Bill Text: CA AB156 | 2023-2024 | Regular Session | Amended
Bill Title: Public resources: omnibus budget trailer bill.
Spectrum: Committee Bill
Status: (Engrossed) 2024-07-01 - Re-referred to Com. on B. & F.R. [AB156 Detail]
Download: California-2023-AB156-Amended.html
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Amended
IN
Senate
June 22, 2024 |
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Amended
IN
Assembly
February 01, 2023 |
CALIFORNIA LEGISLATURE—
2023–2024 REGULAR SESSION
Assembly Bill
No. 156
| Introduced by Committee on Budget (Assembly Members |
January 09, 2023 |
LEGISLATIVE COUNSEL'S DIGEST
AB 156, as amended, Committee on Budget.
Budget Act of 2023. Public resources: omnibus budget trailer bill.
(1) Existing law regulates the safe operation of various types of vessels navigating the state’s ports and harbors. Existing law defines “personal watercraft” to mean a vessel 13 feet in length or less, propelled by machinery, that is designed to be operated by a person sitting, standing, or kneeling on the vessel, rather than in the conventional manner of sitting or standing inside the vessel. Existing law prohibits a person from operating a personal watercraft with a self-circulating device if the self-circulating device or the engine throttle has been altered in a way that would impede or prevent the self-circulating device from operating in its intended manner. Existing law requires a person operating a personal watercraft equipped by the manufacturer with a lanyard-type engine
cut-off switch to attach the lanyard to their clothing, as provided. A violation of these provisions is a crime.
This bill would instead define “personal watercraft” to mean a vessel propelled by a water-jet pump or other machinery as its primary source of motive power and designed to be operated by a person sitting, standing, or kneeling on the vessel, rather than within the vessel’s hull. The bill would instead prohibit a person from operating a personal watercraft with an engine cut-off switch if the engine cut-off switch or the engine throttle has been altered in a way that would impede or prevent the engine cut-off switch from operating in its intended manner. The bill would instead require a person operating a personal watercraft equipped by the manufacturer with a lanyard-type engine cut-off switch to attach the lanyard to their clothing while operating on plane or above displacement speed, as provided. The bill would define “engine
cut-off switch” to mean a switch that automatically stops the engine of a power-driven vessel it activated by an engine cut-off switch link. The bill would define “engine cut-off switch link” to mean a device that activates an engine cut-off switch if the operator is separated from the power-driven vessel, as provided. The bill would additionally prohibit a person from operating or authorizing another to operate specified vessels on plane or above displacement speed if the engine cut-off switch or engine cut-off switch link is missing, disconnected, or not operating properly, except as specified. By expanding the scope of a crime, the bill would impose a state-mandated local program.
Existing law prohibits a person from operating a motorboat, sailboat, or vessel unless every person on board who is under 13 years of age is wearing a specified type of wearable personal flotation device while that motorboat, sailboat, or vessel is underway, as
defined, except if the person under 13 years of age is in an enclosed cabin or restrained by a harness tethered to the vessel. A violation of this provision is a crime.
This bill would instead prohibit a person from operating a recreational vessel, as defined, underway with a child under 13 years of age onboard unless the child is either wearing an appropriate personal flotation device, below deck, or in an enclosed cabin. The bill would also prohibit a person from using a recreational vessel unless the vessel has specified types and quantities of personal flotation devices on board. By expanding the scope of a crime, the bill would impose a state-mandated local program.
Existing law requires every undocumented vessel using the waters or on the waters of the state to be currently numbered. Existing law requires an undocumented vessel that is already covered by a number issued to it
pursuant to federal law or another state to be numbered in this state if its state of principal use has changed and it has been within this state for a period in excess of 90 consecutive days. A violation of these requirements is a crime.
This bill would shorten that period from 90 consecutive days to 60 consecutive days. By expanding the scope of a crime, the bill would impose a state-mandated local program.
This bill would make various conforming changes.
(2) Existing law authorizes the Department of Fish and Wildlife to expend funds for the improvement of property, including nonnavigable lakes and streams, riparian zones, and upland, in order to restore, rehabilitate, and improve fish and wildlife habitat. Existing law authorizes the Department of Fish and Wildlife to enter into contracts for
fish and wildlife habitat preservation, restoration, and enhancement with public and private entities, and to grant funds for those purposes to public agencies, Indian tribes, and nonprofit entities, whenever the Department of Fish and Wildlife finds that the contracts or grant funds will assist in meeting the Department of Fish and Wildlife’s duty to preserve, protect, and restore fish and wildlife. Existing law, the Budget Act of 2021, authorized the Department of Fish and Wildlife to establish a wolf conflict compensation pilot program, pursuant to which it established the Wolf-Livestock Compensation Pilot Program.
This bill would authorize the Department of Fish and Wildlife to allocate federal funds and any moneys received as donations for purposes of the Wolf-Livestock Compensation Pilot Program to pay for the deterrence of wolf presence near livestock, the impacts of wolf presence on livestock, and for verified loss of livestock for
ranchers who participate in the program.
(3) Existing law establishes the Upper Newport Bay Ecological Reserve Maintenance and Preservation Fund in the State Treasury for purposes related to the maintenance and preservation of the Upper Newport Bay Ecological Reserve. Existing law establishes a herring research and management account within the Fish and Game Preservation Fund for the purpose of supporting evaluations and research on herring populations in San Francisco Bay, as provided. Existing law provides that any funds remaining in the Marine Resources Protection Account in the Fish and Game Preservation Fund on and after January 1, 1995, shall be used to provide grants to certain entities to fund marine resource related scientific research, as provided.
This bill would abolish the Upper Newport Bay Ecological Reserve Maintenance and Preservation Fund, the
herring research and management account, and the Marine Resources Protection Account.
(4) Existing law requires a person taking steelhead trout in inland waters, in addition to a valid California sport fishing license and any applicable sport license stamp, to have in their possession a valid nontransferable steelhead trout fishing report-restoration card issued by the Department of Fish and Wildlife. Existing law requires revenues to be deposited in the Fish and Game Preservation Fund and to be available for expenditure, upon appropriation by the Legislature, to monitor, restore, or enhance steelhead trout resources consistent with specified law, and to administer the fishing report-restoration card program. Existing law requires the Department of Fish and Wildlife to report to the Legislature on or before July 1, 2023, regarding the steelhead trout fishing report-restoration card program’s projects undertaken using these
revenues derived pursuant to that program, the benefits derived, and its recommendations for revising the fishing report-restoration card requirement, if any. These provisions are repealed as of January 1, 2025.
This bill would instead require the above-described provisions to be repealed as of January 1, 2027. The bill would require the Department of Fish and Wildlife to report to the Legislature regarding the fishing report-restoration card program’s projects on or before July 1, 2025.
Under existing law, any violation of the Fish and Game Code, or of any rule, regulation, or order made or adopted under that code, is a misdemeanor, except as provided.
Because this bill would extend the operation of the fishing report-restoration card requirements, the violation of which would be a crime, it would impose a
state-mandated local program.
(5) The Lempert-Keene-Seastrand Oil Spill Prevention and Response Act generally requires the administrator for oil spill response, acting at the direction of the Governor, to implement activities relating to oil spill response, including emergency drills and preparedness, and oil spill containment and cleanup, and to represent the state in any coordinated response efforts with the federal government. The Lempert-Keene-Seastrand Oil Spill Prevention and Response Act requires the administrator to submit, for each fiscal year, a proposed appropriation for the Governor’s Budget up to $2,500,000 for the purpose of equipping, operating, and maintaining the network of oiled wildlife rescue and rehabilitation stations and proactive oiled wildlife search and collection rescue efforts and for the support of technology development and research related to oiled wildlife care.
This bill would raise the limit on the proposed appropriation from $2,500,000 to $3,250,000.
(6) Existing law provides that the Director of General Services may acquire and dispose of surplus state real property where that property is not needed by another state agency and the Legislature has authorized disposal of the property. Existing law also specifies the manner in which the Department of General Services is to dispose of surplus state real property. Existing law authorizes the Director of General Services to enter into an agreement with the County of Sonoma for the county to develop a specific plan for the state-owned real property comprising the former Sonoma Developmental Center and to manage the land use planning process integrated with a disposition process for the property, to be carried out by the Department of General Services, as provided.
This bill would require the Department of Forestry and Fire Protection and the Department of General Services to develop performance criteria for the design, siting, acquisition, planning, and construction of the Department of Forestry and Fire Protection Sonoma Lake Napa Unit Headquarters and Glen Ellen Fire Station on the former Sonoma Developmental Center property, as provided, and to ensure that those criteria conserve and protect to the greatest extent feasible the habitat, open space, and wildlife resources of the area within the former Sonoma Developmental Center property that is designated as a Habitat Connectivity Corridor and Community Separator in the Sonoma County General Plan. The bill would also require the design and location of those facilities and related infrastructure to avoid and minimize impacts to the Habitat Connectivity Corridor and Community Separator to the greatest extent feasible, and require the Department of Forestry and Fire Protection
and the Department of General Services to mitigate any other environmental impacts related to the design, siting, acquisition, planning, and construction of those facilities and related infrastructure. The bill would provide that these provisions do not create a right of action, nor serve as the basis for any challenge of any action or decision, related to those facilities and related infrastructure.
This bill would make legislative findings and declarations as to the necessity of a special statute for the County of Sonoma.
(7) Existing law authorizes the Director of General Services to acquire and convey real property for the state, whenever that transfer is authorized or contemplated by law.
This bill would authorize the Department of General Services to convey all or a portion of the Leviathan
Mine Site to any entity if the Director of General Services determines that the conveyance is in the best interests of the State of California. The bill would require the Department of General Services to be reimbursed for any cost or expense incurred in the disposition of the property, and would make the disposition of the property on an “as is” basis exempt from the California Environmental Quality Act.
Existing law requires the net proceeds received from the disposition of certain real property to be paid into the deficit Recovery Bond Retirement Sinking Fund Subaccount until the bonds issued pursuant to the Economic Recovery Bond Act are retired, and thereafter to the Special Fund for Economic Uncertainties. Existing law requires the Department of General Services, notwithstanding those provisions, to deposit some or all of the net proceeds into the Property Acquisition Law Money Account for specified purposes.
This bill would require the net proceeds from the disposition of the Leviathan Mine Site to be deposited in accordance with those provisions. By increasing the amount authorized to be transferred into the Special Fund for Economic Uncertainties, a continuously appropriated fund, this bill would make an appropriation.
(8) The hazardous waste control laws require the Department of Toxic Substances Control (DTSC) to regulate the handling and management of hazardous waste and hazardous materials. A violation of the hazardous waste control laws is a crime. The hazardous waste control laws include various definitions that refer to releases of hazardous waste.
This bill would define “release” for purposes of the hazardous waste control laws to mean any spilling, leaking, pumping, pouring, emitting, emptying, discharging,
injecting, escaping, leaching, dumping, or disposing into the environment, as provided.
Existing law establishes in the General Fund the Hazardous Waste Control Account. Existing law authorizes the Legislature to appropriate moneys in the account for specified purposes, including for the administration and implementation of the hazardous waste control laws. Existing law requires a generator of hazardous waste to pay to the California Department of Tax and Fee Administration (CDTFA) a generation and handling fee for each generator site that generates an amount equal to, or more than, 5 tons for each calendar year, or portion of the calendar year, and requires those moneys to be deposited into the account.
This bill would expressly make that fee applicable to each ton, including the first 5 tons, or fraction of a ton rounded up to the next nearest ton of hazardous waste generated. The
bill would require the DTSC to adopt regulations, in consultation with the CDTFA, and after conducting one or more public workshops, to establish a process for evaluating exemptions from the fee described above, as provided. The bill would authorize DTSC to adopt regulations necessary to implement generator fees. By expanding the scope of a crime, the bill would impose a state-mandated local program.
This bill would also make a person who generates or has generated hazardous waste and fails to provide information to DTSC as required liable for a civil or an administrative penalty not to exceed $70,000 for each separate violation or, for continuing violations, for each day that the violation continues.
Existing law, the Barry Keene Underground Storage Tank Cleanup Trust Fund Act of 1989, requires an owner of an underground storage tank, as defined, for which a permit is required by
law to pay storage fees for each gallon of petroleum placed in the tank. The Barry Keene Underground Storage Tank Cleanup Trust Fund Act of 1989 establishes the Underground Storage Tank Cleanup Fund, and requires the storage fees, among other moneys, to be deposited into the fund. The Barry Keene Underground Storage Tank Cleanup Trust Fund Act of 1989 authorizes the State Water Resources Control Board to expend the moneys in the fund, upon appropriation by the Legislature, to pay for corrective action in response to an unauthorized release from an underground storage tank and for the cleanup and oversight of unauthorized releases at abandoned tank sites, among other specified purposes. The Barry Keene Underground Storage Tank Cleanup Trust Fund Act of 1989 requires that certain information be submitted to the State Water Resources Control Board, and other specified agencies, under penalty of perjury. The Barry Keene Underground Storage Tank Cleanup Trust Fund Act of 1989 provides for the repeal of certain of
its provisions on January 1, 2036.
This bill would provide that certain rights, obligations, or authorities, or any provision necessary to carry out those rights and obligations with respect to the collection of unpaid fees by the CDTFA, as specified, continue after January 1, 2036.
Existing law authorizes a county to develop and establish a collection program for the collection of banned, unregistered, or outdated agricultural wastes, which is required to be implemented and operated pursuant to the hazardous waste control laws. Existing law requires, if a county implements a collection program that includes collection sites for the dropoff of banned, unregistered, or outdated agricultural wastes by eligible participants, the county to, upon selection of the sites, complete and submit to the DTSC, for review and approval, specified information, including a completed application for
an extremely hazardous waste disposal permit.
This bill would delete the requirement that a county complete and submit to the DTSC a completed application for an extremely hazardous waste disposal permit.
The Hazardous Substances Tax Law authorizes the CDTFA, if it is dissatisfied with a return filed or the amount of tax paid to the state by any taxpayer, or if no return is filed or no payment of the taxes have been made to the state by a taxpayer, to compute and determine the amount to be paid, based upon any information available to it. Under that law, if any part of the deficiency for which a determination of an additional amount due is found to have been occasioned by negligence or intentional disregard, a penalty of 10% of that amount is imposed. If the additional amount is found to have been occasioned by fraud, the existing law imposes a penalty of 25% of that amount.
This bill would instead impose a penalty of 300% of the amount of the determination if a feepayer willfully or knowingly provides incorrect information or withholds information that results in a deficient payment or nonpayment.
This bill would also specifically provide that the authority of the DTSC and the CDTFA to collect fees and take related actions with respect to hazardous waste fees incurred before the repeal of specified statutes authorizing those fees continues after the repeal of those statutes.
(9) The California Global Warming Solutions Act of 2006 establishes the State Air Resources Board as the state agency responsible for monitoring and regulating sources emitting greenhouse gases. The California Global Warming Solutions Act of 2006 authorizes the State Air Resources Board to include the use of market-based
compliance mechanisms. Existing law requires all moneys, except for fines and penalties, collected by the State Air Resources Board from the auction or sale of allowances as part of a market-based compliance mechanism to be deposited in the Greenhouse Gas Reduction Fund and to be available upon appropriation by the Legislature. Existing law requires the Department of Finance, in consultation with the State Air Resources Board and any other relevant state agency, to develop, as specified, a 3-year investment plan for the moneys deposited in the Greenhouse Gas Reduction Fund.
Existing law requires the Department of Finance, commencing with the 2016–17 fiscal year budget and every 3 years thereafter, with the release of the Governor’s budget proposal, to include updates to the investment plan following a public process, as specified.
This bill would exempt the Department of Finance
from including updates to the investment plan for the 2025–26 fiscal year budget.
(10) Existing law establishes the Clean Cars 4 All Program, which is administered by the State Air Resources Board, to focus on achieving reductions in the emissions of greenhouse gases, improvements in air quality, and benefits to low-income state residents through the replacement of high-polluter motor vehicles with cleaner and more efficient motor vehicles or a mobility option. Existing law requires the State Air Resources Board to consider certain metrics in allocating funding under the program to local air districts participating in the program. Existing law requires the State Air Resources Board to annually collect and post certain information on its internet website that includes, among other things, information regarding moneys allocated to the program and the expenditures of the program by region.
This bill would also require the State Air Resources Board to consider those metrics in allocating funding under the program to the statewide program. The bill would require the State Air Resources Board, with respect to specified funds allocated by the State Air Resources Board to the program, to maintain funding for each local air district participating in the program by requiring the State Air Resources Board to reallocate funds to local air districts under certain circumstances. The bill also would require the State Air Resources Board to annually report to the budget committees of both houses of the Legislature the amount of funding allocated by the State Air Resources Board to the statewide Clean Cars 4 All program and to each district Clean Cars 4 All program and detailed performance metrics for the statewide and district Clean Cars 4 All programs, as specified.
(11) The
California Safe Drinking Water Act provides for the operation of public water systems and imposes on the State Water Resources Control Board various duties and responsibilities for the regulation and control of drinking water in the state.
The federal Safe Drinking Water Act establishes the Emerging Contaminants in Small or Disadvantaged Communities grant program to provide funding for projects to reduce emerging contaminants, as described, in public water systems that serve small or disadvantaged communities.
This bill would authorize the State Water Resources Control Board, upon the appropriation of funds by the Legislature, to provide grants and direct expenditures to public water systems that serve small or disadvantaged communities to address emerging contaminants in those communities, consistent with the federal grant terms, as provided.
(12) Existing law prohibits the Geologic Energy Management Division, commencing with the 2022–23 fiscal year, from expending more than $5,000,000 in any one fiscal year from the Oil, Gas, and Geothermal Administrative Fund, and, in addition, for the 2025–26 fiscal year, authorizes the division to make an expenditure, on a one-time basis, of $7,500,000, only if there is a dedicated General Fund appropriation for the 2023–24 fiscal year for purposes of plugging and abandoning wells, decommissioning facilities, and site remediation.
This bill would eliminate the one-time expenditure authorization for the 2025–26 fiscal year, and would authorize the Geologic Energy Management Division to make a one-time expenditure for the 2026–27 fiscal year of $7,500,000, only if there is a dedicated appropriation from a fund other than the Oil, Gas, and Geothermal Administrative Fund for the 2026–27
fiscal year for those specified purposes.
(13) Existing law requires the Department of Forestry and Fire Protection to annually provide a report to the Legislature detailing the department’s fire prevention activities, as provided.
This bill would revise and recast certain definitions and the requirements of that report, including the addition of reporting on wildfire resilience activities, as defined.
Existing law requires the Wildfire and Forest Resilience Task Force, on or before January 1, 2026, and every 5 years thereafter, to update the state’s “Wildfire and Forest Resilience Action Plan,” as provided. Existing law requires the task force, on or before January 1, 2023, and annually thereafter until January 1, 2048, to submit a report containing specified information, including progress made
in achieving the goals and key actions identified in the action plan, to the appropriate policy and budget committees of the Legislature.
This bill would instead require the task force to submit the report on or before January 1, 2023, and annually thereafter on or before March 1, until March 1, 2048. The bill would also instead require the task force, or its successor entity, to update the state’s “Wildfire and Forest Resilience Action Plan” on or before March 1, 2026, and every 5 years thereafter.
(14) Existing law authorizes the Department of Parks and Recreation to enter into contracts with natural persons, corporations, partnerships, and associations for the construction, maintenance, and operation of concessions within units of the state park system. Existing law requires those concession contracts to contain certain specified provisions, including a
provision that the maximum term shall be 10, 20, or 50 years depending on certain conditions. Existing law authorizes the Department of Parks and Recreation to enter into an agreement with any agency of the United States, any city, county, district, or other public agency, or any combination of those entities, for the care, maintenance, administration, and control by any party to the agreement, of lands under the jurisdiction of any party to the agreement for the purpose of the state park system.
This bill would authorize the Department of Parks and Recreation to negotiate a service contract with an entity qualified to do business in the state as a ferry operator, for the transport of passengers via ferry service between the City of Tiburon and Angel Island State Park, as specified.
This bill would make legislative findings and declarations as to the necessity of a special statute
for Angel Island State Park.
(15) Existing law, until July 1, 2024, authorizes the Department of Parks and Recreation to establish the California State Park Adventure Pass to be available, upon application to the Department of Parks and Recreation, to any child in grade 4, or grade 4 equivalent, who is a California resident. Existing law authorizes the Department of Parks and Recreation to waive the day use entrance fees to an eligible unit of the state park system for any child who holds a valid pass, as provided. Existing law requires the Department of Parks and Recreation to post on its internet website the list of state parks eligible for the waiver and information on how to obtain the pass, as provided.
This bill would indefinitely extend the above provisions relating to the pass. The bill would also limit eligibility for the pass to any child who meets
the eligibility requirements described above and is enrolled in a California public school.
(16) The California Beverage Container Recycling and Litter Reduction Act requires the Department of Resources Recycling and Recovery to annually designate convenience zones statewide and requires at least one certified recycling center or location within every convenience zone that accepts all types of empty beverage containers and pays the refund value, if any, at one location. The California Beverage Container Recycling and Litter Reduction Act establishes the California Beverage Container Recycling Fund and, except for administrative costs, continuously appropriates moneys in the fund to the Department of Resources Recycling and Recovery for specified purposes, including the amount necessary to pay handling fees to provide an incentive for the redemption of empty beverage containers in convenience zones. The California Beverage
Container Recycling and Litter Reduction Act requires, until June 30, 2024, the per-container handling fee to be not less than the amount of the per-container handling fee that was in effect on July 1, 2021. The California Beverage Container Recycling and Litter Reduction Act specifies a formula for determining the per-container handling fee after June 30, 2024.
This bill would require the per-container handling fee to be set until June 30, 2026, at an amount that is not less than the amount of the per-container handling fee that was in effect on July 1, 2023. The bill also would require, from July 1, 2026, until June 30, 2027, the per-container handling fee to be established using a methodology established by the Department of Resources Recycling and Recovery in regulations reflecting the cost of providing and maintaining recycling in convenience zones by handling fee recipients, including transportation, labor, volume, consumer convenience,
and increasing recycling rates, except as specified.
The California Beverage Container Recycling and Litter Reduction Act requires the Department of Resources Recycling and Recovery to conduct a survey every 2 years of a statistically significant sample of recycling centers that receive handling fee payments to determine the actual cost incurred for the redemption of empty beverage containers, as specified.
This bill would require the Department of Resources Recycling and Recovery to instead survey a statistically significant sample of handling fee payment recipients.
(17) Existing law authorizes the Department of Water Resources to loan up to a total principal amount not to exceed $1.4 billion to the company licensed to operate the Diablo Canyon powerplant to facilitate the extension of the
operating period of the Diablo Canyon powerplant, as provided. Existing law establishes the Diablo Canyon Extension Fund in the State Treasury and continuously appropriates moneys in the fund to the Department of Water Resources for purposes of making the loan.
This bill would require the Department of Water Resources, in consultation with the Public Utilities Commission and the State Energy Resources Conservation and Development Commission, to provide a biannual report, on or before February 1 and August 1 of each year until December 31, 2030, to the relevant budget and policy committees of both houses of the Legislature on the status of the above-described loan, as provided. By expanding the purposes for which money in a continuously appropriated fund may be used, the bill would make an appropriation.
(18) Existing law establishes the Coastal Wetlands Fund in
the State Treasury as an interest-bearing fund administered by the Department of Fish and Wildlife. Existing law requires moneys in the Coastal Wetlands Fund to be expended by the Department of Fish and Wildlife and the State Coastal Conservancy, upon appropriation by the Legislature, for the maintenance of coastal wetlands property, including in the form of grants, as provided.
This bill would, effective June 30, 2024, abolish the Coastal Wetlands Fund. The bill would require any remaining balance, assets, liabilities, and encumbrances to be reverted to the General Fund. The bill would repeal the law relating to the expenditure of moneys in the Coastal Wetlands Fund.
(19) The Electronic Waste Recycling Act of 2003 requires a retailer selling a covered electronic device in this state to collect from a consumer at the time of retail sale a covered electronic
waste recycling fee, as specified. The Electronic Waste Recycling Act of 2003 defines “covered electronic device” to mean certain video display devices and battery-embedded products. The Electronic Waste Recycling Act of 2003 requires all funds collected pursuant to the act to be deposited into subaccounts of the Electronic Waste Recovery and Recycling Account, including the Covered Electronic Waste Recycling Fee Subaccount (subaccount). The Electronic Waste Recycling Act of 2003 requires all covered electronic waste recycling fees collected from sales of certain video display devices to be deposited into the subaccount. The Electronic Waste Recycling Act of 2003 continuously appropriates the funds in the subaccount for specified purposes, including, but not limited to, paying covered electronic waste recycling fee refunds and making electronic waste recovery and recycling payments.
This bill would eliminate the above-described subaccount and
would instead require those fees to be deposited into the Electronic Waste Recovery and Recycling Account. The bill would continuously appropriate the funds for the same purposes currently authorized for the subaccount, thereby making an appropriation.
The Electronic Waste Recycling Act of 2003 requires the Department of Resources Recycling and Recovery, in collaboration with the Department of Toxic Substances Control, to review, at a public hearing, the covered electronic waste recycling fee and make adjustments to the fee to ensure sufficient revenues in the subaccount to fund the collection, consolidation, and recycling of covered electronic waste from certain video display devices, and to administer, enforce, and promote the program, as specified.
This bill would instead require the same review and adjustments to the fee to ensure sufficient revenues for the same purposes are in
the Electronic Waste Recovery and Recycling Account instead of the subaccount.
(20) Existing law establishes the Flood Risk Management Fund in the State Treasury and requires all fees for specified services provided by the State Water Resources Control Board, including the issuance of and modifications to encroachment permits, and penalties deriving from administrative or civil enforcement actions to abate and remedy any interference or potential interference with facilities of the State Plan of Flood Control, designated floodways, or streams that are regulated by the board to be paid into the Flood Risk Management Fund and, upon appropriation by the Legislature, to be expended by the board to carry out certain enforcement actions.
This bill would provide that, upon appropriation by the Legislature, the moneys in the Flood Risk Management Fund shall also be
expended by the State Water Resources Control Board to provide the specified services.
(21) Existing law appropriates $822,400,000 from the General Fund and the Toxic Substances Control Account to the Department of Toxic Substances Control, for allocation over the 2021–22, 2022–23, and 2023–24 fiscal years, as prescribed, for, among other things, the discovery, cleanup, and investigation of contaminated properties.
This bill would instead appropriate $553,900,000 from the General Fund, the Greenhouse Gas Reduction Fund, and the Toxic Substances Control Account and would allocate that appropriation over the 2021–22, 2022–23, 2023–24, 2024–25, and 2026–27 fiscal years, as prescribed, for specified purposes. The bill would specify that the amount appropriated is to be available for encumbrance for 4 fiscal years after the fiscal year in which funds are released.
By revising the amount appropriated from the General Fund and the Toxic Substances Control Account for the 2021–22, 2022–23, and 2023–24 fiscal years and appropriating a specified amount from the Greenhouse Gas Reduction Fund for the 2024–25 and 2026–27 fiscal years, this bill would make an appropriation.
(22) 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 no reimbursement is required by this act for a specified reason.
(23) This bill would declare that it is to take effect immediately as a bill providing for appropriations related to the Budget Bill.
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.
Section 1245.270 of the Code of Civil Procedure is amended to read:1245.270.
(a) A resolution of necessity does not meet the requirements of this article if the defendant establishes by a preponderance of the evidence both of the following:(1) A member of the governing body who voted in favor of the resolution received or agreed to receive a bribe (as that term is bribe, as defined in subdivision 6 of Section 7 of the Penal Code)
Code, involving adoption of the resolution.
(2) But for the conduct described in paragraph (1), the resolution would not otherwise have been adopted.
(b) Where there has been a prior criminal prosecution of the member for the conduct described in paragraph (1) of subdivision (a), proof of conviction shall be conclusive evidence that the requirement of paragraph (1) of subdivision (a) is satisfied, and proof of acquittal or other dismissal of the prosecution shall be conclusive evidence that the requirement of paragraph (1) of subdivision (a) is not satisfied. Where there is a pending criminal prosecution of the member for the conduct described in paragraph (1) of subdivision (a), the court may take such action as is just under the circumstances of the case.
(c) Nothing in
this section precludes a public entity from rescinding a resolution of necessity and adopting a new resolution as to the same property, subject to the same consequences as a conditional dismissal of the proceeding under Section 1260.120.
SEC. 2.
Section 1501.6 is added to the Fish and Game Code, to read:1501.6.
Notwithstanding Section 1501.5, the department may allocate federal funds and any moneys received as donations for purposes of the Wolf-Livestock Compensation Pilot Program to pay for the deterrence of wolf presence near livestock, the impacts of wolf presence on livestock, and for verified loss of livestock for ranchers who participate in the program.SEC. 3.
Section 1586 of the Fish and Game Code is amended to read:1586.
(a) The Upper Newport Bay Ecological Reserve Maintenance and Preservation Fund is hereby created in the State Treasury. Notwithstanding Section 13340 of the Government Code, the money in the fund is continuously appropriated, without regard to fiscal years, to the department for purposes related to the maintenance and preservation of the Upper Newport Bay Ecological Reserve.(b) Effective June 30, 2024, the Upper Newport Bay Ecological Reserve Maintenance and Preservation Fund in the State Treasury, created by this chapter, is hereby
abolished. Any remaining balance, assets, liabilities, and encumbrances of the Upper Newport Bay Ecological Reserve Maintenance and Preservation Fund shall revert to the General Fund.
(c) This section shall remain in effect only until January 1, 2025, and as of that date is repealed.
SEC. 4.
Section 7381 of the Fish and Game Code is amended to read:7381.
(a) Revenue received pursuant to Section 7380 may be expended, upon appropriation by the Legislature, only to monitor, restore, or enhance steelhead trout resources consistent with Sections 6901 and 6902, and to administer the fishing report-restoration card program. The department shall submit all proposed expenditures, including proposed expenditures for administrative purposes, to the Advisory Committee on Salmon and Steelhead Trout for review and comment before submitting a request for inclusion of the appropriation in the annual Budget Act. The committee may recommend revisions in any proposed expenditure to the Legislature and the commission.(b) The department shall report to the Legislature on or before July 1, 2023,
2025, regarding the steelhead trout fishing report-restoration card program’s projects undertaken using revenues derived pursuant to that program, the benefits derived, and its recommendations for revising the fishing report-restoration card requirement, if any. The report submitted pursuant to this subdivision shall be submitted in compliance with Section 9795 of the Government Code.
SEC. 5.
Section 7382 of the Fish and Game Code is amended to read:7382.
This article shall remain in effect only until January 1,SEC. 6.
Section 8558 of the Fish and Game Code is amended to read:8558.
(a) There is established a herring research and management account within the Fish and Game Preservation Fund. The funds in the account shall be expended for the purpose of supporting, in consultation with the herring industry pursuant to Section 8555, department evaluations of, and research on, herring populations in San Francisco Bay and those evaluations and research that may be required for Tomales Bay, Humboldt Bay, and Crescent City and assisting in enforcement of herring regulations. The evaluations and research shall be for the purpose of (1) determining the annual herring spawning biomass, (2) determining the condition of the herring resource, which may include its habitat, and (3) assisting the commission and the department in the adoption of regulations to ensure a sustainable herring roe fishery. An amount, not to exceed 15 percent of the total funds in the account, may be used for educational purposes regarding herring, herring habitat, and the herring roe fishery.(b) The funds in the account shall consist of the funds deposited pursuant to Sections 8558.1, 8558.2, and 8558.3, and the funds derived from herring landing fees allocated pursuant to subdivision (a) of Section 8052.
(c) The department shall maintain internal accountability necessary to ensure that all restrictions on the expenditure of the funds in the account are met.
(d) Effective June 30, 2024, the herring research and management account in the Fish and Game Preservation Fund in the State Treasury, created by this chapter, is hereby abolished.
(e) This section shall remain in effect only until January 1, 2025, and as of that date is repealed.
SEC. 7.
Section 8558.1 of the Fish and Game Code is repealed.(a)No person shall purchase or renew any permit to take herring for commercial purposes in San Francisco Bay without first obtaining from the department an annual herring stamp. The fee for the stamp shall be one hundred dollars ($100). The revenue from the fee for the herring stamps shall be deposited into the herring research and management account established pursuant to Section 8558.
(b)This section shall become operative on April 1, 1997.
SEC. 8.
Section 8558.2 of the Fish and Game Code is repealed.The amount of the difference between fees for nonresidents and resident fees, collected pursuant to Section 8550.5, shall be deposited into the herring research and management account established pursuant to Section 8558, and all fees for San Francisco Bay herring permit transfers, collected pursuant to Section 8552.7, shall also be deposited into the herring research and management account.
SEC. 9.
Section 8558.3 of the Fish and Game Code is repealed.One-half of all royalties collected by the department from the roe-on-kelp fishery collected pursuant to paragraph (2) of subdivision (f) of Section 164 of Title 14 of the California Code of Regulations shall be deposited into the herring research and management account established pursuant to Section 8558.
SEC. 10.
Section 8610.9 of the Fish and Game Code is amended to read:8610.9.
(a) Any funds remaining in the Marine Resources Protection Account in the Fish and Game Preservation Fund on or after January 1, 1995, shall, with the approval of the commission, be used to provide grants to colleges, universities, and other bona fide scientific research groups to fund marine resource related scientific research within the ecological reserves established by Section 8610.14. An amount, not to exceed 15 percent of the total funds remaining in that account on or after January 1, 1995, may be expended for the administration of this section.(b) Effective June 30, 2024, the Marine Resources Protection Account in the Fish and Game Preservation Fund in the State Treasury, created by this chapter, is hereby abolished.
(c) This section shall remain in effect only until January 1, 2025, and as of that date is repealed.
SEC. 11.
Section 8670.40.5 of the Government Code is amended to read:8670.40.5.
(a) For each fiscal year, consistent with this article, the administrator shall submit, as a proposed appropriation in the Governor’s Budget, an amount up to(b) The administrator shall report to the Legislature, upon request, on the progress and effectiveness of the network of oiled wildlife rescue and rehabilitation stations established pursuant to Section 8670.37.5 and the adequacy of the Oil Spill Prevention and Administration Fund to meet the purposes for which the network was established.
(c) At the administrator’s request, any funds made available for purposes of this section may be directly appropriated to a suitable program for wildlife health and rehabilitation within a school of veterinary medicine within this state, if an agreement exists, consistent with this chapter, between the administrator and an appropriate representative of the program for carrying out that purpose. The administrator shall attempt to have an agreement in place at all times. The agreement shall ensure that the training of, and the care provided by, the
program staff are at levels that are consistent with those standards generally accepted within the veterinary profession.
(d) Any funds made available for purposes of this section shall not be considered an offset to any other state funds appropriated to the program, the program’s associated school of veterinary medicine, or the program’s associated college or university. The funds shall not be used for any other purpose. If an offset does occur or the funds are used for an unintended purpose, the administrator may terminate expenditure of any funds appropriated for purposes of this section and the administrator may request a reappropriation to accomplish the intended purpose. The administrator shall annually review and approve the proposed uses of any funds made available for purposes of this section.
SEC. 12.
Section 14670.10.6 is added to the Government Code, immediately following Section 14670.10.5, to read:14670.10.6.
(a) The Department of Forestry and Fire Protection and the Department of General Services shall, consistent with Section 14670.10.5 and subdivision (b) of Section 65041.1, develop performance criteria for the design, siting, acquisition, planning, and construction of the Department of Forestry and Fire Protection Sonoma Lake Napa Unit Headquarters and Glen Ellen Fire Station on the former Sonoma Developmental Center property.(b) The performance criteria described in subdivision (a) shall ensure that the design, siting, acquisition, planning, and construction of the facilities and related infrastructure described in subdivision (a) conserve and protect to the greatest extent feasible the habitat, open space, and wildlife resources of the
area within the former Sonoma Developmental Center property that is designated as a Habitat Connectivity Corridor and Community Separator in the Sonoma County General Plan, hereinafter the “habitat connectivity corridor.”
(c) The design and location of the facilities and related infrastructure described in subdivision (a), including, but not limited to, the placement of the facilities, lighting, and fencing, shall avoid and minimize impacts to the habitat connectivity corridor to the greatest extent feasible.
(d) The Department of Forestry and Fire Protection and the Department of General Services shall mitigate any other environmental impacts related to the design, siting, acquisition, planning, and construction of the facilities and related infrastructure described in subdivision (a).
(e) This section does not
create a right of action, nor shall it serve as the basis for any challenge of any action or decision, related to the facilities and related infrastructure described in subdivision (a).
SEC. 13.
Section 14673.12 is added to the Government Code, to read:14673.12.
(a) The Legislature finds and declares both of the following:(1) The Leviathan Mine Site is a federal Superfund site regulated by the United States Environmental Protection Agency
(2) The State of California owns the Leviathan Mine Site, approximately 465 acres.
(b) The Department of General Services, on behalf of the State of California, may convey all or a portion of the Leviathan Mine Site to any entity, if the director determines that the conveyance is in the best interests of the State of California.
(c) The Department of General Services may
convey all or a portion of the property pursuant to subdivision (b) upon those terms and conditions, and subject to those reservations and exceptions that the Director determines are in the best interest of the state, including conveying the property at less than fair market value.
(d) Any conveyance pursuant to subdivision (b) may include entering into leases, easements, or other rights of entry or access to the Leviathan Mine Site as may be reasonably necessary to comply with any responsibility or authority of the State Water Resources Control Board or the California Regional Water Quality Control Board, Lahontan Region with respect to the property.
(e) The Department of General Services shall be reimbursed for any cost or expense incurred in the disposition of the property described in subdivision (a) from the proceeds of the disposition, to the extent there are any. The net
proceeds of any moneys received from the disposition of the property shall be deposited in accordance with subdivision (g) of Section 11011.
(f) The disposition of a parcel of surplus state real property, pursuant to subdivision (b), made on an “as is” basis shall be exempt from Division 13 (commencing with Section 21000) of the Public Resources Code.
SEC. 14.
Section 651 of the Harbors and Navigation Code is amended to read:651.
As used in this chapter, the following definitions apply unless the context clearly requires a different meaning:(a) “Alcohol” means any form or derivative of ethyl alcohol (ethanol).
(b) “Alcohol concentration” means either grams of alcohol per 100 milliliters of blood or grams of alcohol per 210 liters of breath.
(c) “Associated equipment” means any of the following, excluding radio equipment:
(1) Any system, part, or component of a boat as originally manufactured or any similar part
or component manufactured or sold for replacement, repair, or improvement of the system, part, or component.
(2) Any accessory or equipment for, or appurtenance to, a boat.
(3) Any marine safety article, accessory, or equipment intended for use by a person on board a boat.
(d) “Boat” means any vessel that is any of the following:
(1) Manufactured or used primarily for noncommercial use.
(2) Leased, rented, or chartered to another for the latter’s noncommercial use.
(3) Engaged in the carrying of six or fewer passengers, including those for-hire vessels carrying more than three passengers while using inland waters of the state
that are not declared navigable by the United States Coast Guard.
(4) Commercial vessels required to be numbered pursuant to Section 9850 of the Vehicle Code.
(e) “Chemical test” means a test that analyzes an individual’s breath, blood, or urine for evidence of drug or alcohol use.
(f) “Controlled substance” means controlled substance as defined in Section 11007 of the Health and Safety Code.
(g) “Department” means the Department of Boating and Waterways.
(h) “Director” means the Director of Boating and Waterways.
(i) “Drug” means any substance or combination of substances other than alcohol that could so affect the nervous
system, brain, or muscles of a person as to impair to an appreciable degree the person’s ability to operate a vessel in the manner that an ordinarily prudent person, in full possession of their faculties, using reasonable care, would operate a similar vessel under like conditions.
(j) “Engine cut-off switch” means a switch that automatically stops the engine of a power-driven vessel if activated by an engine cut-off switch link.
(k) “Engine cut-off switch link” means a device that, if attached to an operator, activates an engine cut-off switch if the operator is separated from the power-driven vessel. This term includes a lanyard or another mechanical device and a wireless cut-off link that transmits an electromagnetic signal to an engine cut-off switch.
(j)
(l) “Intoxicant” means any form of alcohol, drug, or combination thereof.
(k)
(m) “Legal owner” is a person holding the legal title to a vessel under a conditional sale contract, the mortgagee of a vessel, or the renter or lessor of a vessel to the state, or to any county, city, district, or political subdivision of the state, under a lease, lease-sale, or rental-purchase agreement that grants possession of the vessel to the lessee for a period of 30 consecutive days or more.
(l)
(n) “Manufacturer” means any person engaged in any of the following:
(1) The manufacture, construction, or assembly of boats or associated equipment.
(2) The manufacture or construction of components for boats and associated equipment to be sold for subsequent assembly.
(3) The importation into this state for sale of boats, associated equipment, or components thereof.
(m)
(o) “Marine employer” means the owner, managing operator, charterer, agent, master, or person in charge of a vessel
vessel, other than a recreational vessel.
(n)
(p) “Motorboat” means any vessel propelled by machinery, whether or not the machinery is the principal source of propulsion, but shall not include a vessel that has a valid marine document issued by the United States Coast Guard or any federal agency successor thereto.
(o)
(q) “Operator” means the person aboard a vessel who meets any of the following:
(1) Is steering the vessel while underway.
(2) Is responsible for the operation of the vessel while underway.
(3) Is at least 18 years of age and is attentive and supervising the operation of the vessel by a person 12, 13, 14, or 15 years of age pursuant to Section 658.5.
(p)
(r) (1) “Owner” is a person having
that meets one or more of the following criteria:
(A) Has all the incidents of ownership, including the legal title, of a vessel whether or not that person lends, rents, or pledges the vessel; the vessel.
(B) The person entitled to the possession of a vessel as the purchaser under a
conditional sale contract; or the
contract.
(C) The mortgagor of a vessel. “Owner”
(2) “Owner” does not include a person holding legal title to a vessel under a conditional sale contract, the mortgagee of a vessel, or the renter or lessor of a vessel to the state or to any county, city, district, or political subdivision of the state under a lease, lease-sale, or rental-purchase agreement that grants possession of the vessel to
the lessee for a period of 30 consecutive days or more.
(q)
(s) “Passenger” means every person carried on board a vessel other than any of the following:
(1) The owner or the owner’s representative.
(2) The operator.
(3) Bona fide members of the crew engaged in the business of the vessel who have contributed no consideration for their carriage and who are paid for their services.
(4) Any guest on board a vessel that is
being used exclusively for pleasure purposes who has not contributed any consideration, directly or indirectly, for their carriage.
(r)
(t) “Person” means an individual, partnership, firm, corporation, limited liability company, association, or other entity, but does not include the United States, the state, or a municipality or subdivision thereof.
(u) “Personal flotation device” means a device that is approved by the Commandant of the United States Coast Guard pursuant to Part 160 (commencing with Section 160.001-1) of Title 46
of the Code of Federal Regulations.
(s)
(v) “Personal watercraft” means a vessel 13 feet in length or less, propelled by machinery, that is
propelled by a water-jet pump or other machinery as its primary source of motive power and designed to be operated by a person sitting, standing, or kneeling on the vessel, rather than in the conventional manner of sitting or standing inside the vessel.
within the vessel’s hull.
(t)
(w) “Recreational vessel” means a vessel that is being used only for pleasure.
(u)
(x) “Registered owner” is the person registered by the Department of Motor Vehicles as the owner of the vessel.
(v)
(y) “Special-use area” means all or a portion of a waterway that is set aside for specified uses or activities to the exclusion of other incompatible uses or activities.
(w)
(z) “State” means a state of the United States, the Commonwealth of Puerto Rico, the Virgin Islands, Guam, American Samoa, and the District of Columbia.
(x)
(aa) “State of principal use” means the state on which waters a vessel is used or intended to be used most during a calendar year.
(ab) “Static thrust” means the forward or backward thrust developed by a propulsion machinery while stationary.
(ac) “Throwable personal flotation device” means a personal flotation device that is intended to be thrown to a person in the water. A personal flotation device marked as Type IV or Type V with Type IV performance is considered a throwable personal flotation device. Unless specifically marked otherwise, a wearable personal flotation device is not a throwable personal flotation device.
(y)
(ad) “Undocumented vessel” means any vessel that is not required to have, and does not have, a valid marine document issued by the United States Coast Guard or any federal agency successor thereto.
(z)
(ae) “Use” means operate, navigate, or employ.
(aa)
(af) “Vessel” includes every description of a watercraft or other artificial contrivance used or capable of being used as a means of transportation on water, except either of the following:
(1) A seaplane on the water.
(2) A watercraft specifically designed to operate on a permanently fixed course, the movement of which is restricted to a fixed track or arm to which the watercraft is attached or by which the watercraft is controlled.
(ab)
(ag) “Water skis, an aquaplane, or a similar device” includes all forms of water skiing, barefoot
skiing, skiing on skim boards, knee boards, or other contrivances, parasailing, ski kiting, or any activity where a person is towed behind or alongside a boat.
(ac)
(ah) “Waters of this state” means any waters within the territorial limits of this state.
(ai) “Wearable personal flotation device” means a personal flotation device that is intended to be worn or otherwise attached to the body. A personal flotation device marked as Type I, Type II, Type III, or Type V with Type I, II, or III performance is considered a wearable
personal flotation device.
SEC. 15.
Section 655.7 of the Harbors and Navigation Code is amended to read:655.7.
(a) A person operating a personal watercraft equipped by the manufacturer with a lanyard-type engine(b) No A person shall not operate a personal watercraft equipped by the manufacturer with a self-circling device an engine cut-off switch if the self-circling device engine cut-off switch
or engine throttle has been altered in any way that would impede or prevent the self-circling device
engine cut-off switch from operating in its intended manner.
(c) Every personal watercraft shall, at all times, be operated in a reasonable and prudent manner. Maneuvers that unreasonably or unnecessarily endanger life, limb, or property, including, but not limited to, jumping or attempting to jump the wake of another vessel within 100 feet of that other vessel, operating the personal watercraft toward any person or vessel in the water and turning sharply at close range so as to spray the vessel or person, or operating at a rate of speed and proximity to another vessel so that either operator is required to swerve at the last minute to avoid collision, is unsafe or reckless operation of a vessel.
(d) A person shall not operate a personal watercraft at any time between the hours from sunset to sunrise. This subdivision does not apply to
marine patrol, harbor police, or emergency personnel in the performance of their duties.
(e) (1) Except as provided in paragraph (2), a person operating a power-driven covered vessel shall not operate or authorize another person to operate the vessel on plane or above displacement speed if the engine cut-off switch or engine cut-off switch link is missing, disconnected, or not operating properly.
(2) Paragraph (1) does not apply if either of the following criteria is met:
(A) The main helm of the vessel is installed within an enclosed cabin.
(B) The vessel does not have an engine cut-off switch and is not required to have one pursuant to Section 4312 of Title 46 of the United States Code.
(3) For purposes of this subdivision, “covered vessel” means a vessel that meets all of the following criteria:
(A) Is less than 26 feet overall in length.
(B) Is capable of developing 115 pounds or more of static thrust.
(C) Is either equipped with an engine cut-off switch or was built on or after December 4, 2019.
(e)
(f) This section does not apply to a performer who is engaged in a professional exhibition or to a person who is participating in a regatta, race, marine parade, tournament, exhibition, or other event sanctioned by the United States Coast Guard or authorized by a permit issued by the local entity having jurisdiction over the area where the event is held.
(f)
(g) Any violation of this section is an infraction.
SEC. 16.
Section 658.3 of the Harbors and Navigation Code is amended to read:658.3.
(a) A person shall not(b)Subdivision (a) does not apply to a person operating a
sailboat on which a person who is under 13 years of age is restrained by a harness tethered to the vessel, or to a person operating a vessel on which a person who is under 13 years of age is in an enclosed cabin.
(1) There is at least one wearable personal flotation device on board the vessel for each person on the vessel.
(2) Each personal flotation device is used in accordance with the requirements on its approval label.
(3) If a personal flotation device’s approval label refers to an owner’s manual, then the personal flotation device is used in accordance with the requirements in its owner’s manual.
(b) A person shall not use a recreational vessel 16 feet or more in length unless one throwable personal flotation device is onboard in addition to the number of wearable personal flotation devices required by subdivision (a).
(c) A person shall not operate a recreational vessel underway with a child under 13 years of age onboard unless at least one of the following requirements is met:
(1) The child is wearing an appropriate personal flotation device that is approved by the United States Coast Guard.
(2) The child is below deck or in an enclosed
cabin.
(c)
(d) A person on board a personal watercraft or a person being towed behind a vessel on water skis, an aquaplane, or similar device, except for an underwater maneuvering device intended for use by a submerged swimmer, shall wear a United States Coast Guard-approved wearable personal flotation device that is used in accordance with approval labels and manufacturer’s instructions. An underwater maneuvering device is a towed or self-powered apparatus that a person can pilot through diving, turning, and surfacing maneuvers that is designed for underwater use.
(1) This subdivision
does not apply to a person aboard a personal watercraft or a person being towed behind a vessel on water skis, if that person is a performer engaged in a professional exhibition, or preparing to participate or participating with authorization pursuant to a United States Coast Guard permit or other permit granted pursuant to subdivision (a) of Section 268 in an official regatta, marine parade, tournament, or exhibition.
(2) In lieu of wearing a United States Coast Guard-approved wearable personal flotation device as described in this subdivision, a person engaged in slalom skiing on a marked course or a person engaged in barefoot, jump, or trick waterskiing may elect to wear a wetsuit designed for the activity and labeled by the manufacturer as a water ski wetsuit. A United States Coast Guard-approved personal flotation device as described in this subdivision shall be carried in the tow vessel for each skier electing to wear a water ski wetsuit
pursuant to this paragraph.
(d)
(e) The requirements set forth in subdivisions (a) and (c) (d) do not apply to a person 13 years of age or older operating a motorboat, sailboat, or
recreational vessel if the vessel is engaged in an emergency rescue situation.
(e)
(f) Subdivision (a) does not apply to a person operating a “passenger vessel,” as defined in Section 2101(22) 2101(31) of Title 46 of the United States Code or a “small passenger vessel,” as defined in Section 2101(35)
2101(47) of Title 46 of the United States Code.
(f)The following definitions govern the construction of this section:
(g) For purposes of this section, the following definitions apply:
(1) “Enclosed cabin” means a space on board a vessel that is surrounded by bulkheads or canvas, and covered by a roof.
(2)“Operate a motorboat, sailboat, or vessel” means to be in control or in charge of a motorboat, sailboat, or vessel while it is underway.
(3)
(2) “Underway” means all times except when the motorboat, sailboat, or vessel is anchored, moored, or aground.
(g)
(h) A violation of this section is an infraction punishable as provided in subdivision (a) of Section 668.
SEC. 17.
Section 25121.2 is added to the Health and Safety Code, to read:25121.2.
“Release” has the same definition as in Section 78105.SEC. 18.
Section 25174 of the Health and Safety Code, as amended by Section 11 of Chapter 196 of the Statutes of 2023, is amended to read:25174.
(a) There is in the General Fund the Hazardous Waste Control Account, which shall be administered by the director. In addition to any other money that may be deposited(1) The fees collected pursuant to Sections 25205.5 and 25205.5.2.
25205.5.2, or described in Section 25205.25.
(2) The fees collected pursuant to Section 25187.2, to the extent that those fees are for the oversight of corrective action taken under this chapter at a site other than a site operated by a hazardous waste facility authorized to operate under this chapter.
(3) Any interest earned upon the money deposited in into the Hazardous Waste Control Account.
(4) Any money received from the federal government pursuant to the federal act to pay for department costs at sites or activities at sites other than those operated by a hazardous waste facility
authorized to operate under this chapter.
(5) Any reimbursements for funds expended from the Hazardous Waste Control Account for services provided by the department pursuant to this chapter at a site other than a site operated by a hazardous waste facility authorized to operate under this chapter, including, but not limited to, the reimbursements required pursuant to Sections 25201.9 and 25205.7.
(b) The funds deposited in into the Hazardous Waste Control Account may be appropriated by the Legislature, for expenditure as follows:
(1) To the department for the costs to administer and implement this chapter, but not including the
costs of regulatory activities at sites operated by a hazardous waste facility authorized to operate under this chapter, and not including regulatory activities authorized under Article 10 (commencing with Section 25210), Article 10.01 (commencing with Section 25210.5), Article 10.02 (commencing with Section 25210.9), Article 10.1.1 (commencing with Section 25214.1), Article 10.1.2 (commencing with Section 25214.4.3), Article 10.2.1 (commencing with Section 25214.8.1), Article 10.4 (commencing with Section 25214.11), Article 10.5 (commencing with Section 25215), Article 10.5.1 (commencing with Section 25215.8), Article 13.5 (commencing with Section 25250.50), Article 14 (commencing with Section 25251), and Section 25214.10.
(2) To the department for allocation to the California Department of Tax and Fee Administration to pay refunds of fees collected pursuant to Section 43053 of the Revenue and Taxation Code and for the administration and
collection of the fees imposed pursuant to Section 25205.5 collected pursuant to Sections 25205.5 and 25205.5.2, or described in Section 25205.25, that are deposited into the Hazardous Waste Control Account.
(3) (A) To the department for allocation to the office of the Attorney General for the support of the Toxic Substance Enforcement Program in the office of the Attorney General in carrying out investigations, inspections, and audits, and the administrative enforcement and adjudication thereof, for purposes of this chapter, but not for purposes related to a site operated by a hazardous waste facility authorized to operate under this chapter or related to the owner or operator of a hazardous waste facility authorized to operate under
this chapter, and not for regulatory activities authorized under Article 10 (commencing with Section 25210), Article 10.01 (commencing with Section 25210.5), Article 10.02 (commencing with Section 25210.9), Article 10.1.1 (commencing with Section 25214.1), Article 10.1.2 (commencing with Section 25214.4.3), Article 10.2.1 (commencing with Section 25214.8.1), Article 10.4 (commencing with Section 25214.11), Article 10.5 (commencing with Section 25215), Article 10.5.1 (commencing with Section 25215.8), Article 13.5 (commencing with Section 25250.50), Article 14 (commencing with Section 25251), and Section 25214.10.
(B) On or before October 1 of each year, the Attorney General shall report to the Legislature on the expenditure of any funds allocated to the office of the Attorney General for the preceding fiscal year pursuant to this paragraph. The report shall include all of the following:
(i) A description of cases resolved by the office of the Attorney General through settlement or court order, including the monetary benefit to the department and the state.
(ii) A description of injunctions or other court orders benefiting the people of the state.
(iii) A description of any cases in which the Attorney General’s Toxic Substance Enforcement Program is representing the department or the state against claims by defendants or responsible parties.
(iv) A description of other pending litigation handled by the Attorney General’s Toxic Substance Enforcement Program.
(C) Nothing in subparagraph (B) shall Subparagraph
(B) does not require the Attorney General to report on any confidential or investigatory matter.
(4) To the department for administration and implementation of Chapter 6.11 (commencing with Section 25404).
(5) To the department for costs incurred by the Board of Environmental Safety in the administration and implementation of its duties and responsibilities established in Article 2.1 (commencing with Section 25125).
(c) (1) The department shall, at the time of the release of the annual Governor’s Budget, describe the budgetary amounts proposed to be allocated to the California Department of Tax and Fee Administration, as specified in paragraph (2) of subdivision (b).
(2) It is the intent of the Legislature
that moneys appropriated in the annual Budget Act each year for the purpose of reimbursing the California Department of Tax and Fee Administration, a private party, or other public agency, for the administration and collection of the fees imposed pursuant to Section 25205.5, collected pursuant to Sections 25205.5 and 25205.5.2, or described in Section 25205.25, and deposited in
into
the Hazardous Waste Control Account, shall not exceed the costs incurred by the California Department of Tax and Fee Administration, the private party, or other public agency, for the administration and collection of those fees.
(d) The Director of Finance, upon the request of the director, may make a loan from the General Fund to the Hazardous Waste Control Account to meet cash needs. The loan shall be subject to the repayment provisions of Section 16351 of the Government Code and the interest provisions of Section 16314 of the Government Code.
(e)This section shall remain in effect only until January 1, 2026, and as of that date is repealed.
SEC. 19.
Section 25174 of the Health and Safety Code, as added by Section 12 of Chapter 196 of the Statutes of 2023, is repealed.(a)There is in the General Fund the Hazardous Waste Control Account, which shall be administered by the director. In addition to any other money that may be deposited in the Hazardous Waste Control Account, pursuant to statute, all of the following amounts shall be deposited in the account:
(1)The fees collected pursuant to Section 25205.5.
(2)The fees collected pursuant to Section 25187.2, to the extent that those fees are for the oversight of corrective action taken under this chapter at a site other than a site operated by a hazardous waste facility authorized to operate under this chapter.
(3)Any interest earned upon the money deposited in the Hazardous Waste Control Account.
(4)Any money received from the federal government pursuant to the federal act to pay for department costs at sites or activities at sites other than those operated by a hazardous waste facility authorized to operate under this chapter.
(5)Any reimbursements for funds expended from the Hazardous Waste Control Account for services provided by the department pursuant to this chapter at a site other than a site operated by a hazardous waste facility authorized to operate under this chapter, including, but not limited to, the reimbursements required pursuant to Sections 25201.9 and 25205.7.
(b)The funds deposited in the Hazardous Waste Control Account may be appropriated by the Legislature, for expenditure as follows:
(1)To the department for the costs to administer and implement this chapter, but not including the costs of regulatory activities at sites operated by a hazardous waste facility authorized to operate under this chapter, and not including regulatory activities authorized under Article 10 (commencing with Section 25210), Article 10.01 (commencing with Section 25210.5), Article 10.02 (commencing with Section 25210.9), Article 10.1.1 (commencing with Section 25214.1), Article 10.1.2 (commencing with Section 25214.4.3), Article 10.2.1 (commencing with Section 25214.8.1), Article 10.4 (commencing with Section 25214.11), Article 10.5 (commencing with Section 25215), Article 10.5.1 (commencing with Section 25215.8), Article 13.5 (commencing with Section 25250.50), Article 14 (commencing with Section 25251), and Section 25214.10.
(2)To the department for allocation to the California Department of Tax and Fee Administration to pay refunds of fees collected pursuant to Section 43053 of the Revenue and Taxation Code and for the administration and collection of the fees imposed pursuant to Section 25205.5 that are deposited into the Hazardous Waste Control Account.
(3)(A)To the department for allocation to the office of the Attorney General for the support of the Toxic Substance Enforcement Program in the office of the Attorney General in carrying out investigations, inspections, and audits, and the administrative enforcement and adjudication thereof, for purposes of this chapter, but not for purposes related to a site operated by a hazardous waste facility authorized to operate under this chapter or related to the owner or operator of a hazardous waste facility authorized to operate under this chapter, and not for regulatory activities authorized under Article 10 (commencing with Section 25210), Article 10.01 (commencing with Section 25210.5), Article 10.02 (commencing with Section 25210.9), Article 10.1.1 (commencing with Section 25214.1), Article 10.1.2 (commencing with Section 25214.4.3), Article 10.2.1 (commencing with Section 25214.8.1), Article 10.4 (commencing with Section 25214.11), Article 10.5 (commencing with Section 25215), Article 10.5.1 (commencing with Section 25215.8), Article 13.5 (commencing with Section 25250.50), Article 14 (commencing with Section 25251), and Section 25214.10.
(B)On or before October 1 of each year, the Attorney General shall report to the Legislature on the expenditure of any funds allocated to the office of the Attorney General for the preceding fiscal year pursuant to this paragraph. The report shall include all of the following:
(i)A description of cases resolved by the office of the Attorney General through settlement or court order, including the monetary benefit to the department and the state.
(ii)A description of injunctions or other court orders benefiting the people of the state.
(iii)A description of any cases in which the Attorney General’s Toxic Substance Enforcement Program is representing the department or the state against claims by defendants or responsible parties.
(iv)A description of other pending litigation handled by the Attorney General’s Toxic Substance Enforcement Program.
(C)Nothing in subparagraph (B) shall require the Attorney General to report on any confidential or investigatory matter.
(4)To the department for administration and implementation of Chapter 6.11 (commencing with Section 25404).
(5)To the department for costs incurred by the Board of Environmental Safety in the administration and implementation of its duties and responsibilities established in Article 2.1 (commencing with Section 25125).
(c)(1)The department shall, at the time of the release of the annual Governor’s Budget, describe the budgetary amounts proposed to be allocated to the California Department of Tax and Fee Administration, as specified in paragraph (2) of subdivision (b).
(2)It is the intent of the Legislature that moneys appropriated in the annual Budget Act each year for the purpose of reimbursing the California Department of Tax and Fee Administration, a private party, or other public agency, for the administration and collection of the fees imposed pursuant to Section 25205.5, and deposited in the Hazardous Waste Control Account, shall not exceed the costs incurred by the California Department of Tax and Fee Administration, the private party, or other public agency, for the administration and collection of those fees.
(d)The Director of Finance, upon the request of the director, may make a loan from the General Fund to the Hazardous Waste Control Account to meet cash needs. The loan shall be subject to the repayment provisions of Section 16351 of the Government Code and the interest provisions of Section 16314 of the Government Code.
(e)This section shall become operative on January 1, 2026.
SEC. 20.
Section 25174.8 of the Health and Safety Code is amended to read:25174.8.
(a) The fee provided for in Section 25205.5 does not apply to any of the following:(1) (A) Hazardous wastes that result waste that results when a governmental agency, or its contractor, removes or remedies a release of hazardous waste in the state caused by another person.
(B) Notwithstanding subparagraph (A), a person responsible for a release of hazardous waste that has been removed or remedied by a governmental agency, or its contractor, shall pay the fee pursuant to Section
25205.5.
(2) Hazardous wastes
waste generated or disposed of by a public agency operating a household hazardous waste collection facility in the state pursuant to Article 10.8 (commencing with Section 25218), including, but not limited to, hazardous waste received from conditionally exempt small quantity commercial generators authorized pursuant to Section 25218.3.
(3) Hazardous waste disposed of, or submitted for disposal or treatment, that is generated by any a person and that is discovered and separated from solid waste as part of a load checking program.
(4) Hazardous waste that is used oil collected from the public and generated by a used oil collection center certified by
the Department of Resources Recycling and Recovery pursuant to Section 48660 of the Public Resources Code.
(b) The fee exemptions provided in paragraphs (2) and (4) of subdivision (a) shall continue to apply to the wastes that are hazardous waste that is eligible for the exemption, even if the waste is transferred, consolidated, or bulked and subsequently included on a manifest along with other nonexempt hazardous wastes.
waste.
(c) This section shall become operative on January 1, 2022, and shall apply
applies to the generation and handling fees imposed pursuant to subdivision (a) of Section 25205.5. 25205.5 for hazardous waste generated on or before December 31, 2022.
SEC. 21.
Section 25174.8.1 is added to the Health and Safety Code, to read:25174.8.1.
(a) The fee provided for in Section 25205.5 does not apply to any of the following:(1) (A) Hazardous waste that results when a governmental agency takes a removal, remedial, or corrective action to address a release of a hazardous substance caused by a person other than the governmental agency that takes the action if both of the following conditions are met:
(i) The governmental agency took immediate action necessary to remove or remedy an imminent and substantial threat of a release of a hazardous substance.
(ii) The governmental agency files an annual return with the California
Department of Tax and Fee Administration pursuant to subdivision (b) of Section 43152.7 of the Revenue and Taxation Code.
(B) A “responsible party,” as defined in Section 78145, or a person subject to an order as described in paragraph (5) of subdivision (b) of Section 25187, for the release of the hazardous substance referred to in subparagraph (A) shall pay the fee imposed by Section 25205.5 for the hazardous waste generated from the governmental agency’s action under subparagraph (A).
(2) Hazardous waste generated or disposed of by a public agency resulting from the operation of a household hazardous waste collection facility in the state pursuant to Article 10.8 (commencing with Section 25218), including, but not limited to, hazardous waste received from conditionally exempt small quantity commercial generators authorized pursuant to Section 25218.3.
(3) Hazardous waste disposed of, or submitted for disposal or treatment, that is generated by any person and that is discovered and separated from solid waste as part of a load checking program.
(4) (A) Hazardous waste that is “household do-it-yourselfer used oil,” as defined in Section 66279.1 of Title 22 of the California Code of Regulations, and is accepted from the public at no charge as provided in paragraph (1) of subdivision (b) of 48660 of the Public Resources Code by a used oil collection center that is certified by the Department of Resources Recycling and Recovery pursuant to Chapter 4 (commencing with Section 48600) of Part 7 of Division 30 of the Public Resources Code.
(B) A certified used oil collection center shall maintain a record of the amount of “household do-it-yourselfer used
oil” that was collected pursuant to subparagraph (A) during the calendar year and shall submit the records to the department and the California Department of Tax and Fee Administration upon request.
(5) Hazardous waste that is recycled and used onsite and is not transferred offsite.
(6) Hazardous waste that is generated onsite and meets both of the following conditions:
(A) Is treated onsite in a treatment unit authorized by the department, or the CUPA, to treat hazardous waste pursuant to the applicable hazardous waste facilities permit requirements of Article 9 (commencing with Section 25200).
(B) Becomes nonhazardous as a result of that treatment.
(7) Universal waste as defined in
Section 25123.8 and managed in accordance with the universal waste management requirements in Chapter 23 (Commencing with Section 66273.1) of Division 4.5 of Title 22 of the California Code of Regulations.
(b) Except for the exemption provided in paragraph (5) of subdivision (a), the fee exemptions provided in subdivision (a) shall continue to apply to hazardous waste that is eligible for the exemption, even if the hazardous waste is transferred, consolidated, or bulked and subsequently included on a manifest along with other nonexempt hazardous waste.
(c) For purposes of this section, the definitions in Section 25205.1 apply, except as otherwise specified in this section.
(d) For purposes of this section, “governmental agency” means any city, county, city and county, district, special district, commission, the
Regents of the University of California, the University of California, the Trustees of the California State University, the California State University, the state, the federal government, any department or agency thereof, or a joint powers authority authorized to identify, plan for, monitor, control, regulate, dispose of, or abate liquid, toxic, or hazardous wastes, or hazardous materials. “Governmental agency” includes a contractor authorized to act on behalf of a governmental agency who uses the governmental agency’s United States Environmental Protection Agency or state identification number on a hazardous waste manifest.
(e) The generator shall maintain records to document that the exemption requirements are met and shall submit those records to the department and the California Department of Tax and Fee Administration upon request.
(f) This section applies to the generation
and handling fees imposed pursuant to subdivision (a) of Section 25205.5 for hazardous waste generated on or after January 1, 2023.
SEC. 22.
Section 25196.1 is added to the Health and Safety Code, to read:25196.1.
(a) A person who generates or has generated hazardous waste that fails to provide information to the department as required pursuant to this chapter and regulations adopted pursuant to this chapter is liable for a civil or administrative penalty not to exceed seventy thousand dollars ($70,000) for each separate violation or, for continuing violations, for each day that the violation continues.(b) The department may adopt regulations to implement subdivision (a).
SEC. 23.
Section 25205.5 of the Health and Safety Code is amended to read:25205.5.
(a) (1) Except as otherwise provided in this section, a generator of hazardous waste shall pay to the California Department of Tax and Fee Administration a generation and handling fee for each generator site that generates an amount equal to, or more than, five tons for each calendar year, or portion of the calendar year.(2) For the 2022–23 fiscal year, the fee rate shall be forty-nine dollars and twenty-five cents ($49.25) for each ton or fraction of a ton of hazardous waste generated in calendar year 2021.
(3) Commencing July 1, 2023, the fee rates established pursuant to Section 25205.5.01 shall apply.
apply to each ton, including the first five tons, or fraction of a ton rounded up to the next nearest ton, of hazardous waste generated.
(4) For purposes of calculating the amount of the fee imposed pursuant to paragraph (1), a generator of hazardous waste that is issued a hazardous waste facilities permit from the department and that pays the annual facility fee, as specified in Section 25205.2, may deduct, from the amount of hazardous waste otherwise subject to this subdivision that is generated per calendar year, the amount of hazardous waste that is stored, bulked, or and transferred solely through the location of the permitted hazardous waste facility and that is in route to another facility that is
authorized to do any of the following:
(A) Manage the hazardous waste for reclamation and recovery, including fuel blending before energy recovery at another site.
(B) Manage the hazardous waste through destruction methods or treatment before disposal at another site.
(C) Manage the hazardous waste by any form of treatment.
(D) Dispose of the hazardous waste.
(b)The following materials are not hazardous wastes for purposes of this section:
(1)Hazardous materials that are recycled, and used onsite, and are not transferred offsite.
(2)Aqueous waste treated in a treatment unit operating, or that subsequently operates, pursuant to a permit-by-rule, or pursuant to Section 25200.3 or 25201.5. However, hazardous waste generated by a treatment unit treating waste pursuant to a permit-by-rule, by a unit that subsequently obtains a permit-by-rule, or other authorization pursuant to Section 25200.3 or 25201.5 is hazardous waste for purposes of this section.
(c)
(b) The fee imposed pursuant to this section shall be paid in accordance with Part 22 (commencing with Section 43001) of Division 2 of the Revenue and Taxation Code.
(d)
(c) This section shall become operative on January 1, 2022, and shall apply applies to the generation and handling fees imposed pursuant to subdivision (a).
(a) for hazardous waste generated on or after January 1, 2021.
SEC. 24.
Section 25205.5.2 of the Health and Safety Code is amended to read:25205.5.2.
(a) Notwithstanding Section 25205.5, a generator of hazardous waste that is generated from a project that meets the criteria in subdivision (b) shall pay to the Department of Toxic Substances Control a generation and handling fee for each generator site that generates an amount equal to, or more than, five tons for each calendar year, or portion of the calendar year, of hazardous waste that meets the criteria in subdivision (c).(b) The fee imposed pursuant to this section shall apply only to projects that meet all of the following criteria:
(1) The project is certified by the Governor as an environmental leadership development project pursuant to Section 21183 of the Public Resources Code.
(2) The project will provide at least 2,000 new housing units and is legally obligated to produce a minimum amount of required affordable housing units, including via in-lieu fee.
(3) The generator of the hazardous waste acquired ownership of the property from which the hazardous waste was generated prior to before July 1, 2022, and commenced the cleanup activity of hazardous waste that is non-RCRA hazardous waste, as described in paragraph (1) of subdivision (c), before July 1, 2022.
(c) The fee imposed pursuant to this section shall apply only to hazardous waste that meets all of the following criteria:
(1) The hazardous waste was generated in calendar years 2021, 2022, or 2023.
(2) The hazardous waste is non-RCRA hazardous waste, excluding asbestos.
(3) The hazardous waste was generated in a remedial action, a removal action, or corrective action taken pursuant to, or generated in a soil disturbance conducted in compliance with a risk management plan approved pursuant to, this chapter, Chapter 6.65 (commencing with Section 25260), Chapter 6.7 (commencing with Section 25280), Chapter 6.75 (commencing with Section 25299.10), former Chapter 6.8 (commencing with Section 25300), or Division 45 (commencing with Section 78000), or generated in any other required or voluntary cleanup, removal, or remediation.
(d) All of the following shall apply to the fee imposed pursuant to this section:
(1) The fee shall be in an amount of five dollars and seventy-two cents ($5.72) for each ton
ton, including the first five tons, or fraction of a ton rounded up to the next nearest ton of hazardous waste.
(2) The fee shall be collected and administered by the Department of Toxic Substances Control and is due and payable in one installment, on or before February 28 of each fiscal year.
(3) For purposes of calculating the amount of the fee imposed pursuant to paragraph (1), all exemptions and exclusions applicable to the fee imposed pursuant to Section 25205.5 shall apply.
(e) (1) The generator of hazardous waste shall file an annual return in the form prescribed by the California Department of Tax and Fee Administration, and pay the proper
amount of fee due. Returns shall be authenticated in a form or pursuant to methods as may be prescribed by the California Department of Tax and Fee Administration.
(2) The generator of hazardous waste shall amend the annual return filed in fiscal years 2021–22 and 2022–23 to reflect the appropriate fee rates imposed pursuant to Section 25205.5 and this section for hazardous waste generated in calendar year 2021.
(3) The generator of hazardous waste shall file an annual return for fiscal years 2023–24 and 2024–25 to reflect the appropriate fee rates imposed pursuant to Section 25205.5 and this section for hazardous waste generated in calendar years 2022 and 2023.
(f) A generator of hazardous waste that is generated from a project that meets the criteria in subdivision (b) shall report to the directors of the
Department of Toxic Substances Control and the California Department of Tax and Fee Administration by January 1 of the fiscal year in which the fee is assessed all of the following information:
(1) All identification numbers issued by the Department of Toxic Substances Control or by the United States Environmental Protection Agency that are associated with the project that meets the criteria in subdivision (b). If multiple identification numbers are used by a single company, all of the company’s identification numbers shall be included.
(2) All account numbers issued by the California Department of Tax and Fee Administration.
(3) For each identification number issued by the Department of Toxic Substances Control or by the United States Environmental Protection Agency, the total tonnage of hazardous waste generated
from the project that meets the criteria in subdivision (b), itemized as follows:
(A) The type and total tonnage of hazardous waste generated, identified by federal or state waste codes and the organic or inorganic chemical constituent or constituents causing the waste to be hazardous.
(B) Any exemptions or exclusions the generator claims is applicable to the hazardous waste generated and the total tonnage to which each of those exemptions applies.
(g) Hazardous waste generated from a project meeting all of the criteria in subdivision (b) that does not meet all of the criteria in subdivision (c) shall be subject to the fee imposed pursuant to Section 25205.5 and shall be paid in accordance with Part 22 (commencing with Section 43001) of Division 2 of the Revenue and Taxation Code.
(h) This section shall remain in effect only until January 1, 2026, and as of that date is repealed. 2026.
SEC. 25.
Section 25205.5.3 is added to the Health and Safety Code, to read:25205.5.3.
(a) (1) The department shall adopt regulations to establish a process for evaluating exemptions from the fee imposed pursuant to 25205.5 claimed by a generator. The department shall adopt these regulations in consultation with the California Department of Tax and Fee Administration and after conducting one or more public workshops for which the department provides public notice and provides an opportunity for all interested parties to comment.(2) The regulations adopted pursuant to this section shall establish both of the following:
(A) The criteria and process for evaluating exemption claims.
(B) The information a claimant is required to submit to the department.
(b) A regulation adopted pursuant to this section may be adopted as an emergency regulation pursuant to Section 25205.5.4.
SEC. 26.
Section 25205.5.4 is added to the Health and Safety Code, to read:25205.5.4.
(a) The department may adopt, amend, or repeal, in accordance with the Administrative Procedure Act (Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code), regulations as may be necessary to implement the fees imposed pursuant to this article.(b) Regulations adopted by the department pursuant to this section shall be developed in consultation with the Board of Environmental Safety. The department shall conduct one or more public workshops before adopting the proposed regulations.
(c) Regulations adopted by the department pursuant to this section and Section 25205.5.3 may be adopted as emergency regulations in accordance with
the Administrative Procedure Act (Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code), and for purposes of that act, including Section 11349.6 of the Government Code, the adoption of the regulations is an emergency and shall be considered by the Office of Administrative Law as necessary for the immediate preservation of the public peace, health, and safety, and general welfare. Notwithstanding the Administrative Procedure Act (Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code), emergency regulations adopted by the department pursuant to this section shall be filed with, but not be repealed by, the Office of Administrative Law, and shall remain in effect until repealed by the department.
SEC. 27.
Section 25205.25 is added to the Health and Safety Code, to read:25205.25.
(a) The Legislature hereby finds and declares that changes made to the imposition and administration of the disposal fee, generator fee, and transportable treatment unit fee set forth in Sections 28, 53, 54, and 64 of Chapter 73 of the Statutes of 2021 were not intended to repeal the authority for the Department of Toxic Substances Control and the California Department of Tax and Fee Administration to continue to administer and collect those fees.(b) The disposal fee that was imposed pursuant to Section 25174.1, as that section read on December 31, 2022, for hazardous waste disposed of on or before June 30, 2022, that was due and payable on or before June 30, 2022, shall continue to be administered and collected.
(c) The generator fee that was imposed pursuant to Section 25205.5, as that section read on December 31, 2021, for hazardous waste generated on or before December 31, 2021, that was due and payable on or before February 28, 2022, shall continue to be administered and collected.
(d) The transportable treatment unit fee imposed pursuant to Section 25205.14, as that section read on December 31, 2022, for each facility or transportable treatment unit authorized on or before June 30, 2022, and that was due and payable on or before December 31, 2022, shall continue to be administered and collected.
(e) The exemptions and exclusions authorized pursuant to Section 25174.7, as that section on December 31, 2022, and Section 25205.5, as that section read on December 31, 2021, shall only apply to the fees described in subdivisions
(b) and (c).
(f) It is the intent of the Legislature to authorize the California Department of Tax and Fee Administration to administer and collect the fees specified in this section in accordance with Part 22 (commencing with Section 43001) of Division 2 of the Revenue and Taxation Code.
SEC. 28.
Section 25207.4 of the Health and Safety Code is amended to read:25207.4.
If a county implements a collection program that includes collection sites for the dropoff of banned, unregistered, or outdated agricultural wastes by eligible participants, the county shall, upon selection of the sites, complete and submit to the department, for review and approval,(a) An application for Hazardous Waste Identification Numbers for each collection site.
(b) A completed application for an
extremely hazardous waste disposal permit, which shall identify the collection site.
(c)
(b) A notification to operate each collection site under a permit-by-rule.
SEC. 29.
Section 25299.81 of the Health and Safety Code is amended to read:25299.81.
(a) Except as provided in subdivisions (b) and (c), this chapter shall remain in effect only until January 1,(b) Notwithstanding subdivision (a), this section, Article 1 (commencing with Section 25299.10), Article 2 (commencing with Section 25299.11), and Article 4 (commencing with Section 25299.36) shall not be repealed and shall remain in effect on January 1, 2036.
(c) The repeal
inoperability of certain portions of this chapter pursuant to subdivision (a) does not terminate any of the following rights, obligations, or authorities, or any provision necessary to carry out these rights and obligations:
(1) The filing and payment of claims against the fund, including the costs specified in subdivisions (c), (e), and (h) of Section 25299.51, claims filed under Section 25299.50.3, and claims for commingled plumes, as specified in Article 11 (commencing with Section 25299.90), until the moneys in the fund are exhausted. Upon exhaustion of the fund, any remaining claims shall be invalid.
(2) The repayment of loans, outstanding as of January 1, 2036, due and payable to the board.
(3) The recovery of moneys reimbursed to a claimant to which the claimant is not entitled, or the resolution of any cost recovery action.
(4) The collection of unpaid fees
fees, the issuance of refunds and allowance of credits, the disposition of the moneys collected, and the commencement of any action or proceeding regarding fees by the California Department of Tax and Fee Administration pursuant to Part 26 (commencing with Section 50101) of Division 2 of the Revenue and Taxation Code that are imposed or authorized pursuant to Article 5 (commencing with Section 25299.40), as that article read on December 31, 2035, or have become due before January 1, 2036, including any interest or penalties that accrue before, on, or after January 1, 2036, associated with those unpaid fees,
fees or actions, for deposit into the fund.
(5) The payment for the administrative costs of the California Department of Tax and Fee Administration pursuant to subdivision (b) of Section 25299.51 and refunds pursuant to subdivision (g) of Section 25299.51.
(5)
(6) (A) The filing of an application for funds from, and the making of payments from, the Underground Storage Tank Petroleum Contamination Orphan Site Cleanup Fund pursuant to Section
25299.50.2, any action for the recovery of moneys paid pursuant to Section 25299.50.2 to which the recipient is not entitled, and the resolution of that cost recovery action.
(B) Upon liquidation of funds in the Underground Storage Tank Petroleum Contamination Orphan Site Cleanup Fund, the obligation to make a payment from the Underground Storage Tank Petroleum Contamination Orphan Site Cleanup Fund is terminated.
(6)
(7) (A) The payment of loans and grants, consistent with the terms of agreements that were effective prior to January 1, 2036, from the fund pursuant to this chapter or the
Petroleum Underground Storage Tank Financing Account pursuant to Chapter 6.76 (commencing with Section 25299.100). Upon exhaustion of the fund, any remaining claims for payment of grants or loans shall be invalid.
(B) The amount of money disbursed for grants and loans pursuant to Chapter 6.76 (commencing with Section 25299.100) shall not exceed the sum of the following:
(i) The amount that reverts to the fund pursuant to Section 25299.111.
(ii) Amounts recovered through the repayment of loans granted pursuant to Chapter 6.76 (commencing with Section 25299.100).
(iii) The resolution of any cost recovery action filed prior to January 1, 2036, or the initiation of an action or other collection process to recover defaulted loan moneys due to the board or to
recover money paid to a grant or loan recipient pursuant to Chapter 6.76 (commencing with Section 25299.100) to which the recipient is not entitled.
(7)
(8) (A) The imposition and collection of civil liability pursuant to Article 7 (commencing with Section 25299.70), as that article read on December 31, 2035.
(B) Subparagraph (A) shall not be construed as extending or modifying any applicable statute of limitations.
(d) The board shall continuously post and update on its internet website, but at a minimum, annually on or
before September 30, information that describes the status of the fund and shall make recommendations, when appropriate, to improve the efficiency of the program.
SEC. 30.
Section 39716 of the Health and Safety Code is amended to read:39716.
(a) The Department of Finance, on behalf of the Governor, and in consultation with the state board and any other relevant state entity, shall develop and submit to the Legislature at the time of the department’s adjustments to the proposed 2013–14 fiscal year budget pursuant to subdivision (e) of Section 13308 of the Government Code a three-year investment plan. Commencing with the 2016–17 fiscal year budget and every three years thereafter, with the release of the Governor’s budget proposal, except for the 2025–26 fiscal year budget, the Department of Finance shall include updates to the investment plan following the public process described in subdivisions (b) and (c). The investment plan, consistent with the requirements of Section 39712, shall do all of the following:(1) Identify the state’s near-term and long-term greenhouse gas emissions reduction goals and targets by sector.
(2) Analyze gaps, where applicable, in current state strategies to meeting the state’s greenhouse gas emissions reduction goals and targets by sector.
(3) (A) Identify priority programmatic investments of moneys that will facilitate the achievement of feasible and cost-effective greenhouse gas emissions reductions toward achievement of greenhouse gas reduction goals and targets by sector, consistent with subdivision (c) of Section 39712.
(B) In identifying priority programmatic investments, the investment plan shall do both of the following:
(i) Assess how proposed investments interact with current state regulations, policies, and programs.
(ii) Evaluate if and how those proposed investments could be incorporated into existing programs.
(4) Recommend metrics that would measure progress and benefits from the proposed programmatic investments.
(b) (1) The state board shall hold at least two public workshops in different regions of the state and one public hearing prior to the Department of Finance submitting the investment plan.
(2) The state board shall, prior to the submission of each investment plan, consult with the Public Utilities Commission to ensure the investment plan is coordinated with, and does not
conflict with or unduly overlap with, activities under the oversight or administration of the Public Utilities Commission undertaken pursuant to Part 5 (commencing with Section 38570) of Division 25.5 or other activities under the oversight or administration of the Public Utilities Commission that facilitate greenhouse gas emissions reductions consistent with this division. The investment plan shall include a description of the use of any moneys generated by the sale of allowances received at no cost by the investor-owned utilities pursuant to a market-based compliance mechanism.
(c) The Climate Action Team, established under Executive Order S-3-05, shall provide information to the Department of Finance and the state board to assist in the development of each investment plan. The Climate Action Team shall participate in each public workshop held on an investment plan and provide testimony to the state board on each investment plan. For purposes
of this section, the Secretary of Labor and Workforce Development shall assist the Climate Action Team in its efforts.
SEC. 31.
Section 44127 of the Health and Safety Code is amended to read:44127.
(a) Upon appropriation by the Legislature, the state board may allocate moneys for the expansion of the replacement component or mobility option component of the program or Clean Cars 4 All from any of the following:(1) The Enhanced Fleet Modernization Subaccount, created pursuant to Section 44126.
(2) The High Polluter Repair or Removal Account, created pursuant to Section 44091.
(3) The Vehicle Inspection and Repair Fund, created pursuant to Section 9886 of the Business and Professions Code.
(b) Upon appropriation by the Legislature, the state board may allocate
moneys consistent with law for Clean Cars 4 All from the Greenhouse Gas Reduction Fund, created pursuant to Section 16428.8 of the Government Code.
(c) Of the funds made available in Items 3900-101-0001 and 3900-101-3228 of the Budget Act of 2023 (Sections 110 and 111 of Chapter 38 of the Statutes of 2023) to the state board and that the state board allocated to Clean Cars 4 All, the state board shall maintain funding for each district participating in Clean Cars 4 All, such that if a district has insufficient funds to meet processed demand, the state board shall reallocate moneys to that district to ensure operation is minimally impacted for district Clean Cars 4 All programs.
(c)
(d) (1) In allocating funding under Clean Cars 4 All to districts participating in the program,
and to the statewide program, the state board shall consider, at a minimum, all of the following metrics:
(A) Number of vouchers deployed.
(B) Proportion of applications that have been started and resulted in completed replacement transactions or mobility vouchers.
(C) Demand for vouchers.
(D) Proportional investment to underserved populations identified pursuant to paragraph (4) of subdivision (c) of Section 44125.5.
(E) Population in eligible Clean Cars 4 All Zip Codes.
(2) Beginning January 1, 2023, and every year thereafter, the state board shall publish, as part of its funding
plan, a report identifying how each criterion was used to allocate funding to districts.
districts and to the statewide program.
(d)
(e) (1) Up to 10 percent of the moneys allocated by the state board for Clean Cars 4 All may be used for outreach programs in accordance with both of the following requirements:
(A) Before a district allocates more than 5 percent of the moneys received from the state board for Clean Cars 4 All in a fiscal year for outreach, the district shall submit a description to the state board of the outreach efforts that will be funded with any money above 5 percent of the moneys allocated by the state board and a
justification of how the additional funding for outreach will support deployment of Clean Cars 4 All to households in census tracts shown to be the most impacted in each region, households making less than 225 percent of the federal poverty level, households that are primarily non-English speaking, and other underserved populations identified pursuant to paragraph (4) of subdivision (c) of Section 44125.5.
(B) A district that allocates more than 5 percent of the moneys received from the state board for Clean Cars 4 All in a fiscal year for outreach shall submit a report to the state board on the outcome of this expenditure, including a description of outreach efforts that were funded or augmented with any money above 5 percent of the moneys allocated by the state board for Clean Cars 4 All and how that funding supported deployment of Clean Cars 4 All to households in census tracts shown to be the most impacted in each region, households making
less than 225 percent of the federal poverty level, households that are primarily non-English speaking, and other underserved populations identified pursuant to paragraph (4) of subdivision (c) of Section 44125.5.
(2) Documents and information submitted by a district to the state board pursuant to this subdivision shall be for informational purposes only.
(f) (1) Notwithstanding Section 10231.5 of the Government Code, the state board shall report annually to the budget committees of both houses of the Legislature the amount of funding allocated by the state board to the statewide Clean Cars 4 All program and to each district Clean Cars 4 All program and detailed performance metrics consistent with the requirements of subdivision (d) for the statewide and district Clean Cars 4
All programs, including the number and dollar amount of grants awarded by each district program and by the statewide program and regionally specific information for grant awards made by the administrator under the statewide program.
(2) Notwithstanding Section 9795 of the Government Code, a report prepared pursuant to paragraph (1) shall be submitted as an electronic copy to the committees described in paragraph (1) and posted on the state board’s internet website.
SEC. 32.
Chapter 4.8 (commencing with Section 116774) is added to Part 12 of Division 104 of the Health and Safety Code, to read:CHAPTER 4.8. Emerging Contaminants for Small or Disadvantaged Communities Funding Program
116774.
For purposes of this chapter, the following definitions apply:(a) “Board” means the State Water Resources Control Board.
(b) “Community water system” means a public water system that serves at least 15 service connections used by year-long residents or regularly serves at least 25 year-long residents of the area served by the system.
(c) “Disadvantaged community” means a community with an annual median household income that is less than 80 percent of the statewide annual median household income, including a community water system solely serving a school.
(d) “Emerging
contaminant” means a contaminant contained on any Contaminant Candidate List published by the United States Environmental Protection Agency under the federal Safe Drinking Water Act (42 U.S.C. Sec. 300g-1(b)(1)).
(e) “Federal grant terms” means the terms and conditions of the federal funding award received by the state pursuant to the federal Emerging Contaminants in Small or Disadvantaged Communities grant program authorized by Section 300j-27(a)(2)(G) of the federal act.
(f) “Federal Safe Drinking Water Act” or “federal act” means the Safe Drinking Water Act (42 U.S.C. Secs. 300f to 300j-27, inclusive) and acts amendatory thereof or supplemental thereto.
(g) “Municipality” has the same meaning and construction as in the relevant federal act and also includes all state, interstate, and intermunicipal agencies.
(h) “Noncommunity water system” means a public water system that is not a community water system.
(i) “Nonprofit” means an organization qualified to do business in California and qualified under Section 501(c)(3) of Title 26 of the United States Code.
(j) “Publicly owned” means owned by a municipality.
(k) “Public water system” means privately and publicly owned community water systems and nonprofit noncommunity water systems, including systems utilizing point of entry or residential central treatment.
(l) “Small community” means a community with a population of less than 10,000 individuals that the board determines does not have the capacity to incur debt sufficient to finance a project or
activity otherwise eligible under this chapter.
116774.1.
(a) Upon the appropriation of funds by the Legislature for this purpose, in accordance with this chapter, the board may provide grants and direct expenditures to address emerging contaminants in small or disadvantaged communities, as described in this chapter, consistent with the federal grant terms.(b) The board may provide grant funding under this chapter to public water systems that serve small or disadvantaged communities, or both.
(c) The primary purpose of a project or activity funded under this chapter shall be to address one or more emerging contaminants in drinking water or source water.
(d) Moneys
appropriated for purposes of this chapter may be used for activities consistent with the federal grant terms, including the following activities:
(1) Activities relating to source water, including, but not limited to, research and investigation to identify the presence, source, or extent of emerging contaminants in a water system, source exploration, and new source development.
(2) Planning and design.
(3) Providing households access to drinking water services.
(4) Public communication, engagement, and education.
(5) Research and testing.
(6) Scoping and identification.
(7) Storage.
(8) Technical assistance.
(9) Testing or sampling for baseline assessment.
(10) Treatment.
(11) Water system restructuring, consolidation, or creation.
(e) The board may implement this chapter through a policy handbook or workplan. The policy handbook or workplan is not subject to the requirements of Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code.
SEC. 33.
Section 7 of the Penal Code is amended to read:7.
(a) Words used in this code in the present tense include the future as well as the(1) “Person” includes a corporation as well as a natural person; the word “county” person.
(2) “County”
includes “city and county”; writing
city and county.
(3) “Writing” includes printing and typewriting; oath typewriting.
(4) “Oath”
includes affirmation or declaration; declaration, and every mode of oral statement, under oath or affirmation, is embraced by the term “testify,” and every written one in the term “depose”; signature “depose.”
(5) “Signature”
or subscription “subscription” includes mark, when the person cannot write, his or her their name being written near it, by a person who writes his or her their own name as a witness; provided,
witness, if, that when a signature is made by mark it must, shall, in order that the same may be acknowledged or serve as the signature to any sworn statement, be witnessed by two persons who must shall subscribe their own names as witnesses thereto.
(b) The following words have in this code the signification attached to them in this section, unless otherwise apparent from the context:
(1) The word “willfully,” “Willfully,” when applied to the intent with which an act is done or omitted, implies simply a purpose or willingness to commit the act, or make the omission referred to. It does not require any intent to violate law, or to injure another, or to acquire any advantage.
(2) The words “neglect,” “Neglect,” “negligence,” “negligent,” and “negligently” import a want of such
the attention to the nature or probable consequences of the act or omission as that a prudent man person ordinarily bestows in acting in his their own concerns.
(3) The word “corruptly” “Corruptly”
imports a wrongful design to acquire or cause some pecuniary or other advantage to the person guilty of the act or omission referred to, or to some other person.
(4) The words “malice” “Malice” and “maliciously” import a wish to vex, annoy, or injure another person, or an intent to do a wrongful act, established either by proof or presumption of law.
(5) The word “knowingly” “Knowingly” imports only a knowledge that the facts exist which bring the act or omission within the
provisions of this code. It does not require any knowledge of the unlawfulness of such
that act or omission.
(6) The word “bribe” “Bribe” signifies anything of value or advantage, present or prospective, or any promise or undertaking to give any, asked, given, or accepted, with a corrupt intent to influence, unlawfully, the person to whom it is given, in his or her their action, vote, or opinion, in any public or official capacity.
(7) The word “vessel,” “Vessel,”
when used with reference to shipping, includes ships of all kinds, steamboats, canalboats, barges, and every structure adapted to be navigated from place to place for the transportation of merchandise or persons, except that, as used in Sections 192.5 and 193.5, the word “vessel” means a vessel as defined in subdivision (c) of Section 651 of the Harbors and Navigation Code.
(8) The words “peace officer” signify “Peace officer” signifies any one of the officers mentioned in Chapter 4.5 (commencing with Section 830) of Title 3 of Part 2.
(9) The word “magistrate” “Magistrate”
signifies any one of the officers mentioned in Section 808.
(10) The word “property” “Property” includes both real and personal property.
(11) The words “real property” are “Real property” is coextensive with lands, tenements, and hereditaments.
(12) The words “personal property” include “Personal
property” includes money, goods, chattels, things in action, and evidences of debt.
(13) The word “month” “Month” means a calendar month, unless otherwise expressed; the word “daytime” means the period between sunrise and sunset, and the word “nighttime” means the period between sunset and sunrise.
(14) The word “will” “Will” includes codicil.
(15) The word “writ” “Writ”
signifies an order or precept in writing, issued in the name of the people, or of a court or judicial officer, and the word “process” a writ or summons issued in the course of judicial proceedings.
(16)
(16) When the seal of a court or public officer is required by law to be affixed to any paper, the word “seal” includes an impression of the seal upon the paper alone, or upon any substance attached to the paper capable of receiving a visible impression. The seal of a private person may be made in like manner, or by the scroll of a pen, or by writing the word “seal” against their name.
(17) “State,” when applied to the different parts of the United States, includes the District of Columbia and the territories, and “United States” may include the district and territories.
(18) “Section,” whenever hereinafter employed, refers to a section of this code, unless some other code or statute is expressly mentioned.
(19) To “book” signifies the recordation of an arrest in official police records, and the taking by the police of fingerprints and photographs of the person arrested, or any of these acts following an arrest.
(20) “Spouse” includes “registered domestic partner,” as required by Section 297.5 of the Family Code.
(16)
(c) Words and phrases must
shall be construed according to the context and the approved usage of the language;
language, but technical words and phrases, and such
any others as may have acquired a peculiar and appropriate meaning in law, must shall be construed according to such that peculiar and appropriate meaning.
(17)
(d) Words giving a joint authority to three or more public officers or other persons, are
construed as giving such
that authority to a majority of them, unless it is otherwise expressed in the act giving the authority.
(18)When the seal of a court or public officer is required by law to be affixed to any paper, the word “seal” includes an impression of such seal upon the paper alone, or upon any substance attached to the paper capable of receiving a visible impression. The seal of a private person may be made in like manner, or by the scroll of a pen, or by writing the word “seal” against his or her name.
(19)The word “state,” when applied to the different parts of the United States, includes the District of Columbia and the territories, and the words “United States” may include the district and territories.
(20)The word “section,” whenever hereinafter employed, refers to a section of this code, unless some other code or statute is expressly mentioned.
(21)To “book” signifies the recordation of an arrest in official police records, and the taking by the police of fingerprints and photographs of the person arrested, or any of these acts following an arrest.
(22)The word “spouse” includes “registered domestic partner,” as required by Section 297.5 of the Family Code.
SEC. 34.
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:(1) Three million dollars ($3,000,000), commencing on July 1, 2018, for the 2018–19 fiscal year, and continuing for three fiscal years thereafter.
(2) Commencing with the 2022–23 fiscal year, and each fiscal year thereafter, five million dollars ($5,000,000). On a one-time basis, the division may also expend each of the following amounts:
(A) For the 2024–25 fiscal year, seven million five hundred thousand dollars ($7,500,000), as a match to the dedicated General
Fund appropriation for the 2022–23 fiscal year for the purposes of plugging and abandoning wells, decommissioning facilities, and site remediation pursuant to this article.
(B) For the 2025–26 2026–27 fiscal year, seven million five hundred thousand dollars ($7,500,000), only if there is a dedicated General Fund appropriation from a fund other than the Oil, Gas, and Geothermal Administrative Fund for the 2023–24
2026–27 fiscal year for the purposes of plugging and abandoning wells, decommissioning facilities, and site remediation pursuant to this article.
(b) (1) The expenditure limits of subdivision (a) also apply to expenditures by the division from the Oil, Gas, and Geothermal Administrative Fund pursuant to Section 3226, unless the division obtains a lien against real or personal property of the operator. If the division obtains a lien against real or personal property of greater value than the amount of the expenditure, then the amount of the expenditure shall not count against the expenditure limit of subdivision (a). If the division obtains a lien against real or personal property of lesser value than the amount of the expenditure, then only the difference between the amount of the expenditure and the value of the property counts against the expenditure limit of subdivision (a).
Any moneys recovered by the division pursuant to Section 3226 shall be deposited in the Oil and Gas Environmental Remediation Account, unless the moneys are recovered against expenditures that have been or will be made from the Hazardous and Idle-Deserted Well Abatement Fund.
(2) (A) Commencing with the 2023–24 fiscal year, in any fiscal year that the division makes expenditures that are less than the amount appropriated in the annual state Budget Act or any other law related to the expenditures described in subdivision (a), the Controller shall transfer from the Oil, Gas, and Geothermal Administrative Fund to the Oil and Gas Environmental Remediation Account, established pursuant to Section 3261, an amount equal to the difference between what was appropriated and what was encumbered pursuant to this article by the division for that fiscal year, unless there is more than two hundred million dollars ($200,000,000) in the
account.
(B) Upon the order of the Department of Finance, the Controller shall transfer the unencumbered amount from the Oil, Gas, and Geothermal Administrative Fund to the Oil and Gas Environmental Remediation Account.
(c) Moneys expended pursuant to this article shall be used exclusively for plugging and abandoning hazardous or idle-deserted wells, decommissioning hazardous or deserted facilities, or otherwise remediating well sites of hazardous or idle-deserted wells.
(d) The division shall develop criteria for determining the priority of plugging and abandoning hazardous or idle-deserted wells and decommissioning hazardous or deserted facilities to be remediated pursuant to this article and performing work pursuant to Section 3226. The criteria shall consider the information required to be reported pursuant to
subdivision (e). The Administrative Procedure Act (Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code) does not apply to the development of criteria by the division pursuant to this subdivision.
(e) (1) (A) On April 1, 2021, the department shall report to the Legislature on the number of hazardous wells, idle-deserted wells, deserted facilities, and hazardous facilities remaining, the estimated costs of abandoning and decommissioning those wells and facilities, and a timeline for future abandonment and decommissioning of those wells and facilities with a specific schedule of goals. By April 1, 2022, the department shall report to the Legislature the location of the applicable wells and facilities, including the county in which they are located, if the information is not otherwise included in the April 1, 2021, report described in this paragraph.
(B) As part of the report required in subparagraph (A), the department shall provide recommendations to the Legislature for improving and optimizing the involvement of local agencies in the process of plugging and abandoning wells and decommissioning facilities. In drafting these recommendations, the department shall consider factors unique to each of the division’s districts, and shall consult with local agencies in developing recommendations.
(C) In collecting the information for the report required in subparagraph (A), the division shall conduct field inspections of hazardous wells, idle-deserted wells, deserted facilities, and hazardous facilities and include information in the report from the field inspections that can be used to prioritize those wells and facilities in the specific schedule of goals.
(2) On
October 1, 2023, and annually thereafter, the department shall provide to the Legislature an update on the report required in paragraph (1) that describes the total costs, average costs per well and facility, the number of wells plugged and abandoned, the number of facilities decommissioned, the total number of projects completed, and any additional wells and facilities identified by the department requiring abandonment or decommissioning. The update shall include the location, including the county, of applicable wells, facilities, and projects identified in the report.
(3) The report and update to the report required to be submitted under this subdivision shall be submitted in compliance with Section 9795 of the Government Code.
SEC. 35.
Section 4137 of the Public Resources Code is amended to read:4137.
(a) For purposes of this section,(1) “Activities” means the specific actions performed to support a treatment, including, but not limited to, mechanical fuel reduction, hand fuel reduction, prescribed fire, or any other appropriate activities.
(2) “Fire
prevention activities” efforts” include, but are not limited to, all of the following:
(1)
(A) Fire prevention education.
(2)
(B) Hazardous fuel reduction and vegetation management, including fuel breaks, forest thinning, prescribed fire, reforestation, fuel treatments in the wildland-urban interface, dead fuel removal, roadside fuel reduction activities, and all other
activities that reasonably could be considered vegetation management. management treatments and activities.
(3)
(C) Fire investigation.
(4)
(D) Civil cost recovery.
(5)
(E) Forest and fire law enforcement.
(6)
(F) Fire prevention engineering.
(7)
(G) Prefire planning.
(8)
(H) Risk analysis.
(9)
(I) Volunteer programs and partnerships.
(3) “Participating in wildfire resilience activities” means dedicating an average of at least 15 percent of working hours, but less than 75 percent of working hours, to wildfire resilience-related activities.
(4) “Primarily focused on
wildfire resilience activities” means dedicating an average of at least 75 percent of working hours to wildfire resilience-related activities.
(5) “Treatment” means actions conducted on the ground to meet a management objective, including, but not limited to, installation and maintenance of fuel breaks, fuels reduction, roadside fuels reduction, forest thinning, prescribed fire, reforestation, timber harvesting, fuel treatments in the wildland-urban interface, dead fuel removal, and all other treatments that reasonably could be considered fuels reduction or vegetation management.
(6) “Unique” means nonduplicated for the reporting year and, where multiple years are reported, across all of the years reported.
(7) “Wildfire resilience activities” include, but are not limited to, defensible space inspections and the
activities identified in subparagraphs (A) and (B) of paragraph (2).
(b) It is the intent of the Legislature that the year-round staffing and the extension of the
shift to a 66-hour workweek that has have been provided to the department pursuant to memorandums of understanding with the state will result in significant increases in the department’s current level of fire prevention and wildfire resilience activities. It is also the intent of the Legislature that the budgetary augmentations for year-round staffing not reduce the reimbursements that the department receives from contracts with local governments for the department to provide local fire protection and emergency services pursuant to Section 4144, commonly referred to as “Amador agreements.”
(c) On or before January 10
March 1 of each year, the department shall provide a report to the Legislature, including to the budget, fiscal, and appropriate policy committees of the Assembly and the Senate, Senate Committee on Budget and Fiscal Review, the Assembly Committee on Budget, the Senate Committee on Natural Resources and Water, the Assembly Committee on Natural Resources, and the Legislative Analyst’s Office, in accordance with Section 9795 of the Government Code, detailing the department’s fire prevention activities, efforts, including the increased activities described in subdivision (b). The report shall
display the fire prevention activities efforts of the previous fiscal year, as well as the information from previous reports
each of the prior two reporting years for purposes of a comparison of data. The report shall include include, but not be limited to, by department administrative unit and statewide total, all of the following:
(1) Fire prevention activities efforts performed by the department on lands designated as state responsibility areas, and by counties, where, pursuant to a contract with the department, a county has agreed to provide fire protection services in state responsibility areas within county boundaries on behalf of the department.
areas.
The fire prevention activities efforts included in the report pursuant to this paragraph shall include, but not be limited to, all of the following:
(A) The number of hours of fire prevention education performed. department personnel spent primarily focused on wildfire resilience activities, by activity, the number of hours department personnel spent participating in wildfire resilience activities, by activity, and the number of hours spent on emergency incident response, by type.
(B) The number of defensible space inspections conducted, including statewide totals and totals for each region.
department personnel by classification that are (i) primarily focused on wildfire resilience activities and (ii) participating in wildfire resilience activities.
(C) The number of citations issued for noncompliance with Section 4291.
(D)The number of acres treated by mechanical fuel reduction.
(E)The number of acres treated by prescribed burns.
(D) The number of unique parcels inspected by department personnel for
compliance with defensible space requirements.
(E) The number of unique parcels that are eligible to be inspected by department personnel for compliance with defensible space requirements.
(F) The total number of defensible space inspections conducted by department personnel.
(G) (i) The number of geographical acres treated by department personnel to improve wildfire resilience that are not defensible space inspections. No treated acre shall be counted more than one time per report period.
(ii) The number of geographical acres treated by department personnel, by treatment type, to improve wildfire resilience that are not
defensible space inspections.
(H) The total number of acres treated by department personnel, by activity, to improve wildfire resilience.
(F)
(I) The funding sources and estimated amounts for the fire prevention activities efforts described in this paragraph,
subdivision,
itemized by the activity categories described in subparagraphs (A) to (E), (H), inclusive.
(G)
(J) Any other data or qualitative information deemed necessary by the department in order to provide the Legislature with a clear and accurate accounting of fire prevention activities, efforts,
particularly with regard to variations from one year to the next. The department may include recommendations for updating the reporting requirements in this section to reflect changes in science and best practices related to the tracking and monitoring of fire prevention efforts.
(2)The fire prevention performance measures described in paragraph (1) shall be reported for each region annually, including activities performed from December 15 to April 15, inclusive.
(2) Fire prevention efforts performed by counties, pursuant to
Sections 4129 and 4132, that shall include, but not be limited to, all of the following:
(A) The number of hours of fire prevention education performed.
(B) The number of defensible space inspections conducted by county.
(C) The number of citations issued for noncompliance with Section 4291.
(D) The number of acres treated by mechanical fuel reduction.
(E) The number of acres treated by prescribed burns.
(F) Any other data or qualitative information deemed necessary by the department in order to provide the Legislature
with a clear and accurate accounting of fire prevention efforts, particularly with regard to variations from one year to the next.
(3) Projected fire prevention activities
efforts for the following fiscal year.
(4) Information on each of the “Amador contracts” described in subdivision (b), including an annual update on the number of those contracts and reimbursements received from the contracts that are in effect.
(d) Wildfire resilience activities that are not conducted by department personnel shall not be included in the data required to be reported in paragraph (1) of subdivision (c). Defensible space inspections shall not be included in the data reported in subparagraphs (G) and (H) of paragraph (1) of subdivision (c). The department shall define the scope of each treatment type that data is reported on in subparagraph (G) of paragraph (1) of subdivision (c) and each activity that data is reported on in subparagraph (H)
of paragraph (1) of subdivision (c).
(e) The report required by this section shall also include estimates of the portion of the amounts identified in subdivision (c) that result from the shift to a 66-hour workweek at the department, as well as a description of the methodology used to prepare these estimates.
(f) The data reported pursuant to subparagraphs (C) to (H), inclusive, of paragraph (1) of subdivision (c), and subparagraphs (B) to (E), inclusive, of paragraph (2) of subdivision (c), shall be displayed geographically and shall be available on the Wildfire and Forest Resilience Task Force’s internet website.
(g) Information contained in the report required by this section may be incorporated by reference, as applicable, to comply with annual legislative reporting required pursuant to Section 4771 of this code
and Section 12805.9 of the Government Code.
(d)
(h) The department shall post on its internet website on or before December 31, 2023, and annually thereafter, all of the following information regarding hazardous fuel reduction and vegetation management projects funded or conducted by the department, including, but not limited to, projects funded under the department’s Forest Health Program, California Forest Improvement Program, and Wildfire Prevention Grants Program, as well as funding for CAL FIRE unit wildfire prevention projects and prescribed fire and fuel
hand crews, for the preceding fiscal year, beginning with funding included in the 2022–23 fiscal year:
(1) What permitting mechanism was used for each project.
(2) How the collaboration with the Department of Fish and Wildlife and the State Water Resources Control Board, as required by Section 4123, was achieved for both agencies, including whether the agency reviewed the project grant proposal or project description or permit.
(3) A description of any maintenance plan or other mechanism, if available, that is in place to support maintenance of vegetation improvements over time.
(4) A description of any mitigation required for each project, and whether the mitigation has been completed.
(e)
(i) On or before December 31, 2022, the department shall develop a standardized protocol for monitoring implementation and evaluating the positive and negative ecological and fire behavior impacts from vegetation management projects undertaken by the state, consistent with the requirements of Chapter 387 of the Statutes of 2021.
(f)
(j) The department shall provide links to all documents relevant to subdivisions (d)
(h) and (e)
(i) on its internet website.
(g)
(k) The reporting and monitoring requirements in subdivisions (d) (h) and (e) (i) shall be expanded to other state agencies that undertake or fund hazardous fuel reduction and vegetation management projects by December 31,
2024, including, but not limited to, projects funded or conducted by state conservancies, the Department of Fish and Wildlife, or the Department of Parks and Recreation.
SEC. 36.
Section 4771 of the Public Resources Code is amended to read:4771.
(a) On January 1, 2022, the task force, including, but not limited to, the Natural Resources Agency, the California Environmental Protection Agency, the Office of Planning and Research, and the department, in coordination with the relevant lead federal, state, local, and tribal agencies, shall develop a comprehensive implementation strategy to track and ensure the achievement of the goals and key actions identified in the state’s “Wildfire and Forest Resilience Action Plan” issued by the task force in January 2021.(b) The implementation strategy required by subdivision (a) shall include, but not be limited to, the identification of lead agencies and a description of the activities completed and still necessary to achieve the goals and key actions identified in
the state’s “Wildfire and Forest Resilience Action Plan.” Implementation that is appropriate to the state’s different regions shall be included in the strategy.
(c) The implementation strategy required by subdivision (a) shall, in addition to the contents identified in subdivision (b), address all of the following actions:
(1) Increasing the pace and scale of wildfire and forest resilience activities. This includes all of the following:
(A) A joint strategy to annually treat 500,000 acres of federal land and 500,000 acres of nonfederal land by 2025. The type of the treatments shall be monitored, tracked, and reported pursuant to subdivision (e).
(B) A comprehensive strategy, developed in partnership with state agencies that own state land, to expand
forest management and improve the health and resilience of forested state lands.
(C) A comprehensive program to coordinate and align state and federal assistance programs for small private landowners, including grant programs, stewardship education workshops, and postfire rapid response teams.
(D) A strategic action plan to expand the use of prescribed fire.
(E) Expansion of the Department of Conservation’s Regional Fire and Forest Capacity Program through the development of a statewide network of regional forest and community fire resilience plans.
(F) A comprehensive statewide reforestation strategy.
(G) A permit synchronization plan to align permitting under the Z’berg-Nejedly Forest
Practice Act of 1973 (Chapter 8 (commencing with Section 4511)) and forest practice rules and regulations adopted by the board with relevant permitting and regulatory requirements of the State Water Resources Control Board, the applicable regional water quality control boards, and the Department of Fish and Wildlife. The permit synchronization plan shall ensure, to the extent feasible, that the board, the department, the State Water Resources Control Board, the applicable regional water quality control boards, and the Department of Fish and Wildlife align their permitting requirements in order to reduce regulatory barriers for fire prevention and forest resilience activities.
(H) A science-based review and recommendations to guide and inform state investments and regional strategies on actions needed to improve the health and fire resilience of chaparral, shrublands, and surrounding communities.
(2) Strengthening the protection of communities and reducing their fire risk, including all of the following:
(A) A statewide framework, including performance measures, to support local and regional community fire risk reduction and adaptation programs and projects.
(B) Development and maintenance of a network of more than 500 fuel break projects across the state.
(C) Expansion and modernization of existing defensible space and home hardening programs, particularly targeting high fire threat communities, including, but not limited to, inclusion of the ember-resistant zone and assistance programs for defensible space and home hardening, with priority given to the most vulnerable communities in the state.
(D) Strengthening of investor-owned utility wildfire mitigation plans.
(E) A framework for collaborative fuels reduction projects to protect roadway travelers and communities along highways, and to reduce roadside ignitions along primary and secondary emergency evacuation routes.
(F) A Smoke Ready California campaign to provide coordinated messaging and content to help Californians plan for and protect themselves from wildfire smoke impacts.
(3) Creating a sustainable wood products market in California, including both of the following:
(A) A comprehensive framework and market strategy to align the state’s wood use policies and priorities, and to create economic opportunities for the use of forest materials that store carbon, reduce
emissions, and contribute to sustainable local economies.
(B) A catalyst fund to provide low-cost financing for businesses that use forest biomass and encourage private sector innovation.
(4) Sustaining and expanding outdoor recreation on forestland, including both of the following:
(A) Updating the Department of Parks and Recreation’s Statewide Comprehensive Outdoor Recreation Plan (SCORP).
(B) Creating a joint strategy with the United States Forest Service to expand sustainable recreation across the state’s forested regions, emphasizing equitable access to underserved communities and rural recreation-dependent communities.
(5) Protecting and expanding urban canopy and forestry, including
a comprehensive program, with regional targets, to significantly increase California’s urban tree canopy, targeting disadvantaged and low-income communities and low-canopy areas.
(6) Driving innovation and measuring progress in achieving these goals, including both of the following:
(A) An applied research plan.
(B) A forest data hub to serve as a multiple institutional clearinghouse for supporting, integrating, evaluating, and synthesizing reporting and monitoring efforts.
(d) In developing the implementation strategy required by subdivision (a), the task force shall seek to coordinate and integrate the implementation strategy with the key goals and priorities of all of the following frameworks:
(1) The Natural and Working Lands Climate Smart Strategy, the Pathways to 30x30 Document, and biodiversity strategies, all developed pursuant to Executive Order No. N-82-20.
(2) The state’s climate adaptation strategy, known as the Safeguarding California Plan, adopted pursuant to Section 71153.
(3) The 2022 scoping plan update, and subsequent updates, developed pursuant to the California Global Warming Solutions Act of 2006 (Division 25.5 (commencing with Section 38500) of the Health and Safety Code).
(4) Any other related natural resources policy frameworks.
(e) (1) On or before January 1, 2023, and annually thereafter
on or before March 1, until January
March 1, 2048, the task force shall submit, as part of the implementation strategy required pursuant to subdivision (a), a report to the appropriate policy and budget committees of the Legislature on progress made in achieving the goals and key actions identified in the state’s “Wildfire and Forest Resilience Action Plan,” on state expenditures made to implement these key actions, and on additional resources and policy changes needed to achieve these goals and key actions.
(2) (A) The annual report described in paragraph (1) shall also include information on the prior year’s acreage treatment goals, including treatment described in subparagraph (A) of paragraph (1) of subdivision (c), to (i) ensure compliance with the goals and (ii) assess annually additional resource requirements to achieve those goals. Metrics for reporting shall include total acres treated, type of treatment,
level of risk for catastrophic fires within treated areas, statewide fire risk reduction, acres that received maintenance treatment, and resources expended for treatment, including resources expended for implementation and alignment of relevant permitting and regulatory requirements of the board, the department, the State Water Resources Control Board, the applicable regional water quality control boards, and the Department of Fish and Wildlife for fire prevention and forest resilience activities and barriers to treatment, if any.
(B) Information contained in the report required pursuant to Section 4137 may be incorporated by reference, as applicable, to comply with the annual report required pursuant to this subdivision.
(B)
(C) When establishing yearly treatment goals, described in subparagraph (A), the task force shall use the most advanced predictive tools to determine priority areas for treatment, with the goal of most effectively and efficiently reducing the overall fire risk to the state and achieving other goals outlined in this article.
(3) Pursuant to Section 10231.5 of the Government Code, the requirement for submitting a report to the Legislature pursuant to this subdivision is inoperative on January 1, 2052.
(f) On or before January March
1, 2026, and every five years thereafter, the task force, or its successor entity, shall update the state’s “Wildfire and Forest Resilience Action Plan.” The Natural Resources Agency shall coordinate development of the update with the related state frameworks identified in subdivision (d), and with the phased development of the 20-year plan identified in the “Agreement for Shared Stewardship of California’s Forests and Rangelands” entered into between the state and the Pacific Southwest Region of the United States Forest Service.
(g) The task force shall invite the participation of the United States Forest Service and other federal entities, as applicable, in the creation, alignment, and coordination of joint efforts pursuant to this section.
SEC. 37.
Section 5003.6.5 is added to the Public Resources Code, immediately following Section 5003.6, to read:5003.6.5.
(a) Notwithstanding Article 4 (commencing with Section 10335) of Chapter 2 of Part 2 of Division 2 of the Public Contract Code, the department may negotiate a service contract with an entity qualified to do business in the state as a ferry operator, for the transport of passengers via ferry service between the City of Tiburon and Angel Island State Park. The terms of the service contract shall include, but not be limited to, all of the following:(1) Public ferry service seven days a week, at least 362 days of the year unless otherwise agreed to by the department.
(2) Public ferry service of at least three round trips per day unless otherwise agreed to by the department.
(3) A contract term of up to 10 years, with the option of term extensions for a total contract term of up to 20 years.
(b) The terms of the service contract may provide, but not be limited to, both of the following:
(1) The retention by the contractor of a portion of any fees, rent, or other return collected by the contractor as reimbursement for the cost of collection.
(2) Payment or credit by the department to the contractor of a flat fee for each public ferry trip or if a certain agreed upon percentage of ridership is not met.
SEC. 38.
Section 5010.2.5 is added to the Public Resources Code, to read:5010.2.5.
(a) The department may establish the California State Park Adventure Pass. The pass shall be available, upon application to the department, to any child in grade 4, or grade 4 equivalent, who is a California resident and enrolled in a California public school.(b) (1) The department may waive the day use entrance fees to an eligible unit of the state park system, as determined by the department, for any child who holds a valid California State Park Adventure Pass as described in subdivision (a).
(2) The entrance fee waiver pursuant to paragraph (1) shall cover, where applicable, both of the following:
(A) A per vehicle entrance fee, including all passengers in the vehicle, as long as the vehicle is a single, private, noncommercial vehicle that is used to transport the grade 4 child to the unit of the state park system.
(B) A per person entrance fee, including up to three adults, 16 years of age or older, and all children, 15 years of age and younger, accompanying the grade 4 child.
(c) The department shall post on its internet website the list of state parks eligible for the waiver, pursuant to subdivision (b), and information on how to obtain the California State Park Adventure Pass, including a hyperlink.
SEC. 39.
Section 5818.1 of the Public Resources Code is amended to read:5818.1.
(a) The Coastal Wetlands Fund is hereby established in the State Treasury and shall be an interest-bearing fund administered by the Department of Fish and Game.(b) Effective June 30, 2024, the Coastal Wetlands Fund, established pursuant to subdivision (a), is abolished and any remaining balance, assets, liabilities, and encumbrances shall revert to the General Fund.
SEC. 40.
Section 5818.2 of the Public Resources Code is repealed.(a)(1)The funds in the Coastal Wetlands Fund may be expended by the Department of Fish and Game and the State Coastal Conservancy, upon appropriation by the Legislature, for the maintenance of coastal wetlands property owned by the state, a conservancy of the state, a local government agency, or a nonprofit organization.
(2)The funds in the Coastal Wetlands Fund may be expended by the state pursuant to this section in the form of grants.
(3)An applicant may apply to the State Coastal Conservancy for a grant pursuant to the grant application procedures in Division 21 (commencing with Section 31000) to perform maintenance of coastal wetlands property owned by the state, a conservancy of the state, a local government agency, or a nonprofit organization.
(b)The Department of Fish and Game and the State Coastal Conservancy may accept contributions to the Coastal Wetlands Fund. The sources of contributions that may be accepted include, but are not limited to, private individuals and organizations, nonprofit organizations, and federal, state, and local agencies including special districts. The contributions accepted may include moneys identified pursuant to the California Environmental Quality Act (Division 13 (commencing with Section 21000)) or the National Environmental Policy Act of 1969 (42 U.S.C. Sec. 4321 et seq.) as acceptable mitigation for development projects. The Department of Fish and Game and the State Coastal Conservancy shall deposit a contribution accepted pursuant to this subdivision in the Coastal Wetlands Fund, subject to the requirements of Section 5818.1.
SEC. 41.
Section 14585 of the Public Resources Code is amended to read:14585.
(a) The department shall adopt guidelines and methods for paying handling fees to supermarket sites, nonprofit convenience zone recyclers, or rural region recyclers to provide an incentive for the redemption of empty beverage containers in convenience zones. The guidelines shall include, but not be limited to, all of the following:(1) Handling fees shall be paid on a monthly basis, in the form and manner adopted by the department. The department shall require that claims for the handling fee be filed with the department not later than the first day of the second month following the month for which the handling fee is claimed as a condition of receiving any handling fee.
(2) The department shall
determine the number of eligible containers per site for which a handling fee will be paid in the following manner:
(A) Each eligible site’s combined monthly volume of glass and plastic beverage containers shall be divided by the site’s total monthly volume of all empty beverage container types.
(B) If the quotient determined pursuant to subparagraph (A) is equal to, or more than, 10 percent, the total monthly volume of the site shall be the maximum volume that is eligible for a handling fee for that month.
(C) If the quotient determined pursuant to subparagraph (A) is less than 10 percent, the department shall divide the volume of glass and plastic beverage containers by 10 percent. That quotient shall be the maximum volume that is eligible for a handling fee for that month.
(3) (A) On and after the effective date of the act amending this section during the 2021–22
2023–24 Regular Session, and until June 30, 2024, 2026, the department shall pay a handling fee per eligible container in the amount determined pursuant to subdivisions (f) and (g).
(B) On and after July 1, 2024,
2026,
the department shall pay a handling fee per eligible container in the amount determined pursuant to subdivision (f).
(4) If the eligible volume in any given month would result in handling fee payments that exceed the allocation of funds for that month, as provided in subdivision (b), sites with higher eligible monthly volumes shall receive handling fees for their entire eligible monthly volume before sites with lower eligible monthly volumes receive any handling fees.
(5) (A) If a dealer where a supermarket site, nonprofit convenience zone recycler, or rural region recycler is located ceases operation for remodeling or for a change of ownership, the operator of that supermarket site, nonprofit convenience zone recycler, or rural region recycler shall be eligible to apply for handling fees for that site for a period of three months following
the date of the closure of the dealer.
(B) Every supermarket site operator, nonprofit convenience zone recycler, or rural region recycler shall promptly notify the department of the closure of the dealer where the supermarket site, nonprofit convenience zone recycler, or rural region recycler is located.
(C) Notwithstanding subparagraph (A), any operator who fails to provide notification to the department pursuant to subparagraph (B) shall not be eligible to apply for handling fees.
(b) The department may allocate the amount authorized for expenditure for the payment of handling fees pursuant to paragraph (1) of subdivision (a) of Section 14581 on a monthly basis and may carry over any unexpended monthly allocation to a subsequent month or months. However, unexpended monthly allocations shall not be carried over to a
subsequent fiscal year for the purpose of paying handling fees but may be carried over for any other purpose pursuant to Section 14581.
(c) (1) The department shall not make handling fee payments to more than one certified recycling center in a convenience zone. If a dealer is located in more than one convenience zone, the department shall offer a single handling fee payment to a supermarket site located at that dealer. This handling fee payment shall not be split between the affected zones. The department shall stop making handling fee payments if another recycling center certifies to operate within the convenience zone without receiving payments pursuant to this section, if the department monitors the performance of the other recycling center for 60 days and determines that the recycling center is in compliance with this division. Any recycling center that locates in a convenience zone, thereby causing a preexisting
recycling center to become ineligible to receive handling fee payments, is ineligible to receive any handling fee payments in that convenience zone.
(2) The department shall offer a single handling fee payment to a rural region recycler located anywhere inside a convenience zone, if that convenience zone is not served by another certified recycling center and the rural region recycler does either of the following:
(A) Operates a minimum of 30 hours per week in one convenience zone.
(B) Serves two or more convenience zones, and meets all of the following criteria:
(i) Is the only certified recycler within each convenience zone.
(ii) Is open and operating at least eight hours per week in
each convenience zone and is certified at each location.
(iii) Operates at least 30 hours per week in total for all convenience zones served.
(d) The department may require an operator of a supermarket site, or an operator of a rural region recycler, receiving handling fees to maintain records for each location where beverage containers are redeemed, and may require the supermarket site or rural region recycler to take any other action necessary for the department to determine that the supermarket site or rural region recycler does not receive an excessive handling fee.
(e) The department may determine and use a standard container per pound rate, for each material type, for purposes of calculating volumes and making handling fee payments.
(f) (1) On or before January 1, 2008, and every two years thereafter, the department shall conduct a survey pursuant to this subdivision of a statistically significant sample of certified recycling centers that receive handling fee payments handling fee payment recipients
to determine the actual cost incurred for the redemption of empty beverage containers by those certified recycling centers. handling fee payment recipients. The department shall conduct these cost surveys in conjunction with the cost surveys performed by the department pursuant to subdivision (b) of Section 14575 to determine processing payments and processing fees. The department shall include, in determining the actual costs, only those allowable costs contained in the regulations adopted pursuant to this division that are used by the department to conduct cost surveys pursuant to subdivision (b) of Section 14575.
(2) Using the information obtained pursuant to paragraph (1), the department shall then determine the statewide weighted
average cost incurred for the redemption of empty beverage containers, per empty beverage container, at recycling centers that receive handling fees. by handling fee payment recipients.
(3) Except as provided in subdivision (g), the department shall determine the amount of the handling fee to be paid for each empty beverage container by as follows:
(A) Until June 30, 2027, and except as provided in subparagraph (B), the amount shall be determined using a methodology established by the department reflecting the cost of providing and maintaining recycling in convenience zones by handling fee recipients, including transportation, labor, volume, consumer convenience, and increasing recycling rates. The methodology may include tiered handling fee rates reflecting differing costs within convenience zones or regions based on respective volume or location. This subparagraph shall become inoperative on July 1, 2027.
(B) On and after June 30, 2026, and if the department has not established a method pursuant to subparagraph (A), the amount shall be determined by
subtracting the amount of the statewide weighted average cost per container to redeem empty beverage containers by recycling centers handling fee payment recipients that do not receive handling fees from the amount of the statewide weighted average cost per container determined pursuant to paragraph (2).
(4) The department shall adjust the statewide average cost determined pursuant to paragraph (2) for each beverage container annually to reflect changes in the cost of living, as measured by the Bureau of Labor Statistics of the United States Department of Labor or a successor agency of the United States government.
(5) The cost information collected pursuant to this section at recycling centers that receive handling fees
for handling fee payment recipients shall not be used in the calculation of the processing payments determined pursuant to Section 14575.
(g) (1) On and after the effective date of the act amending this section during the 2021–22 2023–24 Regular Session, and until June 30, 2024, 2026, the per-container handling fee shall not be less than the amount of the per-container handling fee that was in effect on July 1, 2021.
2023. If the effective date of the act amending this section during the 2021–22
2023–24 Regular Session is after July 1, 2022, 2024, the department shall pay eligible recycling centers handling fee payment recipients the difference between the handling fee in effect on July 1, 2022, 2024, and the handling fee that was in effect on July 1, 2021,
2023, so that the per-container handling fee for the 2022–23 2025–26 fiscal year is no less than the handling fee that was in effect on July 1, 2021. 2023.
(2) The department shall adjust the handling fee established by this subdivision annually to reflect changes in the cost of living, as measured by the Bureau of Labor Statistics of the United States Department of Labor or a successor agency of the United States government. For the 2022–23 fiscal year, the cost-of-living adjustment shall
be 9 percent.
(h) (1) The department shall adopt emergency regulations that establish the methodology described in subparagraph (A) of paragraph (3) of subdivision (f) and to establish a handling fee calculated pursuant to the methodology. The regulations shall take effect no later than July 1, 2026.
(2) Until June 30, 2027, the adoption of regulations described in paragraph (1) shall be deemed to be an emergency and necessary for the immediate preservation of the public peace, health and safety, or general welfare for purposes of Sections 11346.1 and 11349.6 of the Government Code, and the department is hereby exempted from the requirement that it describe facts showing the need for immediate action. Notwithstanding Section 11346.1 of the Government Code, the
emergency regulations adopted pursuant to this subdivision shall remain in effect through June 30, 2027.
SEC. 42.
Section 25548.8 is added to the Public Resources Code, to read:25548.8.
(a) The department, in consultation with the Public Utilities Commission and the commission, shall provide a biannual report, on or before February 1 and August 1 of each year until December 31, 2030, to the relevant budget and policy committees of both houses of the Legislature on the status of the loan authorized pursuant to this chapter from the Diablo Canyon Extension Fund established pursuant to Section 25548.6.(b) Each biannual report shall include, at minimum, all of the following:
(1) The amount of the loan that has been distributed to the borrower.
(2) A detailed listing of the eligible uses of the loan
that have been allowed, and those that have been deemed disallowed, as part of the required semiannual true-up review, pursuant to Section 25548.4.
(3) The amount of the unpaid loan balance.
(4) The most recent forecast of the amounts that may be repaid from the loan.
(5) A detailed listing of efforts to secure federal funding and their status, including, if applicable, the expected date of any awards.
(6) The status of the current expected shortfall of funds that may need to be absorbed by the general fund or other sources of funding.
(c) (1) A report to be submitted pursuant to subdivision (a) shall be submitted in compliance with Section 9795 of the
Government Code.
(2) Pursuant to Section 10231.5 of the Government Code, this section is repealed on January 1, 2033.
SEC. 43.
Section 42461.5 of the Public Resources Code is amended to read:42461.5.
(a) The Legislature finds and declares that the changes made by this act of the 2011–12 Regular Session of the Legislature to subdivision (h) of Section 42461, subdivision(b) The changes specified in subdivision (a) shall not be interpreted as affecting an administrative or legal enforcement action that was filed before, or is pending on, January 1,
2013, and shall not prevent the taking of a legal or administrative enforcement action that may be brought on or after January 1, 2013, with regard to any actions taken, or claims filed, before that date.
SEC. 44.
Section 42464 of the Public Resources Code is amended to read:42464.
(a) On and after January 1, 2005, or as otherwise provided by Section 25214.10.1 of the Health and Safety Code, a consumer shall pay a covered electronic waste recycling fee upon the purchase of a new or refurbished covered electronic device, as defined in subparagraph (A) of paragraph (1) of subdivision (g) of Section 42463 in the following amounts:(1) Six dollars ($6) for each covered electronic device, as defined in subparagraph (A) of paragraph (1) of subdivision (g) of Section 42463, with a screen size of less than 15 inches measured diagonally.
(2) Eight dollars ($8) for each covered electronic device, as defined in subparagraph (A) of paragraph (1) of subdivision (g) of Section 42463, with
a screen size greater than or equal to 15 inches but less than 35 inches measured diagonally.
(3) Ten dollars ($10) for each covered electronic device, as defined in subparagraph (A) of paragraph (1) of subdivision (g) of Section 42463, with a screen size greater than or equal to 35 inches measured diagonally.
(b) (1) On and after January 1, 2026, a consumer shall pay a covered battery-embedded waste recycling fee in an amount determined by CalRecycle pursuant to paragraph (3) upon the purchase of a new or refurbished covered electronic device, as defined in subparagraph (B) of paragraph (1) of subdivision (g) of Section 42463.
(2) Beginning on August 1, 2028, CalRecycle, in collaboration with DTSC, may establish more than one covered electronic waste recycling fee for covered battery-embedded
waste recycling fee for covered electronic devices, as defined in subparagraph (B) of paragraph (1) of subdivision (g) of Section 42463, based on categories of covered battery-embedded products, as determined by CalRecycle in collaboration with DTSC.
(3) On or before October 1, 2025, and on or before October 1 each year thereafter, CalRecycle shall establish a covered electronic waste recycling fee based on the reasonable regulatory costs to administer covered electronic waste recycling. The fee shall be imposed upon the purchase of a new or refurbished covered electronic device, as defined in subparagraph (B) of paragraph (1) of subdivision (g) of Section 42463. The fee shall go into effect on January 1 of each calendar year after the fee is adopted. The maximum fee shall be adjusted annually based on the California Consumer Price Index as compiled and reported by the Department of Industrial Relations.
(c) Except as provided in subdivision (e), a retailer shall collect from the consumer a covered electronic waste recycling fee or covered battery-embedded waste recycling fee, as applicable, at the time of the retail sale of a covered electronic device.
(d) (1) A retailer may retain 3 percent of the covered electronic waste recycling fee or covered battery-embedded waste recycling fee, as applicable, as reimbursement for all costs associated with collecting the fee and shall transmit the remainder of the fee to the state pursuant to Section 42464.4.
(2) If a retailer makes an election pursuant to paragraph (2) of subdivision (e), and the conditions of subparagraphs (A), (B), and (C) of paragraph (2) of subdivision (e) are met, the vendor, in lieu of the retailer, may retain 3 percent of the covered
electronic waste recycling fee or covered battery-embedded waste recycling fee, as applicable, as reimbursement for all costs associated with collecting the fee and the vendor shall transmit the remainder of the fee to the state pursuant to Section 42464.4.
(e) (1) If a retailer elects to pay the covered electronic waste recycling fee or covered battery-embedded waste recycling fee, as applicable, on behalf of the consumer, the retailer shall provide an express statement to that effect on the receipt given to the consumer at the time of sale. If a retailer elects to pay the covered electronic waste recycling fee on behalf of the consumer, the fee is a debt owed by the retailer to the state, and the consumer is not liable for the fee.
(2) A retailer may elect to pay the covered electronic waste recycling fee or covered battery-embedded waste recycling fee, as
applicable, on behalf of the consumer by paying the covered electronic waste recycling fee or covered battery-embedded waste recycling fee, as applicable, to the retailer’s vendor, but only if all of the following conditions are met:
(A) The vendor is registered with CDTFA to collect and remit the covered electronic waste recycling fee or covered battery-embedded waste recycling fee, as applicable, pursuant to this chapter.
(B) The vendor holds a valid seller’s permit pursuant to Article 2 (commencing with Section 6066) of Chapter 2 of Part 1 of Division 2 of the Revenue and Taxation Code.
(C) The retailer pays the covered electronic waste recycling fee or covered battery-embedded waste recycling fee, as applicable, to the vendor that is separately stated on the vendor’s invoice to the retailer.
(D) The retailer provides an express statement on the invoice, contract, or other record documenting the sale that is given to the consumer, that the covered electronic waste recycling fee or covered battery-embedded waste recycling fee, as applicable, has been paid on behalf of the consumer.
(3) For the purpose of making the election in paragraph (2), if the conditions set forth in subparagraphs (A), (B), (C), and (D) of paragraph (2), are met, the covered electronic waste recycling fee or covered battery-embedded waste recycling fee, as applicable, is a debt owed by the vendor to the state, and the retailer is not liable for the fee.
(f) The retailer shall separately state the covered electronic waste recycling fee or covered battery-embedded waste recycling fee, as applicable, on the receipt given to the consumer at
the time of sale.
(g) On or before August 1, 2005, and, thereafter, no more frequently than annually, and no less frequently than biennially, CalRecycle, in collaboration with DTSC, shall review, at a public hearing, the covered electronic waste recycling fee outlined in subdivision (a) and shall make any adjustments to the fee to ensure that there are sufficient revenues in the Covered Electronic Waste Recycling Fee Subaccount Electronic Waste Recovery and Recycling Account
to fund the covered electronic waste recycling program, as related to covered electronic devices, as defined in subparagraph (A) of paragraph (1) of subdivision (g) of Section 42463 and the resulting covered e-waste, established pursuant to this chapter. Adjustments to the fee that are made on or before August 1, shall apply to the calendar year beginning the following January 1. CalRecycle shall base an adjustment of the covered electronic waste recycling fees on both of the following factors:
(1) The sufficiency, and any surplus, of revenues in the Covered Electronic Waste Recycling Fee Subaccount Electronic Waste Recovery and Recycling Account to fund the collection, consolidation, and recycling of covered electronic waste resulting
from covered electronic devices, as defined in subparagraph (A) of paragraph (1) of subdivision (g) of Section 42463, and the resulting covered e-waste, that is projected to be recycled in the state.
(2) The sufficiency of revenues in the Covered Electronic Waste Recycling Fee Subaccount
Electronic Waste Recovery and Recycling Account for CalRecycle and DTSC to administer, enforce, and promote the program established pursuant to this chapter, as related to covered electronic devices, as defined in subparagraph (A) of paragraph (1) of subdivision (g) of Section 42463 and the resulting covered e-waste, plus a prudent reserve not to exceed 5 percent of the amount in the Covered Electronic Waste Recycling Fee Subaccount. Electronic Waste Recovery and Recycling Account.
(h) Following the setting of the covered battery-embedded waste recycling fee pursuant to paragraph (3) of subdivision (b), on or before August 1, 2027, and, thereafter, no more frequently than annually, and no less frequently than
biennially, CalRecycle, in collaboration with DTSC, shall review, at a public hearing, the covered battery-embedded waste recycling fee outlined in subdivision (b) and shall make any fair and reasonable adjustments to the fee to ensure that there are sufficient revenues in the Covered Battery-Embedded Waste Recycling Fee Subaccount to fund the covered electronic waste recycling program established pursuant to this chapter related to covered electronic devices, as defined in subparagraph (B) of paragraph (1) of subdivision (g) of Section 42463, and the resulting covered e-waste. Adjustments to the fee that are made on or before August 1, shall apply to the calendar year beginning the following January 1. CalRecycle shall base an adjustment of the covered battery-embedded waste recycling fees on both of the following factors:
(1) The sufficiency, and any surplus, of revenues in the Covered Battery-Embedded Waste Recycling Fee Subaccount to fund
the collection, consolidation, and recycling of covered electronic waste resulting from discarded covered electronic devices, as defined in subparagraph (B) of paragraph (1) of subdivision (g) of Section 42463, that is projected to be recycled in the state.
(2) The sufficiency of revenues in the Covered Battery-Embedded Waste Recycling Fee Subaccount for CalRecycle and DTSC to administer, enforce, and promote the program established pursuant to this chapter, related to covered electronic devices, as defined in subparagraph (B) of paragraph (1) of subdivision (g) of Section 42463, and the resulting covered e-waste, plus a prudent reserve not to exceed 5 percent of the amount in the Covered Battery-Embedded Waste Recycling Fee Subaccount.
SEC. 45.
Section 42476 of the Public Resources Code is amended to read:42476.
(a) (1) The Electronic Waste Recovery and Recycling Account is hereby established in the Integrated Waste Management Fund.(1)
(2) Notwithstanding Section 13340 of the Government Code, the funds in the Covered Electronic Waste Recycling Fee Subaccount
Electronic Waste Recovery and Recycling Account are hereby continuously appropriated, without regard to fiscal year, for the following purposes:
(A) To pay refunds of the covered electronic waste recycling fee imposed under Section 42464.
(B) To make electronic waste recovery payments to an authorized collector of covered electronic waste, resulting from discarded covered electronic devices, as defined in subparagraph (A) of paragraph (1) of subdivision (g) of Section 42463, pursuant to Section 42479.
(C) To make electronic waste recycling payments to covered electronic waste recyclers, for recycling covered electronic waste resulting from discarded covered electronic devices, as defined in subparagraph (A) of paragraph (1) of subdivision (g) of Section 42463, pursuant to
Section 42479.
(D) To make payments to manufacturers for covered electronic waste, resulting from discarded covered electronic devices, as defined in subparagraph (A) of paragraph (1) of subdivision (g) of Section 42463, pursuant to subdivision (h). (i).
(b) (1) The Covered Battery-Embedded Waste Recycling Fee Subaccount is hereby created in the Electronic Waste Recovery and Recycling Account. All covered battery-embedded waste recycling fees collected from sales of covered electronic devices, as defined in subparagraph (B) of paragraph (1) of subdivision (g) of Section 42463, shall be
deposited into the Covered Battery-Embedded Waste Recycling Fee Subaccount.
(2) Notwithstanding Section 13340 of the Government Code, the funds in the Covered Battery-Embedded Waste Recycling Fee Subaccount are hereby continuously appropriated, without regard to fiscal year, for the following purposes:
(A) To pay refunds of the covered battery-embedded waste recycling fee imposed under Section 42464.
(B) To make electronic waste recovery payments to an authorized collector of covered electronic waste resulting from discarded covered electronic devices, as defined in subparagraph (B) of paragraph (1) of subdivision (g) of Section 42463, pursuant to Section 42479.
(C) To make electronic waste recycling payments to covered
electronic waste recyclers for recycling covered electronic waste resulting from discarded covered electronic devices, as defined in subparagraph (B) of paragraph (1) of subdivision (g) of Section 42463, pursuant to Section 42479.
(D) To make payments to manufacturers for covered electronic waste resulting from discarded covered electronic devices, as defined in subparagraph (B) of paragraph (1) of subdivision (g) of Section 42463, pursuant to subdivision (h). (i).
(b)
(c) (1) The money in the Covered Electronic Waste Recycling Fee Subaccount
Electronic Waste Recovery and Recycling Account may be expended for the following purposes only upon appropriation by the Legislature in the annual Budget Act:
(A) For the administration of this chapter by CalRecycle and DTSC, as related to covered electronic devices, as defined in subparagraph (A) of paragraph (1) of subdivision (g) of Section 42463, and covered electronic waste resulting from discarded covered electronic devices, as defined in subparagraph (A) of paragraph (1) of subdivision (g) of Section 42463.
(B) To reimburse CDTFA for its administrative costs of registering, collecting, making refunds, and auditing retailers and consumers in connection with the covered electronic waste recycling fee imposed under Section 42464.
(C) To provide funding to DTSC to
implement and enforce Chapter 6.5 (commencing with Section 25100) of Division 20 of the Health and Safety Code, as related to covered electronic devices, as defined in subparagraph (A) of paragraph (1) of subdivision (g) of Section 42463, as and as related to covered electronic waste, resulting from discarded covered electronic devices, defined in subparagraph (A) of paragraph (1) of subdivision (g) of Section 42463, including any regulations adopted by DTSC pursuant to that chapter, as that chapter relates to covered electronic devices, as defined in subparagraph (A) of paragraph (1) of subdivision (g) of Section 42463, and as related to covered electronic waste, resulting from discarded covered electronic devices, defined in subparagraph (A) of paragraph (1) of subdivision (g) of Section 42463.
(D) To establish the public information program specified in subdivision (d),
(e), as it relates to covered electronic devices, as defined in subparagraph (A) of paragraph (1) of subdivision (g) of Section 42463, and as related to covered electronic waste, resulting from discarded covered electronic devices, defined in subparagraph (A) of paragraph (1) of subdivision (g) of Section 42463.
(E) For expenditure pursuant to paragraph (2) of subdivision (a) of, and paragraph (2) of subdivision (b) of, Section 17001.
(2) The money in the Covered Battery-Embedded Waste Recycling Fee Subaccount may be expended solely for the following purposes only upon appropriation by the Legislature in the annual Budget Act:
(A) For the administration of this chapter by CalRecycle and DTSC, as related to covered electronic devices, as defined in subparagraph (B) of
paragraph (1) of subdivision (g) of Section 42463 and covered electronic waste resulting from discarded covered electronic devices, as defined in subparagraph (B) of paragraph (1) of subdivision (g) of Section 42463.
(B) To reimburse CDTFA for its administrative costs of registering, collecting, making refunds, and auditing retailers and consumers in connection with the covered battery-embedded waste recycling fee imposed under Section 42464.
(C) To provide funding to DTSC to implement and enforce Chapter 6.5 (commencing with Section 25100) of Division 20 of the Health and Safety Code, as it relates to covered electronic devices, as defined in subparagraph (B) of paragraph (1) of subdivision (g) of Section 42463, and as it relates to covered electronic waste resulting from discarded covered electronic devices, defined in subparagraph (B) of paragraph (1) of subdivision (g) of
Section 42463, including any regulations adopted by DTSC pursuant to that chapter, as that chapter relates to covered electronic devices, as defined in subparagraph (B) of paragraph (1) of subdivision (g) of Section 42463 and covered electronic waste resulting from discarded covered electronic devices, as defined in subparagraph (B) of paragraph (1) of subdivision (g) of Section 42463.
(D) To establish the public information program specified in subdivision (d), (e), as it relates to covered electronic devices, as defined in subparagraph (B) of paragraph (1) of subdivision (g) of Section 42463, and as it relates to covered electronic waste resulting from covered electronic devices, as defined in subparagraph (B) of paragraph (1) of subdivision (g) of
Section 42463.
(3) Any fines or penalties collected pursuant to this chapter shall be deposited in the Electronic Waste Penalty Subaccount, which is hereby established in the account. The funds in the Electronic Waste Penalty Subaccount may be expended by CalRecycle or DTSC only upon appropriation by the Legislature.
(c)
(d) Notwithstanding Section 16475 of the Government Code, any interest earned upon funds in the Electronic Waste Recovery and Recycling Account shall be deposited in that account for expenditure pursuant to this chapter.
(d)
(e) Not more than 2 percent of the funds annually deposited in the Covered Electronic Waste Recovery Recycling Fee Subaccount
Electronic Waste Recovery and Recycling Account and not more than 2 percent of the funds annually deposited in the Covered Battery-Embedded Waste Recycling Fee Subaccount shall be expended for purposes of establishing the public information program to educate the public in the hazards of improper covered electronic device storage and disposal and on the opportunities to recycle covered electronic devices.
(e)
(f) CalRecycle shall adopt regulations specifying cancellation methods for the recovery, processing, or recycling of covered electronic waste.
(f)
(g) CalRecycle may pay an electronic waste recycling payment or electronic waste recovery payment only for covered electronic waste that meets all of the following conditions:
(1) (A) The covered electronic waste is demonstrated to have been generated by a person who used the covered electronic device while located in this state.
(B) Covered electronic waste generated outside of the state and subsequently brought into the state is not eligible for payment.
(C) CalRecycle shall establish documentation requirements for purposes of this paragraph that are necessary to demonstrate that the covered electronic waste was generated in
the state and eligible for payment.
(2) The covered electronic waste, including any residuals from the processing of the waste, is handled in compliance with all applicable statutes and regulations.
(3) The manufacturer or the authorized collector or recycler of the electronic waste provides a cost-free and convenient opportunity to recycle electronic waste, in accordance with the legislative intent specified in subdivision (b) of Section 42461.
(4) If the covered electronic waste is processed, the covered electronic waste is processed in this state according to the cancellation method authorized by CalRecycle.
(g)
(h) The Legislature hereby declares that the state is a market participant in the business of the recycling of covered electronic waste for all of the following reasons:
(1) The covered electronic waste recycling fee or the covered battery-embedded waste recycling fee, as applicable, are collected from the state’s consumers for covered electronic devices sold for use in the state.
(2) The purpose of the covered electronic waste recycling fee and the covered battery-embedded waste recycling fee and subsequent payments is to prevent damage to the public health and the environment from waste generated in the state.
(3) The recycling system funded by the
covered electronic waste recycling fee and the covered battery-embedded waste recycling fee ensures that economically viable and sustainable markets are developed and supported for recovered materials and components in order to conserve resources and maximize business and employment opportunities within the state.
(h)
(i) (1) CalRecycle may make a payment to a manufacturer that takes back a covered electronic device from a consumer in this state for purposes of recycling the device at a processing facility. The amount of the payment made by CalRecycle shall equal the value of the covered electronic waste recycling fee or the covered battery-embedded
waste recycling fee, as applicable, paid for that device. To qualify for a payment pursuant to this subdivision, the manufacturer shall demonstrate both of the following to CalRecycle:
(A) The covered electronic device for which payment is claimed was used in this state.
(B) The covered electronic waste for which a payment is claimed, including any residuals from the processing of the waste, has been, and will be, handled in compliance with all applicable statutes and regulations.
(2) A covered electronic device for which a payment is made under this subdivision is not eligible for an electronic waste recovery payment or an electronic waste recycling payment under Section 42479.
SEC. 46.
Section 43012 of the Revenue and Taxation Code is amended to read:43012.
(a) (1) On and after January 1, 2022, a person liable for the payment of a fee or a tax specified in paragraph (1) of subdivision (a) of
Section 25173.6 of the Health and Safety Code, paragraph (1) of subdivision (a) of Section 25174 of the Health and Safety Code, paragraph (1) of subdivision (a) of Section 25174.01 of the Health and Safety Code, or imposed by Section 105310 of the Health and Safety Code.
(b)
(2) This section shall become operative on January 1, 2022, and shall apply subdivision applies to the fees due for the 2022 reporting period and thereafter.
(b) (1) A person liable for the payment of a fee or a tax described in subdivision (a) of Section 25205.25 of the Health and Safety Code, or imposed by Section 105310 of the Health and Safety Code.
(2) This subdivision applies only to fees due through the June 2022 reporting period and any earlier periods.
SEC. 47.
Section 43053 of the Revenue and Taxation Code is amended to read:43053.
The fees imposed pursuant to Sections 25205.2 and 25205.5SEC. 48.
Section 43101 of the Revenue and Taxation Code is amended to read:43101.
Every person, as defined in Section 25118 of the Health and Safety Code, who is subject to the fees specified in Section 105190 of the Health and Safety Code or imposed pursuant to Section 25205.2, 25205.5, or 25205.6SEC. 49.
Section 43152 of the Revenue and Taxation Code is amended to read:43152.
(a) The California Department of Tax and Fee Administration shall establish and annually submit to each feepayer a consolidated statement of fees required to be paid by the feepayer to the California Department of Tax and Fee Administration pursuant to Sections 25205.2, 25205.5, and 25205.6(b) Notwithstanding any other law, any return or other document that is required to be submitted by a feepayer to the California Department of Tax and Fee Administration in connection with the payment of any fee
specified in subdivision (a) shall instead be submitted together with the consolidated statement made pursuant to subdivision (a).
SEC. 50.
Section 43152.6 of the Revenue and Taxation Code is amended to read:43152.6.
(a) (1) (A) Except as provided in paragraph (2), the fee imposed pursuant to Section 25205.2 of the Health and Safety Code that is collected and administered under Section 43053 of this code is due and payable to the California Department of Tax and Fee Administration in two equal installments, on or before(B) Notwithstanding subparagraph (A), for the 2023–24 fiscal year only, the facility fee imposed pursuant to Section 25205.2 of the Health and Safety Code and collected and administered under Section 43053 of this code is due and payable to the California Department of Tax and Fee Administration in two equal installments, on or before November 30, 2023, and February 28, 2024.
(2) For the 2022–23 fiscal year, the fees imposed under subdivision (j) of Section 25205.2 of the Health and Safety Code collected and administered under Section 43053 are due and payable within 30 days after the date of assessment and the feepayer
every operator of a facility shall deliver a remittance of the amount of the assessed fee to the California Department of Tax and Fee Administration within that 30-day period.
(b) Every operator of a facility subject to the fee imposed pursuant to Section 25205.2 of the Health and Safety Code shall file a fiscal year return accompanying the second installment payment required pursuant to subdivision (a), in the form prescribed by the California Department of Tax and Fee Administration, and pay the proper amount of fee due. Returns shall be filed with the California Department of Tax and Fee Administration using electronic media and authenticated in a form or pursuant to methods as may be prescribed by the California Department of Tax and Fee Administration. This subdivision does not apply to an operator with respect to the operation of a facility subject to the fee imposed under subdivision (j) of
Section 25205.2 of the Health and Safety Code for the 2022–23 fiscal year.
(c) For purposes of subdivision (a), the operator of a facility shall pay the applicable fee based on the type and size of the facility, as specified in Section 25205.2 of the Health and Safety Code.
(d) This section shall become operative on July 1, 2022, and shall apply applies to the fees due for the 2022–23 fiscal year and thereafter.
SEC. 51.
Section 43152.7 of the Revenue and Taxation Code is amended to read:43152.7.
(a) (1) The generation and handling fee imposed pursuant to(2) Notwithstanding subparagraph (1), for waste generated in the 2022 calendar year, the generation and handling fee imposed pursuant to Sections 25205.5 and 25205.5.2 of the Health and Safety Code that is collected and administered under Section 43053 of this code is due and payable to the California Department of Tax and Fee Administration in two equal installments, on or before November 30, 2023, and February 28, 2024.
(b) Every generator subject to the
generation and handling fee imposed pursuant to Section Sections 25205.5 and 25205.5.2 of the Health and Safety Code shall file an annual a fiscal year return, accompanying the second installment payment required pursuant to subdivision (a), in the form prescribed by the California Department of Tax and Fee Administration, and pay the proper amount of fee due. Returns shall be filed with the California Department of Tax and Fee Administration using electronic media and authenticated
in a form or pursuant to methods as may be prescribed by the California Department of Tax and Fee Administration.
(c)This section shall become operative on July 1, 2022.
SEC. 52.
Section 43155 of the Revenue and Taxation Code is amended to read:43155.
(a) Any person who fails to pay any(b) Any person who fails to file a return or prepayment with the board California Department of Tax and Fee Administration in accordance with this part within the time prescribed for the filing of a return or prepayment,
return, a penalty of 10 percent of the amount of tax or prepayment
tax, exclusive of previously remitted installments, shall be added thereto on account of the delinquency.
(c) The penalties imposed by this section shall be limited to a maximum of 10 percent of the taxes for which the return return, installment, or prepayment is required for any one return return, installment, or prepayment.
(d) The amendments made to this section by the act
adding this subdivision shall apply to any return or payment that becomes due on or after November 30, 2024. This section does not apply to any fee imposed pursuant to Section 25205.5 or 25205.5.2 of the Health and Safety Code for any return or payment that becomes due on or after November 30, 2024.
SEC. 53.
Section 43155.01 is added to the Revenue and Taxation Code, immediately following Section 43155, to read:43155.01.
(a) A person who fails to pay any generation and handling fee or installment required pursuant to Section 25205.5 or 25205.5.2 of the Health and Safety Code within the time required shall pay a penalty, plus interest at the modified adjusted rate per month, or fraction of a month, established pursuant to Section 6591.5, from the date on which the fee or the amount of fee required to be collected became due and payable to the state until the date of payment, as follows:(1) For a delinquency period of 30 days or fewer from the date the installment or fee became due and payable, the penalty shall be 10 percent of the amount of the delinquent fee or installment not timely remitted.
(2) For a delinquency period of at least 31 days, but not more than 60 days, from the date the installment or fee became due and payable, the penalty shall be 25 percent of the amount of the delinquent fee or installment not timely remitted.
(3) For a delinquency period of at least 61 days, but not more than 90 days, from the date the installment or fee became due and payable, the penalty shall be 50 percent of the amount of the delinquent fee or installment not timely remitted.
(4) For a delinquency period of 91 days or more from the date the installment or fee became due and payable, the penalty shall be 100 percent of the amount of the delinquent fee or installment not timely remitted.
(b) For any person who fails to file a generation and handling fee annual return required pursuant to Section 25205.5
or 25205.5.2 of the Health and Safety Code with the California Department of Tax and Fee Administration in accordance with this part within the time prescribed for the filing of a generation and handling fee return, a penalty shall be added on account of the delinquency, as follows:
(1) For a delinquency period of 30 days or fewer from the date the return became due, the penalty shall be 10 percent of the amount of the fee, exclusive of previously remitted installments.
(2) For a delinquency period of at least 31 days, but not more than 60 days, from the date the return became due, the penalty shall be 25 percent of the amount of the fee, exclusive of previously remitted installments.
(3) For a delinquency period of at least 61 days, but not more than 90 days, from the date the return became due, the penalty shall be
50 percent of the amount of the fee, exclusive of previously remitted installments.
(4) For a delinquency period of 91 days or more from the date the return became due, the penalty shall be 100 percent of the amount of the fee, exclusive of previously remitted installments.
(c) Notwithstanding any other limitation to the penalty amount imposed for any one installment, fee, or return specified in this part, the penalties imposed pursuant to this section shall be in addition to any other penalties imposed under this part.
(d) This section applies to any return or payment that becomes due on or after November 30, 2024, and applies to any fee imposed pursuant to Section 25205.5 or 25205.5.2 of the Health and Safety Code.
SEC. 54.
Section 43157 of the Revenue and Taxation Code is amended to read:43157.
(a) If the California Department of Tax and Fee Administration finds that a person’s failure to make a timely return, installment, prepayment, or payment is due to reasonable cause and circumstances beyond the person’s control, and occurred notwithstanding the exercise of ordinary care and the absence of willful neglect, the person may be relieved of the penalty provided by Sections 43155, 43155.01, 43170, and 43306.(b) Except as provided in subdivisions (c) and (d), any person seeking to be relieved of the penalty shall file with the California
Department of Tax and Fee Administration a statement, under penalty of perjury, setting forth the facts upon which the person bases the claim for relief.
(c) (1) Subject to paragraph (2), the California Department of Tax and Fee Administration may grant relief of the penalty for any person in an area identified in a state of emergency proclamation made by the Governor for the period the state of emergency proclamation is effective, regardless of whether the person has filed a statement with the department pursuant to subdivision (b).
(2) The California Department of Tax and Fee Administration may grant the relief in paragraph (1) only during the first 12 months following the issuance of the state of emergency proclamation or the duration of the state of emergency, whichever is less.
(d) The
California Department of Tax and Fee Administration shall establish criteria that provide for efficient resolution of requests for relief pursuant to this section.
SEC. 55.
Section 43158 of the Revenue and Taxation Code is amended to read:43158.
(a) If the California Department of Tax and Fee Administration finds that a person’s failure to make a timely return or payment was due to disaster, and occurred notwithstanding the exercise of ordinary care and the absence of willful neglect, the person may be relieved of interest provided for by Sections 43154, 43155, 43155.01, 43170,(b) Except as provided in subdivision (c), a person seeking to be relieved of interest shall file
with the California Department of Tax and Fee Administration a statement under penalty of perjury setting forth the facts upon which the person bases the claim for relief.
(c) (1) Subject to paragraph (2), the California Department of Tax and Fee Administration may grant relief of the interest for any person in an area identified in a state of emergency proclamation made by the Governor for the period the state of emergency proclamation is effective, regardless of whether the person has filed a statement with the department pursuant to subdivision (b).
(2) The California Department of Tax and Fee Administration may grant the relief in paragraph (1) only during the first 12 months following the issuance of the state of emergency proclamation or the duration of the state of emergency, whichever is less.
SEC. 56.
Section 43170 of the Revenue and Taxation Code is amended to read:43170.
(a) Any person whose estimated tax liability under this part averages twenty thousand dollars ($20,000) or more per month, as determined by the(b) Any person whose estimated tax liability under this part averages less than twenty thousand dollars ($20,000) per month may elect to remit amounts due by electronic funds transfer with the approval of the board. California Department of Tax and Fee Administration.
(c) Any person remitting amounts due pursuant to subdivision (a) or (b) shall perform electronic funds transfer in compliance with the due dates set forth in Article 1 (commencing with Section 43151). Payment is deemed complete on the date the electronic funds transfer is initiated if settlement to the state’s demand account occurs on
or before the banking day following the date the transfer is initiated. If settlement to the state’s demand account does not occur on or before the banking day following the date the transfer is initiated, payment is deemed to occur on the date settlement occurs.
(d) Any person remitting taxes by electronic funds transfer shall, on or before the due date of the remittance, file a return for the preceding reporting period in the form and manner prescribed by the board. California Department of Tax and Fee Administration. Any person who fails to timely file the required return shall pay a penalty of 10 percent of the amount of taxes, exclusive of prepayments,
previously remitted installments, with respect to the period for which the return is required.
(e) Any person required to remit taxes pursuant to this article who remits those taxes by means other than appropriate electronic funds transfer shall pay a penalty of 10 percent of the taxes incorrectly remitted.
(f) Any person who fails to pay any tax to the state or any amount of tax tax, installment, or prepayment required to be collected and paid to the state, except amounts of determinations made by the board
California Department of Tax and Fee Administration under Article 2 (commencing with Section 43201), within the time required shall pay a penalty of 10 percent of the tax or amount of tax, in addition to the tax or amount of tax, plus interest at the modified adjusted rate per month, or fraction thereof, established pursuant to Section 6591.5, from the date on which the tax or amount of tax required to be collected became due and payable to the state until the date of payment.
(g) In determining whether a person’s estimated tax liability averages twenty thousand dollars ($20,000) or more per month, the board California Department of Tax and Fee Administration may consider tax returns filed pursuant to this part
and any other information in the board’s
California Department of Tax and Fee Administration’s possession.
(h) (1) The penalties imposed by subdivisions (d), (e), and (f) shall be limited to a maximum of 10 percent of the taxes due for any one return return, installment, or prepayment. Any person remitting taxes by electronic funds transfer shall be subject to the penalties under this section and not Section 43155.
(2) Notwithstanding paragraph (1), any person remitting fees
imposed pursuant to Section 25205.5 of the Health and Safety Code by electronic funds transfer is subject to the penalties imposed by this section and the penalties imposed by Section 43155.01.
(i) The board shall promulgate regulations pursuant to Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code for purposes of implementing this section.
SEC. 57.
Section 43201 of the Revenue and Taxation Code is amended to read:43201.
(a) If the(b) If any part of the deficiency for which a determination of an additional amount due is found to have been occasioned by negligence or intentional disregard of this part or authorized regulations, a penalty of 10 percent of the amount of the determination shall be added, plus interest as provided above.
(c) If any part of the deficiency for which a determination of an additional amount due is found to be occasioned by fraud or an intent to evade this part or authorized regulations, a penalty of 25 percent of the amount of the determination shall be added, plus interest as provided in subdivision (a).
(d) The board
California Department of Tax and Fee Administration shall give to the taxpayer written notice of its determination. The notice shall be placed in a sealed envelope, with postage paid, addressed to the taxpayer at his or her their address as it appears in the records of the board. California Department of Tax and Fee Administration. The giving of notice shall be deemed complete at the time of the deposit of the notice in a United States Post Office, or a mailbox, sub-post office, substation or mail chute, or other facility regularly maintained or provided by the United States Postal Service
without extension of time for any reason. In lieu of mailing, a notice may be served personally by delivering to the person to be served, and service shall be deemed complete at the time of delivery. Personal service to a corporation may be made by delivery of a notice to any person designated in the Code of Civil Procedure to be served for the corporation with summons and complaint in a civil action.
(e) This section shall not apply to any fee imposed pursuant to Section 25205.5 or 25205.5.2 of the Health and Safety Code for any return or payment that becomes due on or after November 30, 2024.
SEC. 58.
Section 43201.01 is added to the Revenue and Taxation Code, immediately following Section 43201, to read:43201.01.
(a) If the California Department of Tax and Fee Administration is dissatisfied with the return or report filed or the amount of fee paid to the state by any feepayer, or if no return or report has been filed or no payment or payments of the fees have been made to the state by a feepayer, the California Department of Tax and Fee Administration may compute and determine the amount to be paid, based upon any information available to it. In addition, where the California Department of Tax and Fee Administration is authorized to collect a fee for another state agency, the California Department of Tax and Fee Administration may issue a notice of determination or similar billing document for collection of the fee. One or more additional determinations may be made of the amount of fee due for one, or for more than one, period. The amount of fee so determined shall bear interest at the modified adjusted rate per month, or fraction thereof, established pursuant to Section 6591.5, from the date the amount of the fee, or any portion thereof, became due and payable until the date of payment. In making a determination, the California Department of Tax and Fee Administration may offset overpayments for a period or periods against underpayments for another period or periods and against the interest and penalties on the underpayments.(b) If any part of the deficiency for which a determination of an additional amount due is found to have been occasioned by negligence or intentional disregard of this part or authorized regulations, a penalty of 10 percent of the amount of the determination shall be added, plus interest as provided in subdivision (a).
(c) If a feepayer willfully or knowingly
provides incorrect information or withholds information that results in a deficient payment or nonpayment, as determined by California Department of Tax and Fee Administration, a penalty of 300 percent of the amount of the determination shall be added.
(d) Notwithstanding any other limitation to the maximum penalty amount imposed for any one payment or return specified in this part, the penalties imposed pursuant to this section shall be in addition to any other penalties imposed under this part.
(e) The California Department of Tax and Fee Administration shall give to the feepayer written notice of its determination. The notice shall be placed in a sealed envelope, with postage paid, addressed to the feepayer at their address as it appears in the records of the California Department of Tax and Fee Administration. The giving of notice shall be deemed complete at the time of the
deposit of the notice in a United States post office, or a mailbox, subpost office, substation or mail chute, or other facility regularly maintained or provided by the United States Postal Service without extension of time for any reason. In lieu of mailing, a notice may be served personally by delivering to the person to be served, and service shall be deemed complete at the time of delivery. Personal service to a corporation may be made by delivery of a notice to any person designated in the Code of Civil Procedure to be served for the corporation with summons and complaint in a civil action.
(f) This section shall only apply to any return or payment that becomes due on or after November 30, 2024, and shall only apply to the generation and handling fee imposed pursuant to Section 25205.5 or 25205.5.2 of the Health and Safety Code.
SEC. 59.
Section 43202 of the Revenue and Taxation Code is amended to read:43202.
(a) Except in the case of fraud, intent to evade this part, authorized rules and regulations, or failure to make a return, every notice of a determination of an additional amount due shall be given within three years after the date when the amount should have been paid or the return was due, or within three years after the return was filed, whichever period expires later. In the case of failure to make a return, the notice of determination shall be mailed within eight years after the date the report or return was due.(b) The limitation specified in subdivision (a) shall not apply to a liability for the fee imposed pursuant to Section 25205.5 of
fees described in subdivisions (b) and (c) of Section 25205.25 of the Health and Safety Code which that is proposed to be determined with respect to a taxpayer if a notice of determination for the fee imposed pursuant to Section 25205.2 of the Health and Safety Code has been given pursuant to Section 43201 or 43350 for the same period and site, or with respect to a taxpayer that has paid the fee imposed by Section 25205.2 of the Health and Safety Code for the same period and site. The notice of determination with respect to the fee imposed pursuant to Section 25205.5 fees described in subdivisions (b) and (c) of
Section 25205.25 of the Health and Safety Code shall be given within 90 days from the date of final board
action of the California Department of Tax and Fee Administration or final judicial action, whichever is later, concerning liability for the fee imposed pursuant to Section 25205.2 of the Health and Safety Code.
(c) The limitation specified in subdivision (a) shall not apply to a liability for the fee imposed pursuant to Section 25205.2 of the Health and Safety Code which
that is proposed to be determined with respect to a taxpayer if a notice of determination for the fee imposed pursuant to Section 25205.5 fees described in subdivisions (b) and (c) of Section 25205.25 of the Health and Safety Code has been given pursuant to Section 43201 or 43350 for the same period and site, or with respect to a taxpayer that has paid the fee imposed by Section 25205.5 of fees described in subdivisions (b) and (c) of Section 25205.25 of the Health and Safety Code for the same period and site. The notice of determination with respect to the fee imposed pursuant to Section
25205.2 of the Health and Safety Code shall be given within 90 days from the date of final board action of the California Department of Tax and Fee Administration or final judicial action, whichever is later, concerning liability for the fee imposed pursuant to Section 25205.5 of fees described in subdivisions (b) and (c) of Section 25205.25 of the Health and Safety Code.
SEC. 60.
Section 43304 of the Revenue and Taxation Code is amended to read:43304.
TheSEC. 61.
Section 43350 of the Revenue and Taxation Code is amended to read:43350.
If theSEC. 62.
Section 43452 of the Revenue and Taxation Code is amended to read:43452.
(a) Except as provided in subdivisions (b), (e), and (f), no refund shall be approved by the(b) A refund may be approved by the board
California Department of Tax and Fee Administration for any period for which a waiver is given under Section 43204 if a claim therefor is filed with the board
California Department of Tax and Fee Administration before the expiration of the period agreed upon.
(c) Every claim for refund or credit shall be in writing and shall state the specific grounds upon which the claim is founded.
(d) No A claim for refund of taxes paid under this part shall not be accepted, considered, or approved by the board
California Department of Tax and Fee Administration if the claim is founded upon the grounds that the director has improperly or erroneously determined that any substance is a hazardous or extremely hazardous waste. Any appeal of a determination that a substance is a hazardous or extremely hazardous waste shall be made to the director.
(e) Notwithstanding subdivision (a), the board may California Department of Tax and Fee Administration may, within 90 days from the date of final board action
of the California Department of Tax and Fee Administration or final judicial action, whichever is later, concerning liability for the fee imposed pursuant to Section 25205.5 of fees described in Section 25205.25 of the Health and Safety Code, grant a refund or apply a credit pursuant to Section 43451 for any amount of tax, penalty, or interest that has been overpaid concerning a fee imposed pursuant to Section 25205.2 of the Health and Safety Code, if the taxpayer has paid or is being assessed a fee imposed pursuant to Section 25205.5
described in subdivision (b) or (c) of Section 25205.25 of the Health and Safety Code for the same period and site.
(f) Notwithstanding subdivision (a), the board
California Department of Tax and Fee Administration may, within 90 days from the date of final board
action of the California Department of Tax and Fee Administration or final judicial action, whichever is later, concerning liability for the fee imposed pursuant to Section 25205.2 of the Health and Safety Code, grant a refund or apply a credit pursuant to Section 43451 for any amount of tax, penalty, or interest that has been overpaid concerning a fee imposed pursuant to Section 25205.5 of described in subdivision (b) or (c) of Section 25205.25 of the Health and Safety Code, if the taxpayer has paid or is being assessed a fee imposed pursuant to Section 25205.2 of the Health and Safety Code for the same period and site.
(g) Any
overpayment of the fee imposed by Section 25174.1
fees described in subdivision (b) of Section 25205.25 of the Health and Safety Code by a person submitting hazardous waste for disposal to a hazardous waste facility at which hazardous wastes are waste is disposed of who is required to collect the fee shall be credited or refunded by the state to the person who submitted the hazardous waste for disposal. However, if the facility has paid the amount to the board
California Department of Tax and Fee Administration and establishes to the satisfaction of the board
California Department of Tax and Fee Administration that it has not collected the amount from the person submitting the hazardous waste for disposal or has refunded the amount to that person, the overpayment may be credited or refunded by the state to the facility.
SEC. 63.
Section 43507.5 is added to the Revenue and Taxation Code, to read:43507.5.
(a) The Legislature hereby finds and declares that changes made to the imposition and administration of the disposal fee, facility fee, generator fee, and transportable treatment unit fee set forth in Sections 28, 53, 54, and 64 of Chapter 73 of the Statutes of 2021 were not intended to repeal the authority of the Department of Toxic Substances Control and the California Department of Tax and Fee Administration to continue to administer and collect those fees. Therefore, the California Department of Tax and Fee Administration may continue billing and collecting fees due, making any refunds and effecting any credits, disposing of the money collected, and assessing any interest or penalties that have accrued, and may commence or continue to pursue any action or proceeding regarding the following fees:(1) The disposal fee imposed pursuant to Section 25174.1 of the Health and Safety Code, as that section read on December 31, 2022, for hazardous waste disposed of on or before June 30, 2022, that was due and payable on or before June 30, 2022.
(2) The generator fee imposed pursuant to Section 25205.5 of the Health and Safety Code, as that section read on December 31, 2021, for hazardous waste generated on or before December 31, 2021, that was due and payable on or before February 28, 2022.
(3) The transportable treatment unit fee imposed pursuant to Section 25205.14 of the Health and Safety Code, as that section read on December 31, 2022, for each facility or transportable treatment unit authorized on or before June 30, 2022, and that was due and payable on or before December 31, 2022.
(b) A fee, including any applicable penalty or interest, collected pursuant to this section shall be administered pursuant to this part as it read at the time the fees described in subdivision (a) were originally imposed.
SEC. 64.
Section 50108 of the Revenue and Taxation Code is amended to read:50108.
(a) The fee imposed pursuant to Sections 25299.41 and 25299.43 of the Health and Safety Code shall be administered and collected by the California Department of Tax and Fee Administration in accordance with this part.(b) The repeal inoperability of certain portions of Chapter 6.75 (commencing with Section 25299.10) of Division 20 of the Health and Safety Code by the act adding this subdivision pursuant to
Section 25299.81 of the Health and Safety Code does not terminate the rights, obligations, or authorities, or any provision necessary to carry out the rights and obligations for the California Department of Tax and Fee Administration to collect unpaid fees pursuant to this part that are imposed
imposed, or to issue refunds or allow credits, dispose of moneys collected, or commence any action or proceeding regarding fees, pursuant to Article 5 (commencing with Section 25299.40) of Chapter 6.75 of Division 20 of the Health and Safety Code, as that article read on December 31, 2035, or that have become due before January 1, 2036, including any interest or penalties that accrue before, on, or after January 1, 2036, associated with those unpaid fees, for deposit into the Underground Storage Tank Cleanup Fund.
SEC. 65.
Section 1804 of the Vehicle Code is amended to read:1804.
(a) The abstract shall be made upon a form furnished or approved by the department and shall contain all necessary information to identify the defendant, including, but not limited to, the person’s driver’s license number, name, and date of birth, the date and nature of the offense, the vessel number, if any, of the vessel involved in the offense, the license plate number of the vehicle involved in the offense, the date of hearing, and the judgment, except that in the case of infractions where the court has not directed the department to suspend or restrict the defendant’s driver’s license, only the conviction and not the judgment need be set forth in the abstract. The abstract shall also indicate whether the vehicle involved in the offense is a commercial motor vehicle, as defined in subdivision (b) of Section 15210, whether the vehicle was of a type requiring the driver to have a certificate issued pursuant to Section 2512, 12517, 12519, 12523, or 12523.5 or any endorsement issued pursuant to paragraph (2) or (5) of subdivision (a) of Section 15278, and whether the vehicle was transporting hazardous material at the time of the offense, or whether the vessel involved in the offense was a recreational vessel, as defined in(b) As to any abstract for which the original arrest and final conviction was for a violation of subdivision (b), (c), (d), (e), or (f) of Section 655 of the Harbors and Navigation Code or Section 23152 or 23153 of this code, the abstract shall contain a statement indicating the percentage of alcohol, by weight, in the person’s blood whenever that
percentage was determined by a chemical test. The information regarding the chemical test shall be compiled if it is available to the clerk of the court. All information required to be compiled pursuant to this subdivision shall be kept confidential in the records of the department pursuant to Section 1808.5. The department may use the information for research and statistical purposes and for determining the eligibility of any person to operate a motor vehicle on the highways of this state. The information shall not be released to any other public or private agency, except for research and statistical summary purposes and, for those purposes, the name and address of the person and any other identifying information shall not be disclosed.
(c) The Legislature finds and declares that blood-alcohol percentages have valuable research potential in providing statistical summary information on impaired drivers but that a specific blood-alcohol
percentage is only an item of evidence for purposes of criminal and licensing sanctions imposed by law. The Legislature recognizes that the accuracy of the determination of a specific blood-alcohol percentage is not the critical determination in a conviction for driving under the influence of an alcoholic beverage if the blood-alcohol percentage exceeds the statutory amount.
SEC. 66.
Section 9854 of the Vehicle Code is amended to read:9854.
The owner of any vessel already covered by a number in full force and effectSEC. 67.
Section 9873 of the Vehicle Code is amended to read:9873.
An undocumented vessel shall not be required to be numbered under this chapter if it is:(a) Already covered by a number in full force and effect which that has been issued to it pursuant to federal law or a federally approved numbering system of another state; provided, that such undocumented vessel shall be subject to the numbering requirements of this chapter if it has changed its state of principal use and has been within this state for a period in excess of 90
60 consecutive days.
(b) A vessel from a country other than the United States temporarily using the waters of this state.
(c) A public vessel of the United States, another state or subdivision thereof or municipality of such other state.
(d) A ship’s lifeboat.
(e) Any vessel belonging to a class of boats which that has been exempted from numbering by the department after the department has found that the numbering of vessels of such class will not materially aid in their identification; and, if any agency of the federal
government has a numbering system applicable to the class of vessels to which the vessel in question belongs, after the department has further found that the vessel would also be exempt from numbering if it were subject to the federal law. An undocumented vessel propelled solely by oars or paddles and an undocumented vessel eight feet or less propelled solely by sail are exempt from the provisions of this chapter.
SEC. 68.
Section 8705 of the Water Code is amended to read:8705.
The Flood Risk Management Fund is hereby established in the State Treasury. All funds received from fees pursuant to Section 8535 and from penalties pursuant to this article shall be paid into the fund. Upon appropriation by the Legislature, the moneys in the fund shall be expended by the board to carry out enforcement pursuant to this part, including the costs of the modification, removal, abatement, or restoration of violations and relatedSEC. 69.
Section 106 of Chapter 73 of the Statutes of 2021, as amended by Section 43 of Chapter 51 of the Statutes of 2023, is amended to read: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(1) (A) For the 2021–22 fiscal year, four hundred thirty-one million four hundred thousand dollars ($431,400,000). two hundred forty million four hundred thousand dollars ($240,400,000).
(B) Of the amount specified in subparagraph (A), three hundred million dollars ($300,000,000)
one hundred nine million dollars ($109,000,000)
shall be allocated from the General Fund for the following:
(i) The discovery, cleanup, and investigation of contaminated properties with a priority on sites that are in communities with high cumulative environmental burdens and proximity to sensitive receptors. The Department of Toxic Substances Control shall, to the extent feasible, require the use of community benefit agreements for those sites where a responsible party has been identified and is available.
(ii) A grant program, modeled after the grant program established under Section 9604(k) of Title 42 of the United States Code, to fund response actions, as defined by Section 25323.3 78140 of the Health and Safety
Code, at brownfield sites.
(iii) A job and development training program prioritizing local hires to promote public health and community engagement, promote equity and environmental justice, and support the local economy.
(iv) A program to provide technical assistance grants to groups of individuals in communities impacted by a release or a potential release of a hazardous material. The goal of these grants is to provide community members with technical information to understand and contribute to response actions that comply with applicable laws. The Department of Toxic Substances Control may award the grants to pay for any of the following:
(I) A qualified, independent entity to assist in the creation or interpretation of information on the nature of the hazard or potential hazard of a release or potential release of
a hazardous material.
(II) A qualified, independent entity to assist in the interpretation of information produced as part of a site investigation or as part of any other type of response action for a release or potential release, including the operation and maintenance of a response action.
(III) A qualified, independent entity to conduct confirmation sampling related to a release or potential release of a hazardous material.
(v) (I) To assist in the development of a forum within the Department of Toxic Substances Control, consisting of no more than 25 members, that represents communities across California impacted by the Department of Toxic Substances Control’s programs and activities
and to provide environmental justice advice, consultation, and recommendations to the Director of the Department of Toxic Substances Control and the Board of Environmental Safety.
(I)
(II) The Department of Toxic Substances Control shall provide members of the forum a one-hundred-dollar ($100) state per diem for each day a forum meeting is held and the actual, reasonable travel expenses to attend the meeting.
(II)
(III) If members of the forum create working groups to assist with the forum’s work, a one-hundred-dollar ($100) state per diem compensation and the actual, reasonable travel expenses to attend the working group meetings may be made available to working group members at the discretion of the Department of Toxic Substances Control.
(III)
(IV) The Department of Toxic Substances Control may enter into any necessary contracts to implement the purposes of this clause.
(vi) To implement Section 25135 of the Health and Safety Code in the 2021–22 fiscal year.
(C) Of the amount specified in subparagraph (A), the Director of Finance may transfer up to one hundred thirty-one million four hundred thousand dollars ($131,400,000) as a loan from the General Fund to the Toxic Substances Control Account. The loaned moneys are hereby appropriated in that same amount from the account for use by the Department of Toxic Substances Control for the following purposes:
(i) Activities related to the cleanup and investigation of properties contaminated with lead in the communities surrounding the former Exide Technologies facility in the City of Vernon.
(ii) Notwithstanding Section 25173.6 of the Health and Safety Code, job training activities related to the cleanup and investigation of the properties contaminated with lead in the communities surrounding the former Exide Technologies facility in
the City of Vernon.
(2) (A) For the 2022–23 fiscal year, two hundred million dollars ($200,000,000). one hundred fifteen million dollars ($115,000,000).
(B) Of the amount specified in subparagraph (A), one hundred million dollars ($100,000,000) fifteen million dollars ($15,000,000)
shall be allocated from the General Fund for the following:
(i) The discovery, cleanup, and investigation of contaminated properties with a priority on sites that are in communities with high cumulative environmental burdens and proximity to sensitive receptors. The Department of Toxic Substances Control shall, to the extent feasible, require the use of community benefit agreements for those sites where a responsible party has been identified and is available.
(ii) A grant program, modeled after the grant program established under Section 9604(k) of Title 42 of the United States Code, to fund response actions, as defined by Section 25323.3 78140 of the Health and Safety
Code, at brownfield sites.
(C) Of the amount specified in subparagraph (A), the Director of Finance may transfer up to one hundred million dollars ($100,000,000) as a loan from the General Fund to the Toxic Substances Control Account. The loaned moneys are hereby appropriated in that same amount from the account for use by the Department of Toxic Substances Control for the following purposes:
(i) Activities related to the cleanup and investigation of properties contaminated with lead in the communities surrounding the former Exide Technologies facility in the City of Vernon.
(ii) Notwithstanding Section 25173.6 of the Health and Safety Code, job training activities related to the cleanup and investigation of the properties contaminated with lead in the communities surrounding the former Exide Technologies facility in
the City of Vernon.
(3) (A) For the 2023–24 fiscal year, one hundred ninety-one million dollars ($191,000,000).
ninety-one million dollars ($91,000,000).
(B)Of the amount specified in subparagraph (A), one hundred million dollars ($100,000,000) shall be allocated from the General Fund for the following:
(i)The discovery, cleanup, and investigation of contaminated properties with a priority on sites that are in communities with high cumulative environmental burdens and proximity to sensitive receptors. The Department of Toxic Substances Control shall, to the extent feasible, require the use of community benefit agreements for those sites where a responsible party has been identified and is available.
(ii)A grant program, modeled after the grant program established under Section 9604(k) of Title 42 of the United States Code, to fund response actions, as defined by Section 25323.3 of the Health and Safety Code, at brownfield sites.
(C)Of the amount specified in subparagraph (A), the
(B) The Director of Finance may transfer up to ninety-one million dollars ($91,000,000) the amount specified in subparagraph (A)
as a loan from the General Fund to the Toxic Substances Control Account. The loaned moneys are hereby appropriated in that same amount from the account for use by the Department of Toxic Substances Control for the following purposes:
(i) Activities related to the cleanup and investigation of properties contaminated with lead in the communities surrounding the former Exide Technologies facility in the City of Vernon.
(ii) Notwithstanding Section 25173.6 of the Health and Safety Code, job training activities related to the cleanup and investigation of the properties contaminated with lead in the communities surrounding the former Exide Technologies facility in the City of Vernon.
(4) (A) For the
2024–25 fiscal year, sixty-five million dollars ($65,000,000).
(B) The amount specified in subparagraph (A) shall be allocated from the Greenhouse Gas Reduction Fund for the following:
(i) The discovery, cleanup, and investigation of contaminated properties with a priority on sites that are in communities with high cumulative environmental burdens and proximity to sensitive receptors. The Department of Toxic Substances Control shall, to the extent feasible, require the use of community benefit agreements for those sites where a responsible party has been identified and is available.
(ii) A grant program, modeled after the grant program established under Section 9604(k) of Title 42 of the United States Code, to fund response actions, as defined by Section 78140 of the Health and Safety Code, at brownfield sites.
(iii) A job and development training program prioritizing local hires to promote public health and community engagement, promote equity and environmental justice, and support the local economy.
(iv) A program to provide technical assistance grants to groups of individuals in communities impacted by a release or a potential release of a hazardous material. The goal of these grants is to provide community members with technical information to understand and contribute to response actions that comply with applicable laws. The Department of Toxic Substances Control may award the grants to pay for any of the following:
(I) A qualified, independent entity to assist in the creation or interpretation of information on the nature of the hazard or potential hazard of a release or potential release of a hazardous material.
(II) A qualified, independent entity to assist in the interpretation of information produced as part of a site investigation or as part of any other type of response action for a release or potential release, including the operation and maintenance of a response action.
(III) A qualified, independent entity to conduct confirmation sampling related to a release or potential release of a hazardous material.
(v) (I) To assist in the development of a forum within the Department of Toxic Substances Control, consisting of no more than 25 members, that represents communities across California impacted by the Department of Toxic Substances Control’s programs and activities and to provide environmental justice advice, consultation, and recommendations to the Director of the Department of Toxic Substances
Control and the Board of Environmental Safety.
(II) The Department of Toxic Substances Control shall provide members of the forum a one-hundred-dollar ($100) state per diem for each day a forum meeting is held and the actual, reasonable travel expenses to attend the meeting.
(III) If members of the forum create working groups to assist with the forum’s work, a one-hundred-dollar ($100) state per diem compensation and the actual, reasonable travel expenses to attend the working group meetings may be made available to working group members at the discretion of the Department of Toxic Substances Control.
(IV) The Department of Toxic Substances Control may enter into any necessary contracts to implement the purposes of this clause.
(5) (A) For the 2026–27 fiscal year, forty-two million five hundred thousand dollars ($42,500,000).
(B) The amount specified in subparagraph (A) shall be allocated from the Greenhouse Gas Reduction Fund for the following:
(i) The discovery, cleanup, and investigation of contaminated properties with a priority on sites that are in communities with high cumulative environmental burdens and proximity to sensitive receptors. The Department of Toxic Substances Control shall, to the extent feasible, require the use of community benefit agreements for those sites where a responsible party has been identified and is available.
(ii) A grant program, modeled after the grant program established under Section 9604(k) of Title 42 of the United States Code, to fund response actions, as defined by Section 78140 of the
Health and Safety Code, at brownfield sites.
(iii) A job and development training program prioritizing local hires to promote public health and community engagement, promote equity and environmental justice, and support the local economy.
(iv) A program to provide technical assistance grants to groups of individuals in communities impacted by a release or a potential release of a hazardous material. The goal of these grants is to provide community members with technical information to understand and contribute to response actions that comply with applicable laws. The Department of Toxic Substances Control may award the grants to pay for any of the following:
(I) A qualified, independent entity to assist in the creation or interpretation of information on the nature of the hazard or potential hazard of a release or
potential release of a hazardous material.
(II) A qualified, independent entity to assist in the interpretation of information produced as part of a site investigation or as part of any other type of response action for a release or potential release, including the operation and maintenance of a response action.
(III) A qualified, independent entity to conduct confirmation sampling related to a release or potential release of a hazardous material.
(v) (I) To assist in the development of a forum within the Department of Toxic Substances Control, consisting of no more than 25 members, that represents communities across California impacted by the Department of Toxic Substances Control’s programs and activities and to provide environmental justice advice, consultation, and recommendations to the
Director of the Department of Toxic Substances Control and the Board of Environmental Safety.
(II) The Department of Toxic Substances Control shall provide members of the forum a one-hundred-dollar ($100) state per diem for each day a forum meeting is held and the actual, reasonable travel expenses to attend the meeting.
(III) If members of the forum create working groups to assist with the forum’s work, a one-hundred-dollar ($100) state per diem compensation and the actual, reasonable travel expenses to attend the working group meetings may be made available to working group members at the discretion of the Department of Toxic Substances Control.
(IV) The Department of Toxic Substances Control may enter into any necessary contracts to implement purposes of this clause.
(b) (1)All funds recovered from potentially responsible parties for the former Exide Technologies facility in the City of Vernon shall be used to repay the loans made pursuant to subdivision (a). If the amount of moneys received from the cost recovery efforts is insufficient to fully repay the loans made pursuant to subdivision (a), the Director of Finance may forgive any remaining balance if, at least 90 days before forgiving any balance, the Director of Finance submits a notification to the Joint Legislative Budget Committee.
(2)Notwithstanding any other law, the funding appropriated in this subdivision shall be available for encumbrance for three fiscal years after the fiscal year in which the funds are released.
(c) The Department of Toxic Substances Control may review, adopt, amend, and repeal guidelines to implement uniform standards or criteria that supplement or clarify the terms, references, or standards set forth in this section. Any guidelines or terms adopted pursuant to this subdivision are not subject to Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code.
(d) It is the intent of the Legislature that the funds appropriated pursuant to subdivision (a) be used to decrease environmental burdens on disadvantaged communities and not create an increased obligation to the state to fund the cleanup of orphan sites.
(e) The Board of Environmental Safety shall conduct an analysis of the expenditure of funds allocated by the Department of Toxic Substances Control for the purposes
specified in subparagraph (B) of paragraph (1) of, subparagraph (B) of paragraph (2) of, and subparagraph (B) of paragraph (3) of, subdivision (a), on an annual basis until the funds have been entirely liquidated by the Department of Toxic Substances Control. This analysis shall include the subsequent uses of the sites that have undergone investigation or cleanup in order to make recommendations to the Legislature on future expenditures of state funds for cleanup. In its analysis, the board shall also evaluate the public health benefits that those investigations or cleanups have created for the communities in which the sites are located.
(f) Notwithstanding any other law, the funding appropriated in subdivision (a) shall be available for encumbrance for four fiscal years after the fiscal year in which the funds are released.
(f)
(g) This section does not expand any obligation of the state to provide resources for cleanup of orphan sites beyond the funds appropriated in subdivision (a).
(g)
(h) (1) Until July 1, 2025, an agency administering moneys appropriated under this section may authorize advance payments of those moneys in accordance with Section 11019.1 of the Government Code.
(2) Paragraph (1) shall not apply to
moneys appropriated in subparagraph (C) of paragraph (1) of subdivision (a).
SEC. 70.
(a) For the report due to the Legislature on or before March 1, 2025, pursuant to Section 4137 of the Public Resources Code, the Department of Forestry and Fire Protection may use the reporting requirements as they existed on June 1, 2024. This exception shall only apply to the report due on or before March 1, 2025.(b) For the report due to the Legislature on or before March 1, 2026, pursuant to Section 4137 of the Public Resources Code, the Department of Forestry and Fire Protection may use the best available data in place
of the full data requirements of subparagraphs (G) and (H) of paragraph (1) of subdivision (c) of Section 4137 of the Public Resources Code. This exception shall only apply to the report due on or before March 1, 2026.
SEC. 71.
With respect to Section 12 of this act, which adds Section 14670.10.6 to the Government 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 need to conserve and protect the Habitat Connectivity Corridor and Community Separator designated in the Sonoma County General Plan.SEC. 72.
With respect to Section 37 of this act, which adds Section 5003.6.5 to 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 operating nature of Angel Island State Park being the only state park that is exclusively accessed via ferry boat.SEC. 73.
No reimbursement is required by this act pursuant to Section 6 of Article XIII B of the California Constitution because the only 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. 74.
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.
