BILL NUMBER: AB 1478	AMENDED
	BILL TEXT

	AMENDED IN SENATE  AUGUST 21, 2012
	AMENDED IN SENATE  JUNE 26, 2012
	AMENDED IN SENATE  JUNE 25, 2012

INTRODUCED BY    Committee on Budget   (
  Blumenfield (Chair), Alejo, Bonilla, Brownley,
Buchanan, Butler, Cedillo, Chesbro, Dickinson, Feuer, Gordon,
Huffman, Mitchell, Monning, and Swanson   )
  Assembly Member   Blumenfield 
    (  Coauthors:   Assembly Members  
Gordon   and Huffman   ) 
    (   Coauthors:  Senators   Evans,
  Leno,   Pavley,   and Simitian 
 ) 

                        JANUARY 10, 2012

    An act to amend Sections 17210, 19970, 100010, 100115,
and 100125 of the Education Code, to amend Section 5653.1 of, to add
Section 2948 to, and to repeal Article 2 (commencing with Section
2940) of Chapter 13 of Division 3 of, the Fish and Game Code, to
amend Sections 33222, 33223, 33225, 33251, 33252, 33253, 33257,
33291, 33292, 35221, and 35231 of, and to repeal and add Section
33294 of, the Food and Agricultural Code, to amend Section 65962.5
of, to repeal Sections 14669.13 and 15819.05 of, to add Article 9.7
(commencing with Section 16428.8) to Chapter 2 of Part 2 of Division
4 of Title 2 of, and to add Chapter 5 (commencing with Section 12894)
to Part 2.5 of Division 3 of Title 2 of, the Government Code, to
amend Sections 25173.6, 25173.7, 25174, 25185.5, 25200.14, 25201.6,
25202.5, 25244.12, 25244.13, 25244.14, 25244.15, 25244.15.1,
25244.16, 25244.17, 25244.17.1, 25244.17.2, 25244.18, 25244.19,
25244.20, 25244.21, 25244.22, 25244.23, 25269.2, 25299.50.3,
25299.81, 25390.7, 25395.30, 25395.99, 25395.119, 25404, 44299.91,
44392, and 106615 of, to amend the heading of Article 11.9
(commencing with Section 25244.12) of Chapter 6.5 of Division 20 of,
to add Sections 25114.5, 25244.01, and 25244.13.1 to, to add Article
11.1 (commencing with Section 25220) to Chapter 6.5 of Division 20
of, to add Chapter 6.86 (commencing with Section 25396) to Division
20 of, to repeal Sections 25117.3, 25117.4, 25149.3, 25244.24,
25356.2, 25356.3, 25356.4, 25356.5, 25356.6, 25356.7, 25356.8,
25356.9, 25356.10, 57009, and 58004.5 of, to repeal Article 11
(commencing with Section 25220) of Chapter 6.5 of, to repeal Article
6.5 (commencing with Section 25369) of Chapter 6.8 of, to repeal
Article 8 (commencing with Section 25395.1) of Chapter 6.8 of, to
repeal Chapter 6.85 (commencing with Section 25396) of, to repeal
Chapter 6.10 (commencing with Section 25401) of, and to repeal
Chapter 6.98 (commencing with Section 25570) of, Division 20 of, the
Health and Safety Code, to amend Sections 3258, 5096.255, 5930,
14574, 21155.1, 21159.21, 25740.5, 25744.5, 25746, 25751, 32605,
42474, 42649.2, and 71300 of, to add Sections 5010.6.5, and 5010.7
to, to add Chapter 8.1 (commencing with Section 25710) to Division 15
of, to add and repeal Section 5010.6 of, and to repeal Sections
25742, 25743, 25744, and 25748 of, the Public Resources Code, to
amend Section 2851 of, and to add Section 748.5 to, the Public
Utilities Code, to amend Section 5155 of, and to add Section 5161 to,
the Vehicle Code, to amend Sections 175.5, 13201, 13202, 13207,
13388, and 13860 of, and to add Sections 147.5 and 11913.1 to, the
Water Code, to amend Section 17645.40 of the 1992 School Facilities
Bond Act (Section 34 of Chapter 552 of the Statutes of 1995), to
amend Section 17660.40 of the 1990 School Facilities Bond Act
(Section 34 of Chapter 552 of the Statutes of 1995), and to amend
Section 17698.20 of the 1988 School Facilities Bond Act (Section 34
of Chapter 552 of the Statutes of 1995), relating to public
resources, and making an appropriation therefor, to take effect
immediately, bill related to the budget.   An act to
amend Sections 530 and 5010.7 of, and to add Sections 535.5, 541.5,
and 541.6 to, the Public Resources Code, relating to public
resources, and making an appropriation therefor, to take effect
immediately, bill related to the budget. 



	LEGISLATIVE COUNSEL'S DIGEST


   AB 1478, as amended,  Committee on Budget  
Blumenfield  .  Public resources.   State
Parks: finances.  
   (1) Existing law establishes, in the Department of Parks and
Recreation, the State Park and Recreation Commission consisting of 9
members appointed by the Governor, subject to confirmation by the
Senate. Existing law requires the commission, among other things, to
establish general policies for the guidance of the Director of Parks
and Recreation in the administration, protection, and development of
the state park system.  
   This bill would establish qualification criteria for the members
of the commission, including requiring one member to have
demonstrated expertise in cultural or historical resources
management. The bill would require the Speaker of the Assembly and
the Senate Committee on Rules to each appoint one ex officio
legislative member. The bill would require the commission to evaluate
and assess the department's deferred obligations. The bill would
also authorize the commission to, among other things, conduct an
annual workshop to review the department's annual operating budget
and proposed capital improvement projects. The bill would appropriate
$20,500,000 from the State Parks and Recreation Fund to the
department for expenditure as specified. The bill would prohibit the
department from closing or proposing the closure of a state park in
the 2012-13 and 2013-14 fiscal years. The bill would also appropriate
$10,000,000 from the Safe Drinking Water, Water Quality and Water
Supply, Flood Control, River and Coastal Protection Bond Act of 2006,
to be expended as specified, including for purposes of capital
outlay and support for capital outlay projects of a state park. 

   (2) Existing law requires the department to develop a revenue
generation program as an essential component of a long-term
sustainable park funding strategy. Existing law requires all revenues
generated by the program to be deposited into the California State
Park Enterprise Fund, as provided, and spent in a specified way,
including allocating 40% of the total amount of revenues generated by
a park district to that district, as specified. Existing law
requires the department to provide an annual accounting to the
Department of Finance and relevant legislative committees of the use
of funds from a revolving loan program established by the department.
Existing law requires the department to rank proposals and awards
for loans based on specified criteria.  
   This bill would require the program revenue to be available for
encumbrance and expenditure until June 30, 2014, and for liquidation
until June 30, 2016. The bill would require the incremental revenue
generated by the program to be deposited into the State Parks and
Recreation Fund, and revenue identified as being in excess of
reevenue targets established by the department shall be transferred
to the California State Park Enterprise Fund, as provided. Among
other things, this bill would require that 50% of the total amount of
revenues deposited into the California State Park Enterprise Fund
generated by a park district be allocated to that district, as
specified. This bill would require the department to provide the
annual accounting to the Department of Finance and the relevant
legislative committees of the use of the revolving loan funds in
accordance with the purpose outlined in specified voter-approved bond
acts. This bill would include capacity of a project to improve
services, park experiences, or both, for park visitors as one of the
criteria for ranking a proposal or award of a loan.  
   (3) This bill would declare that it is to take effect immediately
as a bill providing for appropriations related to the Budget Bill.
 
   (1) Existing law establishes the Office of Education and the
Environment in the California Environmental Protection Agency to
implement the statewide environmental educational program and, in
cooperation with the State Department of Education and the State
Board of Education, develop and implement a unified education
strategy on the environment for elementary and secondary schools in
the state.  
   This bill would establish the office in the Department of
Resources Recycling and Recovery instead and make conforming changes.
 
   (2) An existing provision of the California Constitution
authorizes the Legislature, at any time after the approval by the
voters of a law authorizing the issuance of bonded indebtedness, to
reduce the amount of the indebtedness authorized by the law to an
amount not less than the amount contracted at the time of the
reduction.  
   This bill would reduce, by prescribed amounts, the amount of
bonded indebtedness authorized in the California Library Construction
and Renovation Bond Act of 1988, the Public Education Facilities
Bond Act of 1996, the California Park and Recreational Facilities Act
of 1984, the California Wildlife, Coastal, and Park Land
Conservation Act of 1988, the California Safe Drinking Water Bond Law
of 1976, the 1992 School Facilities Bond Act, the 1990 School
Facilities Bond Act, and the 1988 School Facilities Bond Act.
 
   (3) The California Environmental Quality Act (CEQA) requires a
lead agency, as defined, to prepare, or cause to be prepared by
contract, and certify the completion of, an environmental impact
report on a project, as defined, that it proposes to carry out or
approve that may have a significant effect on the environment, or to
adopt a negative declaration if it finds that the project will not
have that effect. CEQA exempts from its provisions, among other
things, certain types of ministerial projects proposed to be carried
out or approved by public agencies, and emergency repairs to public
service facilities necessary to maintain service.  
   Existing law designates the issuance of permits to operate vacuum
or suction dredge equipment by the Department of Fish and Game to be
a project under CEQA, and suspends the issuance of those permits
until the department has completed a court-ordered environmental
impact report for the project, as specified. Existing law prohibits
the use of any vacuum or suction dredge equipment in any river,
stream, or lake, for instream mining purposes, until the earlier of
the following dates: June 30, 2016, or when the Director of Fish and
Game makes a prescribed certification to the Secretary of State,
including certifying that new regulations fully mitigate all
identified significant environmental impacts and that a fee structure
is in place that will fully cover all costs to the department
related to the administration of the program.  
   This bill would repeal the June 30, 2016 date, and, instead, make
the moratorium operative until the director makes that certification
to the secretary. The bill would, in order to facilitate the making
of that certification, require the department to consult with other
agencies as it determines to be necessary, and, on or before April 1,
2013, prepare and submit to the Legislature a report with
recommendations on statutory changes or authorizations necessary to
develop the required suction dredge regulations, including, but not
limited to, recommendations relating to the mitigation of all
identified significant environmental impacts and a fee structure that
will fully cover all program costs.  
   (4) Existing law establishes the Salton Sea Restoration Council as
a state agency in the Natural Resources Agency to oversee the
restoration of the Salton Sea.  
   This bill would, on January 1, 2013, eliminate the council.
 
   (5) Existing law, the Milk and Milk Products Act of 1947,
regulates the production of milk and milk products in this state and
requires a permit from the Secretary of Food and Agriculture or from
the approved milk inspection service maintained by the county
designated by the secretary for each dairy farm in order to engage in
the business of producing market milk, as defined. Existing law
authorizes inspection fees to be levied by the county or, where there
is no approved milk inspection service for the county, the
secretary. A violation of any provision regulating the production of
milk or milk products is a crime.  
   This bill would expand the permitting and inspection fee
requirements to persons engaged in the business of producing
manufacturing milk, as provided. The bill would revise the method
under which the secretary assesses inspection fees, require the money
collected to be placed into the Department of Food and Agriculture
Fund, which may be expended upon appropriation by the Legislature,
and require the secretary to establish plan review fees for sanitary
design and construction review activities relating to dairy farms.
Because this bill would expand the scope of a crime, it would create
a state-mandated local program.  
   (6) Existing law requires a license from the secretary for each
separate milk products plant or place of business dealing in,
receiving, manufacturing, freezing, or processing milk, or any milk
product, or manufacturing, freezing, or processing imitation ice
cream or imitation ice milk.  
   This bill would raise the license fees for semifrozen milk product
plants, limited manufacturing permits issued to hotels, restaurants,
or boardinghouses, and butter testers, samplers and weighers,
technicians, pasteurizers, and graders. The bill would also include
related legislative findings.  
   (7) Existing law authorizes the Director of General Services to
enter into an agreement to lease-purchase finance or lease with an
option to purchase, with an initial option purchase price that
exceeds $2,000,000, for the purpose of providing a specified amount
of square footage of office, warehouse, parking, and related
facilities to consolidate the operations of state agencies in Long
Beach. Existing law authorizes the State Public Works Board to issue
revenue bonds, negotiable notes, or negotiable bond anticipation
notes to finance the acquisition of these facilities. 

   This bill would delete this provision.  
   (8) Existing law authorizes the State Public Works Board to issue
revenue bonds, negotiable notes, or negotiable bond anticipation
notes to finance specified facilities pursuant to a Riverside/San
Bernardino Regional Facilities Study.  
   This bill would delete this provision.  
   (9) Existing law establishes until July 1, 2014, the School
District Account in the Underground Storage Tank Cleanup Fund and
transfers in the 2009-10, 2010-11, and 2011-12 fiscal years
$10,000,000 per year from the fund to the account for payment of
claims filed by a school district that takes corrective actions to
clean up an unauthorized release from a petroleum underground storage
tank.  
   This bill would extend the provisions establishing the School
District Account from July 1, 2014, until January 1, 2016. The bill
would require that funds in the School District Account not expended
in a fiscal year remain in the School District Account, and that any
funds remaining in the account on January 1, 2016, revert to the
Underground Tank Cleanup Fund. The bill would repeal provisions
specific to encumbered funds that are in the School District Account
on July 1, 2012.  
   (10) Existing law provides for the establishment of the
Underground Storage Tank Cleanup Fund and associated authority, until
January 1, 2016, to pay for various costs of corrective action in
regard to unauthorized releases of petroleum from underground storage
tanks. Existing law provides that the repeal of the fund and
associated authority does not terminate the filing and payment of
claims against that fund until the moneys are exhausted. 

   This bill would add specified claims for corrective action filed
by a school district to those claims that can be filed and paid until
the Underground Storage Tank Cleanup Fund moneys are exhausted.
 
   (11) Existing law requires an owner, lessor, or lessee who knows
of or has probable cause to believe that a significant disposal of
hazardous waste has occurred on, under, or into land or that the land
is within 2,000 feet of a significant disposal of hazardous waste
and who intends to construct or allow to be constructed on the land a
building or structure for specified uses to apply with DTSC to
determine whether the land is to be designated as a hazardous waste
property or a border zone property. Existing law authorizes a person
to enter into an agreement with DTSC providing for the imposition of
land use restrictions on the land. Existing law restricts the use of
land if the land has been designated as a hazardous waste property or
a border zone property. Existing law authorizes DTSC to grant a
variance from the land use restrictions.  
   This bill would repeal the above provisions, but DTSC would retain
the authority to grant a variance from the land use restrictions
imposed pursuant to the repealed provisions. DTSC would also retain
the authority to enter into an agreement with a property owner
providing for restricting specific uses of the property. 

   (12) The California Expedited Remedial Action Reform Act of 1994
requires DTSC, upon the request of a responsible party, to have a
site remediated pursuant to that act. That act authorizes the use of
land use control as a part of the remedial plan for the site. That
act authorizes DTSC to modify the land use control under specified
conditions.  
   This bill would repeal that act. The bill would provide that the
requirements of the act continue to apply to sites selected for
remediation pursuant to the act before the effective date of this
measure.  
   (13) Existing law establishes the Hazardous Substance Cleanup
Arbitration Panel in the Office of Environmental Health Hazard
Assessment and authorizes a responsible party to request arbitration
before the panel, in lieu of a judicial process, for the purposes of
apportioning liability for the costs of removal and remedial actions
incurred in response to a release or threatened release of a
hazardous substance into the environment.  
   This bill would repeal the panel and the arbitration process.
 
   (14) Existing law authorizes a private site management team, upon
the approval of DTSC, to conduct an investigation of potential
hazardous substances release sites and to prepare a remedial design
for the implementation of a response plan for a release site.
 
   This bill would repeal these provisions.  
   (15) Existing law establishes the abandoned site program and
requires DTSC to develop protocols and procedures for conducting an
abandoned site survey of rural unsurveyed counties. 

   This bill would repeal that program.  
   (16) The California Land Environmental Restoration and Reuse Act
authorizes a local government to implement a program to require the
owner of property that may be affected by a hazardous material
release, or threat of a release, to undertake remedial action on the
property.  
   This bill would repeal the act.  
   (17) Existing law, the Hazardous Waste Reduction, Recycling, and
Treatment Research and Demonstration Act of 1985, requires DTSC to
establish a Hazardous Waste Technology, Research, Development, and
Demonstration Program, consisting of specified elements. 

   This bill would provide that DTSC's duty to implement that act is
contingent upon, and limited to, the availability of funding, except
as specified.  
   (18) The existing Hazardous Waste Source Reduction and Management
Review Act of 1989 requires DTSC to establish a program for hazardous
waste source reduction and provides for the creation and
nonoperation of the California Source Reduction Advisory Committee.
The act requires DTSC to establish, with regard to source reduction,
various programs, including a technical and research assistance
program, a technical assistance and outreach program, and a
California Green Business Program.  
   This bill would rename the act the Pollution Prevention and
Hazardous Waste Source Reduction and Management Review Act (act) and
would instead provide for the creation of the California Pollution
Prevention Advisory Committee, with specified membership and duties.
The bill would delete the requirement that DTSC establish those
source reduction technical assistance, research, and outreach
programs and would instead authorize DTSC to establish a technical
and research program to assist businesses in identifying and applying
pollution prevention methods, to establish a technical assistance
and outreach program to promote implementation of model pollution
prevention measures for priority business categories, and to provide
pollution prevention and training resources. The bill would also make
discretionary the development of the California Green Business
Program.  
   This bill would provide that DTSC's duty to implement the act is
contingent upon, and is limited to, the availability of funding,
except as provided with regard to the requirements imposed upon
generators.  
   (19) DTSC is required, under the act, to select at least 2
categories of generators every 2 years, for specified enforcement
activities, and is authorized to request, from any generator subject
to the act, a copy of the generator's source reduction evaluation
review and plan. A generator is required to provide the review and
plan to DTSC or unified program agency, upon request. 

   The bill would delete the requirements that DTSC select at least 2
categories of generators every 2 years for those specified
enforcement activities. 
   (20) The act requires DTSC to prepare a draft work plan once every
2 years, with specified information.  
   This bill would instead authorize DTSC to prepare a work plan on a
periodic basis, and would revise the information included in the
work plan.  
   (21) Existing law requires DTSC to develop a low-cost voluntary
program to reduce the generation of hazardous waste by large
businesses.  
   This bill would repeal that requirement. The bill would also make
conforming and technical changes.  
   (22) The Environmental Quality Assessment Act of 1986 requires the
Director of Toxic Substances Control to develop and adopt by
regulation criteria for a voluntary registration of environmental
assessors.  
   This bill would repeal the act and make conforming changes.
 
   (23) Existing law defines the term "phase I environmental
assessment" for purposes of the provisions requiring the preparation
of a phase I environmental assessment before the acquisition of a
schoolsite and specifies the information that a phase I environmental
assessment may include.  
   This bill would revise the definition of a phase I environmental
assessment to require the assessment to meet the current requirements
adopted by the American Society for Testing and Materials (ASTM) for
Standard Practice for Environmental Site Assessments: Phase I
Environmental Site Assessment Process or certain federal regulations.
The bill would impose a state-mandated local program by imposing new
duties upon local agencies.  
   (24) Existing law, the California Global Warming Solutions Act of
2006, designates the State Air Resources Board (state board) as the
state agency charged with monitoring and regulating sources of
emissions of greenhouse gases. The state board is required to adopt a
statewide greenhouse gas emissions limit equivalent to the statewide
greenhouse gas emissions level in 1990 to be achieved by 2020, and
to adopt rules and regulations in an open public process to achieve
the maximum, technologically feasible, and cost-effective greenhouse
gas emissions reductions. The act authorizes the state board to
include use of market-based compliance mechanisms. The act authorizes
the state board to adopt a schedule of fees to be paid by the
sources of greenhouse gas emissions regulated pursuant to the act,
and requires the revenues collected pursuant to that fee schedule be
deposited into the Air Pollution Control Fund and be available, upon
appropriation by the Legislature, for the purposes of carrying out
the act.  
   This bill would create the Greenhouse Gas Reduction Fund as a
special fund in the State Treasury and would require any money
collected by the state board from the auction or sale of allowances
pursuant to a market-based compliance mechanism to be deposited into
the fund and available for appropriation by the Legislature. The bill
would require a state agency, prior to expending any money
appropriated to it by the Legislature from the fund, to prepare a
record consisting of a description of proposed expenditures and of
how they will further the regulatory purposes of the Global Warming
Solutions Act of 2006, of how they will achieve specified greenhouse
gas emission reductions, how the agency considered other objectives
of that act, and how the agency will document expenditure results.
The bill would declare that these provisions do not amend the act or
the authority of the state board to adopt and implement a fee
pursuant to the act, and would declare expenditures of moneys from
the fund severable, as specified.  
   This bill would require the Department of Finance, on or before
January 10, 2013, to submit a proposed bill to the Legislature that
provides a detailed spending plan for the expenditure of moneys from
the Greenhouse Gas Reduction Fund, as specified, if the Legislature
does not pass a bill, on or before August 31, 2012, that, among other
things, specifies a process for the establishment of a long-term
spending strategy for these funds. The bill would establish a Cost of
Implementation Account in the Air Pollution Control Fund and require
fees collected from sources of greenhouse gas emissions to be
deposited into this account and available upon appropriation by the
Legislature for purposes of carrying out the California Global
Warming Solutions Act of 2006.  
   (25) Under existing law, the state board is required to consult
with other states, and the federal government, and other nations to
identify the most effective strategies and methods to, among other
things, reduce greenhouse gases.  
   This bill would impose conditions on nongovernmental entities
created to assist the state board in the implementation of the Global
Warming Solutions Act of 2006. It would also impose limitations on
any link, as defined, between the state and another state, province,
or country for purposes of a market-based compliance mechanism, by,
among other things, prohibiting any state agency, including the state
board, from taking any action to create such a link unless the state
agency notifies the Governor, and the Governor issues specified
written findings on the proposed link, that consider the advice of
the Attorney General. The bill would require the state board to give
notice to the Joint Legislative Budget Committee before undertaking
expenditures over $150,000 connected with a specified nonprofit
corporation involved in administering the extraterritorial aspects of
the state's greenhouse gas reduction program. It would also require
the California officers on the board of that nonprofit corporation to
report every 6 months to the Joint Legislative Budget Committee on
certain actions of the corporation.  
   (26) Under the Public Utilities Act, the Public Utilities
Commission (PUC) has regulatory jurisdiction over public utilities,
including                                               electrical
corporations. A violation of the Public Utilities Act or any order,
decision, rule, direction, demand, or requirement of the PUC is a
crime. The California Global Warming Solutions Act of 2006 and its
implementing regulations provide for the direct allocation of
greenhouse gas allowances to electrical corporations. 

   This bill would authorize the PUC to allocate, for specified clean
energy programs, up to 15% of the revenues received by electrical
corporations as a result of that allocation of allowances and would
require the PUC to direct the balance of those revenues to be
credited directly to the residential, small business, and
emissions-intensive trade-exposed retail customers of the electrical
corporations, as specified. The bill would also require the PUC to
require each electrical corporation to adopt a customer outreach plan
in regard to the crediting of those allowance revenues, as
specified. Because a violation of this requirement is a crime, this
bill would impose a state-mandated local program.  
   (27) Existing law, the Highway Safety, Traffic Reduction, Air
Quality, and Port Security Bond Act of 2006, approved by the voters
as Proposition 1B at the November 7, 2006, general election,
authorizes the issuance of $19.925 billion of general obligation
bonds for specified purposes, including schoolbus retrofit and
replacement purposes. Existing law specifies the responsibilities of
various agencies with regard to implementing the bond act. Existing
law also establishes various programs for the reduction of vehicular
air pollution, including the Lower-Emission School Bus Program
adopted by the State Air Resources Board. Existing law appropriates
funds to the board and requires the board to allocate these bond
funds in specified ways, including funding local air quality
management districts.  
   This bill would require the bond funds to be transferred by
January 1, 2013, if a local air district's funds, including accrued
interest, are not committed by an executed contract, as reported to
the board, by June 30, 2012, as provided. The bill would require the
local air district and the board to, by September 30, 2012, establish
a list of potential local air districts that can be the recipient of
the transferred funds, with priority given to districts with the
most polluting school buses and with the greatest need for school bus
funding.  
   The bill would require each allocation of funding made by the
board to a local air district to include enough funding for at least
one project to be implemented pursuant to the Lower-Emission School
Bus Program.  
   The bill would require all funds allocated by the board to a local
air district to be expended by June 30, 2014, and would require all
funds not expended by that date to be returned to the board.
 
   (28) Existing law prohibits the Division of Oil, Gas, and
Geothermal Resources (DOGGR) from expending, through the 2011-12
fiscal year, more than $2,000,000 in any one fiscal year for the
purpose of hazardous or idle-deserted wells. The division is
prohibited from expending, commencing with the 2012-13 fiscal year,
more than $1,000,000 in any one fiscal year for the purpose of
hazardous or idle-deserted wells.  
   This bill, instead, would authorize DOGGR to expend, commencing on
July 1, 2008, up to $2,000,000 in any one fiscal year through the
2014-15 fiscal year, and up to $1,000,000 commencing with the 2015-16
fiscal year.  
   (29) Existing law establishes the State Parks and Recreation Fund
into which are deposited fees, rents, and other returns for use of
the state parks, and moneys in the fund are available for expenditure
for state park planning, acquisition, and development projects,
operation of the state park system, and resource and property
management and protection, when appropriated by the Legislature.
 
   This bill would require the Department of Parks and Recreation
(DPR) to develop a revenue generation program as an essential
component of a long-term sustainable park funding strategy, in
accordance with prescribed requirements. The bill would require that
all revenues generated by the revenue program developed pursuant to
the bill be deposited into the California State Park Enterprise Fund,
which the bill would create. The bill would make moneys in the fund
available to the department for expenditure, upon appropriation by
the Legislature, to be used for specified purposes relating to
revenue generating activities by specified park districts and DPR.
The bill would require DPR to establish a revolving loan program and
prepare guidelines for park districts to apply for funds available
under the program, as prescribed.  
   The bill would require that the sum of $3,000,000, unexpended and
available to DPR from the California Clean Water, Clean Air Safe
Neighborhood Parks, and Coastal Protection Fund, and the sum of
$10,000,000 from the unexpended balance of specified bond funds made
available to DPR under the Safe Drinking Water, Water Quality and
Supply, Flood Control, River and Coastal Protection Bond Act of 2006,
be transferred and deposited into the California State Park
Enterprise Fund, and would authorize the expenditure of those funds,
upon appropriation by the Legislature, for the purposes of the
revenue generation program.  
   (30) Existing law authorizes DPR to collect fees, rents, and other
returns for the use of any state park system area, in amounts
determined by DPR. Existing law requires that all revenues received
by DPR during each fiscal year be paid into the State Treasury to the
credit of the State Parks and Recreation Fund, and requires that
those funds be available, with specified exceptions, for state park
planning, acquisition, and development projects, operation of the
state park system, and resource and property management and
protection, when appropriated by the Legislature.  
   This bill would create the State Parks Revenue Incentive
Subaccount within the State Parks and Recreation Fund and would
require the Controller to annually transfer $15,340,000 from the
State Parks and Recreation Fund into the subaccount. The bill would
continuously appropriate the money in the subaccount to DPR to create
incentives for projects that are consistent with the mission of DPR
and that generate revenue and would prohibit DPR from expending more
than $11,000,000 annually from the subaccount to administer, protect,
develop, and interpret the property under its jurisdiction. The bill
would require the Office of State Audits and Evaluations to review
the activities funded from the subaccount.  
   The bill would require the revenue generated from projects funded
by the subaccount to be deposited in the subaccount and would
continuously appropriate that revenue for expenditure by DPR, of
which at least 50% of the revenue would be required to be expended in
the district of DPR that earned the revenue.  
   The bill would provide that the funds in the subaccount are
available for encumbrance and expenditure until June 30, 2014, and
for liquidation until June 30, 2016. The bill would make the
provision establishing the subaccount inoperative on June 30, 2016,
and would repeal the provision on January 1, 2017. The bill would
require the Controller, on July 1, 2016, to transfer any unexpended
funds remaining in the subaccount to the State Parks and Recreation
Fund.  
   (31) Existing law authorizes the Department of Motor Vehicles
(DMV) to issue specialty license plates, including environmental
license plates and specified special environmental design license
plates. The department is required to charge specified fees for
certain services related to the issuance of those plates. 

   This bill would additionally authorize DMV, in consultation with
DPR, to design and make available for issuance special state parks
environmental license plates bearing a full-plate graphic design
depicting a California redwood tree, as specified, upon payment of an
additional fee by a person applying for the special plate. 

   (32) Existing law continuously appropriates state and federal
funds in the State Water Pollution Control Revolving Fund to the
State Water Resources Control Board for loans and other financial
assistance for the construction of publicly owned treatment works by
a municipality, the implementation of a management program, the
development and implementation of a conservation and management plan,
and other related purposes in accordance with the federal Clean
Water Act and the Porter-Cologne Water Quality Control Act. 

   This bill would state the intent of the Legislature that the State
Water Resources Control Board make loans to DPR of up to $10,000,000
each fiscal year until June 30, 2016, from the State Water Pollution
Control Revolving Fund for eligible projects associated with water,
wastewater, and septic systems, and other water-related projects.
 
   (33) Existing law requires moneys deposited to the credit of the
Motor Vehicle Fuel Account in the Transportation Tax Fund to be
transferred monthly to the Off-Highway Vehicle Trust Fund in an
amount attributable to taxes imposed upon distributions of motor
vehicle fuel used in the operation of motor vehicles off highway. The
Off-Highway Vehicle Trust Fund is administered by DPR, and moneys in
the fund are available, upon appropriation, to the department.
 
   This bill would require the Controller to transfer the sum of
$21,000,000 on July 1, 2012, to the Department of Parks and
Recreation Fund from moneys in the Motor Vehicle Fuel Account that
would otherwise be deposited into the Off-Highway Motor Vehicle Fund.
 
   (34) The Reliable Electric Service Investments Act required the
PUC to require the state's 3 largest electrical corporations, until
January 1, 2012, to identify a separate electrical rate component,
commonly referred to as the "public goods charge," to collect
specified amounts to fund energy efficiency, renewable energy, and
research, development, and demonstration programs that enhance system
reliability and provide in-state benefits, including the California
Solar Initiative. An existing decision of the PUC institutes an
Electric Program Investment Charge (EPIC), subject to refund, to fund
renewable energy and research, development, and demonstration
programs.  
   This bill would create in the State Treasury the Electric Program
Investment Charge Fund to be administered by the State Energy
Resources Conservation and Development Commission (Energy
Commission). The bill would require moneys received by the PUC for
those EPIC programs the PUC has determined should be administered by
the Energy Commission to be forwarded by the PUC to the Energy
Commission at least quarterly for deposit in the fund, as specified.
This bill would revise language regarding funding for the California
Solar Initiative to conform with the termination of the "public goods
charge."  
   (35) Existing law establishes the Renewable Energy Resources
Program for the purposes of optimizing public investment and ensuring
the most cost-effective and efficient investment in renewable energy
resources. Existing law establishes the Renewable Resource Trust
Fund, and upon appropriation by the Legislature in the annual Budget
Act, moneys in the fund may be expended for the administration of the
program and state expenditures associated with an accounting system.
The remaining moneys in the fund are deposited in various accounts
within the fund, and those moneys and accounts are continuously
appropriated to the commission to implement the program. Existing law
requires the Energy Commission to administer the program. 

   This bill would revise and recast the program to conform these
provisions with the termination of the public goods charge and,
except for the Emerging Renewable Resources Account, would eliminate
the accounts within the fund. The bill would continuously appropriate
the money in the Emerging Renewable Resources Account to the Energy
Commission to close out the award of incentives for emerging
technologies and consumer education activities , as specified.
 
   (36) Existing law establishes the San Gabriel and Lower Los
Angeles Rivers and Mountains Conservancy, and prescribes the
functions, duties, and membership of the conservancy. Existing law
requires that the governing board of the conservancy consist of 13
voting members and 7 nonvoting members, and requires that the voting
members include 2 members of the board of directors of the San
Gabriel Valley Council of Governments, one of whom shall be a mayor
or city council member of a city bordering along the San Gabriel
River, and one of whom shall be a mayor or a city council member of a
city bordering the San Gabriel Mountains area. Existing law further
requires that one member be appointed by a majority of the membership
of that board of directors, and one member be appointed by the
Senate Committee on Rules from a list of 2 or more potential members
submitted by the board of directors.  
   This bill would authorize the Senate Committee on Rules, if the
San Gabriel Valley Council of Governments fails to provide to the
Senate Committee on Rules a list of 2 or more potential members at
least 30 days prior to the date a current appointee's term of office
ends, to appoint a mayor or city council member of a city bordering
along the San Gabriel River or the San Gabriel Mountains, or a member
of the public who resides within the territory of the conservancy.
 
   (37) Existing law, the California Beverage Container Recycling and
Litter Reduction Act (act), requires a distributor to pay a
redemption payment no later than the 2nd month following the sale of
a beverage container, between February 1, 2010, and June 30, 2012,
and, after that date, to make that payment no later than the 3rd
month following the sale. Existing law requires the payments to be
made to the Department of Resources Recycling and Recovery
(CalRecycle), which is required to deposit those amounts in the
California Beverage Container Recycling Fund. Under existing law, the
money in the fund is continuously appropriated to CalRecycle. A
violation of the act is a crime.  
   This bill would instead require, as of July 1, 2012, that the
payment be made no later than the last day of the month following the
sale, thereby imposing a state-mandated local program by changing
the definition of a crime.  
   (38) The Electronic Waste Recycling Act of 2003 requires a
retailer selling a covered electronic device in this state to collect
an electronic waste recycling fee and to transmit the fee to
CalRecycle. Existing law provides for the administration of the act
by both CalRecycle and DTSC and authorizes CalRecycle to
administratively impose civil liability for each sale of a covered
electronic device for which a covered electronic waste recycling fee
has not been paid and against manufacturers for failure to comply
with the act. The fines and penalties collected under the act are
required to be deposited in the Electronic Waste Penalty Subaccount,
and CalRecycle and the DTSC are authorized to expend the fines and
penalties deposited in the subaccount, upon appropriation by the
Legislature. CalRecycle is required to make electronic waste recovery
payments directly to an authorized collector or to a covered
electronic waste recycler that meets specified eligibility
requirements for payment to an authorized collector and to make
electronic waste recycling payments to a covered electronic waste
recycler.  
   This bill would authorize CalRecycle to administratively impose
civil liability against a person who makes a false statement or
representation in a document filed, submitted, maintained, or used
for purposes of compliance with the act. The bill would authorize
CalRecycle to revoke the approval or deny the renewal application of
an authorized collector or covered electronic waste recycler that
makes a false statement or representation, and to deny an application
for approval or renewal from an authorized collector or covered
electronic waste recycler that, or an individual identified in the
application who, has a history demonstrating a pattern of operation
in conflict with the act. The bill would require a person challenging
certain regulatory actions under the act, or an approved covered
electronic waste recycler challenging the denial or adjustment of an
electronic waste recovery payment or electronic waste recycling
payment, to first exhaust all administrative remedies by filing with
CalRecycle a timely administrative appeal, in accordance with the
regulations adopted to implement the act.  
   (39) Existing law requires a business that generates more than 4
cubic yards of commercial solid waste per week to arrange for
recycling services, as prescribed.  
   This bill would instead require a business that generates 4 cubic
yards or more of commercial solid waste per week to arrange for the
recycling services.  
   (40) Under existing law, the State Water Resources Control Board
and the 9 California regional water quality control boards prescribe
waste discharge requirements in accordance with the federal national
pollutant discharge elimination system (NPDES) permit program
established by the federal Clean Water Act and the Porter-Cologne
Water Quality Control Act (state act). The state act requires
regional boards to consist of 9 members appointed by the Governor,
one for each of 6 descriptions of qualifications enumerated in the
state act and 3 not specifically associated with any of those
enumerated qualifications. The state act disqualifies a person from
being a member of the state board or a regional board if that person
receives or has received during the previous 2 years a significant
portion of his or her income directly or indirectly from a person
subject to, or applicants for discharge permits pursuant to, the
NPDES requirements.  
   This bill would revise the state act to establish regional boards
of 7 members each, as specified, to be appointed by the Governor.
This bill would also require the terms of office for members of each
regional board to be staggered and expire in accordance with a
prescribed schedule. This bill would, under specified conditions,
provide that a person is not disqualified from being a member of a
regional board if that person receives or has received during the
previous 2 years income directly or indirectly from a person who has
been issued a discharge permit by the state board or a regional board
other than the one of which he or she is a member. 

   (41) The state act prohibits a member of the state board or a
regional board from participating in specified board actions that
involve the board member or any waste discharger with which the board
member is connected as a director, officer, or employee, or in which
the board member has a financial interest within the meaning of the
Political Reform Act of 1974.  
   This bill would delete the provision prohibiting a board member
from participating in actions that involve the member or a waste
discharger with which the member is connected. The bill would specify
that the limitation on a board member's financial interest applies
only to a disqualifying financial interest within the meaning of the
Political Reform Act of 1974.  
   (42) Under existing law, costs of the state water project incurred
for the enhancement of fish and wildlife or for the development of
public recreation are nonreimbursable from prices, rates, or charges
for water or power. Existing law states the intent of the Legislature
to appropriate money from the General Fund to reimburse those costs
in connection with the state water project, as prescribed. 

   Existing law establishes the Harbors and Watercraft Revolving Fund
and requires all money received by the Department of Boating and
Waterways to be credited to this fund. Under existing law, fees for
the issuance and renewal of a certification of numbering of a vessel
by DMV are also deposited into the Harbors and Watercraft Revolving
Fund and the moneys from these fees are continuously appropriated to
the Department of Motor Vehicles to administer the registration
program and to the Department of Boating and Waterways, as
prescribed. Existing law also transfers money deposited to the credit
of the Motor Vehicle Fuel Account to the Harbors and Watercraft
Revolving Fund, for expenditure, as prescribed. Under existing law,
all money in the fund is also available, upon appropriation, to the
Department of Boating and Waterways, DPR, the Department of Fish and
Game, the Department of Food and Agriculture, and the State Water
Resources Control Board for, among other things, boating-related
facility development, addressing boating safety programs,
boating-related spread of invasive species, and regulatory
activities. 
   This bill would, on July 1, 2012, and each July 1 thereafter,
transfer $7,500,000 from the General Fund portion of the Harbors and
Watercraft Revolving Fund to the Davis-Dolwig Account (account),
which this bill would establish in the California Water Resources
Development Bond Fund. This bill would, for the purposes of
reimbursing costs of the State Water Resources Development System
incurred for recreation and the enhancement of fish and wildlife,
continuously appropriate $7,500,000 from the account to the
Department of Water Resources (DWR) and require any amount in the
account in excess of $20,000,000 on June 30 of each year to be
transferred back to the Harbors and Watercraft Revolving Fund. This
bill would also transfer $2,500,000 from the General Fund portion of
the Harbors and Watercraft Revolving Fund to the account and
continuously appropriate $2,500,000 from the account to DWR for the
payment of state recreation and fish and wildlife enhancement costs
incurred on or before December 31, 2011, and would make this transfer
and appropriation inoperative upon certification of full payment of
these costs by the Director of Finance. This bill would require the
DWR to provide, as part of the annual Governor's budget process,
details of the account balance and expenditures from the account.
This bill would provide that funds made available to the DWR in the
account fulfill the legislative intent to provide funds for fish and
wildlife enhancements and recreation.  
   (43) Existing law authorizes the Governor, in certain
circumstances, to direct the Controller to make transfers of money
from any special funds and other accounts to the General Cash
Revolving Fund.  
   This bill would authorize the Controller to use the Davis-Dolwig
Account for cash flow loans to the General Fund in accordance with
specified provisions.  
   (44) Existing law requires the department to prepare and submit
annually, as prescribed, to the chairpersons of the fiscal committees
of the Legislature a report with regard to the budget for the State
Water Resources Development System.  
   This bill would require the department, at least 60 days prior to
the final approval of the renewal or extension of a long-term water
supply contract, to present, at an informational hearing before
specified committees of the Legislature, the details of the terms and
conditions of the contract and how they serve as a template for the
                                                  remaining long-term
water supply contracts.  
   (45) Existing law establishes the Public Utilities Reimbursement
Account into which is deposited registration fees collected from
electric service providers and annual fees paid by every electrical,
gas, telephone, telegraph, water, sewer system, and heat corporation
and every other public utility providing service directly to
customers or subscribers and subject to the jurisdiction of the
commission other than a railroad.  
   The bill would appropriate $139,000 from the Public Utilities
Reimbursement Account to the Office of Environmental Health Hazard
Assessment for staffing to perform activities related to identifying
and determining inhalation standards for certain constituents of
biomethane injected into a common carrier pipeline. 

   (46) The bill would appropriate $1,000 from the State Parks and
Recreation Fund to DPR for administrative costs.  
   (47) 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.  
   This bill would provide that with regard to certain mandates no
reimbursement is required by this act for a specified reason.
 
   With regard to any other mandates, this bill would provide that,
if the Commission on State Mandates determines that the bill contains
costs so mandated by the state, reimbursement for those costs shall
be made pursuant to the statutory provisions noted above. 

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

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


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

   SECTION   1.    The Legislature finds and
declares the following:  
   (a) The failure of the Department of Parks and Recreation to
accurately account for its revenues and its failure to disclose
balances in special funds has had numerous negative consequences. It
has undermined public confidence in the department, it has threatened
relationships with donors, local governments, and nonprofits that
entered or are considering entering into agreements with the
department to help keep parks open during this time of decreased
General Fund support for the department, and it could make it more
difficult to enter into revenue generation activities that depend on
increased public support and visitation at California's state parks.
 
   (b) It is the intent of the Legislature to ensure that the
appropriate recommendations from all internal and independent audits
and investigations are implemented in order to help restore public
confidence in the department.  
   (c) It is further the intent of the Legislature to acknowledge
that, despite the failure to disclose balances in special funds, the
department is embarking on a new revenue generation program to help
alleviate its decreased General Fund support. To that end, the
revenues that were collected by the department but which were not
disclosed should be used exclusively to help keep parks open and,
where appropriate and necessary, to match moneys from third-party
donors and partners that entered into agreements with the department
to help keep one or more state parks open. These funds should be used
to help establish a sustainable, long-term funding strategy. A
preference for such funds should be established at parks where donors
have contributed nonstate financial resources.  
   (d) The department has demonstrated that greater public and
legislative oversight is necessary. Adjusting the membership of the
State Park and Recreation Commission to provide opportunities for
experienced and professional experts from qualified organizations
with expertise and interest in improving the management and
programming within the department is essential. It is equally
important to add ex officio legislative members to the commission.
 
   (e) It is further the intent of the Legislature to encourage
formation of a multidisciplinary advisory council, including, but not
limited to, members of the public, persons with park management
expertise, representatives of nonprofit park organizations, and
representatives of the private philanthropic community, to conduct an
independent assessment and make recommendations to the Legislature
and the Governor on future management, planning, and funding
proposals that will ensure the long-term sustainability of the state
park system.  
   (f) It is further the intent of the Legislature that any funding
in excess of current fund balances reported in the Governor's Budget
within the Off-Highway Vehicle Trust Fund shall be spent according to
current law. 
   SEC. 2.    Section 530 of the   Public
Resources Code   is amended to read: 
   530.   (a)    There is in the department the
State Park and Recreation Commission  consisting of nine
members   . The members shall be selected as follows:

    (1)     Nine members, as follows, shall be
 appointed by the Governor, subject to confirmation by the
Senate.  Whenever  
   (A) Three members shall represent the public.  
   (B) One member shall have demonstrated expertise in cultural or
historic resources management.  
   (C) One member shall have background as a parks professional with
experience in local, regional, or national parks or may be a retired
state parks employee from the department.  
   (D) One member shall represent nonprofit or other organizations
with statewide policy expertise with the state park system or in
operating one or more state parks through operating agreements or
other arrangements.  
   (E) One member shall represent a statewide conservation
organization with expertise in the administration or programs of the
department.  
   (F) One member shall have a background in the recreational
industry.  
   (G) One member shall represent a local business community that has
significant and beneficial relationships with one or more state
parks.  
   (2) The Speaker of the Assembly and the Senate Committee on Rules
shall each appoint one ex officio legislative member.  
   (b) As appointments are made to the commission after the effective
date of the act that amended this section during the 2011-12 Regular
Session, the Governor shall ensure that appointments are made in
conformance with this section. 
    (c)     If  a reference is made to the
State Park Commission or Recreation Commission pertaining to a duty,
power, purpose, responsibility, or jurisdiction of the State Park
Commission or the Recreation Commission, it shall be deemed to be a
reference to and to mean the State Park and Recreation Commission.

   The 
    (d)     The  commission chair may
appoint committees composed of commission members and the duties of
the committees shall include, but not be limited to, those duties set
forth in Sections 539 and 540. Findings and recommendations of the
committees shall be presented to the commission for consideration and
action.
   SEC. 3.    Section 535.5 is added to the  
Public Resources Code   , to read:  
   535.5.  (a) The commission shall evaluate and assess the
department's deferred maintenance obligations. After public notice
and at a public hearing, following a presentation by the relevant
district superintendent, it may consider the nature and extent, and
establish the relative priority, of prospective deferred maintenance
projects of the department.
   (b) The commission may provide advice to the Governor, the
Legislature, and the department on policies, projects, and other
matters pertaining to parks, recreation, and public access affecting
the state park system.
   (c) The commission may conduct an annual workshop or series of
workshops to review the department's annual operating budget and
proposed capital improvement projects.
   (d) The commission may make recommendations to improve visitor
services and visitor satisfaction in parks, assess the progress and
challenges with regard to the protection of natural, cultural, and
historical resources within the state park system, and enhance
revenue opportunities across the state park system.
   (e) The commission may assist in promoting the state park system
and parks and recreational facilities and programs. 
   SEC. 4.    Section 541.5 is added to the  
Public Resources Code   , to read:  
   541.5.  (a) The department shall not close, or propose to close, a
state park in the 2012-13 or 2013-14 fiscal year. The commission and
the department shall recommend all necessary steps to establish a
sustainable funding strategy for the department to the Legislature on
or before January 1, 2015.
   (b) There is hereby appropriated twenty million five hundred
thousand dollars ($20,500,000) to the department from the State Parks
and Recreation Fund, which shall be available for encumbrance for
the 2012-13 and 2013-14 fiscal years, to be expended as follows:
   (1) Ten million dollars ($10,000,000) shall be available to
provide for matching funds pursuant to subdivision (c).
   (2) Ten million dollars ($10,000,000) shall be available for the
department to direct funds to parks that remain at risk of closure or
that will keep parks open during the 2012-13 and 2013-14 fiscal
years. Priority may be given to parks subject to a donor or operating
agreement or other contractual arrangement with the department.
   (3) Up to five hundred thousand dollars ($500,000) shall be
available for the department to pay for ongoing audits and
investigations as directed by the Joint Legislative Audit Committee,
the office of the Attorney General, the Department of Finance, or
other state agency.
   (c) The department shall match on a dollar-for-dollar basis all
financial contributions contributed by a donor pursuant to an
agreement for the 2012-13 fiscal year for which the department
received funds as of July 31, 2013, and for agreements entered into
in the 2013-14 fiscal year. These matching funds shall be used
exclusively in the park unit subject to those agreements.
   (d) The department shall notify the Joint Legislative Budget
Committee in writing not less than 30 days prior to the expenditure
of funds under this section of the funding that shall be expended,
the manner of the expenditure, and the recipient of the expenditure.

   SEC. 5.    Section 541.6 is added to the  
Public Resources Code   , to read:  
   541.6.  (a) There is hereby appropriated ten million dollars
($10,000,000) from the Safe Drinking Water, Water Quality and Water
Supply, Flood Control, River and Coastal Protection Bond Act of 2006
(Division 43 (commencing with Section 75001)) to be expended as
follows:
   (1) The amount appropriated in this item is available for
expenditures for capital outlay and support for capital outlay
projects of a state park.
   (2) No commitment of funds from this item shall be authorized
prior to 30 days after the Department of Parks and Recreation
notifies the Joint Legislative Budget Committee and the Department of
Finance of the projects to be funded from this section. No funds
shall be expended for capital outlay projects without prior approval
of the State Public Works Board.
   (3) The amount appropriated in this section shall be available for
expenditure until June 30, 2015. 
   SEC. 6.    Section 5010.7 of the   Public
Resources Code   is amended to read: 
   5010.7.  (a) The department shall develop a revenue generation
program as an essential component of a long-term sustainable park
funding strategy. On or before October 1, 2012, the department shall
assign a two-year revenue generation target to each district under
the control of the department. The revenue target may be amended
annually for subsequent years, beginning in the 2015-16 fiscal year.
The department shall develop guidelines for districts to report the
use of funds generated by the revenue generation program, and shall
post information and copies of the reports on its Internet Web site.

   (b) All revenues generated by the revenue generation program
developed pursuant to subdivision (a) shall be deposited into the
California State Park Enterprise Fund, which is hereby created in the
State Treasury as a working capital fund, and the revenues shall be
available to the department upon appropriation by the Legislature,
for expenditure for those purposes specified in this section.
 
   (b) The California State Park Enterprise Fund is hereby created in
the State Treasury as a working capital fund, and the revenue shall
be available to the department upon appropriation by the Legislature,
for the expenditures for the purposes specified in this section and
shall be available for encumbrance and expenditure until June 30,
2014, and for liquidation until June 30, 2016.  
   (c) The incremental revenue generated by the revenue generation
program developed pursuant to subdivision (a) shall be deposited into
the State Parks and Recreation Fund. Revenue identified as being in
excess of the revenue targets shall be transferred to the California
State Park Enterprise Fund on or before June 1, annually. 

   (c) 
    (d)  Moneys appropriated to the department pursuant to
subdivision (b) and Section 5010.6 shall be expended as follows:
   (1) (A) The department shall allocate  40  
50  percent of the total amount of revenues  deposited into
the California State Park Enterprise Fund pursuant to subdivision
(c),  generated by a park district to that district if the
amount of revenues generated exceeds the targeted revenue amount
prescribed in the revenue generation program. The revenues to be
allocated to a park district that fails to achieve the revenue target
shall remain in the fund.
   (B) With the approval of the director, each district shall use the
funds it receives from the department from the revenue generation
program to improve the parks in that district through revenue
generation programs and projects and other activities that will
assist in the district's revenue generation activities, and the
programs, projects, and other activities shall be consistent with the
mission and purpose of each unit and with the plan developed for the
unit pursuant to subdivision (a) of Section 5002.2.
   (2) The department shall use  40   50 
percent of the funds  generated from the revenue generation
activities of the department   deposited into the
California State Park Enterprise Fund pursuant to subdivision (c)
 for the following purposes:
   (A) To fund the capital costs of construction and installation of
new revenue and fee collection equipment and technologies and other
physical upgrades to existing state park system lands and facilities.

   (B) For costs of restoration  and   , 
rehabilitation  ,   and improvement  of the state
park system and its natural, historical, and visitor-serving
resources that enhance visitation and are designed to create
opportunities to increase revenues.
   (C) For costs to the department to implement the action plan
required to be developed by the department pursuant to Section
5019.92 of the Public Resources Code. 
   (D) To establish a revolving loan program pursuant to subdivision
(e).  
   (d) 
    (e)  (1) The department shall establish a revolving loan
program and prepare guidelines establishing a process for  those
 districts  that receive moneys under paragraph (1) of
subdivision (d)  to apply for funds that exceed the amount of
funds provided to the districts pursuant to paragraph (1) of
subdivision  (c)   (d)  . It is the intent
of the Legislature that the revolving loan program fund only those
projects that will contribute to the success of the department's
revenue generation program and the continual growth of the fund over
time. Districts may apply for funds for capital projects, personnel,
and operations that are consistent with this subdivision, including
the costs of preparing an application. The department shall provide
an annual accounting to the Department of Finance and the relevant
legislative committees of the use of those funds  in accordance
with the purposes outlined in Proposition 40 (the California Clean
Water, Clean Air, Safe Neighborhood Parks, and Coastal Protection
Bond Act of 2002 (Chapter 1.696 (commencing with Section 5096.600) of
Division 5) and Proposition 84 (the Safe Drinking Water, Water
Quality and Supply, Flood Control, River and Coastal Protection Bond
Act of   2006 (Division 43 (commencing with Section 75001)),
voter   -approved bond acts  .
   (2) The guidelines prepared pursuant to paragraph (1) shall
require that applications for funding include all of the following:
   (A) A clear description of the proposed use of funds, including
maps and other drawings, as applicable.
   (B) A market analysis demonstrating demand for the project or
service.
   (C) The projected life-span of the project, which must be at least
20 years for a proposed capital project.
   (D) A projection of revenues, including the specific assumptions
for annual income, fees, occupancy rates, pricing, and other relevant
criteria upon which the projection is based.
   (E) A projection of costs, including, but not limited to, design,
planning, construction, operation, staff, maintenance, marketing, and
information technology.
   (F) The timeframe for implementation, including all necessary
reviews and permitting.
   (G) The projected net return on investment of the life of the
project.
   (H) Provisions providing for mandatory reporting on the project by
districts to the department. 
   (e) 
    (f)  The department shall rank all of the proposals and
award loans for projects or other activities to districts based on
the following criteria, as well as other considerations that the
department considers relevant:
   (1) Return on investment.
   (2) Length of time for implementation.
   (3) Length of time for the project debt to be retired.
   (4) Percentage of total project costs paid by the district or by a
source of matching funds.
   (5) Annual operating costs. 
   (6) Capacity of project to improve services or park experiences,
or both, for park visitors.  
   (f) 
    (g)  The funds generated by the revenue generation
program shall not be used by the department to expand the park
system, unless there is significant revenue generation potential from
such an expansion. 
   (g) 
    (h)   Moneys   Notwithstanding
Section 5009, moneys  received by the department from private
contributions and other public funding sources may also be deposited
into the California State Park Enterprise Fund for use for the
purposes  of paragraph (3)  of subdivision (c) and
subdivision (d). 
   (h) 
    (i)  The department shall provide all relevant
information on its Internet Web site concerning how the working
capital funds are spent, including the guidelines and the department'
s ranking criteria for each funded loan agreement. 
   (i) 
    (j)  A project agreement shall be negotiated between the
department and a park unit and the total amount of requested project
costs shall be allocated to the district as soon as is feasible when
the agreement is finalized. 
   (j) 
    (k)  The department may recoup its costs for
implementing and administering the working capital from the fund.
   SEC. 7.    This act is a bill providing for
appropriations related to the Budget Bill within the meaning of
subdivision (e) of Section 12 of Article IV of the California
Constitution, has been identified as related to the budget in the
Budget Bill, and shall take effect immediately.  All matter
omitted in this version of the bill appears in the bill as amended in
the Senate, June 26, 2012. (JR11)