Bill Text: CA AB122 | 2023-2024 | Regular Session | Amended
Bill Title: Public resources trailer bill.
Spectrum: Committee Bill
Status: (Engrossed) 2023-08-14 - Re-referred to Com. on B. & F.R. [AB122 Detail]
Download: California-2023-AB122-Amended.html
Amended
IN
Senate
June 24, 2023 |
Amended
IN
Assembly
February 01, 2023 |
Introduced by Committee on Budget (Assembly Members Ting (Chair), Alvarez, Arambula, Bennett, Bonta, Wendy Carrillo, Cervantes, Connolly, Mike Fong, Friedman, Garcia, Hart, Jackson, Jones-Sawyer, Lee, McCarty, Muratsuchi, Ramos, Reyes, Luz Rivas, Blanca Rubio, Wicks, and Wood) |
January 09, 2023 |
LEGISLATIVE COUNSEL'S DIGEST
This bill would express the intent of the Legislature to enact statutory changes, relating to the Budget Act of 2023.
Digest Key
Vote: MAJORITY Appropriation:Bill Text
The people of the State of California do enact as follows:
SECTION 1.
It is the intent of the Legislature that the administration conduct an assessment of offshore wind energy permitting and related resource needs across applicable state entities, including, but not limited to, the State Energy Resources Conservation and Development Commission, the State Lands Commission, the California Coastal Commission, and the State Coastal Conservancy. The assessment may include, but is not limited to, reviewing existing offshore wind energy-related positions and funding available at the applicable state entities, and potential additional needs and timeline of needs to support future offshore wind energy projects. The outcomes of the assessment may be considered as part of a future budget.SEC. 2.
With respect to Section 20, which amends Section 5080.18 of the Public Resources Code, the Legislature finds and declares both of the following:SEC. 3.
Section 1021.8 of the Code of Civil Procedure is amended to read:1021.8.
(a) Whenever the Attorney General prevails in a civil action to enforce Section 17537.3, 22445, 22446.5, 22958, 22962, or 22963 of the Business and Professions Code, Section 52, 52.1, 55.1, or 3494 of the Civil Code, the Corporate Securities Law of 1968 (Division 1 (commencing with Section 25000) of Title 4 of the CorporationsSEC. 4.
Section 1610 of the Fish and Game Code is amended to read:1610.
(a) Except as provided in subdivision (b), this chapter does not apply to any of the following:SEC. 5.
Chapter 11.5 (commencing with Section 1927) is added to Division 2 of the Fish and Game Code, to read:CHAPTER 11.5. Western Joshua Tree Conservation Act
1927.
This chapter shall be known, and may be cited as, the Western Joshua Tree Conservation Act.1927.1.
For purposes of this chapter, the following definitions apply:1927.2.
(a) No person or public agency shall import into this state, export out of this state, or take, possess, purchase, or sell within this state, a western Joshua tree or any part or product of the tree, except as authorized pursuant to any of the following, as applicable:1927.3.
(a) The department may authorize, by permit, the taking of a western Joshua tree if all of the following conditions are met:1927.4.
(a) The department may issue a permit to authorize either the removal or trimming of dead western Joshua trees or the trimming of live western Joshua trees.1927.5.
(a) The Western Joshua Tree Mitigation Fund, created by the commission pursuant to Section 749.10 of Title 14 of the California Code of Regulations, is hereby continued in existence by this chapter, and is renamed the Western Joshua Tree Conservation Fund. Notwithstanding Section 13340 of the Government Code, any moneys in the fund are continuously appropriated to the department solely for the purposes of acquiring, conserving, and managing western Joshua tree conservation lands and completing other activities to conserve the western Joshua tree.1927.6.
(a) The department shall develop and implement a western Joshua tree conservation plan in collaboration with the commission, governmental agencies, California Native American tribes, and the public. The conservation plan shall incorporate a description of management actions necessary to conserve the western Joshua tree and objective, measurable criteria to assess the effectiveness of such actions. The conservation plan shall also include guidance for the avoidance and minimization of impacts to western Joshua trees and protocols for the successful relocation of western Joshua trees. The department shall present a complete draft conservation plan at a public meeting of the commission, for its review and approval, by December 31, 2024. The commission shall take final action on the conservation plan by June 30, 2025. The department and commission shall, if necessary, periodically update the conservation plan to ensure the conservation of the species.1927.7.
(a) Beginning in 2025, by January 31 of each calendar year, the department shall submit an annual report to the commission and the Legislature assessing the conservation status of the western Joshua tree, including, but not limited to, by detailing the number of permits issued, the number and size class of western Joshua trees authorized to be taken, the number of western Joshua trees lethally removed, the number and location of western Joshua trees relocated, the number and location of acres of western Joshua tree woodlands developed, the type, scope, and scale of mitigation measures undertaken by permittees, the number and location of acres of western Joshua tree woodlands conserved, the quality of the acres conserved, the amount of fees paid, the amount of all expenditures from the fund, the projects and actions funded by expenditures from the fund, the adequacy of the fees to conserve the western Joshua tree, actions taken pursuant to the conservation plan, and other relevant information. The department’s annual report shall summarize the information provided by counties and cities pursuant to agreements entered into pursuant to subdivision (c) of Section 1927.3 and subdivision (b) of Section 1927.4.1927.8.
(a) Beginning in 2026, and at least every two years thereafter, the commission shall review the status of the western Joshua tree and the effectiveness of the conservation plan in conserving the species at a public meeting to be held prior to August 31. Concurrent with each review conducted pursuant to this section, the department shall make recommendations to the commission, as necessary, for amendments to the conservation plan to ensure the conservation of the western Joshua tree.1927.9.
No later than January 1, 2033, the department shall submit to the commission an update to the status review previously submitted pursuant to Section 2074.6 for the western Joshua tree that incorporates any new scientific information relevant to the status of the species and includes an evaluation of the impact of the conservation and management efforts pursuant to this chapter. The commission shall consider the updated status review in making its findings pursuant to subdivision (e) of Section 2075.5.1927.10.
This chapter is not intended to be construed as, or to be, a general project approval. It shall be the responsibility of each project proponent receiving approval from the department under this chapter to obtain all necessary permits and approvals and to comply with all applicable federal, state, and local laws.1927.11.
This chapter does not preclude a county or city from adopting and enforcing ordinances that require as a condition of approving a project more protective measures designed to conserve the western Joshua tree.1927.12.
The provisions of this chapter are severable. If any provision of this chapter or its application is held invalid, that invalidity shall not affect other provisions or applications that can be given effect without the invalid provision or application.SEC. 6.
Section 4101.4 of the Food and Agricultural Code is amended to read:4101.4.
(a) The Legislature finds and declares that the operation of the California Science Center may require individual skills not generally available in state civil service to support specialized functions, such as exhibit maintenance, and educational and guest services programs, including animal care and horticulture.SEC. 7.
Section 4104 of the Food and Agricultural Code is amended to read:4104.
(a) The Legislature hereby finds and declares that there is a need for a state repository dedicated to the diverse contributions of African Americans to the history and culture of this state and the nation.SEC. 8.
Section 4104.5 is added to the Food and Agricultural Code, to read:4104.5.
(a) The board may enter into concession contracts to license or sell, or both, its branded merchandise, images, and other museum-related merchandise directly to the public for revenue generation. Concession contracts, other than those entered into pursuant to Section 4105.5, shall be issued through competitive requests for proposals, and shall seek the best value for the state through a mixture of rental rates or revenue shares, or both. A concession contract executed pursuant to this section shall not exceed five years in length, with one automatic right to renew at new terms, which shall be mutually agreeable to the board and the concessionaire, including any necessary adjustments in rental rates or revenue shares. The board shall require a provision that allows termination at any time with 180 days prior notice.SEC. 9.
Section 4105.5 is added to the Food and Agricultural Code, to read:4105.5.
(a) For purposes of this section, the following terms apply:SEC. 10.
Section 4109 is added to the Food and Agricultural Code, immediately following Section 4108, to read:4109.
(a) For purposes of this section, the following terms apply:SEC. 11.
Section 12087.3 of the Government Code is repealed.(a)It is the intent of the Legislature that, upon appropriation in the Budget Act of 2022, one-time funding for the Low Income Household Water Assistance Program (LIHWAP) shall be used to prioritize and expedite services that reduce arrearages for low-income households.
(b)The Department of Community Services and Development shall continue to administer LIHWAP in this state using the funds appropriated in Items 4700-062-8506 and 4700-162-8506 of the Budget Act of 2022. The department shall administer this program until appropriated funds are expended or until June 30, 2026, whichever occurs first. These funds shall be allocated in accordance with all of the following:
(1)At least 75 percent of funds shall be allocated for financial assistance to pay water or wastewater bills of eligible households.
(2)Up to 19.6 percent of funds shall be allocated to support local program administration, including funding outreach, intake and enrollment services, and the issuance of financial assistance to eligible households in the form of a direct payment or state-issued warrant.
(3)Up to 5.4 percent of funds shall be allocated for state operations and oversight.
(c)Services under this section shall be available to eligible households in a manner consistent with the American Rescue Plan Act of 2021 (Public Law 117-2).
(d)(1)The one-time extension of LIHWAP enacted by this section shall be implemented in
accordance with the federally approved 2021 LIHWAP state plan and program guidelines, with all of the following exceptions:
(A)Program guidelines shall be amended to extend program timelines and modify benefit issuance requirements to allow for the issuance of financial assistance payments to eligible households or the eligible household’s water and wastewater system provider.
(B)At the department’s discretion, the program guidelines may be amended to the extent necessary to promote efficient and effective delivery of services to eligible households.
(2)The department shall update program guidelines to reflect changes to program requirements, and provide public notice and seek public input on program guideline amendments, using the following process:
(A)The department shall post, no less than 30 days before finalization of the program guidelines, the draft program guidelines on the department’s public internet website.
(B)The department shall hold a public hearing on draft program guidelines with notice of the hearing published prominently on the department’s public internet website no less than 10 days before the hearing.
(3)Associated provisions of the 2021 LIHWAP state plan may be waived in order to support efficient and effective delivery of service to eligible households and alignment with program guidelines amended pursuant to this subdivision.
(e)Nonprofit and public agencies shall serve as local service providers to support local program administration of LIHWAP services funded by appropriations in the Budget Act of 2022. Local service
providers shall be defined as nonprofit and public agencies designated in accordance with federal Public Law 97-35, as amended, serving as local service providers for the Low Income Home Energy Assistance Program (LIHEAP)(42 U.S.C. Sec. 8621 et seq.). The department shall assist local service providers in maintaining full compliance with this section and with the LIHWAP contract requirements and program guidelines. The department may use all available means to terminate a local service provider’s designation to administer LIHEAP funds for failure to administer LIHWAP funds pursuant to this section and in accordance with LIHWAP contract requirements and program guidelines.
(f)The department shall work with local service providers to facilitate the release of supplemental funds to provide outreach, intake, and delivery of financial assistance for water and wastewater services to eligible households. To ensure continuity of LIHWAP assistance
delivery within a local service provider service area, the department may, at its discretion, execute a contract with a local service provider upon either of the following:
(1)The local service provider’s full expenditure of its original LIHWAP allocation.
(2)The expiration of the original federal LIHWAP program.
(g)Notwithstanding any other law, the department shall afford local service providers flexibility and control in the planning, administration, and delivery of LIHWAP services.
SEC. 12.
Section 25502 of the Health and Safety Code is amended to read:25502.
(a)(1)
(2)
SEC. 13.
Section 38562.2 of the Health and Safety Code is amended to read:38562.2.
(a) This section shall be known, and may be cited, as the California Climate Crisis Act.SEC. 14.
Section 116773.2 of the Health and Safety Code is amended to read:116773.2.
For purposes of this chapter, the following definitions apply:(c)
(d)
(e)
(f)
(g)
SEC. 15.
Section 116773.4 of the Health and Safety Code is amended to read:116773.4.
(a) The California Water and Wastewater Arrearage Payment Program is hereby established in the state board to implement this chapter.(B)If there are sufficient funds in the appropriation described in paragraph (1) to reimburse the total amount of reported arrearages and revenue shortfalls of community water systems, the state board shall establish a program for funding wastewater treatment provider arrearages and shortfalls in accordance with this chapter with the remaining funds. Notwithstanding the deadlines specified in subdivision (c), the wastewater service program shall commence following substantial completion of the water service program under this chapter, and in no instance later than February 1, 2022.
(c)The state board shall begin disbursing funds under this chapter to community water systems no later than November 1, 2021, and shall complete distribution of funds to community water systems no later than January 31, 2022.
(d)A community water system
(e)
(f)
(g)
(h)
SEC. 16.
Section 116773.6 of the Health and Safety Code is amended to read:116773.6.
(a) Actions by the state board to implement this chapter, including the adoption or development of any plan, handbook, guidelines, reporting and audit requirements, or forms, are exempt from Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code.SEC. 17.
Section 116773.8 of the Health and Safety Code is amended to read:116773.8.
(a) This chapter shall become inoperative on July 1,SEC. 18.
Section 716 of the Public Resources Code is amended to read:716.
(a)SEC. 19.
Section 3258 of the Public Resources Code is amended to read:3258.
(a) The division shall not make expenditures from the Oil, Gas, and Geothermal Administrative Fund pursuant to this article that exceed the following sum any one fiscal year:(4)The expenditure limits in this section do not apply to funds received by the Oil, Gas, and Geothermal Administrative Fund pursuant to a federal grant authorized under the federal Infrastructure Investment and Jobs Act (Public Law 117-58).
SEC. 20.
Section 5080.18 of the Public Resources Code is amended to read:5080.18.
A concession contract entered into pursuant to this article shall contain, but is not limited to, all of the following provisions:SEC. 21.
Article 4 (commencing with Section 5081) is added to Chapter 1.2 of Division 5 of the Public Resources Code, to read:Article 4. Old Sacramento State Historic Park
5081.
The Legislature finds and declares all of the following:5082.
(a) For purposes of this section, the following definitions apply:Labor Peace. As a requirement for a full and adequate response to this request for proposal (RFP), as a condition precedent to the Department of Parks and Recreation (department) entering into the agreement described in this RFP, and as an ongoing material term of the agreement, the applicant and each sublessee or subcontractor shall provide written evidence that they have entered into a signed labor peace agreement with each labor organization that represents, or seeks to represent, the workforce performing hotel or food and beverage operations under the agreement. To comply with this requirement, each applicant must submit either: (1) a certification, in a form prescribed by the department, signed by the relevant labor organization and the applicant, attesting to a signed labor peace agreement, or (2) a signed certification, in a form prescribed by the department, attesting that no labor organization represents or has notified the applicant that it will seek to represent, the workforce performing hotel or food and beverage operations under the agreement. For these purposes, “labor organization” and “labor peace agreement” have the same meanings as defined in Section 5082 of the Public Resources Code.
5083.
This article shall apply only to a lease agreement, management agreement, or other agreement entered into on or after July 1, 2023, for the operation of a hotel on land owned or controlled by the state in the Old Sacramento State Historic Park.SEC. 22.
Section 42034.2 of the Public Resources Code is amended to read:42034.2.
(a) (1) On or before the end of the 2022–23 fiscal year, andSEC. 23.
Section 71154 of the Public Resources Code is amended to read:71154.
To address the vulnerabilities identified in the plan, state agencies shall work to maximize, where applicable and feasible, all of the following objectives:SEC. 24.
Section 17131.19 of the Revenue and Taxation Code is repealed.(a)For taxable years beginning on or after January 1, 2022, and before January 1, 2027, gross income does not include financial assistance received by an individual taxpayer pursuant to the 2022 California Low Income Household Water Assistance Program (Cal-LIHWAP) as described in Section 12087.3 of the Government Code.
(b)This section shall remain in effect only until December 1, 2027, and as of that date is repealed.
SEC. 25.
Section 1242.1 is added to the Water Code, to read:1242.1.
The diversion of floodflows for groundwater recharge shall not require an appropriative water right if all of the following conditions are met:SEC. 26.
Section 1242.2 is added to the Water Code, to read:1242.2.
(a) The board shall post on its internet website all reports received pursuant to Section 1242.1.SEC. 27.
Section 1242.3 is added to the Water Code, to read:1242.3.
(a) The Legislature finds and declares as follows:SEC. 28.
Section 1831 of the Water Code is amended to read:1831.
(a) When the board determines that any person is violating, or threatening to violate, any requirement described in subdivision (d), the board may issue an order to that person to cease and desist from that violation.SEC. 29.
Section 1846 of the Water Code is amended to read:1846.
(a) A person or entity may be liable for a violation of any of the following in an amount not to exceed five hundred dollars ($500) for each day in which the violation occurs:SEC. 30.
Section 6300 of the Water Code is amended to read:6300.
(a) The application for a newSEC. 31.
Section 6302 of the Water Code is amended to read:6302.
For the purposes of this part, the estimated cost of(d)
SEC. 32.
Section 6304 of the Water Code is amended to read:6304.
An application shall not be considered by the department until at least 20 percent of the filing fee isSEC. 33.
Section 6305 of the Water Code is amended to read:6305.
In the event the actual cost exceeds the estimated cost by more than 15 percent, a further fee shall be required by the departmentSEC. 34.
Section 6433 is added to the Water Code, immediately following Section 6432, to read:6433.
(a) The Attorney General, upon request of the department, shall bring an action in superior court seeking injunctive relief, penalties, fees, costs, or any other remedies available to the department under this division.SEC. 35.
Part 4 (commencing with Section 6700) is added to Division 3 of the Water Code, to read:PART 4. Dam Safety and Climate Resilience Local Assistance Program
6700.
(a) (1) The department shall, upon appropriation by the Legislature, develop and administer the Dam Safety and Climate Resilience Local Assistance Program established pursuant to this section. The purpose of the program shall be to provide state funding for repairs, rehabilitation, enhancements, and other dam safety projects at existing state jurisdictional dams and associated facilities that were in service prior to January 1, 2023.SEC. 36.
Section 13198 of the Water Code is amended to read:13198.
For purposes of this article, the following definitions apply:SEC. 37.
Section 13198.2 of the Water Code is amended to read:13198.2.
(a) Subject to an appropriation in the annual Budget Act or another statute for these purposes, an implementing agency may make grants and direct expenditures for interim or immediate relief in response to conditions arising from a drought scenario to do any of the following:(e)
SEC. 38.
Section 13198.3 is added to the Water Code, to read:13198.3.
(a) Actions of any public agency that contracts with the United States Bureau of Reclamation, or is an entitlement holder under the 2006 consolidated decree in Arizona v. California (2006) 547 U.S. 150, for Colorado River water supplies, approved before December 31, 2026, that the Secretary of the Natural Resources Agency concurs in writing are reasonably necessary to implement Colorado River water conservation agreements with the United States Bureau of Reclamation, as well as those water conservation agreements themselves, shall be deemed to be within the activities described in paragraph (2), (3), or (4) of subdivision (b) of Section 21080 of the Public Resources Code.SEC. 39.
Section 13198.8 of the Water Code is repealed.This article shall remain in effect only until January 1, 2024, and as of that date is repealed.
SEC. 40.
Section 13260 of the Water Code is amended to read:13260.
(a) Each of the following persons shall file with the appropriate regional board a report of the discharge, containing the information that may be required by the regional board:SEC. 41.
Section 13523 of the Water Code is amended to read:13523.
(a) Each regional board, after consulting with and receiving the recommendations of the State Department of Public Health and any party who has requested in writing to be consulted, and after any necessary hearing, shall, if in the judgment of the board, it is necessary to protect the public health, safety, or welfare, prescribe waterSEC. 42.
Item 3940-162-8506 of Section 2.00 of the Budget Act of 2021 is amended to read:3940-162-8506—For local assistance, State Water Resources Control Board, payable from the Coronavirus Fiscal Recovery Fund of 2021
........................
| 985,000,000 | ||||||
Schedule: | |||||||
(1) | 3560-Water Quality ........................ | 985,000,000 | |||||
Provisions: | |||||||
1. | The amounts appropriated in this item are available to forgive residential and commercial customer arrearages and water and wastewater enterprise revenue shortfalls where those arrearages and revenue shortfalls occurred during the period commencing March 4, 2020, through | ||||||
2. | The amounts appropriated in this item are available for transfer, up to 3 percent of the item, upon the order of the Department of Finance, between state operations and local assistance. | ||||||
3. | No funds may be expended pursuant to this item unless subsequent legislation is enacted further specifying conditions for the expenditure of those funds. |
SEC. 43.
Section 106 of Chapter 73 of the Statutes of 2021, as amended by Section 58 of Chapter 569 of the Statutes of 2022, is amended to read:Section 106.
(a) The total sum of eight hundred twenty-two million four hundred thousand dollars ($822,400,000) is hereby appropriated from the General Fund and the Toxic Substances Control Account established pursuant to Section 25173.6 of the Health and Safety Code to the Department of Toxic Substances Control to be released according to the following schedule and for the following purposes:SEC. 44.
Section 95 of Chapter 50 of the Statutes of 2022 is repealed.(a)For the purposes of complying with Section 41 of the Revenue and Taxation Code, with respect to Section 17131.19 of the Revenue and Taxation Code, as added by this act, the Legislature finds and declares that the purpose of the exclusion allowed by Section 17131.19 of the Revenue and Taxation Code is to provide financial relief to California residents, including, in particular, low-income residents, to alleviate, in part, the adverse impacts of the economic disruptions and hardships resulting from the COVID-19 emergency.
(b)(1)For the purpose of this section, “act” means the Low Income Household Water Assistance Program (LIHWAP) as described in Section 12087.3 of the Government Code.
(2)In order to provide information on the exclusion allowed by Section 17131.19 of the Revenue and Taxation Code, the Department of Community Services and Development shall prepare a written report that includes the number of low-income households receiving a LIHWAP benefit as provided in accordance with the act.
SEC. 45.
With respect to Section 20, which amends Section 5080.18 of the Public Resources Code, the Legislature finds and declares that a special statute is necessary and that a general statute cannot be made applicable within the meaning of Section 16 of Article IV of the California Constitution because the Old Town San Diego State Historic Park is a unique cultural, historical, and recreational resource in the City of San Diego.SEC. 46.
With respect to Section 21, which adds Article 4 (commencing with Section 5081) to Chapter 1.2 of Division 5 of the Public Resources Code, the Legislature finds and declares that a special statute is necessary and that a general statute cannot be made applicable within the meaning of Section 16 of Article IV of the California Constitution because of the unique need for labor peace agreements relating to the operation of a hotel on land owned or controlled by the state in the Old Sacramento State Historic Park.SEC. 47.
No reimbursement is required by this act pursuant to Section 6 of Article XIII B of the California Constitution because a local agency or school district has the authority to levy service charges, fees, or assessments sufficient to pay for the program or level of service mandated by this act or because costs that may be incurred by a local agency or school district will be incurred because this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIII B of the California Constitution.SEC. 48.
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.It is the intent of the Legislature to enact statutory changes, relating to the Budget Act of 2023.