section, the court shall take into consideration all
21relevant circumstances, including, but not limited to, the nature,
22circumstance, extent, and gravity of the violation. In making this
23determination, the court may consider the degree of toxicity and
24volume of the discharge, the extent of harm caused by the
violation,
25whether the effects of the violation may be reversed or mitigated,
26and, with respect to the defendant, the ability to pay, the effect of
27any civil penalty on the ability to continue in business, any
28voluntary cleanup efforts undertaken, any prior history of
29violations, the gravity of the behavior, the economic benefit, if
30any, resulting from the violation, and any other matters the court
31determines that justice may require.
32(d) Every civil action brought under this section shall be brought
33by the Attorney General upon complaint by the department, or by
34the district attorney or city attorney in the name of the people of
35the State of California, and any actions relating to the same
36violation may be joined or consolidated.
37(e) (1) In any civil action brought pursuant to this chapter in
38which a temporary restraining order, preliminary injunction, or
39
permanent injunction is sought, it is not necessary to allege or
40prove at any stage of the proceeding any of the following:
P45 1(A) That irreparable damage will occur if the temporary
2restraining order, preliminary injunction, or permanent injunction
3is not issued.
4(B) That the remedy at law is inadequate.
5(2) The court shall issue a temporary restraining order,
6preliminary injunction, or permanent injunction in a civil action
7brought pursuant to this chapter without the allegations and without
8the proof specified in paragraph (1).
9(f) All civil penalties collected pursuant to this section shall not
10be considered fines or forfeitures as defined in Section 13003, and
11shall be apportioned in the following manner:
12(1) Fifty percent shall be distributed to the county treasurer of
13the county in which the action is prosecuted. Amounts paid to the
14county treasurer shall be deposited in the county fish and wildlife
15propagation fund established pursuant to Section 13100.
16(2) Fifty percent shall be distributed to the department for
17deposit in the Fish and Game Preservation Fund. These funds may
18be expended to cover the costs of any legal actions or for any other
19law enforcement purpose consistent with Section 9 of Article XVI
20of the California Constitution.
Section 2081.2 is added to the Fish and Game Code,
22to read:
(a) For the purposes of this section, the following
24terms have the following meanings:
25(1) “Permit” means any authorization issued by the department
26pursuant to this article to take a species listed by this chapter as
27candidate, threatened, or endangered.
28(2) “Permittee” includes any individual, firm, association,
29organization, partnership, business, trust, corporation, limited
30liability company, district, city, county, city and county, town,
31federal agency, and the state who applies for or who has received
32a permit pursuant to this article.
33(3) “Project” has the same meaning as defined in Section 21065
34of the
Public Resources Code.
35(4) “Project cost” means the total direct and indirect project
36expenses that include, but are not limited to, labor, equipment,
37permanent materials and supplies, subcontracts, permits and
38licenses, overhead, and miscellaneous costs.
39(5) “Voluntary habitat restoration project” means a project that
40meets both of the following requirements:
P46 1(A) The project’s primary purpose is voluntary habitat
2restoration and the project may have other environmental benefits,
3and the project is not required as mitigation due to a regulatory
4action.
5(B) The project is not part of a regulatory settlement, a
6regulatory enforcement action, or a court order.
7(b) (1) The department shall collect a permit application fee
8for processing a permit application submitted pursuant to this
9article at the time the permit application is submitted to the
10department. Notwithstanding Section 2098, upon appropriation to
11the department from the Endangered Species Permitting Account,
12the department shall use the permit application fee to pay for all
13or a portion of the department’s cost of processing permit
14applications, permit development, and compliance monitoring
15pursuant to this article.
16(2) This subdivision does not apply to any of the following:
17(A) Activities or costs associated with the review of projects,
18inspection and oversight of projects, and permits necessary to
19conduct timber operations, as defined in Section 4527 of the Public
20Resources Code, in accordance with Article 9.5 (commencing with
21Section 4629) of Chapter 8 of Part 2
of Division 4 of the Public
22Resources Code.
23(B) Permits or memoranda of understanding authorized by
24subdivision (a) of Section 2081.
25(C) Permits for voluntary habitat restoration projects.
26(c) The department shall assess the permit application fee as
27follows, subject to subdivision (f):
28(1) For a project, regardless of estimated project cost, that is
29subject only to Section 2080.1, 2080.3, or 2080.4, the department
30shall assess either of the following amounts:
31(A) Seven thousand five hundred dollars ($7,500).
32(B) Six thousand dollars ($6,000), if the project uses a
33department-approved conservation or mitigation bank to
fulfill
34mitigation obligations pursuant to this article.
35(2) For a project where the estimated project cost is less than
36one hundred thousand dollars ($100,000), the department shall
37assess either of the following amounts:
38(A) Seven thousand five hundred dollars ($7,500).
P47 1(B) Six thousand dollars ($6,000), if the project uses a
2department-approved conservation or mitigation bank to fulfill
3mitigation obligations pursuant to this article.
4(3) For a project where the estimated project cost is one hundred
5thousand dollars ($100,000) or more but less than five hundred
6thousand dollars ($500,000), the department shall assess either of
7the following amounts:
8(A) Fifteen thousand dollars ($15,000).
9(B) Twelve thousand dollars ($12,000), if the project uses a
10department-approved conservation or mitigation bank to fulfill
11mitigation obligations pursuant to this article.
12(4) For a project where the estimated project cost is five hundred
13thousand dollars ($500,000) or more, the department shall assess
14either of the following amounts:
15(A) Thirty thousand dollars ($30,000).
16(B) Twenty-four thousand dollars ($24,000), if the project uses
17a department-approved conservation or mitigation bank to fulfill
18mitigation obligations pursuant to this article.
19(5) The department shall collect a fee of seven thousand five
20hundred dollars ($7,500) for processing permit amendments that
21the
department has determined are minor as defined in regulation
22or fifteen thousand dollars ($15,000) for processing permit
23amendments that the department has determined are major as
24defined in regulation.
25(d) (1) If the permit or amendment application fee paid pursuant
26to subdivision (c) is determined by the department to be insufficient
27to complete permitting work due to the complexity of a project or
28the potential effects of a project, the department shall collect an
29additional fee of up to ten thousand dollars ($10,000) from the
30permittee to pay for its estimated costs. Upon its determination,
31the department shall notify the permittee of the reasons why an
32additional fee is necessary and the estimated amount of the
33additional fee.
34(2) The additional fee collected pursuant to paragraph (1) shall
35not exceed an amount that, when added to the fee paid pursuant
36
to subdivision (c), equals thirty-five thousand dollars ($35,000).
37The department shall collect the additional fee before a final
38decision on the application by the department.
39(e) (1) For an application submitted to the department pursuant
40to this article on or after the effective date of this section, the
P48 1department shall collect the permit application fee at the time the
2permit application is submitted. The department shall not deem
3the application complete until it has collected the permit application
4fee. A permit application submitted or deemed complete prior to
5the effective date of this section shall not be subject to fees
6established pursuant to this section.
7(2) If a permit or amendment application is withdrawn within
830 days after paying the permit or amendment application fee, the
9department shall refund any unused portion of the fee to the
10
permittee.
11(3) If a permit or amendment application is withdrawn after 30
12days of paying the permit or amendment application fee, the
13department shall not refund any portion of the fee to the permittee.
14(f) (1) The department shall adjust the fees in this section
15pursuant to Section 713.
16(2) The Legislature finds that all revenues generated under this
17section and used for the purposes for which they were imposed
18are not subject to Article XIII B of the California Constitution.
19(3) The department, at least every five years, shall analyze
20application fees pursuant to Section 713 to ensure the appropriate
21fee amounts are charged.
22(g) Fees paid to
the department pursuant to this section shall be
23deposited in the Endangered Species Permitting Account, which
24is hereby established in the Fish and Game Preservation Fund.
25Notwithstanding Section 2098, funds in the account shall be
26available to the department, upon appropriation by the Legislature,
27for the purposes of administering and implementing this chapter,
28except that fee moneys collected pursuant to this section shall only
29be used for the purposes of this article.
Section 2942 of the Fish and Game Code is amended
31to read:
(a) (1) The secretary, in consultation and coordination
33with the authority, shall lead the Salton Sea restoration efforts that
34shall include all of the following:
35(A) Early start habitat demonstration projects.
36(B) Biological investigations relating to the restoration of the
37Salton Sea.
38(C) Investigations of water quality, sedimentation, and inflows
39relating to the restoration of the Salton Sea.
P49 1(D) Air quality investigations, in consultation and coordination
2with local and regional air quality agencies, relating to the
3restoration of the Salton
Sea.
4(E) Geotechnical investigations relating to the restoration of the
5Salton Sea.
6(F) Financial assistance grant programs to support restoration
7activities of local stakeholders.
8(2) Nothing in this article shall alter any state responsibility
9under the Quantification Settlement Agreement or the state’s
10authority to carry out any responsibility under the Quantification
11Settlement Agreement.
12(3) (A) To the extent that funding is appropriated to the
13department for Salton Sea restoration activities, the Department
14of Water Resources, in coordination and under agreement with the
15department, may undertake restoration efforts identified in this
16subdivision.
17(B) The
department and the Department of Water Resources
18shall do all of the following for the Salton Sea Species
19Conservation Habitat Project:
20(i) Immediately make available relevant information relating to
21the factors that influence the cost and size of the alternatives
22discussed in the environmental impact report or environmental
23impact statement for the species habitat conservation program.
24(ii) Release all available detail on a final project design
25immediately, or upon final determination of a least environmentally
26damaging preferred alternative by the United States Army Corps
27of Engineers. Details of a final project design shall include location,
28configuration, size, and cost.
29(iii) Immediately make available project evaluation protocols
30that include the following principles of adaptive management:
31(I) Goals and objectives of the project.
32(II) The project design and an operations plan.
33(III) A monitoring plan that will include metrics that identify
34benefits to the species.
35(IV) A performance evaluation based on species population
36identified through monitoring.
37(V) A decisionmaking framework to evaluate project
38performance and guide operations and management changes.
P50 1(b) (1) The authority may lead a feasibility study, in
2coordination and under contract with the secretary, to do the
3following:
4(A) Investigate access and utility agreements
that may contribute
5to the future funding of restoration activities at the Salton Sea.
6(B) Analyze all feasible funding sources for restoration program
7components and activities.
8(C) Analyze economic development opportunities, including,
9but not limited to, renewable energy, biofuels, mineral
10development, and algae production for the purposes of identifying
11new revenue sources for the Salton Sea restoration efforts.
12(D) Identify state procurement and royalty sharing opportunities.
13(E) Review existing long-term plans for restoration of the Salton
14Sea and recommend to the secretary changes to existing restoration
15plans. In any review pursuant to this subparagraph, the authority
16shall consider the impacts of the restoration plan on air quality,
17fish and
wildlife habitat, water quality, and the technical and
18financial feasibility of the restoration plan and shall consider the
19impacts on other agencies responsible for air quality, endangered
20species, and other environmental mitigation requirements for
21implementation of the Quantification Settlement Agreement.
22(2) No evaluation, study, review, or other activity pursuant to
23this article shall delay the planning and implementation of ongoing
24and planned restoration or mitigation projects, including, but not
25limited to, the Salton Sea Species Conservation Habitat Project or
26other measures pursuant to existing state and federal programs and
27agreements.
28(c) Notwithstanding any other law, the Department of Water
29Resources is authorized to use design-build procurement authority
30for projects constructed at
the Salton Sea in accordance with Article
316 (commencing with Section 10187) of Chapter 1 of Part 2 of
32Division 2 of the Public Contract Code.
Section 12008.1 is added to the Fish and Game Code,
34to read:
(a) Notwithstanding Section 12002 or 12008, the
36punishment for any violation of Section 2080 or 2085 is a fine of
37not less than twenty-five thousand dollars ($25,000) or more than
38fifty thousand dollars ($50,000) for each violation or imprisonment
39in the county jail for not more than one year, or by both that fine
40and imprisonment.
P51 1(b) Notwithstanding any other law, the moneys collected from
2any fine or forfeiture imposed or collected for violating Chapter
31.5 (commencing with Section 2050) of Division 3 shall be
4deposited as follows:
5(1) One-half in the Endangered Species Permitting Account
6established pursuant to Section 2081.2.
7(2) One-half in the county treasury of the county in which the
8violation occurred. The board of supervisors shall first use revenues
9pursuant to this subdivision to reimburse the costs incurred by the
10district attorney or city attorney in investigating and prosecuting
11the violation. Any excess revenues may be expended in accordance
12with Section 13103.
Section 12157 of the Fish and Game Code is amended
14to read:
(a) Except as provided in subdivision (b), the judge
16before whom any person is tried for a violation of any provision
17of this code, or regulation adopted pursuant thereto, may, upon
18the conviction of the person tried, order the forfeiture of any device
19or apparatus that is designed to be, or is capable of being, used to
20take birds, mammals, fish, reptiles, or amphibia and that was used
21in committing the offense charged.
22(b) The judge shall, if the offense is punishable under Section
2312008 or 12008.1 of this code or under subdivision (c) of Section
24597 of the Penal Code, order the forfeiture of any device or
25apparatus that is used in committing the offense,
including, but
26not limited to, any vehicle that is used or intended for use in
27delivering, importing, or exporting any unlawfully taken, imported,
28or purchased species.
29(c) (1) The judge may, for conviction of a violation of any of
30the following offenses, order forfeiture of any device or apparatus
31that is used in committing the offense, including, but not limited
32to, any vehicle used or intended for use in committing the offense:
33(A) Section 2000 relating to deer, elk, antelope, feral pigs,
34European wild boars, black bears, and brown or cinnamon bears.
35(B) Any offense that involves the sale, purchase, or possession
36of abalone for commercial purposes.
37(C) Any offense that involves the sale, purchase, or possession
38of sturgeon or
lobster, pursuant to Section 7370 or 8254.
39(D) Any offense that involves a violation of Section 12012.
40(E) A violation of subdivision (b) of Section 12013.
P52 1(2) In considering an order of forfeiture under this subdivision,
2the court shall take into consideration the nature, circumstances,
3extent, and gravity of the prohibited act committed, the degree of
4culpability of the violator, the property proposed for forfeiture,
5and other criminal or civil penalties imposed on the violator under
6other provisions of law for that offense. The court shall impose
7lesser forfeiture penalties under this subdivision for those acts that
8have little significant effect upon natural resources or the property
9of another and greater forfeiture penalties for those acts that may
10cause serious injury to natural resources or the property of
another,
11as determined by the court. In determining whether or not to order
12forfeiture of a vehicle, the court shall, in addition to any other
13relevant factor, consider whether the defendant is the owner of the
14vehicle and whether the owner of the vehicle had knowledge of
15the violation.
16(3) It is the intent of the Legislature that forfeiture not be ordered
17pursuant to this subdivision for minor or inadvertent violations,
18as determined by the court.
19(d) A judge shall not order the forfeiture of a vehicle under this
20section if there is a community property interest in the vehicle that
21is owned by a person other than the defendant and the vehicle is
22the only vehicle available to the defendant’s immediate family that
23may be operated on the highway with a class A, class B, or class
24C driver’s license.
25(e) Any device or
apparatus ordered forfeited shall be sold, used,
26or destroyed by the department.
27(f) (1) The proceeds from all sales under this section, after
28payment of any valid liens on the forfeited property, shall be paid
29into the Fish and Game Preservation Fund.
30(2) A lien in which the lienholder is a conspirator is not a valid
31lien for purposes of this subdivision.
32(g) The provisions in this section authorizing or requiring a
33judge to order the forfeiture of a device or apparatus also apply to
34the judge, referee, or juvenile hearing officer in a juvenile court
35action brought under Section 258 of the Welfare and Institutions
36Code.
37(h) For purposes of this section, a plea of nolo contendere or no
38contest, or forfeiture of bail, constitutes a
conviction.
39(i) Neither the disposition of the criminal action other than by
40conviction nor the discretionary refusal of the judge to order
P53 1forfeiture upon conviction impairs the right of the department to
2commence proceedings to order the forfeiture of fish nets or traps
3pursuant to Section 8630.
Section 12159.5 of the Fish and Game Code is
5amended to read:
The judge before whom any person is tried for a
7violation of a provision of this code that prohibits the taking of
8any endangered species, threatened species, or fully protected bird,
9mammal, reptile, amphibian, or fish, as specified by Sections 12008
10and 12008.1, may, in the court’s discretion and upon the conviction
11of that person, order the forfeiture of any proceeds resulting from
12the taking of the endangered species, threatened species, or fully
13protected bird, mammal, reptile, amphibian, or fish.
Section 52334 of the Food and Agricultural Code is
15repealed.
Section 52334 is added to the Food and Agricultural
17Code, to read:
The declaration of a plant, seed, nursery stock, or crop
19as invasive is a power reserved for the secretary.
Section 8670.48.3 of the Government Code is
21amended to read:
(a) Notwithstanding subparagraph (A) of paragraph
23(1) of subdivision (f) of Section 8670.48, a loan or other transfer
24of money from the fund to the General Fund or a special fund
25pursuant to the Budget Act that reduces the balance of the Oil Spill
26Response Trust Fund to less than or equal to 95 percent of the
27designated amount specified in subdivision (a) of Section 46012
28of the Revenue and Taxation Code shall not obligate the
29administrator to resume collection of the oil spill response fee
30otherwise required by this article, except that, for a General Fund
31loan or transfer, the administrator’s obligation is suspended only
32if both of the following conditions are met:
33(1) The annual Budget Act requires a transfer or loan from the
34fund to the General Fund to be repaid to the fund with interest
35calculated at a rate earned by the Pooled Money Investment
36Account as if the money had remained in the fund.
37(2) The annual Budget Act requires the General Fund transfers
38or loans to be repaid to the fund on or before June 30, 2019.
P54 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, 2019, and,
7as of January 1, 2020, is repealed, unless a later enacted statute,
8that becomes operative on or before January 1, 2020, deletes or
9extends the dates on which it becomes inoperative and is repealed.
Section 12812.2 of the Government Code is amended
11to read:
(a) One of the deputies to the Secretary for
13Environmental Protection shall be a deputy secretary for law
14enforcement and counsel, who, subject to the direction and
15supervision of the secretary, shall have the responsibility and
16authority to do all of the following:
17(1) Develop a program to ensure that the boards, departments,
18offices, and other agencies that implement laws or regulations
19within the jurisdiction of the California Environmental Protection
20Agency take consistent, effective, and coordinated compliance
21and enforcement actions to protect public health and the
22environment. The program shall include training and cross-training
23of inspection and enforcement personnel of those boards,
24departments, offices, or
other agencies to ensure consistent,
25effective, and coordinated enforcement.
26(2) (A) In consultation with the Attorney General, establish a
27cross-media enforcement unit to assist a board, department, office,
28or other agency that implements a law or regulation within the
29jurisdiction of the California Environmental Protection Agency,
30to investigate and prepare matters for enforcement action in order
31to protect public health and the environment. The unit may inspect
32and investigate a violation of a law or regulation within the
33jurisdiction of the board, department, office, or other agency,
34including a violation involving more than one environmental
35medium and a violation involving the jurisdiction of more than
36one board, department, office, or agency. The unit shall exercise
37its authority consistent with the authority
granted to the head of a
38department pursuant to Article 2 (commencing with Section 11180)
39of Chapter 2 of Part 1.
P55 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.
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.
Section 25150.7 of the Health and Safety Code is
30amended to read:
(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
P56 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,
P57 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
7
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
21â–¡ 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
25â–¡ 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
31â–¡ Wear appropriate eye protection to reduce the potential for eye
32injury from wood particles and flying debris during machining.
33
34â–¡ If preservative or sawdust accumulates on clothes, launder
35before reuse. Wash work clothes separately from other household
36clothing.
37
38â–¡ Promptly clean up and remove all sawdust and scraps and
39dispose of appropriately.
40
P58 1â–¡ Do not use treated wood under circumstances where
the
2preservative may become a component of food or animal feed.
3
4â–¡ Only use treated wood that’s visibly clean and free from surface
5residue for patios, decks, or walkways.
6
7â–¡ 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
11â–¡ Do not use treated wood for mulch.
12
13â–¡ 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.
19
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
P59 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
P60 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) On or before July 1, 2018, the department shall prepare, post
16on its Internet Web site, and provide to the appropriate policy
17committees of the Legislature, a comprehensive report on the
18compliance with, and implementation of, this section. The report
19shall include, but not be limited to, all of the following:
20(1) Data, and evaluation of that data, on the rates of compliance
21with this section and injuries associated with handling treated wood
22waste based on department inspections of treated wood waste
23generator sites and treated wood waste disposal facilities. To gather
24data to perform the required evaluation, the department shall do
25all of the following:
26(A) The department shall inspect representative treated wood
27waste generator sites and treated wood waste disposal facilities,
28which shall not to be less than 25 percent of each.
29(B) The department shall survey and otherwise seek information
30on how households are currently handling, transporting, and
31disposing of treated wood waste, including available information
32from household hazardous waste collection facilities, solid waste
33transfer facilities, solid waste disposal facility load check programs,
34and CUPAs.
35(C) The department shall, by survey or otherwise, seek data to
36determine whether sufficient information and convenient collection
37and disposal options are available to household generators of
38treated wood waste.
39(2) An evaluation of the adequacy of protective measures taken
40in tracking, handling, and disposing of treated wood waste.
P61 1(3) Data regarding the unauthorized disposal of treated wood
2waste at disposal facilities that have not been approved for that
3disposal.
4(4) Conclusions regarding the handling of treated wood waste.
5(5) Recommendations for changes to the handling of treated
6wood waste to ensure the protection of public health and the
7environment.
8(k) This section shall become inoperative on December 31,
92020, and, as of January 1, 2021, is repealed, unless a later
enacted
10statute, that becomes operative on or before January 1, 2021,
11deletes or extends the dates on which it becomes inoperative and
12is repealed.
Section 25150.84 of the Health and Safety Code is
14amended to read:
(a) The department is authorized to collect an annual
16fee from all metal shredding facilities that are subject to the
17requirements of this chapter or to the alternative management
18standards adopted pursuant to Section 25150.82. The department
19shall establish and adopt regulations necessary to administer this
20fee and to establish a fee schedule that is set at a rate sufficient to
21reimburse the department’s costs to implement this chapter as
22applicable to metal shredder facilities. The fee schedule established
23by the department may be updated periodically as necessary and
24shall provide for the assessment of no more than the reasonable
25and necessary costs of the department to implement this chapter,
26as applicable to metal shredder facilities.
27(b) The Controller
shall establish a separate subaccount in the
28Hazardous Waste Control Account. The fees collected pursuant
29to this section shall be deposited into the subaccount and be
30available for expenditure by the department upon appropriation
31by the Legislature.
32(c) A regulation adopted pursuant to this section may be adopted
33as an emergency regulation in accordance with Chapter 3.5
34(commencing with Section 11340) of Part 1 of Division 3 of Title
352 of the Government Code, and for the purposes of that chapter,
36including Section 11349.6 of the Government Code, the adoption
37of these regulations is an emergency and shall be considered by
38the Office of Administrative Law as necessary for the immediate
39preservation of the public peace, health, safety, and general welfare.
40Notwithstanding Chapter 3.5 (commencing with Section 11340)
P62 1of Part 1 of Division 3 of Title 2 of the Government Code, an
2emergency regulation adopted by the department pursuant to this
3section
shall be filed with, but not be repealed by, the Office of
4Administrative Law and shall remain in effect for a period of two
5years or until revised by the department, whichever occurs sooner.
6(d) (1) A metal shredding facility paying an annual fee in
7accordance with this section shall be exempt from the following
8fees as the fees pertain to metal shredding activities and the
9generation, handling, management, transportation, and disposal
10of metal shredder waste:
11(A) A fee imposed pursuant to Section 25205.7.
12(B) A disposal fee imposed pursuant to Section 25174.1.
13(C) A facility fee imposed pursuant to Section 25205.2.
14(D) A generator fee imposed pursuant to Section 25205.5.
15(E) A transportable treatment unit fee imposed pursuant to
16Section 25205.14.
17(2) A metal shredding facility is not exempt from the fees listed
18in paragraph (1) for any other hazardous waste the metal shredding
19facility generates and handles.
Section 25189.3 of the Health and Safety Code is
21amended to read:
(a) For purposes of this section, the term “permit”
23means a hazardous waste facilities permit, interim status
24authorization, or standardized permit.
25(b) The department shall suspend the permit of any facility for
26nonpayment of any facility fee assessed pursuant to Section
2725205.2 or activity fee assessed pursuant to Section 25205.7, if
28the operator of the facility is subject to the fee, and if the
29department or State Board of Equalization has certified in writing
30to all of the following:
31(1) The facility’s operator is delinquent in the payment of the
32fee for one or more reporting periods.
33(2) The department or State Board of Equalization has notified
34the facility’s operator of the delinquency.
35(3) (A) For a facility operator that elected to pay the flat activity
36fee rate pursuant subdivision (d) of Section 25205.7, as that section
37read on January 1, 2016, the operator has exhausted his or her
38administrative rights of appeal provided by Chapter 3 (commencing
39with Section 43151) of Part 22 of Division 2 of the Revenue and
40Taxation Code, and the State Board of Equalization has determined
P63 1that the operator is liable for the fee, or that the operator has failed
2to assert those rights.
3(B) For a facility operator that pays the activity fee under a
4reimbursement agreement with the department pursuant to
5subdivision (a) of Section 25205.7, the operator has exhausted the
6dispute resolution procedures adopted by the department pursuant
7to subparagraph (H) of paragraph (2) of subdivision (b) of Section
825206.2.
9(c) (1) The department shall suspend the permit of any facility
10for nonpayment of a penalty assessed upon the owner or operator
11for failure to comply with this chapter or the regulations adopted
12pursuant to this chapter, if the penalty has been imposed by a trial
13court judge or by an administrative hearing officer, if the person
14has agreed to pay the penalty pursuant to a written agreement
15resolving a lawsuit or an administrative order, or if the penalty has
16become final due to the person’s failure to respond to the lawsuit
17or order.
18(2) The department may suspend a permit pursuant to this
19subdivision only if the owner or operator is delinquent in the
20payment of the penalty and the department has notified the owner
21or operator of the delinquency pursuant to subdivision (d).
22(d) Before suspending a permit pursuant to this section, the
23department
shall notify the owner or operator of its intent to do
24so, and shall allow the owner or operator a minimum of 30 days
25in which to cure the delinquency.
26(e) The department may deny a new permit or refuse to renew
27a permit on the same grounds for which the department is required
28to suspend a permit under this section, subject to the same
29requirements and conditions.
30(f) (1) The department shall reinstate a permit that is suspended
31pursuant to this section upon payment of the amount due if the
32permit has not otherwise been revoked or suspended pursuant to
33any other provision of this chapter or regulation. Until the
34department reinstates a permit suspended pursuant to this section,
35if the facility stores, treats, disposes of, or recycles hazardous
36wastes, the facility shall be in violation of this chapter. If the
37operator of the facility subsequently pays the amount due, the
38period of time for which the operator shall have been in violation
39of this chapter shall be from the date of the activity that is in
P64 1violation until the day after the owner or operator submits the
2payment to the department.
3(2) Except as otherwise provided in this section, the department
4is not required to take any other statutory or regulatory procedures
5governing the suspension of the
permit before suspending a permit
6in compliance with the procedures of this section.
7(g) (1) A suspension under this section shall be stayed while
8an authorized appeal of the fee or penalty is pending before a court
9or an administrative agency.
10(2) For purposes of this subdivision, “an authorized appeal”
11means any appeal allowed pursuant to an applicable regulation or
12statute.
13(h) The department may suspend a permit under this section
14based on a failure to pay the required fee or penalty that
15commenced before January 1, 2002, if the failure to pay has been
16ongoing for at least 30 days following that date.
17(i) Notwithstanding Section 43651 of the Revenue and Taxation
18Code, the suspension of a permit pursuant to this section, the reason
19for the suspension, and any documentation supporting the
20suspension, shall be a matter of public record.
21(j) (1) This section does not authorize the department to suspend
22a permit held by a government agency if the agency does not
23dispute the payment but nonetheless is unable to process the
24payment in a timely manner.
25(2) This section does not apply to a site owned or operated by
26a federal
agency if the department has entered into an agreement
27with that federal agency regarding the remediation of that site.
28(k) This section does not limit or supersede Section 25186.
Section 25205.7 of the Health and Safety Code is
30amended to read:
(a) (1) A person who applies for, or requests, any
32of the following shall enter into a written agreement with the
33department pursuant to which that person shall reimburse the
34department, pursuant to Article 9.2 (commencing with Section
3525206.1), for the costs incurred by the department in processing
36the application or responding to the request:
37(A) A new hazardous waste facilities permit, including a
38standardized permit.
39(B) A hazardous waste facilities permit for postclosure.
P65 1(C) A renewal of an existing hazardous waste facilities permit,
2including a standardized permit or postclosure permit.
3(D) A class 2 or class 3 modification of
an existing hazardous
4waste facilities permit or grant of interim status, including a
5standardized permit or grant of interim status or a postclosure
6permit.
7(E) A variance.
8(F) A waste classification determination.
9(2) An agreement required pursuant to paragraph (1) shall
10provide for at least 25 percent of the reimbursement to be made
11in advance of the processing of the application or the response to
12the request. The 25-percent advance payment shall be based upon
13the department’s total estimated costs of processing the application
14or response to the request.
15(3) An agreement entered into pursuant to this section shall, if
16applicable, include costs of reviewing and overseeing corrective
17action as set forth in subdivision (b).
18(b) An applicant pursuant to paragraph (1) of subdivision (a)
19and the owner and the operator of the facility shall pay the
20department’s costs in reviewing and overseeing any corrective
21action program described in the application for a standardized
22permit pursuant to subparagraph (C) of paragraph (2) of subdivision
23(c) of Section 25201.6 or required pursuant to subdivision (b) of
24Section 25200.10, and in reviewing and overseeing any corrective
25action work undertaken at the facility pursuant to that corrective
26action program.
27(c) An applicant pursuant to paragraph (1) of subdivision (a)
28and the owner and the operator of the facility shall, pursuant to
29Section 21089 of the Public Resources Code, pay all costs incurred
30by the department for purposes of complying with the California
31Environmental Quality Act (Division 13 (commencing with Section
3221000) of the Public Resources Code), in conjunction with an
33application or request for any of the activities identified in
34subdivision (a), including any activities associated with correction
35action.
36(4) Paragraph (1) does not apply to projects that are exempt
37from the California Environmental Quality Act (Division 13
38(commencing with Section 21000) of the Public Resources Code).
P66 1(d) Any reimbursements received pursuant to this section shall
2be placed in the Hazardous Waste Control Account for
3appropriation in accordance with Section 25174.
4(e) Subdivision (a) does not apply to any variance granted
5pursuant to Article 4 (commencing with Section 66263.40) of
6Chapter 13 of Division 4.5 of Title 22 of the California Code of
7Regulations.
8(f) Subdivision (a) does not apply to any of the following:
9(1) Any variance issued to a public agency to transport wastes
10for purposes of operating a household hazardous waste collection
11facility, or to transport waste from a household hazardous waste
12collection facility, which receives household hazardous waste or
13hazardous waste from conditionally exempted small quantity
14generators pursuant to Article 10.8 (commencing with Section
1525218).
16(2) A permanent household hazardous waste collection facility.
17(3) Any variance issued to a public agency to conduct a
18collection program for agricultural wastes.
19(g) Fees imposed pursuant to this section shall be administered
20and collected by the department.
21(h) (1) The changes made in this section by the act that added
22this subdivision apply to applications and requests submitted to
23the department on and after April 1, 2016.
24(2) If, on and after April 1, 2016, an applicant has submitted an
25application and paid a fee pursuant to subdivision (d), as that
26subdivision read on April 1, 2016, but before the act that added
27this subdivision took effect, the department shall determine the
28difference between the amount paid by the applicant and the
29amount due pursuant to subdivision (a), and that applicant shall
30be liable for that amount.
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:
34(A) The department expends a substantial amount of time and
35resources in processing permit applications and modifications.
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.
P67 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.
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.
Section 25205.18 of the Health and Safety Code is
12amended to read:
(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 fee pursuant to Section 25205.2 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 the higher
22fee.
23(c) The department may require the facility to submit an
24application to modify its permit to provide for an allowable
25capacity.
26(d) A facility may reduce its allowable capacity below the
27amounts specified in subdivision (a) or (c) by submitting a
28certification signed by the owner or operator in which the owner
29or operator pledges that the facility will not handle hazardous waste
30at a capacity above the amount specified in the certification. In
31that case, the facility’s size for purposes of the annual facility fee
32pursuant to Section 25205.2 shall be based upon the capacity
33specified in the certification, until the certification is withdrawn.
34Exceeding the capacity limits specified in a certification that has
35not been withdrawn shall be a violation of the hazardous waste
36control law and may subject a facility or its operator to a penalty
37and corrective action as provided in this chapter.
38(e) This section shall have no bearing on the imposition of the
39annual postclosure facility fee.
Section 25205.19 of the Health and Safety Code is
2amended to read:
(a) If a facility has a permit or an interim status
4document which sets forth the facility’s type, pursuant to Section
525205.1, as either treatment, storage, or disposal, the facility’s
6type for purposes of the annual facility fee pursuant to Section
725205.2 shall be rebuttably presumed to be what is set forth in that
8permit or document.
9(b) If the facility’s type changes as a result of a permit or interim
10status modification, any change in the annual facility fee shall be
11effective the reporting period following the one in which the
12modification becomes effective.
13(c) If the facility’s permit or interim status document does not
14set forth its type, the department may require the facility to submit
15an application to modify the permit or interim status document to
16provide for a facility type.
17(d) A permit or interim status document may set forth more than
18one facility type or size. In accordance
with subdivision (d) of
19Section 25205.4, the facility shall be subject only to the highest
20applicable fee.
Section 25247 of the Health and Safety Code is
22amended to read:
(a) The department shall review each plan submitted
24pursuant to Section 25246 and shall approve the plan if it finds
25that the plan complies with the regulations adopted by the
26department and complies with all other applicable state and federal
27regulations.
28(b) The department shall not approve the plan until at least one
29of the following occurs:
30(1) The plan has been approved pursuant to Section 13227 of
31the Water Code.
32(2) Sixty days expire after the owner or operator of an interim
33status facility submits the plan to the department. If the department
34denies approval of a plan for an interim
status facility, this 60-day
35period shall not begin until the owner or operator resubmits the
36plan to the department.
37(3) The director finds that immediate approval of the plan is
38necessary to protect public health, safety, or the environment.
39(c) Any action taken by the department pursuant to this section
40is subject to Section 25204.5.
P69 1(d) (1) To the extent consistent with the federal act, the
2department shall impose the requirements of a hazardous waste
3facility postclosure plan on the owner or operator of a facility
4through the issuance of an enforcement order, entering into an
5enforceable agreement, or issuing a postclosure permit.
6(A) A hazardous waste facility postclosure plan imposed or
7modified pursuant to an enforcement
order, a permit, or an
8enforceable agreement shall be approved in compliance with the
9California Environmental Quality Act (Division 13 (commencing
10with Section 21000) of the Public Resources Code).
11(B) Before the department initially approves or significantly
12modifies a hazardous waste facility postclosure plan pursuant to
13this subdivision, the department shall provide a meaningful
14opportunity for public involvement, which, at a minimum, shall
15include public notice and an opportunity for public comment on
16the proposed action.
17(C) For the purposes of subparagraph (B), a “significant
18modification” is a modification that the department determines
19would constitute a class 3 permit modification if the change were
20being proposed to a hazardous waste facilities permit. In
21determining whether the proposed modification would constitute
22a class 3 modification, the department shall consider
the similarity
23of the modification to class 3 modifications codified in Appendix
24I of Chapter 20 (commencing with Section 66270.1) of Division
254.5 of Title 22 of the California Code of Regulations. In
26determining whether the proposed modification would constitute
27a class 3 modification, the department shall also consider whether
28there is significant public concern about the proposed modification,
29and whether the proposed change is so substantial or complex in
30nature that the modification requires the more extensive procedures
31of a class 3 permit modification.
32(2) This subdivision does not limit or delay the authority of the
33department to order any action necessary at a facility to protect
34public health or safety.
35(3) If the department imposes a hazardous waste facility
36postclosure plan in the form of an enforcement order or enforceable
37agreement, in lieu of issuing or renewing a
postclosure permit, the
38owner or operator who submits the plan for approval shall, at the
39time the plan is submitted, enter into a cost reimbursement
40agreement pursuant to Section 25205.7 and upon commencement
P70 1of the postclosure period shall pay the fee required by paragraph
2(9) of subdivision (c) of Section 25205.4. For purposes of this
3paragraph and paragraph (9) of subdivision (c) of Section 25205.4,
4the commencement of the postclosure period shall be the effective
5date of the postclosure permit, enforcement order, or enforceable
6agreement.
7(4) In addition to any other remedy available under state law to
8enforce a postclosure plan imposed in the form of an enforcement
9order or enforcement agreement, the department may take any of
10the following actions:
11(A) File an action to enjoin a threatened or continuing violation
12of a requirement of the enforcement order or agreement.
13(B) Require compliance with
requirements for corrective action
14or other emergency response measures that the department deems
15necessary to protect human health and the environment.
16(C) Assess or file an action to recover civil penalties and fines
17for a violation of a requirement of an enforcement order or
18agreement.
19(e) Subdivision (d) does not apply to a postclosure plan for
20which a final or draft permit has been issued by the department on
21or before December 31, 2003, unless the department and the facility
22mutually agree to replace the permit with an enforcement order or
23enforceable agreement pursuant to the provisions of subdivision
24(d).
25(f) (1) Except as provided in paragraphs (2) and (3), the
26department may only impose postclosure plan requirements through
27an enforcement order or an enforceable agreement pursuant to
28
subdivision (d) until January 1, 2009.
29(2) This subdivision does not apply to an enforcement order or
30enforceable agreement issued before January 1, 2009, or an order
31or agreement for which a public notice is issued on or before
32January 1, 2009.
33(3) This subdivision does not apply to the modification on or
34after January 1, 2009, of an enforcement order or enforceable
35agreement that meets the conditions in paragraph (2).
36(g) If the department determines that a postclosure permit is
37necessary to enforce a postclosure plan, the department may, at
38any time, rescind and replace an enforcement order or an
39enforceable agreement issued pursuant to this section by issuing
40a postclosure permit for the hazardous waste facility, in accordance
P71 1with the procedures specified in the department’s regulations for
2the issuance of postclosure permits.
3(h) Nothing in this section may be construed to limit or delay
4the authority of the department to order any action necessary at a
5facility to protect public health or safety, or the environment.
Section 25253.5 is added to the Health and Safety
7Code, to read:
The department shall revise its 2015-17 Priority
9Product Work Plan to include lead acid batteries for consideration
10and evaluation as a potential priority product.
Section 43011.3 is added to the Health and Safety
12Code, to read:
The state board may enter into agreements with
14private entities and receive, on behalf of the state, contributions
15from private sources in the form of equipment or money in order
16to expedite the processing of applications, resolutions, and
17executive orders pertaining to subdivisions (h) and (i) of Section
1827156 of the Vehicle Code. All moneys received pursuant to this
19section shall be separately accounted for and deposited in the Air
20Pollution Control Fund and shall be available, upon appropriation,
21to the state board for purposes of this section.
Section 100829 of the Health and Safety Code is
23amended to read:
The State Water Resources Control Board may do all
25of the following related to accrediting environmental laboratories
26in the state:
27(a) Offer both state accreditation and NELAP accreditation,
28which shall be considered equivalent for regulatory activities
29covered by this article.
30(b) Adopt regulations to establish the accreditation procedures
31for both types of accreditation.
32(c) Retain exclusive authority to grant NELAP accreditation.
33(d) Accept certificates of accreditation from laboratories that
34have been accredited by other NELAP-recognized accrediting
35authorities.
36(e) Adopt regulations to establish procedures for recognizing
37the accreditation of laboratories located outside California for
38activities regulated under this article.
39(f) (1) Adopt a schedule of fees to recover costs incurred for
40the accreditation of environmental laboratories. Consistent with
P72 1Section 3 of Article XIII A of the California Constitution, the board
2shall set the fees under this section in an amount sufficient to
3recover all reasonable regulatory costs incurred for the purposes
4of this article.
5(2) The board shall set the amount of total revenue collected
6each year through the fee schedule at an amount equal to the
7amount appropriated by the Legislature in the annual Budget Act
8from the Environmental Laboratory Improvement Fund for
9expenditure for the administration of this
article, taking into
10account the reserves in the Environmental Laboratory Improvement
11Fund. The board shall review and revise the fees each fiscal year
12as necessary to conform with the amounts appropriated by the
13Legislature. If the board determines that the revenue collected
14during the preceding year was greater than, or less than, the
15amounts appropriated by the Legislature, the board may further
16adjust the fees to compensate for the over or under collection of
17revenue.
18(3) The board shall adopt the schedule of fees by emergency
19regulation. The emergency regulations may include provisions
20concerning the administration and collection of the fees. Any
21emergency regulations adopted pursuant to this section, any
22amendment to those regulations, or subsequent adjustments to the
23annual fees, shall be adopted by the board in accordance with
24
Chapter 3.5 (commencing with Section 11340) of Part 1 of Division
253 of Title 2 of the Government Code. The adoption of these
26regulations is an emergency and shall be considered by the Office
27of Administrative Law as necessary for the immediate preservation
28of the public peace, health, safety, and general welfare.
29Notwithstanding Chapter 3.5 (commencing with Section 11340)
30of Part 1 of Division 3 of Title 2 of the Government Code, any
31emergency regulations adopted by the board, or adjustments to the
32annual fees made by the board pursuant to this section, are not
33subject to review by the Office of Administrative Law and remain
34in effect until revised by the board.
35(4) Fees shall be set for the two types of accreditation provided
36for in subdivision (a), including application fees.
37(5) Programs operated under this article shall be fully
38fee-supported.
Section 100860.1 of the Health and Safety Code is
40amended to read:
(a) At the time of application for ELAP certification
2and annually thereafter, from the date of the issuance of the
3certificate, a laboratory shall pay an ELAP certification fee,
4according to the fee schedule established by the State Water
5Resources Control Board pursuant to Section 100829.
6(b) State and local government-owned laboratories in California
7performing work only in a reference capacity as a reference
8laboratory are exempt from the payment of the fees prescribed
9pursuant to Section 100829.
10(c) In addition to the payment of fees authorized by Section
11100829, laboratories certified or applying for certification shall
12pay directly to the designated proficiency testing provider the cost
13of the proficiency testing study.
14(d) 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
17another governmental regulatory agency or another laboratory for
18confirmatory analysis.
Section 100862 of the Health and Safety Code is
20amended to read:
(a) At the time of application for NELAP accreditation
22and annually thereafter, from the date of the issuance of the
23accreditation, a laboratory shall pay a NELAP accreditation fee,
24according to the fee schedule established by the State Water
25Resources Control Board pursuant to Section 100829.
26(b) In addition to the payment of fees authorized by Section
27100829, laboratories accredited or applying for accreditation shall
28pay directly to the designated proficiency testing provider the cost
29of the proficiency testing studies.
Section 105206 of the Health and Safety Code is
31amended to read:
(a) A laboratory that performs cholinesterase testing
33on human blood drawn in California for an employer to enable the
34employer to satisfy his or her responsibilities for medical
35supervision of his or her employees who regularly handle pesticides
36pursuant to Section 6728 of Title 3 of the California Code of
37Regulations or to respond to alleged exposure to cholinesterase
38inhibitors or known exposure to cholinesterase inhibitors that
39resulted in illness shall report the information specified in
40subdivision (b) to the Department of Pesticide Regulation. Reports
P74 1shall be submitted to the Department of Pesticide Regulation on,
2at a minimum, a monthly basis. For the purpose of meeting the
3requirements in subdivision (d), the reports shall be submitted via
4electronic media and formatted in a manner approved by the
5director. The
Department of Pesticide Regulation shall share
6information from cholinesterase reports with the Office of
7Environmental Health Hazard Assessment (OEHHA) and the State
8Department of Public Health on an ongoing basis, in an electronic
9format, for the purpose of meeting the requirements of subdivisions
10(e) and (f).
11(b) The testing laboratory shall report all of the following
12information in its possession in complying with subdivision (a):
13(1) The test results in International Units per milliliter of sample
14(IU/mL).
15(2) The purpose of the test, including baseline or other periodic
16testing, pursuant to the requirements of Section 6728 of Title 3 of
17the California Code of Regulations, or evaluation of suspected
18pesticide illness.
19(3) The name of the person tested.
20(4) The date of birth of the person tested.
21(5) The name, address, and telephone number of the health care
22provider or medical supervisor who ordered the analysis.
23(6) The name, address, and telephone number of the analyzing
24laboratory.
25(7) The accession number of the specimen.
26(8) The date that the sample was collected from the patient and
27the date the result was reported.
28(9) Contact information for the person tested and his or her
29employer, if known and readily available.
30(c) The medical supervisor ordering the test for a person
31pursuant to subdivision (a) shall note in the test order the purpose
32of the test, pursuant to paragraph (2) of subdivision (b), and ensure
33that the person tested receives a copy of the cholinesterase test
34results and any recommendations from the medical supervisor
35within 14 days of the medical supervisor receiving the results.
36(d) All information reported pursuant to this section shall be
37confidential, as provided in Section 100330, except that the
38OEHHA, the Department of Pesticide Regulation, and the State
39Department of Public Health may share the information for the
40purpose of surveillance, case management, investigation,
P75 1environmental remediation, or abatement with the appropriate
2county agricultural commissioner and local health officer.
3(e) The OEHHA shall review the cholinesterase test results and
4may
provide an appropriate medical or toxicological consultation
5to the medical supervisor. In addition to the duties performed
6pursuant to Section 105210, the OEHHA, in consultation with the
7Department of Pesticide Regulation and the local health officer,
8may provide medical and toxicological consultation, as appropriate,
9to the county agricultural commissioner to address medical issues
10related to the investigation of cholinesterase inhibitor-related
11illness.
12(f) By December 31, 2015, the Department of Pesticide
13Regulation and the OEHHA, in consultation with the State
14Department of Public Health, shall prepare a report on the
15effectiveness of the medical supervision program and the utility
16of laboratory-based reporting of cholinesterase testing for illness
17surveillance and prevention. The joint report may include
18recommendations to the Legislature that the Department of
19Pesticide Regulation and the OEHHA deem necessary. The
20Department of Pesticide
Regulation and the OEHHA shall make
21the report publicly available on their Internet Web sites.
22(g) This section shall remain in effect only until January 1, 2019,
23and as of that date is repealed, unless a later enacted statute, that
24is enacted before January 1, 2019, deletes or extends that date.
Section 116590 of the Health and Safety Code, as
26added by Section 26 of
Chapter 24 of the Statutes of 2015, is
27amended to read:
(a) Funds received by the state board pursuant to this
29chapter shall be deposited into the Safe Drinking Water Account,
30which is hereby established, and shall be available for use by the
31state board, upon appropriation by the Legislature, for the purpose
32of providing funds necessary to administer this chapter. Funds in
33the Safe Drinking Water Account shall not be expended for any
34purpose other than as set forth in this chapter.
35(b) A public water system may collect a fee from its customers
36to recover the fees paid by the public water system pursuant to this
37chapter.
38(c) The total amount of funds received for state operations
39program costs to administer this chapter for fiscal year 2016-17
40shall not exceed thirty-eight million nine hundred seven thousand
P76 1dollars ($38,907,000) and the total amount of funds received for
2administering this chapter for each fiscal year thereafter shall not
3increase by more than 5 percent of the amount received in the
4previous fiscal year plus any changes to salary, benefit, and
5retirement adjustments contained in each annual Budget Act.
6(d) This section shall become operative on July 1, 2016.
Section 116681 of the Health and Safety Code is
8amended to read:
The following definitions shall apply to this section
10and Sections 116682 and 116684:
11(a) “Adequate supply” means sufficient water to meet residents’
12health and safety needs.
13(b) “Affected residence” means a residence reliant on a water
14supply that is either inadequate or unsafe.
15(c) “Consistently fails” means a failure to provide an adequate
16supply of safe drinking water.
17(d) “Consolidated water system” means the public water system
18resulting from the consolidation of a public water system with
19another public water system, state small water system, or affected
20residences not served by a
public water system.
21(e) “Consolidation” means joining two or more public water
22systems, state small water systems, or affected residences not
23served by a public water system, into a single public water system.
24(f) “Disadvantaged community” means a disadvantaged
25community, as defined in Section 79505.5 of the Water Code, that
26is in an unincorporated area or is served by either a mutual water
27company or a small public water system.
28(g) “Extension of service” means the provision of service
29through any physical or operational infrastructure arrangement
30other than consolidation.
31(h) “Receiving water system” means the public water system
32that provides service to a subsumed water system through
33consolidation or extension of service.
34(i) “Safe drinking water” means water that meets all primary
35and secondary drinking water standards.
36(j) “Small public water system” has the same meaning as
37provided
in subdivision (b) of Section 116395.
38(k) “Subsumed water system” means the public water system,
39state small water system, or affected residences not served by a
P77 1public water system consolidated into or receiving service from
2the receiving water system.
Section 10187.5 of the Public Contract Code is
4amended to read:
For purposes of this article, the following definitions
6and the definitions in subdivision (a) of Section 13332.19 of the
7Government Code shall apply:
8(a) “Best value” means a value determined by evaluation of
9objective criteria that relate to price, features, functions, life-cycle
10costs, experience, and past performance. A best value determination
11 may involve the selection of the lowest cost proposal meeting the
12interests of the department and meeting the objectives of the
13project, selection of the best proposal for a stipulated sum
14established by the procuring agency, or a tradeoff between price
15and other specified factors.
16(b) “Construction subcontract” means each subcontract awarded
17by the design-build entity to a
subcontractor that will perform work
18or labor or render service to the design-build entity in or about the
19construction of the work or improvement, or a subcontractor
20licensed by the State of California that, under subcontract to the
21design-build entity, specially fabricates and installs a portion of
22the work or improvement according to detailed drawings contained
23in the plans and specifications produced by the design-build team.
24(c) (1) “Department” means the Department of General Services
25and the Department of Corrections and Rehabilitation.
26(2) For the purposes of projects at the Salton Sea, “department”
27means the Department of Water Resources.
28(d) “Design-build” means a project delivery process in which
29both the design and construction of a project are procured from a
30single entity.
31(e) “Design-build entity” means a corporation, limited liability
32company, partnership, joint venture, or other legal entity that is
33able to provide appropriately licensed contracting, architectural,
34and engineering services as needed pursuant to a design-build
35contract.
36(f) “Design-build team” means the design-build entity itself and
37the individuals and other entities identified by the design-build
38entity as members of its team. Members shall include the general
39contractor and, if utilized in the design of the project, all electrical,
40mechanical, and plumbing contractors.
P78 1(g) (1) “Director” means, with respect to procurements
2undertaken by the Department of General Services, the Director
3of General Services or, with respect to procurements undertaken
4by the Department of Corrections and Rehabilitation, the secretary
5of that department.
6(2) For purposes of projects at the Salton Sea, “director” means
7the Director of Water Resources.
Section 10190 of the Public Contract Code is amended
9to read:
(a) The director shall notify the State Public Works
11Board regarding the method to be used for selecting the
12design-build entity, prior to advertising the design-build project.
13(b) Notwithstanding subdivision (a), for purposes of projects at
14the Salton Sea, the Director of Water Resources shall notify the
15California Water Commission regarding the method to be used for
16selecting the design-build entry, prior to advertising the
17design-build project.
Section 4629.6 of the Public Resources Code is
19amended to read:
Moneys deposited in the fund shall, upon appropriation
21by the Legislature, only be expended for the following purposes:
22(a) To reimburse the State Board of Equalization for its
23administrative costs associated with the administration, collection,
24audit, and issuance of refunds related to the lumber products and
25engineered wood assessment established pursuant to Section
264629.5.
27(b) To pay refunds issued pursuant to Part 30 (commencing
28with Section 55001) of Division 2 of the Revenue and Taxation
29Code.
30(c) To support the activities and costs of the department, the
31Department of Conservation, the Department of Fish and Wildlife,
32the State Water Resources
Control Board, and regional water
33quality control boards associated with the review of projects or
34permits necessary to conduct timber operations. On or after July
351, 2013, except for fees applicable for fire prevention or protection
36within state responsibility area classified lands or timber yield
37assessments, no currently authorized or required fees shall be
38charged by the agencies listed in this subdivision for activities or
39costs associated with the review of a project, inspection and
P79 1oversight of projects, and permits necessary to conduct timber
2operations of those departments and boards.
3(d) For transfer to the department’s Forest Improvement Program
4for forest resources improvement grants and projects administered
5by the department pursuant to Chapter 1 (commencing with Section
64790) and Chapter 2 (commencing with Section 4799.06) of Part
72.5.
8(e) To fund existing restoration grant programs, with priority
9given to the Fisheries Restoration Grant Program administered by
10the Department of Fish and Wildlife and grant programs
11administered by state conservancies.
12(f) (1) As a loan to the Department of Fish and Wildlife for
13activities to address environmental damage occurring on forest
14lands resulting from marijuana cultivation. Not more than five
15hundred thousand dollars ($500,000) may be loaned from the fund
16in a fiscal year pursuant to this paragraph. This paragraph shall
17become inoperative on July 1, 2017.
18(2) Any funds deposited into the fund pursuant to subdivision
19(d) or (f) of Section 12025 or subdivision (b), (c), (e), or (f) of
20Section 12025.1 of the Fish and Game Code shall be credited
21toward loan repayment.
22(3) Moneys from the General Fund shall not be used to repay
23a loan authorized pursuant to this subdivision.
24(g) To the department for fuel treatment grants and projects
25pursuant to authorities under the Wildland Fire Protection and
26Resources Management Act of 1978 (Article 1 (commencing with
27Section 4461) of Chapter 7).
28(h) To the department to provide grants to local agencies
29responsible for fire protection, qualified nonprofits, recognized
30tribes, local and state governments, and resources conservation
31districts, undertaken on a state responsibility area (SRA) or on
32wildlands not in an SRA that pose a threat to the SRA, to reduce
33the costs of wildland fire suppression, reduce greenhouse gas
34emissions, promote adaptation of forested landscapes to changing
35climate, improve forest health, and protect homes and communities.
36(i) To the Natural Resources Agency to provide a reasonable
37per diem for attendance at a meeting of the advisory body for the
38state’s forest practice program by
a member of the body who is
39not an employee of a government agency.
Section 4629.8 of the Public Resources Code is
2amended to read:
(a) Funds deposited in the fund shall be appropriated
4in accordance with the following priorities:
5(1) First priority shall be for funding associated with the
6administration and delivery of responsibilities identified in
7subdivisions (a) to (c), inclusive, of Section 4629.6.
8(2) Only after paragraph (1) is funded, the second priority shall
9be, if deposits are sufficient in future years to maintain the fund,
10by 2016, at a minimum reserve of four million dollars ($4,000,000),
11for use and appropriation by the Legislature in years during which
12revenues to the account are projected to fall short of the ongoing
13budget allocations for support of the activities identified in
14paragraph (1).
15(3) Only after paragraphs (1) and (2) are funded, the third
16priority shall be in support of activities designated in subdivisions
17(d) to (f), inclusive, of Section 4629.6.
18(4) Only after paragraphs (1) to (3), inclusive, are funded, the
19fourth priority shall be to support the activities designated in
20subdivisions (g) to (i), inclusive, of Section 4629.6.
21(b) Funds shall not be used to pay for or reimburse any
22requirements, including mitigation of a project proponent or
23applicant, as a condition of any permit.
Section 21191 of the Public Resources Code is
25amended to read:
(a) The California Environmental License Plate Fund,
27which supersedes the California Environmental Protection Program
28Fund, is continued in existence in the State Treasury, and consists
29of the moneys deposited in the fund pursuant to any provision of
30law. The Legislature shall establish the amount of fees for
31environmental license plates, which shall be not less than
32forty-eight dollars ($48) for the issuance or thirty-eight dollars
33($38) for the renewal of an environmental license plate.
34(b) The Controller shall transfer from the California
35Environmental License Plate Fund to the Motor Vehicle Account
36in the State Transportation Fund the amount appropriated by the
37Legislature for the reimbursement of costs incurred by
the
38Department of Motor Vehicles in performing its duties pursuant
39to Sections 5004, 5004.5, and 5022 and Article 8.5 (commencing
40with Section 5100) of Chapter 1 of Division 3 of the Vehicle Code.
P81 1The reimbursement from the California Environmental License
2Plate Fund shall only include those additional costs which are
3directly attributable to any additional duties or special handling
4necessary for the issuance, renewal, or retention of the
5environmental license plates.
6(c) The Controller shall transfer to the post fund of the Veterans’
7Home of California, established pursuant to Section 1047 of the
8Military and Veterans Code, all revenue derived from the issuance
9of prisoner of war special license plates pursuant to Section 5101.5
10of the Vehicle Code less the administrative costs of the Department
11of Motor Vehicles in that regard.
12(d) The Director of Motor Vehicles shall certify
the amounts of
13the administrative costs of the Department of Motor Vehicles in
14subdivision (c) to the Controller.
15(e) The balance of the moneys in the California Environmental
16License Plate Fund shall be available for expenditure only for the
17exclusive trust purposes specified in Section 21190, upon
18appropriation by the Legislature. However, all moneys derived
19from the issuance of commemorative 1984 Olympic reflectorized
20license plates in the California Environmental License Plate Fund
21shall be used only for capital outlay purposes.
22(f) All proposed appropriations for the program shall be
23summarized in a section in the Governor’s Budget for each fiscal
24year and shall bear the caption “California Environmental
25Protection Program.” The section shall contain a separate
26description of each project for which an appropriation is made.
27All of these appropriations shall be made to the
department
28performing the project and accounted for separately.
29(g) The budget the Governor presents to the Legislature pursuant
30to subdivision (a) of Section 12 of Article IV of the California
31Constitution shall include, as proposed appropriations for the
32California Environmental Protection Program, only projects and
33programs recommended for funding by the Secretary of the Natural
34Resources Agency pursuant to subdivision (a) of Section 21193.
35The Secretary of the Natural Resources Agency shall consult with
36the Secretary for Environmental Protection before making any
37recommendations to fund projects pursuant to subdivision (a) of
38Section 21190.
P82 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.
Section 21191 is added to the Public Resources Code,
5to read:
(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 directly
20attributable to any additional duties or special handling necessary
21for the issuance, renewal, or retention of the environmental license
22plates.
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
P83 1Governor’s Budget for each fiscal year and shall bear the caption
2“California Environmental Protection Program.” The section shall
3contain 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 pursuant
8to subdivision (a) of Section 12 of Article IV of the California
9Constitution shall include, as proposed appropriations for the
10California Environmental Protection Program, only projects and
11programs recommended for funding by the Secretary of the Natural
12Resources Agency pursuant to subdivision (a) of Section 21193.
13The Secretary of the Natural Resources Agency shall consult with
14the Secretary for Environmental Protection before making any
15recommendations to fund projects pursuant to subdivision (a) of
16Section 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 dates
21on which it becomes inoperative and is repealed.
Section 21191 is added to the Public Resources Code,
23to read:
(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 directly
38attributable to any additional duties or special handling necessary
39for the issuance, renewal, or retention of the environmental license
40plates.
P84 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 shall
21contain 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 pursuant
26to subdivision (a) of Section 12 of Article IV of the California
27Constitution shall include, as proposed appropriations for the
28California Environmental Protection Program, only projects and
29programs recommended for funding by the Secretary of the Natural
30Resources Agency pursuant to subdivision (a) of Section 21193.
31The Secretary of the Natural Resources Agency shall consult with
32the Secretary for Environmental Protection before making any
33recommendations to fund projects pursuant to subdivision (a) of
34Section 21190.
35(h) This section shall become operative on July 1, 2017.
The heading of Chapter 6.5 (commencing with
37Section 25550) of Division 15 of the Public Resources Code is
38repealed.
Chapter 6.5 (commencing with Section 25550) is
40added to Division 15 of the Public Resources Code, to read:
For purposes of this chapter, the following definitions
6apply:
7(a) “Buyer of natural gas” means a gas corporation, local
8publicly owned gas utility, noncore gas customer, or core transport
9agent.
10(b) “Core transport agent” has the same meaning as set forth in
11subdivision (b) of Section 980 of the Public Utilities Code.
12(c) “Division” means the Division of Oil, Gas, and Geothermal
13Resources.
14(d) “Gas corporation” has the same meaning as set forth in
15Section 222 of the Public Utilities Code.
16(e) “Natural
gas infrastructure” means a natural gas facility used
17for the production, gathering and boosting, processing,
18transmission, storage, or distribution necessary for the delivery of
19natural gas to end-use customers in California.
20(f) “Noncore gas customer” means an entity that procures
21directly from natural gas producers or natural gas marketers and
22is not a gas corporation or local publicly owned gas utility.
23(g) “Procure” means to acquire through ownership or contract.
24(h) “Tracking” means using a system that communicates the
25pathway of a given volume of natural gas from its initial production
26to its delivery to end-use customers in this state.
27
(a) Not later than September 15, 2017, the commission
31shall report to the respective budget committees of each house of
32the Legislature on the resources needed to develop a plan for
33tracking natural gas, and a recommendation for developing the
34plan, considering cost-effectiveness and efficacy. This report shall
35include the resources needed to do all of the following:
36(1) Collect data from natural gas participants to support the
37work described in subdivision (c). The commission shall consult
38with the State Air Resources Board to determine the most
39appropriate data to collect.
P86 1(2) Consider participation in, or formation of, interstate and
2federal working groups, compacts, or
agreements.
3(3) Establish methods to ensure natural gas tracking data
4reporting compliance by buyers of natural gas, and natural gas
5producers, marketers, storers, and transporters.
6(4) Provide data collected pursuant to paragraph (1) to the State
7Air Resources Board to support the implementation of Section
839731 of the Health and Safety Code.
9(b) In the consideration of the report pursuant to subdivision
10(a), the commission consult with, and receive information from,
11stakeholders, including, but not limited to, the Public Utilities
12Commission, the United States Environmental Protection Agency,
13the United States Department of Energy, the State Air Resources
14Board, the division, the Federal Energy Regulatory Commission,
15the United States Department of Transportation Office of Pipeline
16Safety, appropriate agencies in
states where gas consumed in
17California is produced, gathered and boosted, processed,
18transmitted, stored, or distributed, representatives of the oil and
19gas industry, and independent experts from academia and
20nongovernmental organizations.
21(c) The State Air Resources Board, in consultation with the
22commission, shall develop a model of fugitive and vented
23emissions of methane from natural gas infrastructure. The model
24shall do all of the following:
25(1) Quantify emissions from specific natural gas infrastructure.
26(2) Incorporate the current condition and current management
27practices of specific natural gas infrastructure.
28(3) Incorporate natural gas industry best management practices
29established by the Public Utilities Commission pursuant to section
30975
of the Public Utilities Code for gas corporations, by the United
31States Environmental Protection Agency, by the division, and by
32other relevant entities.
Section 43053 of the Revenue and Taxation Code is
34amended to read:
The fees imposed pursuant to Sections 25205.2,
3625205.5, and 25205.14 of the Health and Safety Code shall be
37administered and collected by the board in accordance with this
38part.
Section 43152.10 of the Revenue and Taxation Code
40 is amended to read:
The fees collected and administered under Sections
243053 and 43054 are due and payable within 30 days after the date
3of assessment and the feepayer shall deliver a remittance of the
4amount of the assessed fee to the office of the board within that
530-day period.
Section 5106 of the Vehicle Code is amended to read:
(a) In addition to the regular registration fee or a
8permanent trailer identification fee, the applicant shall be charged
9a fee of forty-eight dollars ($48) for issuance of environmental
10license plates.
11(b) In addition to the regular renewal fee or a permanent trailer
12identification fee for the vehicle to which the plates are assigned,
13the applicant for a renewal of environmental license plates shall
14be charged an additional fee of thirty-eight dollars ($38). An
15applicant with a permanent trailer identification plate shall be
16charged an annual fee of thirty-eight dollars ($38) for renewal of
17environmental license plates. However, applicants for renewal of
18prisoner-of-war special license plates issued under Section 5101.5
19shall not be charged the additional
renewal fee under this
20subdivision.
21(c) When payment of renewal fees is not required as specified
22in Section 4000, the holder of any environmental license plate may
23retain the plate upon payment of an annual fee of thirty-eight
24dollars ($38). The fee shall be due at the expiration of the
25registration year of the vehicle to which the environmental license
26plate was last assigned. However, applicants for retention of
27prisoner-of-war special license plates issued under Section 5101.5
28shall not be charged the additional retention fee under this
29subdivision.
30(d) Notwithstanding Section 9265, the applicant for a duplicate
31environmental license plate shall be charged a fee of thirty-eight
32dollars ($38).
33(e) This section shall remain in effect
only until January 1, 2017,
34and as of that date is repealed, unless a later enacted statute, that
35is enacted before January 1, 2017, deletes or extends that date.
Section 5106 is added to the Vehicle Code, to read:
(a) In addition to the regular registration fee or a
38permanent trailer identification fee, the applicant shall be charged
39a fee of forty-eight dollars ($48) for issuance of environmental
40license plates.
P88 1(b) In addition to the regular renewal fee or a permanent trailer
2identification fee for the vehicle to which the plates are assigned,
3the applicant for a renewal of environmental license plates shall
4be charged an additional fee of forty-three dollars ($43). An
5applicant with a permanent trailer identification plate shall be
6charged an annual fee of forty-three dollars ($43) for renewal of
7environmental license plates. However, applicants for renewal of
8prisoner-of-war special license plates issued under Section 5101.5
9shall not be charged the
additional renewal fee under this
10subdivision.
11(c) When payment of renewal fees is not required as specified
12in Section 4000, the holder of any environmental license plate may
13retain the plate upon payment of an annual fee of forty-three dollars
14($43). The fee shall be due at the expiration of the registration year
15of the vehicle to which the environmental license plate was last
16assigned. However, applicants for retention of prisoner-of-war
17special license plates issued under Section 5101.5 shall not be
18charged the additional retention fee under this subdivision.
19(d) Notwithstanding Section 9265, the applicant for a duplicate
20environmental license plate shall be charged a fee of forty-three
21dollars ($43).
22(e) This section shall become operative on January 1, 2017,
23shall become inoperative on July 1, 2017, and as of
January 1,
242018, is repealed, unless a later enacted statute, that becomes
25operative on or before January 1, 2018, deletes or extends the dates
26on which it becomes inoperative and is repealed.
Section 5106 is added to the Vehicle Code, to read:
(a) In addition to the regular registration fee or a
29permanent trailer identification fee, the applicant shall be charged
30a fee of fifty-three dollars ($53) for issuance of environmental
31license plates.
32(b) In addition to the regular renewal fee or a permanent trailer
33identification fee for the vehicle to which the plates are assigned,
34the applicant for a renewal of environmental license plates shall
35be charged an additional fee of forty-three dollars ($43). An
36applicant with a permanent trailer identification plate shall be
37charged an annual fee of forty-three dollars ($43) for renewal of
38environmental license plates. However, applicants for renewal of
39prisoner-of-war special license plates issued under Section 5101.5
P89 1shall not be charged the
additional renewal fee under this
2subdivision.
3(c) When payment of renewal fees is not required as specified
4in Section 4000, the holder of any environmental license plate may
5retain the plate upon payment of an annual fee of forty-three dollars
6($43). The fee shall be due at the expiration of the registration year
7of the vehicle to which the environmental license plate was last
8assigned. However, applicants for retention of prisoner-of-war
9special license plates issued under Section 5101.5 shall not be
10charged the additional retention fee under this subdivision.
11(d) Notwithstanding Section 9265, the applicant for a duplicate
12environmental license plate shall be charged a fee of forty-three
13dollars ($43).
14(e) This section shall become operative on July 1, 2017.
Section 5108 of the Vehicle Code is amended to read:
(a) Whenever any person who has been issued
17environmental license plates applies to the department for transfer
18of the plates to another passenger vehicle, commercial motor
19vehicle, trailer, or semitrailer, a transfer fee of thirty-eight dollars
20($38) shall be charged in addition to all other appropriate fees.
21(b) This section shall remain in effect only until January 1, 2017,
22and as of that date is repealed, unless a later enacted statute, that
23is enacted before January 1, 2017, deletes or extends that date.
Section 5108 is added to the Vehicle Code, to read:
(a) Whenever any person who has been issued
26environmental license plates applies to the department for transfer
27of the plates to another passenger vehicle, commercial motor
28vehicle, trailer, or semitrailer, a transfer fee of forty-three dollars
29($43) shall be charged in addition to all other appropriate fees.
30(b) This section shall become operative on January 1, 2017.
Section 1430 of the Water Code is amended to read:
A temporary permit issued under this chapter shall not
33result in the creation of a vested right, even of a temporary nature,
34but shall be subject at all times to modification or revocation in
35the discretion of the board. The authorization to divert and use
36water under a temporary permit shall automatically expire 180
37days after the authorization takes effect, unless an earlier date is
38specified or the temporary permit is revoked. The 180-day period
39does not include any time required for monitoring, reporting, or
40mitigation before or after the authorization to divert or use water
P90 1under the temporary permit. If the temporary permit authorizes
2diversion to storage, the 180-day period is a limitation on the
3authorization to divert and not a limitation on the
authorization
4for beneficial use of water diverted to storage.
Section 1440 of the Water Code is amended to read:
A temporary change order issued under this chapter shall
7not result in the creation of a vested right, even of a temporary
8nature, but shall be subject at all times to modification or revocation
9in the discretion of the board. The authorization to divert and use
10water under a temporary change order shall automatically expire
11180 days after the authorization takes effect, unless an earlier date
12is specified or the temporary change order is revoked. The 180-day
13period does not include any time required for monitoring, reporting,
14or mitigation before or after the authorization to divert or use water
15under the temporary change order. If the temporary change order
16authorizes diversion to storage, the 180-day period is a limitation
17on the authorization to divert and not a
limitation on the
18authorization for beneficial use of water diverted to storage.
Section 13205 of the Water Code is amended to read:
Each member of a regional board shall receive two
21hundred fifty dollars ($250) for each day during which that member
22is engaged in the performance of official duties. The performance
23of official duties includes, but is not limited to, reviewing agenda
24materials for no more than one day in preparation for each regional
25board meeting. The total compensation received by members of
26all of the regional boards shall not exceed, in any one fiscal year,
27the sum of three hundred seventy-eight thousand two hundred fifty
28dollars ($378,250). A member may decline compensation. In
29addition to the compensation, each member shall be reimbursed
30for necessary traveling and other expenses incurred in the
31performance of official duties.
Section 79717 is added to the Water Code, to read:
(a) On or before January 10, 2017, and annually on or
34before each January 10 thereafter, the Natural Resources Agency
35shall submit to the relevant fiscal and policy committees of the
36Legislature and to the Legislative Analyst’s Office a report that
37contains all of the following information relating to this division
38for the previous fiscal year with the information summarized by
39section of this division:
40(1) Funding appropriations and encumbrances.
P91 1(2) Summary of new projects funded.
2(3) Summary of projects completed.
3(4) Discussion of progress towards
meeting the metrics of
4success established pursuant to Section 79716.
5(5) Discussion of common challenges experienced by state
6agencies and recipients of funding in executing projects.
7(6) Discussion of major accomplishments and successes
8experienced by state agencies and recipients of funding in executing
9projects.
10(b) This section shall remain in effect only until January 1,
112022, and as of that date is repealed, unless a later enacted statute,
12that is enacted before January 1, 2022, deletes or extends that date.
Section 258 of the Welfare and Institutions Code is
14amended to read:
(a) Upon a hearing conducted in accordance with Section
16257, and upon either an admission by the minor of the commission
17of a violation charged, or a finding that the minor did in fact
18commit the violation, the judge, referee, or juvenile hearing officer
19may do any of the following:
20(1) Reprimand the minor and take no further action.
21(2) Direct that the probation officer undertake a program of
22supervision of the minor for a period not to exceed six months, in
23addition to or in place of the following orders.
24(3) Order that the minor pay a fine up to the amount that an
25adult would pay for the same violation, unless the violation is
26
otherwise specified within this section, in which case the fine shall
27not exceed two hundred fifty dollars ($250). This fine may be
28levied in addition to or in place of the following orders and the
29court may waive any or all of this fine, if the minor is unable to
30pay. In determining the minor’s ability to pay, the court shall not
31consider the ability of the minor’s family to pay.
32(4) Subject to the minor’s right to a restitution hearing, order
33that the minor pay restitution to the victim, in lieu of all or a portion
34of the fine specified in paragraph (3). The total dollar amount of
35the fine, restitution, and any program fees ordered pursuant to
36paragraph (9) shall not exceed the maximum amount which may
37be ordered pursuant to paragraph (3). This paragraph shall not be
38construed to limit the right to recover damages, less any amount
39actually paid in restitution, in a civil action.
P92 1(5) Order that the driving privileges of the minor be suspended
2or restricted as provided in the Vehicle Code or, notwithstanding
3Section 13203 of the Vehicle Code or any other provision of law,
4when the Vehicle Code does not provide for the suspension or
5restriction of driving privileges, that, in addition to any other order,
6the driving privileges of the minor be suspended or restricted for
7a period of not to exceed 30 days.
8(6) In the case of a traffic related offense, order the minor to
9attend a licensed traffic school, or other court approved program
10of traffic school instruction pursuant to Chapter 1.5 (commencing
11with Section 11200) of Division 5 of the Vehicle Code, to be
12completed by the juvenile within 60 days of the court order.
13(7) Order that the minor produce satisfactory evidence that the
14vehicle or its equipment has been made to conform with the
15
requirements of the Vehicle Code pursuant to Section 40150 of
16the Vehicle Code if the violation involved an equipment violation.
17(8) Order that the minor perform community service work in a
18public entity or any private nonprofit entity, for not more than 50
19hours over a period of 60 days, during times other than his or her
20hours of school attendance or employment. Work performed
21pursuant to this paragraph shall not exceed 30 hours during any
2230-day period. The timeframes established by this paragraph shall
23not be modified except in unusual cases where the interests of
24justice would best be served. When the order to work is made by
25a referee or a juvenile hearing officer, it shall be approved by a
26judge of the juvenile court.
27For purposes of this paragraph, a judge, referee, or juvenile
28hearing officer shall not, without the consent of the minor, order
29the minor to perform work with a private nonprofit
entity that is
30affiliated with any religion.
31(9) In the case of a misdemeanor, order that the minor participate
32in and complete a counseling or educational program, or, if the
33offense involved a violation of a controlled substance law, a drug
34treatment program, if those programs are available. Fees for
35participation shall be subject to the right to a hearing as the minor’s
36ability to pay and shall not, together with any fine or restitution
37order, exceed the maximum amount that may be ordered pursuant
38to paragraph (3).
39(10) Require that the minor attend a school program without
40unexcused absence.
P93 1(11) If the offense is a misdemeanor committed between 10
2p.m. and 6 a.m., require that the minor be at his or her legal
3residence at hours to be specified by the juvenile hearing officer
4between the hours of 10 p.m. and 6
a.m., except for a medical or
5other emergency, unless the minor is accompanied by his or her
6parent, guardian, or other person in charge of the minor. The
7maximum length of an order made pursuant to this paragraph shall
8be six months from the effective date of the order.
9(12) Make any or all of the following orders with respect to a
10violation of the Fish and Game Code which is not charged as a
11felony:
12(A) That the fishing or hunting license involved be suspended
13or restricted.
14(B) That the minor work in a park or conservation area for a
15total of not to exceed 20 hours over a period not to exceed 30 days,
16during times other than his or her hours of school attendance or
17employment.
18(C) That the minor forfeit, pursuant to Section 12157 of the Fish
19and Game
Code, any device or apparatus designed to be, and
20capable of being, used to take birds, mammals, fish, reptiles, or
21amphibia and that was used in committing the violation charged.
22The judge, referee, or juvenile hearing officer shall, if the minor
23committed an offense that is punishable under Section 12008 or
2412008.1 of the Fish and Game Code, order the device or apparatus
25forfeited pursuant to Section 12157 of the Fish and Game Code.
26(13) If the violation charged is of an ordinance of a city, county,
27or local agency relating to loitering, curfew, or fare evasion on a
28public transportation system, as defined by Section 99211 of the
29Public Utilities Code, or is a violation of Section 640 or 640a of
30the Penal Code, make the order that the minor shall perform
31community service for a total time not to exceed 20 hours over a
32period not to
exceed 30 days, during times other than his or her
33hours of school attendance or employment.
34(b) If the minor is before the court on the basis of truancy, as
35described in subdivision (b) of Section 601, all of the following
36procedures and limitations shall apply:
37(1) The judge, referee, or juvenile hearing officer shall not
38proceed with a hearing unless both of the following have been
39provided to the court:
P94 1(A) Evidence that the minor’s school has undertaken the actions
2specified in subdivisions (a), (b), and (c) of Section 48264.5 of the
3Education Code. If the school district does not have an attendance
4review board, as described in Section 48321 of the Education Code,
5the minor’s school is not required to provide evidence to the court
6of any actions the school has undertaken that demonstrate the
7intervention of a
school attendance review board.
8(B) The available record of previous attempts to address the
9minor’s truancy.
10(2) The court is encouraged to set the hearing outside of school
11hours, so as to avoid causing the minor to miss additional school
12time.
13(3) Pursuant to paragraph (1) of subdivision (a) of Section 257,
14the minor and his or her parents shall be advised of the minor’s
15right to refuse consent to a hearing conducted upon a written notice
16to appear.
17(4) The minor’s parents shall be permitted to participate in the
18hearing.
19(5) The judge, referee, or juvenile hearing officer may continue
20the hearing to allow the minor the opportunity to demonstrate
21improved attendance before imposing any
of the orders specified
22in paragraph (6). Upon demonstration of improved attendance, the
23court may dismiss the case.
24(6) Upon a finding that the minor violated subdivision (b) of
25Section 601, the judge, referee, or juvenile hearing officer shall
26direct his or her orders at improving the minor’s school attendance.
27The judge, referee, or juvenile hearing officer may do any of the
28following:
29(A) Order the minor to perform community service work, as
30described in Section 48264.5 of the Education Code, which may
31be performed at the minor’s school.
32(B) Order the payment of a fine by the minor of not more than
33fifty dollars ($50), for which a parent or legal guardian of the minor
34may be jointly liable. The fine described in this subparagraph shall
35not be subject to Section 1464 of the Penal Code or additional
36penalty
pursuant to any other law. The minor, at his or her
37discretion, may perform community service, as described in
38subparagraph (A), in lieu of any fine imposed under this
39subparagraph.
P95 1(C) Order a combination of community service work described
2in subparagraph (A) and payment of a portion of the fine described
3in subparagraph (B).
4(D) Restrict driving privileges in the manner set forth in
5paragraph (5) of subdivision (a). The minor may request removal
6of the driving restrictions if he or she provides proof of school
7attendance, high school graduation, GED completion, or enrollment
8in adult education, a community college, or a trade program. Any
9driving restriction shall be removed at the time the minor attains
1018 years of age.
11(c) (1) The judge, referee, or juvenile hearing officer shall retain
12
jurisdiction of the case until all orders made under this section
13have been fully complied with.
14(2) If a minor is before the judge, referee, or juvenile hearing
15officer on the basis of truancy, jurisdiction shall be terminated
16upon the minor attaining 18 years of age.
Section 11 of Chapter 2 of the Statutes of 2009,
18Seventh Extraordinary Session, is amended to read:
(a) (1) Except as provided in paragraph (2),
20commencing with the 2010-11 fiscal year, and notwithstanding
21Section 13340 of the Government Code, three million seven
22hundred fifty thousand dollars ($3,750,000) is hereby continuously
23appropriated, without regard to fiscal years, on an annual basis,
24only from the fee revenue in the Water Rights Fund to the State
25Water Resources Control Board for the purposes of funding 25.0
26permanent water right enforcement positions, as provided in
27Schedule (2) of Item 3940-001-0439 of Section 2.00 of the Budget
28Act of 2009, as amended by
Chapter 2 of the Seventh Extraordinary
29Session of the Statutes of 2009.
30(2) This subdivision makes appropriations, on an annual basis,
31only for the fiscal years commencing with the 2010-11 fiscal year
32and through the 2015-16 fiscal year. Annual appropriations made
33under this subdivision are available for encumbrance only until
34June 30, 2016, and appropriations encumbered under this
35subdivision are available for expenditure only until June 30, 2018.
36(b) Commencing with the 2016-17 fiscal year, and
37notwithstanding Section 13340 of the Government Code, three
38million seven hundred fifty thousand dollars ($3,750,000) is hereby
39appropriated, on an annual basis, only from the fee revenues in
40the Water Rights Fund to the State Water Resources Control Board
P96 1for the purposes of funding the 25.0 permanent water right
2enforcement positions described in
subdivision (a). Each annual
3appropriation shall be available for encumbrance only during the
4fiscal year of the appropriation and available for liquidation only
5during the fiscal year of that annual appropriation and the two
6fiscal years immediately following that fiscal year.
(a) On or before January 1, 2020, the Natural
8Resources Agency shall submit to the relevant fiscal and policy
9committees of the Legislature and to the Legislative Analyst’s
10Office a report summarizing lessons learned from the state’s
11response to the drought. The report shall compile information from
12the various state entities responsible for drought response activities,
13including, but not limited to, the State Water Resources Control
14Board, the Department of Water Resources, the Department of
15Fish and Wildlife, the Department of Forestry and Fire Protection,
16and the Office of Emergency
Services.
17(b) The report shall discuss the state’s drought response efforts
18for at least all of the following categories:
19(1) Drinking water.
20(2) Water rights.
21(3) Water supply, including groundwater and operations of the
22State Water Project and the federal Central Valley Project.
23(4) Water quality.
24(5) Fish and wildlife.
25(6) Water conservation.
26(7) Fire protection.
27(8) Emergency human assistance.
28(c) The report shall include a discussion of, and data related to,
29all of the following for each of the categories included in the report
30pursuant to subdivision (b):
31(1) Major drought response activities undertaken.
32(2) Major challenges encountered.
33(3) Efforts in which the state achieved notable successes.
34(4) Efforts in which the state needs to make improvements.
35(5) Recommendations for improving the state’s response in the
36future, including potential changes to state policy and additional
37data the state should collect.
The sum of two hundred thirty thousand dollars
39($230,000) is hereby appropriated from the Timber Regulation
40and Forest Restoration Fund to the Secretary of the Natural
P97 1Resources Agency to provide public process and scientific expertise
2and per diem payments to nongovernmental participants of Timber
3Regulation and Forest Restoration Program working groups.
No reimbursement is required by this act pursuant
5to Section 6 of Article XIII B of the California Constitution because
6the only costs that may be incurred by a local agency or school
7district will be incurred because this act creates a new crime or
8infraction, eliminates a crime or infraction, or changes the penalty
9for a crime or infraction, within the meaning of Section 17556 of
10the Government Code, or changes the definition of a crime within
11the meaning of Section 6 of Article XIII B of the California
12Constitution.
This act is a bill providing for appropriations related
14to the Budget Bill within the meaning of subdivision (e) of Section
1512 of Article IV of the California Constitution, has been identified
16as related to the budget in the Budget Bill, and shall take effect
17immediately.
O
95