BILL NUMBER: SB 832 AMENDED
BILL TEXT
AMENDED IN ASSEMBLY JUNE 24, 2009
INTRODUCED BY Committee on Environmental Quality (Senators Simitian
(Chair), Ashburn, Corbett, Hancock, Lowenthal, Pavley, and Runner)
MARCH 25, 2009
An act to amend Sections 44510, 44525, and 44525.7 of,
and to repeal Section 44525.5 of, the Health and Safety Code, and to
amend Sections An act to amend Sections 44501, 44502,
44506, 44507, 44508, 44510, 44520, 44525, 44525.6, 44525.7, 44526,
44530, 44532, 44534, 44536, 44537, 44542, 44543, 44545, 44550,
44552.5, 44553, 44554, 44555, 44559.1, and 44559.4 of, and to repeal
Sections 44525.5, 44533, 44535, 44546, and 44547 of, the Health and
Safety Code, and to amend Sections 6206.5 and 41780 of the
Public Resources Code, relating to resources, and declaring the
urgency thereof, to take effect immediately.
LEGISLATIVE COUNSEL'S DIGEST
SB 832, as amended, Committee on Environmental Quality. Resources:
California Pollution Control Financing Authority: public lands:
solid waste diversion.
(1) The California Pollution Control Financing Authority Act
establishes the California Pollution Control Financing Authority,
with specified powers and duties, and authorizes the authority to
approve financing for projects or pollution control facilities to
prevent or reduce environmental pollution.
This bill would make various changes to the financial and
administrative provisions of the act . The bill would include
state agencies as eligible participating parties for financing, and
would define project or pollution control facility as specified
.
(2) Under existing law, the State Lands Commission has the power
to apply to the United States Department of the Interior for patents
to the numbered school sections in place, which have not been
patented by the state.
This bill would delete the condition that the numbered school
sections to which this provision applies be those that have not been
patented by the state.
(3) The California Integrated Waste Management Act of 1989, which
is administered by the California Integrated Waste Management Board,
requires each city, county, and regional agency, if any, to develop a
source reduction and recycling element of an integrated waste
management plan containing specified components. Those entities are
required to divert, from disposal or transformation, 50% of the solid
waste through source reduction, recycling, and composting subject to
the element, except as specified.
This bill would delete the condition that the solid waste subject
to source reduction, recycling, and composting under these
provisions, be diverted from landfill disposal or transformation.
(4) The bill would make conforming changes.
(5) This bill would declare that it is to take effect immediately
as an urgency statute.
Vote: 2/3. Appropriation: no. Fiscal committee: yes.
State-mandated local program: no.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 44501 of the Health
and Safety Code is amended to read:
44501. (a) The Legislature
hereby finds and declares that it
all of the following:
(a) It is necessary and essential
that the state, in cooperation with the federal government, use all
practical means and measures to control, remediate, and eliminate
pollution hazards to the environment , provide clean water, and
enable alternative and renewable sources of energy .
The Legislature further finds and determines that industry
Industry within this state utilizes processes and
facilities that have significant environmental impact. These
processes and facilities shall need to
be modified and supplemented to meet the quality standards
established , and to be established , for the
control and remediation of environmental pollution. Industry needs
and requires new methods to finance the capital outlays required for
the devices, equipment, and facilities utilized in pollution control
if they are to rapidly comply with the quality standards established
by the state and federal governments, and if they are to rapidly
remediate contaminated properties so that those properties can be
reused for economically beneficial purposes.
(b) The Legislature also finds and declares that the
disposal of waste products by such current
methods such as incineration and landfill
pollute the environment by degrading air and water quality.
The Legislature further finds that in In order
to reduce the environmental pollution that currently occurs in
connection with the disposal of waste products, there is a need to
develop new and alternative processes and facilities that provide for
the disposal of those waste products in ways that prevent or reduce
environmental degradation. The Legislature also finds that
those Those new and alternative processes and
facilities include those that recover resources and energy from waste
products. The Legislature further finds and declares that
in In order to prevent further environmental
degradation resulting from contamination caused by the release of
waste products and hazardous materials, there is a need to encourage
the remediation of that contamination of properties with the
potential for economically beneficial reuse.
(c) The alternate method of financing provided in this division is
in the public interest and serves a public purpose and will promote
the health, welfare, and safety of the citizens of the State
of California state .
(d) The Legislature also finds and declares that
California is expected to undergo tremendous population
growth by the addition of an estimated five million
millions of new jobs, 12 million
new residents, and over four million new
households over the next 20 years . This
constitutes more rapid growth than California experienced during the
1950's, 1960's, and 1970's, combined. The Legislature also
finds that as As a result of this unprecedented
growth, the long-term environmental quality of the state depends, in
part, on altering current growth patterns by adopting policies and
programs that promote new forms of sustainable development and that
will help reduce pollution and the degradation of the environment.
The Legislature also finds that a A key
element of sustainable development is infill development and the
revitalization of existing communities. Sustainable development will
result in the remediation of brownfields, reduce traffic and auto
pollution, and help preserve open spaces. The Legislature
also finds that many Many communities in
California do not have the resources or expertise to identify and
compete for state, federal, or private assistance in order to develop
and implement environmentally sensitive growth policies and programs
for economically struggling neighborhoods. The Legislature
further finds and declares that assisting Assisting
economically distressed counties and cities to develop and
implement sustainable and environmentally sensitive growth policies
and programs that increase the utilization of unproductive properties
within existing communities will help reduce environmental hazards
created by brownfields and traffic congestion, while aiding in the
revitalization of economically struggling neighborhoods and the
preservation of open space at the urban edges. The grant and loan
program provided in this division is in the public interest, serves a
public purpose, and will promote the health, welfare, and safety of
the citizens of the State of California state
.
(e) (1) The
Legislature also finds and declares that real Real
property contaminated with hazardous substances is a continuing
blight on communities. Estimates suggest there are between 67,000
and 119,000 contaminated sites, commonly referred to as "brownfields,"
throughout the state. Located in existing communities, many of these
sites are abandoned, idle, or underutilized due to a combination of
factors, including legal liability concerns, regulatory issues, and
the costs of pollution cleanup. Additionally, many of the undeveloped
brownfields in the state are located within communities with
depressed land values and pressing economic need, communities often
characterized by a lack of capital investment. The remediation and
development of brownfields is an important component of revitalizing
existing communities and supporting sustainable growth patterns.
While remediation and development activities should focus on
brownfield sites that, although contaminated, have the potential for
economically beneficial reuse, there currently exist few, if any,
sources for financing the assessment, planning, and reporting
activities that are the necessary first steps toward determining
whether a site has the potential for economically beneficial reuse.
(2) The Legislature finds and declares that the
(f) The California Pollution
Control Financing Authority should work in conjunction with public
and private sector entities, including, but not limited to, cities,
counties, school districts, redevelopment agencies, and financial
institutions, to assist in financing, through loans, the cost of
performing or obtaining site assessments, remedial action plans
technical assistance, and , reports, and where it
is determined that a site has the potential for economically
beneficial reuse, the cleanup, remediation, or development of
brownfield sites. The loan program provided by this division is in
the public interest, serves a public purpose, and will promote the
health, welfare, and safety of the citizens of the State of
California state .
SEC. 2. Section 44502 of the Health and
Safety Code is amended to read:
44502. It is the purpose of this division to carry out and make
effective the findings of the Legislature and to that end to do all
of the following, to the mutual benefit of the people of the state
and to protect their health and welfare:
(a) To provide industry within the state, irrespective of company
size, with an alternative method of financing in providing,
acquiring, enlarging, and or installing
facilities for establishing pollution control
facilities , providing supplies of clean
water, and producing energy from alternative or renewable
sources, that are needed to accomplish the purposes of this
division.
(b) To assist economically distressed counties and cities to
develop and implement growth policies and programs that reduce
pollution hazards and the degradation of the environment or promote
infill development.
(c) To assist with the financing of the costs of assessment,
remedial planning and reporting, technical assistance, and the
cleanup, remediation, or development of brownfield sites, or other
similar or related costs.
SEC. 3. Section 44506 of the Health and
Safety Code is amended to read:
44506. "Participating party" means any person, company,
corporation, public agency, partnership, firm, or other
entity or group of entities engaged in operations within this state
that requires financing pursuant to the terms of this division to aid
and assist in the control, remediation, or elimination of pollution
of the environment of the state.
SEC. 4. Section 44507 of the Health and
Safety Code is amended to read:
44507. "Pollution" means an alteration of the quality of the
environment of the state and shall be determined by the various
standards prescribed from time to time by this state, the federal
government, or any agency, department, or political subdivision of
this state or the federal government, and may include, but is not
limited to, earth, all of the following:
(a) Earth, air, or water
pollution , pollution .
(b) Pollution caused by solid or
hazardous waste materials including the disposal
, thermal or processing of these materials
.
(c) Thermal pollution ,
radiation .
(d) Radiation contamination
, the .
(e) The release of hazardous
materials , or noise .
(f) Noise pollution.
Pollution also includes, but is not limited to, the contamination
(g) Contamination of soil or
groundwater resulting from the release of hazardous materials, as
defined in Section 25260 , or the presence .
(h) The presence of asbestos or
lead paint, at sites with a reasonable potential for economically
beneficial reuse.
(i) Any natural or manmade substance that must be removed to
provide safe drinking water.
SEC. 5. Section 44508 of the Health and
Safety Code is amended to read:
44508. (a) "Project" and
"pollution control facility," respectively, mean any land, building,
improvement thereto, work, real or personal property or
structure, real or personal, vehicle, or
equipment providing or designed to provide for the control,
reduction, abatement, elimination, remediation, or prevention of
pollution, including, but not limited to, hydrostatic
control facilities, dust collectors, smoke bags, settling ponds,
filtration plants, sewage disposal facilities, garbage disposal
facilities, recycling facilities, dumps, filling grounds,
chlorination ponds, treatment works, water utility property, soil
excavation and removal, construction, operation, and maintenance of
systems that extract, contain, or treat groundwater, soil vapor, gas,
or leachate, and all other structures, systems, or facilities now or
hereafter developed or useful in the control of pollution of any
type or character, including any structure, equipment, or other
facilities for the purpose of the purchase, production, distribution,
or sale of water, or of reducing, treating, neutralizing, or cooling
the temperature of any liquid, gaseous, or solid or hazardous waste
substance or discharge resulting from the process of manufacture,
industry, or commerce, or from the development, processing, or
recovery of any natural resource or the generation of electricity,
steam heat, or manufactured gas, together with the recovery,
treatment, neutralizing, stabilizing, or cooling equipment,
facilities, plants, or structures necessary to reduce, control,
remediate, or eliminate pollution, and any and all facilities which
may hereafter be developed through science, study, and investigation
to aid and assist in the control of pollution or the removal or
treatment of any substance that might otherwise cause or contribute
to pollution, and including the use of renewable energy resource
devices or the development of an energy conservation program where
that action is designed to reduce onsite emissions or pollutants
improvement of air, water, or soil quality, ensure the
safe handling, recycling, or disposal of materials that might
otherwise be improperly disposed of, or provide for environmental
restoration, cleanup, or enhancement. Eligible projects include, but
are not limited to, any type of project described in this subdivision
that is authorized pursuant to federal law for tax exempt or tax
credit financing including in Section 142 (a)(4),(5), (6),
(8), (9), (10), (12), or (14) of Title 26 of the United States Code
.
(b) "Project" also means payment by a party for the party's share
of the cost of remediation of pollution at a contaminated site for
which the party is a de minimis or de micromis responsible party, and
the party has been accorded that status in an expedited final
settlement or other settlement with the United States Environmental
Protection Agency, reached in accordance with subsection (g) of
Section 122 of the Comprehensive Environmental Response,
Compensation, and Liability Act of 1980 (42 U.S.C. Sec. 9601 et seq.)
and the regulations and guidance issued by the United States
Environmental Protection Agency pursuant to that act.
SECTION 1. SEC. 6. Section 44510 of
the Health and Safety Code is amended to read:
44510. "Revenues" means all rents, receipts, purchase payments
and all other income or receipts derived by the authority from the
sale, lease, or other disposition of pollution control facilities,
loan repayments under any loans made in connection with financing
pollution control facilities, and any income or revenue derived from
the investment of any money in any fund or account of the authority.
SEC. 7. Section 44520 of the Health and
Safety Code is amended to read:
44520. (a) The authority shall, in accordance with Chapter 3.5
(commencing with Section 11340) of Part 1 of Division 3 of Title 2 of
the Government Code, adopt all necessary rules and regulations to
carry out its powers and duties under this division. The authority
may call upon any board or department of the state government for aid
and assistance in the preparation of plans and specifications and in
the development of technology necessary to effectively control
pollution.
(b) Notwithstanding subdivision (a), the authority, or any other
agency implementing a small business or brownfield site financing
assistance program pursuant to an interagency agreement with the
authority, may adopt regulations relating to small business or
brownfield site financing as emergency regulations in accordance with
Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3
of Title 2 of the Government Code. For purposes of that Chapter 3.5,
including Section 11349.6 of the Government Code, the adoption of the
regulations shall be considered by the Office of Administrative Law
to be necessary for the immediate preservation of the public peace,
health and safety, and general welfare. Notwithstanding
subdivision (e) of Section 11346.1 of the Government Code, the
The regulations shall be repealed 180 days after
their effective date, unless the adopting authority or agency
complies with that Chapter 3.5 , as provided in subdivision
(e) of Section 11346.1 of the Government Code.
(c) Notwithstanding subdivision (a), the authority, or any other
agency implementing a loan program pursuant to an interagency
agreement with the authority, may adopt regulations relating to the
loans and grants authorized under subdivision (g) of Section 44526 as
emergency regulations in accordance with Chapter 3.5 (commencing
with Section 11340) of Part 1 of Division 3 of Title 2 of the
Government Code. For purposes of that Chapter 3.5, including Section
11349.6 of the Government Code, the adoption of the regulations shall
be considered by the Office of Administrative Law to be necessary
for the immediate preservation of the public peace, health and
safety, and general welfare. Notwithstanding subdivision (e)
of Section 11346.1 of the Government Code, the The
regulations shall be repealed 180 days after their effective
date, unless the adopting authority or agency complies with that
Chapter 3.5 , as provided in subdivision (e) of Section
11346.1 of the Government Code .
SEC. 2. SEC. 8. Section 44525 of the
Health and Safety Code is amended to read:
44525. The authority may charge reasonable application and
project fees to reimburse the authority for costs incurred in
administering applications for financing pursuant to this division
and to support authority programs, including, but not limited to, the
Capital Access Loan Program authorized by Article 8 (commencing with
Section 44559), and grants and loans as authorized by subdivisions
(h) and (g) of Section 44526.
SEC. 3. SEC. 9. Section 44525.5 of
the Health and Safety Code, as added by Chapter 914 of the Statutes
of 2000, is repealed.
SEC. 10. Section 44525.6 of the Health
and Safety Code is amended to read:
44525.6. (a) Commencing in 2002, and annually thereafter, the
authority shall submit a report to the Legislature regarding the
loan program described in subdivision (g) of
Section 44526 describing the total amount of loans issued pursuant to
subdivision (g) of Section 44526 in the previous calendar year, the
amount of each loan issued, and a description of the programs awarded
funding.
(b) This section shall remain in effect only until January 1,
2012, and as of that date is repealed, unless a later enacted statute
that is enacted before January 1, 2012, deletes or extends that
date.
SEC. 4. SEC. 11. Section 44525.7 of
the Health and Safety Code, as added by Chapter 915 of the Statutes
of 2000, is amended to read:
44525.7. Commencing in 2002, and annually thereafter, the
authority shall submit a report to the Legislature regarding the
loan program described in subdivision (h) of
Section 44526.
SEC. 12. Section 44526 of the Health
and Safety Code is amended to read:
44526. The authority is authorized to do any of the following:
(a) To determine the location and character of any project to be
financed under the provisions of this division, to lend financial
assistance to any participating party, to construct, reconstruct,
renovate, replace, lease, as lessor or lessee, and regulate the same,
and to enter into contracts for the sale of any pollution control
facilities, including installment sales or sales under conditional
sales contracts, and to make loans to participating parties to lend
financial assistance in the acquisition, construction, or
installation of a project.
(b) To issue bonds, notes, bond anticipation notes, and other
obligations of the authority for any of its corporate purposes, and
to fund or refund the same, all as provided in this division.
(c) To fix fees and charges for pollution control facilities,
or for the loan of moneys to finance pollution control facilities,
and to revise from time to time those fees and charges, and to
collect rates, rents, fees, loan repayments, and charges
for the use of and for any facilities or services furnished, or to be
furnished, by a project or any part thereof and to contract with any
person, partnership, association, corporation, or public agency with
respect thereto, and to fix the terms and conditions upon which any
pollution control facilities may be sold or disposed of, whether upon
installment sales contracts or otherwise.
(d) To employ and fix the compensation of bond counsel, financial
consultants, and advisers as may be necessary in its judgment in
connection with the issuance and sale of any bonds, notes, bond
anticipation notes, or other obligations of the authority; to
contract for engineering, architectural, accounting, or other
services of appropriate agencies as may be necessary in the judgment
of the authority for the successful development of any project; and
to pay the reasonable costs of consulting engineers, architects,
accountants, and construction experts employed by any participating
party if, in the judgment of the authority, those services are
necessary to the successful development of any project, and those
services are not obtainable from any public agency.
(e) To receive and accept loans, contributions, or grants, of
money, property, labor, or other things of value, for, or in aid of,
the authority in carrying out the purposes of this division, from any
source, including, but not limited to, the federal government, the
state, or any agency of the state, any local government or agency
thereof, or any nonprofit or for-profit private entity or individual.
(f) To apply for, and accept, subventions, grants, loans,
advances, and contributions from any source, of money, property,
labor, or other things of value. The sources may include, but are not
limited to, bond proceeds, dedicated taxes, state appropriations,
federal appropriations, federal grant and loan funds, public and
private sector retirement system funds, and proceeds of loans from
the Pooled Money Investment Account.
(g) To provide grants and loans to any city or county deemed
eligible by the authority. The grants and loans shall be used to
assist California neighborhoods suffering from high poverty or
unemployment levels, or from low-income levels, to assist cities and
counties in developing and implementing growth policies and programs
that reduce pollution hazards and the degradation of the environment,
or to promote infill development to revitalize these communities.
The grants and loans may be used to employ the technical expertise
necessary to identify, assess, and complete applications for state,
federal, and private economic assistance programs that develop and
implement sustainable development and sound environmental policies
and programs. Priority shall be given to applicants lacking the
resources to identify, assess, and complete applications to economic
assistance, and for those lacking the resources to develop and
implement sustainable growth and other sound environmental policies
and programs. The authority shall fund these grants and loans from
any funds available to the authority or set aside for the authority's
administrative expenses. The authority may not award more than seven
million five hundred thousand dollars ($7,500,000) in grants and
loans pursuant to this subdivision. This subdivision shall remain
operative only until January 1, 2012.
(h) (1) To provide a loan directly, or indirectly through one or
more public or private sector intermediaries, to any city, county,
school district, redevelopment agency, financial institution, as
defined in subdivision (d) of Section 44559.1, for-profit or
not-for-profit organization, or participating party, as defined in
Section 44506, to assist in financing, among other things, the costs
of performing or obtaining brownfield site assessments, remedial
action plans and reports, technical assistance, the cleanup,
remediation, or development of brownfield sites, or any other similar
or related costs, subject to all applicable federal, state, and
local laws, procedures, and regulations.
(2) The authority shall establish standards and criteria to ensure
that a recipient of direct or indirect financing for cleanup or
remediation pursuant to this subdivision has the necessary financial
resources and expertise to successfully and appropriately complete
the cleanup or remediation of the property.
(3) The authority may pay all, or a portion, of the associated
program development and implementation costs of any public or private
sector intermediaries through which a loan is made. A loan
authorized by this subdivision is subject to both of the following:
(A) A loan may be used in connection with a brownfield site prior
to a determination of whether the site has a reasonable potential for
economically beneficial reuse.
(B) A loan may be made upon the terms determined by the authority
and may provide for any rate of interest or no interest.
(4) The authority shall fund a loan made pursuant to this
subdivision from any funds available to it, from any funds set aside
for the authority's administrative expenses, or from any small
business assistance fund established for these purposes pursuant to
Section 44548.
(5) The authority may waive repayment of all, or a portion, of any
loan made pursuant to this subdivision upon conditions to be
determined by the authority, and the amount so waived shall be deemed
a grant to the recipient.
(i) To do all things generally necessary or convenient to carry
out the purposes of this division.
SEC. 13. Section 44530 of the Health
and Safety Code is amended to read:
44530. All expenses incurred in carrying out the provisions of
this division shall be payable solely from funds provided under the
authority of this division and no liability or obligation shall be
imposed upon the State of California and, except as provided
in Section 44547, none shall be incurred by the authority
beyond the extent to which moneys shall have been provided under the
provisions of this division. Under no circumstances shall the
authority create any debt, liability, or obligation on the part of
the State of California payable from any source whatsoever other than
the moneys provided under the provisions of this division.
SEC. 14. Section 44532 of the Health
and Safety Code is amended to read:
44532. When the principal of and interest on bonds of the
authority issued to finance or refund the cost of a
particular project for a participating party , including any
refunding bonds issued to refund and refinance such bonds,
shall have been fully paid and retired or when adequate provision
shall have been made for the payment and retirement of the same, and
all other conditions of the resolution, indenture, or agreement
authorizing and securing the same shall have been satisfied and the
lien of such the resolution, indenture,
or agreement shall have been released in accordance with the
provisions thereof, the authority is authorized, upon such
terms and conditions as may be prescribed by the authority,
to execute such these deeds and
conveyances as are necessary or required to convey title to
such the project to such
the participating party.
SEC. 15.
Section 44533 of the Health and Safety Code
is repealed.
44533. (a) No project relating to the improvement of air or
water quality or solid waste control or related to the remediation of
property contaminated by a release of hazardous materials shall be
eligible for financing under this division unless, prior to the
issuance of bonds or notes, a local, regional, state, or federal
environmental authority exercising jurisdiction over the project
certifies that the project, as designed, will further compliance with
federal, state, or local pollution control standards and
requirements. Within 60 days of the receipt of a written request for
that certification by either the authority or a participating party,
the local, regional, state, or federal authority shall issue a
written certificate to that effect if, in fact, the project as
designed, is in furtherance of those purposes. The certification
requirements of this subdivision may be waived by the authority, at
the request of the participating party, if that certification is not
necessary to qualify the bonds or notes for tax-exempt status under
federal laws and regulations.
(b) No certification issued pursuant to subdivision (a) shall be
admissible in evidence, constitute an admission, or bind any
certifying authority in any proceeding in which the compliance of a
participating party's facilities with any applicable pollution
control, land use, zoning, or other similar law is an issue or in any
application or proceeding for a permit to locate or construct
facilities.
SEC. 16. Section 44534 of the Health
and Safety Code is amended to read:
44534. (a) The authority shall take initial action on any
completed application for financing submitted to it by a
participating party at no later than
the next meeting of the authority which that
occurs more than 10 after at least 30
days following receipt of such the
application. The authority may delegate to its executive
director or deputy executive director the authority to grant initial
approval for financing to a participating party.
(b) The authority shall take final action with regard to the
issuance of bonds or notes to lend financial assistance to a
participating party within 60 days of receipt by the authority of a
request from such the participating
party for the issuance of bonds or notes.
A
(c) A request from a
participating party for final approval of the issuance of bonds or
notes shall be accompanied by evidence of the fulfillment
of all conditions to the issuance of such the
bonds or notes and by copies of forms of all principal legal
documents to be approved by the authority, which must
shall be satisfactory in form and substance to
the Attorney General.
(c)
(d) The authority may give final approval for the
issuance of bonds or notes upon such terms as it
deems necessary and desirable. The authority may, in its
discretion, give final approval to the issuance of bonds or notes
prior to receipt of the certificate described in subdivision (b) of
Section 44533.
SEC. 17. Section 44535 of the Health
and Safety Code is repealed.
44535. (a) The authority may separately approve financing for
projects, the purpose of which is to prevent, remediate, or reduce
environmental pollution resulting from the disposal of solid,
hazardous, or liquid waste.
(b) The following projects shall be considered for financing:
(1) Projects utilizing recognized resource recovery or energy
conversion processes.
(2) Projects utilizing new technologies or processes for resource
recovery or energy conversion.
(3) Projects utilizing technologies designed to reduce the level
of pollutants found in water.
(4) Recycled water facilities.
(5) Water main replacements.
(6) Water filtration facilities.
(7) Projects for the disposal of agricultural wastes.
(8) Soil excavation and removal, and construction, operation, and
maintenance of systems that extract, contain, or treat groundwater,
soil vapor, gas, or leachate.
(9) Other projects for the reduction or remediation of
environmental pollution resulting from the disposal of solid,
hazardous, or liquid waste, including, but not limited to, payment of
the cost to remediate environmental pollution by a party that is a
de minimis responsible party, in accordance with the standards for an
expedited final settlement specified in subdivision (g) of Section
9622 of Title 42 of the United States Code, or a de micromis
responsible party, under the regulations adopted by the Environmental
Protection Agency pursuant to the Comprehensive Environmental
Response, Compensation, and Liability Act of 1980 (42 U.S.C. Sec.
9601 et seq.).
(c) The projects specified in subdivision (b) may include elements
that provide for new refuse removal vehicles, transfer stations,
resource recovery or energy conversion plants, source separation, or
any solid or liquid waste disposal facilities involved in resource
recovery systems. "Solid, hazardous, or liquid waste disposal
facilities" means any property, or portion thereof, used for the
collection, storage, treatment, utilization, processing, or final
disposal of solid, hazardous, or liquid waste in resource recovery
systems.
SEC. 18. Section 44536 of the Health
and Safety Code is amended to read:
44536. The authority may approve financing for projects
which finance a pollution control facility,
or equipment for a facility which ,
that is not owned by the applicant if such
the facility or equipment is a component of an approved
trade off package to achieve air quality standards. The
authority may also approve financing for projects where the owner of
the project enters into a lease or operating agreement with another
entity that will use the project. In either case both the owner and
the user shall be treated as participating parties.
SEC. 19. Section 44537 of the Health
and Safety Code is amended to read:
44537. Prior to the beginning of each calendar quarter,
the The authority shall obtain from the
appropriate state control agencies a list of the names and addresses
of those business associations, corporations, or individuals which
have been required, by a specified deadline, to correct pollution
problems caused by existing facilities. The authority shall notify
such business associations, corporations, or individuals of its
programs for financing pollution control facilities.
In addition, the authority shall take all
reasonable steps to publicize its programs so that eligible
applicants may be aware of them.
SEC. 20. Section 44542 of the Health
and Safety Code is amended to read:
44542. (a) (1) The authority is authorized
from time to time to issue its negotiable bonds, notes, debentures,
or other securities (hereinafter collectively called "bonds") for any
corporate purpose. Such These bonds
may be authorized, without limiting the generality of the foregoing,
to finance a single project for a single participating party, a
series of projects for a single participating party, a single project
for several participating parties, or several projects for several
participating parties.
In
(2) In anticipation of the sale
of such the bonds as authorized by
Section 44540, or as may be authorized pursuant to Section 44541, the
authority may issue negotiable bond anticipation notes and may renew
the same from time to time. Such These
bond anticipation notes may be paid from the proceeds of sale of the
bonds of the authority in anticipation of which they were issued.
Notes and agreements relating thereto and bond anticipation notes,
hereinafter collectively called notes, and the resolution or
resolutions authorizing the same may contain any provisions,
conditions , or limitations which
that a bond, agreement relating thereto, and bond resolution of
the authority may contain ; , except
that such the note or renewal thereof
shall mature at such a time not
exceeding three years from the date of issue of the original note.
(b) Except as may otherwise be expressly provided by the
authority, every issue of its bonds, notes, or other obligation shall
be general obligations of the authority payable from any revenues or
moneys of the authority available therefor and not otherwise
pledged, subject only to any agreements with the holders of
particular bonds, notes, or other obligations pledging any particular
revenues or moneys and subject to any agreements with any
participating party. Notwithstanding that such
bonds, notes, or other obligations may be payable from a special
fund, they shall be and be deemed to be for all purposes negotiable
instruments, subject only to the provisions of such
the bonds, notes , or other
obligations for registration.
(c) The bonds may be issued as serial bonds or as term bonds, or
the authority in its discretion, may issue bonds of both types. The
bonds shall be authorized by resolution of the authority and shall
bear such the date or dates, mature at
such the time or times, not exceeding
50 years from their respective dates, bear interest at such
the fixed rate or rates, or at the variable
rates, including multiple methods of setting rates from time to time
while the bonds are outstanding, be payable at such
the time or times, be in such
the denominations, be in such form, either coupon
or registered, carry such registration privileges , be
executed in such the manner, be payable
in lawful money of the United States of America at such
the place or places, and be subject to
such the terms of redemption or tender
, as such resolution or resolutions may
provide. The bonds or notes shall be sold by the State
Treasurer within 60 days of receipt of a certified
copy of the authority's resolution authorizing the sale of the
bonds; provided, that the authority, at its discretion, may adopt a
resolution extending such 60-day period as agents for
sale . Such sales The bond or notes
may be sold at a public or private sale,
and for such the price or prices and on
such terms and conditions, as the authority shall
determine after giving due consideration to the recommendations of
any participating party to be assisted from the proceeds of
such the bonds or notes. Pending preparation of
the definitive bonds, the State Treasurer may
issue interim receipts, certificates, or temporary bonds which shall
be exchanged for such definitive bonds. The
State Treasurer may sell any bonds, notes, or
other evidence of indebtedness at a price below the par value thereof
; provided, however, that the if the
discount on any security so sold shall not exceed 6 percent of the
par value thereof.
(d) Any resolution or resolutions authorizing any bonds or any
issue of bonds may contain provisions, which shall be a part of the
contract with the holders of the bonds or any credit provider
to be authorized, as to all of the following :
(1) Pledging the full faith and credit of the authority or
pledging all or any part of the revenues of any project or any
revenue-producing contract or contracts made by the authority with
any individual, partnership, corporation, or association or other
body, public or private, or other moneys of the authority, to secure
the payment of the bonds or of any particular issue of bonds, subject
to such agreements with bondholders or any
credit providers as may then exist.
(2) The rentals, fees, purchase payments, loan payments,
and other charges to be charged, and the amounts to be raised
in each year thereby, and the use and disposition of the revenues.
(3) The setting aside of reserves or sinking funds, and the
regulation and disposition thereof.
(4) Limitations on the right of the authority or its agent to
restrict and regulate the use of the project or projects to be
financed out of the proceeds of the bonds or any particular issue of
bonds.
(5) Limitations on the purpose to which the proceeds of sale of
any issue of bonds then or thereafter to be issued may be applied and
pledging such these proceeds to secure
the payment of the bonds or any issue of the bonds.
(6) Limitations on the issuance of additional bonds, the terms
upon which additional bonds may be issued and secured and the
refunding of outstanding bonds.
(7) The procedure, if any, by which the terms of any contract with
bondholders may be amended or abrogated, the amount of bonds the
holders of which must consent thereto, and the manner in which
such consent may be given.
(8) Limitations on expenditures for operating, administrative, or
other expenses of the authority.
(9) Defining the acts or omissions to act which shall
that constitute a default in the duties of the
authority to holders of its obligations and providing the rights and
remedies of such these holders in the
event of a default.
(10) The mortgaging of any project and the site thereof for the
purpose of securing the bondholders.
(11) The mortgaging of land, improvements, or other assets owned
by a participating party for the purpose of securing the bondholders.
(12) Procedures for the selection of projects to be financed with
the proceeds of the bonds authorized by the resolution if the bonds
are to be sold in advance of the designation of the projects and
participating parties to receive such financing.
(12) Provisions for the security of any credit provider supporting
payment on the bonds, but only in a manner subordinate to the rights
of bondholders.
(e) Neither the members of the authority nor any person executing
the bonds or notes shall be liable personally on the bonds or notes
or be subject to any personal liability or accountability by reason
of the issuance thereof.
(f) The authority shall have power out of any funds available
therefor to purchase its bonds or notes without the cancellation
thereof . The authority may hold, pledge, cancel, or resell
such bonds, subject to , and in
accordance with , agreements with bondholders.
SEC. 21. Section 44543 of the Health
and Safety Code is amended to read:
44543. (a) In the discretion of the
authority, any bonds issued under the provisions of this division may
be secured by a trust agreement by and between the authority and a
trustee or trustees, which may be any trust company or bank having
the powers of a trust company within or without the state.
Such The trust agreement or the resolution
providing for the issuance of such bonds may
pledge or assign the revenues to be received or proceeds of any
contract or contracts pledged and may convey or mortgage the project
or projects, or any portion thereof, to be financed out of the
proceeds of such bonds. Such
The trust agreement or resolution providing for the
issuance of such bonds may contain such
provisions for protecting and enforcing the rights and
remedies of the bondholders , or any credit provider, as
may be reasonable and proper and not in violation of law, including
particularly such provisions as have hereinabove
been specifically authorized to be included in any resolution or
resolutions of the authority authorizing bonds thereof. Any bank or
trust company doing business under the laws of this state
which that may act as depository of the proceeds
of bonds or of revenues or other moneys may furnish such
these indemnifying bonds or pledge such
securities as may be required by the authority. Any
such trust agreement may set forth the rights and
remedies of the bondholders and of the trustee or trustees, and may
restrict the individual right of action by bondholders or any
credit provider . In addition to the foregoing, any
such trust agreement or resolution may contain
such other provisions as the authority may deem reasonable
and proper for the security of the bondholders. Notwithstanding any
other provision of law, the State Treasurer shall
not be deemed to have a conflict of interest by reason of acting as
trustee pursuant to this division.
All
(b) All expenses incurred in
carrying out the provisions of such a
trust agreement or resolution may be treated as a part of the cost of
the operation of a project.
SEC. 22. Section 44545 of the Health
and Safety Code is amended to read:
44545. (a) The authority is hereby authorized to
may provide for the issuance of bonds of the
authority for the purpose of refunding , directly or indirectly,
any bonds, notes, or other securities
evidence of indebtedness of the authority or a public
agency then outstanding, including the payment of any
redemption premium thereon and any interest accrued or to accrue to
the earliest or subsequent date of redemption, purchase, or maturity
of such these bonds, and, if deemed
advisable by the authority, for the additional purpose of paying all
or any part of the cost of constructing and acquiring additions,
improvements, extensions, or enlargements of a project or any portion
thereof.
(b) The proceeds of any such bonds issued for
the purpose of refunding outstanding bonds, notes, or other
securities may, in the discretion of the authority, be applied to the
purchase or retirement at maturity or redemption of such
outstanding bonds either on their earliest or any
subsequent redemption date or upon the purchase or retirement at the
maturity thereof and may, pending such
application, be placed in escrow to be applied to such
purchase or retirement at maturity or redemption on
such a date as may be determined by the
board authority .
(c) Pending such this use, any
such of these escrowed proceeds may be
invested and reinvested by the State Treasurer
or any trustee in obligations of, or guaranteed
by, the United States of America, or in certificates of deposit or
time deposits secured by obligations of, or guaranteed by, the United
States of America instruments as may be specified in
the resolution or indenture governing the bonds to be refunded
, maturing at such the time or times
as shall be appropriate to assure ensure
the prompt payment, as to principal, interest and redemption
premium, if any, of the outstanding bonds to be so refunded. The
interest, income, and profits, if any, earned or realized on
any such this type of investment may also be
applied to the payment of the outstanding bonds to be so refunded.
After the terms of the escrow have been fully satisfied and carried
out, any balance of such these proceeds
and interest, income, and profits, if any, earned or realized on the
investments thereof may be returned to the authority for use by it
in any lawful manner.
(d) The portion of the proceeds of any such bonds issued for the
additional purpose of paying all or any part of the cost of
constructing and acquiring additions, improvements, extensions, or
enlargements of a project may be invested and reinvested by the State
Treasurer in obligations of, or guaranteed by, the United States of
America, or in certificates of deposit or time deposits secured by
obligations of, or guaranteed by, the United States of America,
maturing not later than the time or times when such proceeds will be
needed for the purpose of paying all or any part of such cost. The
interest, income and profits, if any, earned or realized on such
investment may be applied to the payment of all or any part of such
cost or may be used by the authority in any lawful manner.
(e)
(d) All such of these
bonds shall be subject to the provisions of this division in the same
manner and to the same extent as other bonds issued pursuant to this
division. If the authority refunds bonds or evidences of
indebtedness not originally issued by the authority, the authority
shall make findings that the project being refinanced qualifies as a
project under this division.
SEC. 23. Section 44546 of the Health
and Safety Code is repealed.
44546. If, in the opinion of the State Treasurer, any bonds
issued by the authority under the provisions of this division are
adequately secured and the revenues and other funds applicable to the
payments of the bonds are, or upon the acquisition, construction, or
improvement of the project or projects which such bonds finance,
will be sufficient to pay the principal of and interest on such
bonds, then the State Treasurer shall certify that such bonds are
legal investments for all trust funds, the funds of all insurance
companies, banks, both commercial and savings, trust companies,
savings and loan associations, and investment companies, for
executors, administrators, guardians, conservators, trustees, and
other fiduciaries, for state school funds, and for any funds which
may be invested in county, municipal, or school district bonds, and
that such bonds are securities which may properly and legally be
deposited with, and received by, any state or municipal officer or
any agency or political subdivision of the state for any purpose for
which the deposit of bonds or obligations of the state is now, or may
hereafter be, authorized by law, including deposits to secure public
funds.
SEC. 24. Section 44547 of the Health
and Safety Code is repealed.
44547. No liability shall be incurred by the authority beyond the
extent to which moneys have been provided under this division;
except that for the purposes of meeting the necessary expenses of
initial organization and operation until such date as the authority
derives revenues or proceeds from bonds or notes as provided under
this division, the authority may borrow money as needed for such
expenses from any funds available to the authority, including the
General Fund in the State Treasury. Such borrowed moneys shall be
repaid with interest within a reasonable time after the authority
receives revenues or proceeds from bonds or notes as provided under
this division.
SEC. 25. Section 44550 of the Health
and Safety Code is amended to read:
44550. The authority may contract with any participating party
for the construction or acquisition of a project by
such the participating party. All
such contracts for the construction or
acquisition of a project by a participating party shall provide
that the participating party shall be responsible for the
architectural and engineering design and for the construction and
completion thereof subject to such standards for
architectural and engineering design as may be established, and
subject to such supervision as the authority deems
necessary. The authority may agree to pay the cost of such
a project constructed or acquired by
any participating party and to advance such costs
from time to time in installments or otherwise as required by the
contract for the construction or acquisition thereof.
Title to all such of these projects
shall may be vested in the authority
subject to the terms of any lease thereof to the participating party
or the rights of a participating party under any contract for the
purchase or acquisition of such
the project including the payment of the purchase price under
installment sales contracts.
SEC. 26. Section 44552.5 of the Health
and Safety Code is amended to read:
44552.5. (a) As an alternative to leasing or selling a project to
a participating party, the authority may finance the acquisition,
construction, or installation of a project by means of a loan to the
participating party. The principal amount of the participating party'
s obligation as borrower shall be sufficient to provide funds for all
the purposes specified in subdivisions (a), (b), and (c) of Section
44551 and may be paid in installments, together with interest on the
unpaid balance, or otherwise as may be mutually agreed by the
authority and the participating party and set forth in the loan
agreement. Loans made pursuant to this section may be secured or
unsecured in the discretion of the authority.
(b) The authority may also purchase or acquire from a financial
institution part or all of a loan made to a participating party for a
project meeting the requirements of this division. In the
case of such a purchase, subdivision (a) of Section 44533 shall be
deemed to have been complied with if the financial institution in
making the loan is participating in a financing program of the
authority pursuant to terms and conditions specified by the
authority. The authority may by resolution waive the requirement of
subdivision (a) of Section 44533 for the purchase of loans of small
businesses eligible for assistance pursuant to Section 44548.
(c) Section 44550 shall not apply to projects constructed with
moneys loaned pursuant to this section.
SEC. 27. Section 44553 of the Health
and Safety Code is amended to read:
44553.
All moneys received pursuant to the provisions of this division,
whether as proceeds from the sale of bonds, notes, or other evidences
of indebtedness or as revenues or fees received by the
authority , shall be deemed to be trust funds to be held and
applied solely as provided in this division. Any bank or trust
company with which such these moneys
shall be deposited shall act as trustee of such
these moneys and shall hold and apply the same for the
purposes hereof, subject to such regulations as
the resolution authorizing the bonds of any issue or the trust
agreement securing such these bonds may
provide.
SEC. 28. Section 44554 of the Health
and Safety Code is amended to read:
44554. Any holder of bonds, notes, or other obligations issued
under the provisions of this division or any of the coupons
appertaining thereto , and the trustee or trustees under
any trust agreement, except to the extent the rights herein given may
be restricted by any resolution authorizing the issuance of, or any
such trust agreement securing, such
bonds, notes, or other obligations, may, either at law or
in equity, by suit, action, mandamus, or other proceedings, protect
and enforce any and all rights under the laws of the state or granted
hereunder or under such resolution or trust
agreement, and may enforce and compel the performance of all duties
required by this division or by such resolution or
trust agreement to be performed by the authority or by any officer,
employee, or agent thereof, including the fixing, charging, and
collecting of the rates, rents, fees, and charges herein authorized
and required by the provisions of such the
resolution or trust agreement to be fixed, established, and
collected.
SEC. 29. Section 44555 of the Health
and Safety Code is amended to read:
44555. The exercise of the powers granted by this division shall
be in all respects for the benefit of the people of this state, for
their health and welfare, and protection of the state's environment.
Any bonds, notes, or other obligations issued under the provisions of
this division, their transfer and the income therefrom, shall at all
times be free from taxation of every kind by the state and by
municipalities and other political subdivisions of the state.
Provided, however, that the preceding sentence shall not
apply with respect to any bonds, notes or other obligations, or the
income therefrom, for any period during which such bonds, notes or
other obligations are held by (a) any participating party, (b)
persons, organizations, trades, or businesses (whether or not
incorporated, organized in this state, or affiliated with such
participating party) owned or controlled, directly or indirectly, by
such participating party, or (c) persons, organizations, trades or
businesses (whether or not incorporated, organized in this state, or
affiliated with such participating party (which own or control,
directly or indirectly, such participating party.
SEC. 30. Section 44559.1 of the Health
and Safety Code is amended to read:
44559.1. As used in this article, unless the context requires
otherwise , all of the following terms have the following
meanings :
(a) "Authority" means the California Pollution Control Financing
Authority.
(b) "California Capital Access Fund" means a fund created within
the authority to be used for purposes of the program.
(c) "Executive Director" means the Executive Director of the
California Pollution Control Financing Authority.
(d) (1) "Financial institution" means a federal- or
state-chartered bank, savings association, credit union,
not-for-profit community development financial institution certified
under Part 1805 (commencing with Section 1805.100) of Chapter XVIII
of Title 12 of the Code of Federal Regulations, or a consortium of
these entities. A consortium of those entities may include a
nonfinancial corporation, if the percentage of capitalization by all
nonfinancial corporations in the consortium does not exceed 49
percent.
(2) "Financial institution" also includes a lending institution
that has executed a participation agreement with the Small Business
Administration under the guaranteed loan program pursuant to Part 120
(commencing with Section 120.1) of Chapter I of Title 13 of the Code
of Federal Regulations and meets the requirements of Section 120.410
of Chapter I of Title 13 of the Code of Federal Regulations, and a
small business investment company licensed pursuant to Part 107
(commencing with Section 107.20) of Chapter I of Title 13 of the Code
of Federal Regulations. For loans where all or part of the fees
and matching contributions are paid by an entity participating in
the program pursuant to subdivision (e) of Section 44559.2,
"financial institution" also includes financial lenders, as defined
in Section 22009 of the Financial Code, making commercial loans, as
defined in Section 22502 of the Financial Code.
(3) A financial institution described in paragraph (2) shall be
domiciled or have its principal office in the State of California.
(e) "Loss reserve account" means an account in the State Treasury
or any financial institution that is established and maintained by
the authority for the benefit of a financial institution
participating in the Capital Access Loan Program established pursuant
to this article for the purposes of the following:
(1) Depositing all required fees paid by the participating
financial institution and the qualified business.
(2) Depositing contributions made by the state and, if applicable,
the federal government or other sources.
(3) Covering losses on enrolled qualified loans sustained by the
participating financial institution by disbursing funds accumulated
in the loss reserve account.
(f) "Participating financial institution" means a financial
institution that has been approved by the authority to enroll
qualified loans in the program and has agreed to all terms and
conditions set forth in this article and as may be required by any
applicable federal law providing matching funding.
(g) "Passive real estate ownership" means ownership of real estate
for the purpose of deriving income from speculation, trade, or
rental, but does not include any of the following:
(1) The ownership of that portion of real estate being used or
intended to be used for the operation of the business of the owner of
the real estate.
(2) The ownership of real estate for the purpose of construction
or renovation, until the completion of the construction or renovation
phase.
(h) "Program" means the Capital Access Loan Program created
pursuant to this article.
(i) "Qualified business" means a small business concern that meets
both of the following criteria, regardless of whether the small
business concern has operations that affect the environment:
(1) It is a corporation, partnership, cooperative, or other
entity, whether that entity is a nonprofit entity or an entity
established for profit, that is authorized to conduct business in the
state.
(2) It has its primary business location within the boundaries of
the state.
(j) (1) "Qualified loan" means a loan or a portion of a loan made
by a participating financial institution to a qualified business for
any business activity that has its primary economic effect in
California. A qualified loan may be made in the form of a line of
credit, in which case the participating financial institution shall
specify the amount of the line of credit to be covered under the
program, which may be equal to the maximum commitment under the line
of credit or an amount that is less than that maximum commitment. A
qualified loan made under the program may be made with the interest
rates, fees, and other terms and conditions agreed upon by the
participating financial institution and the borrower.
(2) "Qualified loan" does not include any of the following:
(A) A loan for the construction or purchase of residential
housing.
(B) A loan to finance passive real estate ownership.
(C) A loan for the refinancing of an existing loan when and to the
extent that the outstanding balance is not increased.
(D) A loan, the proceeds of which will be used in any manner that
could cause the interest on any bonds previously issued by the
authority to become subject to federal income tax.
(k) "Severely affected community" means any area classified as an
enterprise zone pursuant to the Enterprise Zone Act (Chapter 12.8
(commencing with Section 7070) of Division 7 of Title 1 of the
Government Code), any area, as designated by the executive director,
contiguous to the boundaries of a military base designated for
closure pursuant to Section 2687 of Title 10 of the United States
Code, as amended, and any other comparable economically distressed
geographic area so designated by the executive director from time to
time.
() "Small Business Assistance Fund" means a fund created within
the authority pursuant to Section 44548.
(m) "Small business concern" has the same meaning as in Section
632 of Title 15 of the United States Code, or as otherwise provided
in regulations of the authority.
SEC. 31. Section 44559.4 of the Health
and Safety Code is amended to read:
44559.4. (a) If a financial institution that is participating in
the Capital Access Loan Program established pursuant to this article
decides to enroll a qualified loan under the program in order to
obtain the protection against loss provided by its loss reserve
account, it shall notify the authority in writing on a form
prescribed by the authority, within 10 days after the date on which
the loan is made, of all of the following:
(1) The disbursement of the loan.
(2) The dollar amount of the loan enrolled.
(3) The interest rate applicable to, and the term of, the loan.
(4) The amount of the agreed upon premium.
(b) The financial institution may make a qualified loan to be
enrolled under the program to an individual, or to a partnership or
trust wholly owned or controlled by an individual, for the purpose of
financing property that will be leased to a qualified business that
is wholly owned by that individual. In that case, the property shall
be treated as meeting the requirements of paragraph (1) of
subdivision (g) of Section 44559.1.
(c) When making a qualified loan that will be enrolled under the
program, the participating financial institution shall require the
qualified business to which the loan is made to pay a fee of not less
than 2 percent of the principal amount of the loan, but not more
than 31/2 percent of the principal amount. The financial institution
shall also pay a fee in an amount equal to the fee paid by the
borrower. The financial institution shall deliver the fees collected
under this subdivision to the authority for deposit in the loss
reserve account for the institution. The financial institution may
recover from the borrower the cost of its payments to the loss
reserve account through the financing of the loan, upon the agreement
of the financial institution and the borrower. The financial
institution may cover the cost of borrower payments to the loan loss
reserve account.
(d) When depositing fees collected under subdivision (c) to the
credit of the loss reserve account for a participating financial
institution, the authority shall do the following:
(1) If no matching funds are available under a federal capital
access program or other source, the authority shall transfer to the
loss reserve account an amount that is not less than the amount of
the fees paid by the participating financial institution. However, if
the qualified business is located within a severely affected
community, the authority shall transfer to the loss reserve account
an amount equal to 150 percent of the amount of the fees paid by the
participating financial institution.
(2) If matching funds are available under a federal capital access
program or other source, the authority shall transfer, on an
immediate or deferred basis, to the loss reserve account the amount
required by that federal program or other source. However, the total
amount deposited into the loss reserve account shall not be less than
the amount which would have been deposited in the absence of
matching funds.
SEC. 5. SEC. 32. Section 6206.5 of
the Public Resources Code is amended to read:
6206.5. The commission is hereby empowered to apply to the United
States Department of the Interior for patents to the numbered school
sections in place and to accept patents, in accordance with an act
of Congress approved June 21, 1934 (Public No. 440-73d Congress)
entitled "An Act Authorizing the Secretary of the Interior to issue
patents to the numbered school sections in place, granted to the
States by the act approved February 22, 1889, by the act approved
January 25, 1927 (44 Stat. 1026), and by any other act of Congress."
SEC. 6. SEC. 33. Section 41780 of
the Public Resources Code is amended to read:
41780. (a) Each jurisdiction's source reduction and recycling
element shall include an implementation schedule that shows both of
the following:
(1) For the initial element, the jurisdiction shall divert 25
percent of all solid waste by January 1, 1995, through source
reduction, recycling, and composting activities.
(2) Except as provided in Sections 41783 and 41784, for the first
and each subsequent revision of the element, the jurisdiction shall
divert 50 percent of all solid waste on and after January 1, 2000,
through source reduction, recycling, and composting activities.
(b) This section does not prohibit a jurisdiction from
implementing source reduction, recycling, and composting activities
designed to exceed these the
requirements of this division.
SEC. 7. SEC. 34. This act is an
urgency statute necessary for the immediate preservation of the
public peace, health, or safety within the meaning of Article IV of
the Constitution and shall go into immediate effect. The facts
constituting the necessity are:
In order to ensure the protection of the environment at the
earliest possible time, it is necessary that this act take effect
immediately.