Bill Text: CA AB1611 | 2015-2016 | Regular Session | Amended
NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Public resources.
Spectrum: Partisan Bill (Democrat 16-0)
Status: (Failed) 2016-11-30 - Died on inactive file. [AB1611 Detail]
Download: California-2015-AB1611-Amended.html
Bill Title: Public resources.
Spectrum: Partisan Bill (Democrat 16-0)
Status: (Failed) 2016-11-30 - Died on inactive file. [AB1611 Detail]
Download: California-2015-AB1611-Amended.html
BILL NUMBER: AB 1611 AMENDED
BILL TEXT
AMENDED IN SENATE JUNE 14, 2016
AMENDED IN ASSEMBLY APRIL 14, 2016
INTRODUCED BY Committee on Budget (Assembly Members Ting (Chair),
Travis Allen, Bigelow, Bloom, Bonta, Campos, Chávez, Chiu, Cooper,
Gordon, Grove, Harper, Holden, Irwin, Kim, Lackey, McCarty, Melendez,
Mullin, Nazarian, Obernolte, O'Donnell, Patterson, Rodriguez,
Thurmond, Wilk, and Williams)
JANUARY 7, 2016
An act relating to the Budget Act of 2016.
An act to amend Sections 1602, 1609, 1610, 1613, 1615, 2942, 12157,
and 12159.5 of, and to add Sections 2081.2 and 12008.1 to, the Fish
and Game Code, to repeal and add Section 52334 of the Food and
Agricultural Code, to amend Sections 8670.48.3 and 12812.2 of the
Government Code, to amend Sections 25150.7, 25150.84, 25189.3,
25205.7, 25205.18, 25205.19, 25247, 100829, 100860.1, 100862, 105206,
116590, and 116681 of, and to add Section 25253.5 to, the Health and
Safety Code, to amend Sections 10187.5 and 10190 of the Public
Contract Code, to amend Sections 4629.6 and 4629.8 of, to amend,
repeal, and add Section 21191 of, to add Chapter 6.5 (commencing with
Section 25550) to Division 15 of, and to repeal the
heading of Chapter 6.5 (commencing with Section 25550) of Division 15
of, the Public Resources Code, to amend Sections 43053 and 43152.10
of the Revenue and Taxation Code, to amend, repeal, and add Sections
5106 and 5108 of the Vehicle Code, to amend Sections 1430, 1440, and
13205 of, and to add and repeal Section 79717 of, the Water Code, to
amend Section 258 of the Welfare and Institutions Code, and to amend
Section 11 of Chapter 2 of the Statutes of 2009 of the Seventh
Extraordinary Session, relating to public resources, and making an
appropriation therefor, to take effect immediately, bill related to
the budget.
LEGISLATIVE COUNSEL'S DIGEST
AB 1611, as amended, Committee on Budget. Budget Act of
2016. Public resources.
(1) Existing law prohibits an entity from substantially diverting
or obstructing the natural flow of, or substantially changing or
using any material from the bed, channel, or bank of, any river,
stream, or lake, or from depositing certain material where it may
pass into any river, stream, or lake designated by the Department of
Fish and Wildlife, without first notifying the department of that
activity, and entering into a lake or streambed alteration agreement
if required by the department to protect fish and wildlife resources.
Under existing law, it is unlawful for any person to violate those
notification and agreement provisions, and a person who violates them
is also subject to a civil penalty of not more than $25,000 for each
violation. For purposes of these provisions, existing law defines
entity to mean any person, state or local governmental agency, or
public utility subject to the notification and agreement provisions.
This bill would make it unlawful for any entity to violate those
provisions, thereby imposing a state-mandated local program by
changing the definition of a crime. The bill would subject to that
civil penalty any entity that violates those provisions.
Existing law authorizes the director of the department to
establish a graduated schedule of fees to be charged to any entity
subject to the notification and agreement provisions, and authorizes
the adjustment of fees. Existing law imposes a $5,000 fee limit for
any agreement.
This bill would instead authorize the department to establish that
schedule of fees, and would require that the department adjust fees
annually. The bill would modify that fee limit to prohibit a fee from
exceeding $5,000 for any single project.
(2) The California Endangered Species Act requires the Fish and
Game Commission to establish a list of endangered species and a list
of threatened species, and requires the Department of Fish and
Wildlife to recommend, and the commission to adopt, criteria for
determining if a species is endangered or threatened. The act
prohibits the taking of an endangered, threatened, or candidate
species, except as specified. Under the act, the department may
authorize the take of listed species if the take is incidental to an
otherwise lawful activity and the impacts are minimized and fully
mitigated.
This bill would require the department to collect a permit
application fee for processing applications for specified permits
issued by the department to take a species listed as candidate,
threatened, or endangered, except as provided. The bill would require
the department to assess the permit application fee according to a
graduated fee schedule based on the cost of the project and whether
the project uses a department-approved conservation or mitigation
bank to fulfill mitigation obligations. The bill would create the
Endangered Species Permitting Account and would require the permit
application fees collected by the department to be deposited in the
account and used upon appropriation to pay the department's cost of
processing permit applications, permit development, and compliance
monitoring. The bill would make funds deposited in the account
available to the department, upon appropriation by the Legislature,
for those purposes and for administering and implementing the
California Endangered Species Act.
Under existing law, a violation of the act is a misdemeanor
subject to the punishment of a fine of not more than $5,000 or
imprisonment in the county jail for not more than one year, or both
the fine and imprisonment.
This bill would increase the punishment of a violation of the
prohibition against taking an endangered, threatened, or candidate
species to a fine of not less than $25,000 or more than $50,000,
imprisonment in the county jail for not more than one year, or by
both that fine and imprisonment. The bill would require 1/2 of any
fine or forfeiture imposed for a violation of the take prohibition or
any other law of the act to be deposited in the county treasury of
the county in which the violation occurred and would require the
other 1/2 to be deposited in the Endangered Species Permitting
Account.
(3) The California Seed Law regulates seed sold in California, and
prohibits a city, county, or district from adopting or enforcing an
ordinance that regulates plants, crops, or seeds without the consent
of the Secretary of Food and Agriculture. The California Seed Law
also requires the Department of Food and Agriculture to develop and
maintain a list of invasive pests, as defined and which includes
certain plants and seeds, that have a reasonable likelihood of
entering California for which action by the state might be
appropriate, as specified.
This bill would delete the provision prohibiting the adoption or
enforcement of an ordinance that regulates plants, crops, or seeds
without the secretary's consent. The bill would also state that the
declaration of a plant, seed, nursery stock, or crop as invasive is a
power reserved for the secretary.
(4) Existing law imposes a uniform oil spill response fee on
specified persons, except specified independent crude oil producers,
owning petroleum products and on pipeline operators transporting
petroleum products into the state by means of a pipeline operating
across, under, or through the marine waters of the state, during any
period that the Oil Spill Response Trust Fund contains less than a
designated amount. Existing law, until June 30, 2017, provides that
if a loan or other transfer of money from the fund to the General
Fund pursuant to the Budget Act reduces the balance of the fund to
less than or equal to 95% of the designated amount, the administrator
for oil spill response is not required to resume collection of the
oil spill response fee if the annual Budget Act requires the transfer
or loan to be repaid to the fund with interest calculated at a rate
earned by the Pooled Money Investment Account and on or before June
30, 2017.
This bill would extend that date to June 30, 2019. The bill would
additionally provide that if a loan or other transfer of money from
the fund to a special fund pursuant to the Budget Act reduces the
balance of the fund to less than or equal to 95% of the designated
amount, the administrator is not required to resume collection of the
oil spill response fee. The bill would make these provisions
inoperative on July 1, 2019.
(5) Existing law establishes the California Environmental
Protection Agency under the supervision of the Secretary for
Environmental Protection, and requires the agency, among other
things, to identify disadvantaged communities for certain investment
opportunities based on geographic, socioeconomic, public health, and
environmental hazard criteria, as specified. Existing law requires
the secretary's deputy secretary for law enforcement and counsel to,
in consultation with the Attorney General, establish a cross-media
enforcement unit to assist boards, departments, offices, or other
agencies that implement a law or regulation within the jurisdiction
of the agency, as specified.
This bill would require each board, department, or office within
the California Environmental Protection Agency to participate and
have representatives in the cross-media enforcement unit. The bill
would require the unit to undertake activities consistent with
specified environmental justice policies and focus its activities in
disadvantaged communities, as specified.
(6) Existing law requires the Department of Toxic Substances
Control to adopt, and revise as necessary, regulations establishing
management standards for treated wood waste. Existing law makes
these, and other requirements regarding treated wood waste,
inoperative on December 31, 2020. Existing law requires the
department, on or before January 1, 2018, to prepare, post on its
Internet Web site, and provide to the appropriate policy committees
of the Legislature, a comprehensive report with specified content on
the compliance with, and implementation of, these laws relating to
treated wood waste.
This bill would extend to July 1, 2018, the time by which the
department is to prepare, post on its Internet Web site, and provide
the appropriate policy committees of the Legislature the
comprehensive report.
Existing law requires the department to suspend the permit of a
hazardous waste facility for nonpayment of a specified facility fee
or activity fee if the operator of the facility is subject to the fee
and if the State Board of Equalization has certified that certain
circumstances exist.
This bill would allow the department, in addition to the State
Board of Equalization, to certify the existence of those
circumstances, and would include within the circumstances that the
department or the State Board of Equalization has notified the
facility's operator of the delinquency and that the operator has
exhausted certain administrative rights of appeal or dispute
resolution procedures, as specified.
Existing law provides a person who applies for, or requests,
specified hazardous waste permits, variances, or waste classification
determinations with the option of paying a flat fee or entering into
a reimbursement agreement to reimburse the department for costs
incurred in processing the application or response to the request.
Existing law authorizes a reimbursement agreement to include costs
incurred by the department in reviewing and overseeing corrective
action but prohibits the department from assessing a fee or seeking
reimbursement for reviewing and overseeing preliminary site
assessment in conjunction with a hazardous waste facilities permit
application.
This bill would eliminate the flat fee option. The bill would
additionally require the reimbursement agreement to provide for the
reimbursement of the costs incurred by the department in reviewing
and overseeing corrective action and would require an applicant and
the owner and the operator of the facility to pay these costs and to
pay all costs incurred by the department to comply with the
California Environmental Quality Act. The bill would repeal the
prohibition on the department assessing a fee or seeking
reimbursement for reviewing and overseeing a preliminary site
assessment in conjunction with a hazardous waste facilities permit
application. The bill would require at least 25% of the agreed-upon
reimbursement to be made in advance, based on the department's total
estimated costs of processing the application or response to the
request. The bill would apply these revised fee provisions to
applications and requests submitted to the department on or after
April 1, 2016.
Under existing law, if a facility's permit or interim status
document sets forth the facility's allowable capacity for treatment
or storage, the annual facility fee is based upon that capacity, and
the department may require the facility to submit an application to
modify the permit to provide for an allowable capacity. Under
existing law, if a facility's permit or interim status document does
not set forth its type, that type is presumed for purposes of setting
fees, and the department is authorized to require the facility to
submit an application to modify the permit or interim status document
to provide for a facility type. Existing law exempts these
applications from the requirement to either pay a flat fee or enter
into a reimbursement agreement.
This bill would subject these applications for modification to the
above-described reimbursement requirement.
Existing law requires specified fees, including the flat fee and
the fee paid under the reimbursement agreement, as applicable, to be
administered and collected by the State Board of Equalization in
accordance with the Hazardous Substance Tax Law.
This bill would provide that the fees, as revised above, shall
instead be administered and collected by the department.
This bill would make conforming changes and delete obsolete
provisions pertaining to the state's hazardous waste programs.
Existing law requires the department to adopt regulations to
establish a process for evaluating chemicals of concern in consumer
products, and their potential alternatives, to determine how best to
limit exposure or to reduce the level of hazard posed by a chemical
of concern. Existing law requires the regulations adopted to specify
the range of regulatory responses that the department may take
following the completion of the alternatives analysis. Under its
regulatory authority, the department has adopted the 2015-17 Priority
Product Work Plan, which describes categories from which the
department will select priority products for which safer alternatives
are to be evaluated.
This bill would require the department to revise the 2015-17
Priority Product Work Plan to include lead acid batteries for
consideration and evaluation as a potential priority products.
(7) Existing law, the Environmental Laboratory Accreditation Act,
requires certain laboratories that conduct analyses of environmental
samples for regulatory purposes to obtain a certificate of
accreditation from the State Water Resources Control Board. The act
requires an accredited laboratory to report, in a timely fashion and
in accordance with the request for analysis, the full and complete
results of all detected contaminants and pollutants to the person or
entity that submitted the material for testing. The act authorizes
the board to adopt regulations to establish reporting requirements,
establish the accreditation procedures, recognize the accreditation
of laboratories located outside California, and collect laboratory
accreditation fees. The act requires that fees collected for
laboratory accreditation be adjusted annually, as specified. The act
requires fees and civil penalties collected under the act to be
deposited in the Environmental Laboratory Improvement Fund and that
moneys in the fund be available for expenditure by the board, upon
appropriation by the Legislature, for the purposes of the act.
This bill would require the board to adopt, by emergency
regulations, a schedule of fees to recover costs incurred for the
accreditation of environmental laboratories in an amount sufficient
to recover all reasonable regulatory costs incurred for the purposes
of the act, as prescribed. This bill would require the board to
review and revise the fees, as necessary, each fiscal year.
Existing law, until January 1, 2017, requires, among other things,
any laboratory that performs cholinesterase testing on human blood
for an employer to enable the employer to satisfy his or her
responsibilities for medical supervision of his or her employees who
regularly handle pesticides pursuant to specified regulations or to
respond to alleged exposure to cholinesterase inhibitors or known
exposure to the inhibitors that resulted in illness to electronically
report specified information in its possession on every person
tested to the Department of Pesticide Regulation, which would be
required to share the information in an electronic format with the
Office of Environmental Health Hazard Assessment and the State
Department of Public Health on an ongoing basis, as specified.
This bill would extend the repeal date of these provisions to
January 1, 2019.
(8) Existing law, the California Safe Drinking Water Act, provides
for the operation of public water systems and imposes on the State
Water Resources Control Board various duties and responsibilities for
the regulation and control of drinking water in the state. The act,
on and after July 1, 2016, requires the board to adopt, by
regulation, a fee schedule, to be paid annually by each public water
system for the purpose of reimbursing the board for specified
activities. The act requires funds received by the board for the
purposes of the act to be deposited into the Safe Drinking Water
Account and provides that the moneys in the account are available,
upon appropriation by the Legislature, for the administration of the
act. The act prohibits the total amount of funds received for state
operations program costs to administer the act for fiscal year
2016-17 from exceeding $30,450,000.
This bill would raise that limit to $38,907,000.
Existing law requires the board to conduct research, studies, and
demonstration projects relating to the provision of a dependable,
safe supply of drinking water, to adopt regulations to implement the
act, and to enforce provisions of the federal Safe Drinking Water
Act. Existing law authorizes the board to order physical or
operational consolidation with a receiving water system where a
public water system, or a state small water system within a
disadvantaged community, consistently fails to provide an adequate
supply of safe drinking water. Existing law defines a disadvantaged
community for the purpose of these provisions as a community with an
annual median household income that is less than 80% of the statewide
annual median income and that is in an unincorporated area or is
served by a mutual water company.
This bill would revise the definition of disadvantaged community
to include a community with an annual median household income that is
less than 80% of the statewide annual median income that is served
by a small public water system, as defined.
(9) Existing law authorizes the Department of Water Resources,
subject to available funding and in coordination with the Department
of Fish and Wildlife, to undertake specified restoration efforts at
the Salton Sea.
This bill would authorize the Department of Water Resources to use
design-build procurement for projects at the Salton Sea.
Existing law requires either the Director of General Services or
the Secretary of the Department of Corrections and Rehabilitation to
notify the State Public Works Board regarding the method to be used
for selecting a design-build entity, prior to advertising a
design-build project.
This bill would, for purposes of projects at the Salton Sea,
instead require the Director of Water Resources to notify the
California Water Commission regarding the method to be used for
selecting a design-build entry, prior to advertising design-build
project.
(10) Existing law creates the Timber Regulation and Forest
Restoration Fund in the State Treasury and requires that specified
revenues received from a lumber or engineered wood products
assessment, less amounts deducted for refunds and reimbursements, be
deposited in the fund and, upon appropriation by the Legislature,
used for specified purposes relating to forest management and
restoration, in accordance with specified priorities.
This bill would authorize the Natural Resources Agency to use
moneys in the fund, upon appropriation by the Legislature and only
after certain of those specified priorities are funded, to provide a
reasonable per diem for attendance at a meeting of the advisory body
for the state's forest practice program by a member of the body who
is not an employee of a government agency.
(11) Existing law establishes the State Energy Resources
Conservation and Development Commission (Energy Commission) in the
Natural Resources Agency, and specifies the powers and duties of the
Energy Commission with respect to energy resources in the state.
Existing law requires the Public Utilities Commission to adopt rules
and procedures governing the operation, maintenance, repair, and
replacement of gas pipeline facilities that it regulates and that are
intrastate transmission and distribution lines to, among other
things, reduce emissions of natural gas from those facilities to the
maximum extent feasible to advance the state's goals in reducing
emissions of greenhouse gases.
This bill would require the Energy Commission, by September 15,
2017, and in consultation with certain entities, to report to the
respective budget committees of each house of the Legislature on the
resources needed to develop a plan for tracking natural gas, and a
recommendation for developing the plan, considering
cost-effectiveness and efficacy. The bill would require the State Air
Resources Board, in consultation with the Energy Commission to
develop a model of fugitive and vented emissions of methane from
natural gas infrastructure, as specified.
(12) The Bagley-Keene Open Meeting Act, with specified exceptions,
requires that meetings of a state body be open and public and that
all persons be permitted to attend.
Existing law establishes the Strategic Growth Council and requires
the council, among other things, to identify and review the
activities and funding programs of member state agencies that may be
coordinated to improve air and water quality. Existing law also
requires the council's meetings to be open to the public and subject
to the Bagley-Keene Open Meeting Act, but exempts from that
requirement meetings at which council staff and member agency staff
are meeting to discuss, but not take final action on, specified
matters.
This bill would exempt meetings at which council members, council
staff, and member agency staff are meeting to discuss, but not take
final action on, those specified matters.
Existing constitutional provisions require that a statute that
limits the right of access to the meetings of public bodies or the
writings of public officials and agencies be adopted with findings
demonstrating the interest protected by the limitation and the need
for protecting that interest.
This bill would make legislative findings to that effect.
(13) Existing law authorizes the issuance of environmental license
plates, also referred to as personalized license plates, upon
application of the registered owner or lessee of a vehicle. Existing
law imposes a fee, in addition to the regular registration fee, of
$48 for the issuance of, and $38 for the renewal, retention,
transfer, or duplication of, the environmental license plates.
Existing law requires that all revenue derived from these fees be
deposited in the California Environmental License Plate Fund to be
used, upon appropriation by the Legislature, for specified trust
purposes.
This bill would, commencing January 1, 2017, increase to $43 the
fee for the renewal, retention, transfer, or duplication of
environmental license plates. The bill would, commencing July 1,
2017, increase to $53 the fee for the issuance of environmental
license plates.
(14) Under existing law, the State Water Resources Control Board
administers a water rights program pursuant to which the board grants
permits and licenses to appropriate water. Existing law allows a
person to apply for, and the board to issue, a temporary permit for
diversion and use of water, subject to certain restrictions. Existing
law allows a permittee or licensee who has an urgent need to change
a point of diversion, place of use, or purpose of use to petition
for, and the board to issue, a temporary change order, subject to
certain restrictions. Existing law provides that the authorization
for a temporary permit or a temporary change order automatically
expires 180 days after the date the
authorization takes effect and that the 180-day
period does not include any time required for monitoring, reporting,
or mitigation before or after the authorization to divert or use
water under the temporary permit or temporary change order.
This bill would provide that if the temporary permit or temporary
change order authorizes diversion to storage, the 180-day period is a
limitation on the authorization to divert and not a limitation on
the authorization for beneficial use of water diverted to storage.
Under existing law, the board and the California regional water
quality control boards prescribe waste discharge requirements in
accordance with the federal national pollutant discharge elimination
system permit program established by the federal Clean Water Act, and
the Porter-Cologne Water Quality Control Act (the act). The act
establishes 9 regions, each governed by a California regional water
quality control board comprised of 7 members appointed by the
Governor, with prescribed experience or associations. Existing law
requires that each member of a regional board receive $100 for each
day that member is engaged in the performance of official duties,
except that a member is not entitled to compensation if the member
otherwise receives compensation from other sources for performing
those duties. Existing law prohibits the total compensation received
by members of each regional board from exceeding, in any one fiscal
year, the sum of $13,500.
This bill would require that each member of a regional board
receive $250 for each day during which that member is engaged in the
performance of official duties, without regard to compensation from
other sources, and would specify that the performance of official
duties includes reviewing agenda materials for no more than one day
in preparation for each regional board meeting. This bill would
prohibit the total compensation received by members of all of the
regional boards from exceeding the sum of $378,250 in any one fiscal
year.
(15) Existing law, the Water Quality, Supply, and Infrastructure
Improvement Act of 2014, approved by the voters as Proposition 1 at
the November 4, 2014, statewide general election, authorizes the
issuance of general obligation bonds in the amount of $7,545,000,000
to finance a water quality, supply, and infrastructure improvement
program. The act requires each state agency that receives an
appropriation from the funding made available by the act to
administer a competitive grant or loan program under the act's
provisions to develop and adopt project solicitation and evaluation
guidelines before disbursing the grants or loans. The act requires
the Secretary of the Natural Resources Agency to publish and post on
the Natural Resources Agency's Internet Web site specified
information in order to facilitate oversight of funding and projects.
The act requires each state agency that receives an appropriation of
funding made available by the act to be responsible for establishing
metrics of success and reporting the status of projects and all uses
of the funding on the state's bond accountability Internet Web site.
Existing law requires each state agency that receives an
appropriation of funding made available by the act to evaluate the
outcomes of projects, report this evaluation on the state's bond
accountability Internet Web site, and to hold a grantee of funds
accountable for completing projects funded by the act on time and
within scope.
This bill, on or before January 10, 2017, and annually on or
before each January 10 thereafter, would require the Natural
Resources Agency to submit to the relevant fiscal and policy
committees of the Legislature and to the Legislative Analyst's Office
a report that contains certain information relating to the act for
the previous fiscal year. The bill would repeal this reporting
requirement on January 1, 2022.
Existing law, the California Emergency Services Act, sets forth
the emergency powers of the Governor under its provisions and
empowers the Governor to proclaim a state of emergency for certain
conditions, including drought. During a state of emergency, existing
law authorizes the Governor to suspend any regulatory statute, or
statute prescribing the procedure for conduct of state business, or
the orders, rules, or regulations of any state agency where the
Governor determines and declares that strict compliance with any
statute, order, rule, or regulation would in any way prevent, hinder,
or delay the mitigation of the effects of the emergency. Pursuant to
this authority, the Governor proclaimed a state of emergency, and a
continued state of emergency, due to drought conditions and suspended
certain statutes.
This bill would require the Natural Resources Agency, on or before
January 1, 2020, to submit to the relevant fiscal and policy
committees of the Legislature and to the Legislative Analyst's Office
a report summarizing lessons learned from the state's response to
the drought and would require the report to compile information from
various state entities responsible for drought response activities.
(16) Existing law appropriates $3,750,000 on an annual basis only
from fee revenue in the Water Rights Fund to the State Water
resources Control Board for the purpose of funding 25 permanent water
enforcement right positions.
This bill would limit that appropriation in a specific manner.
(17) This bill would appropriate $230,000 from the Timber
Regulation and Forest Restoration Fund to the Secretary of the
Natural Resources Agency to provide public process and scientific
expertise and per diem payments to nongovernmental participants of
Timber Regulation and Forest Restoration Program working groups.
(18) The California Constitution requires the state to reimburse
local agencies and school districts for certain costs mandated by the
state. Statutory provisions establish procedures for making that
reimbursement.
This bill would provide that no reimbursement is required by this
act for a specified reason.
(19) 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 2016.
Vote: majority. Appropriation: no yes
. Fiscal committee: no yes .
State-mandated local program: no yes .
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 1602 of the Fish and
Game Code is amended to read:
1602. (a) An entity may shall not
substantially divert or obstruct the natural flow of, or
substantially change or use any material from the bed, channel, or
bank of, any river, stream, or lake, or deposit or dispose of debris,
waste, or other material containing crumbled, flaked, or ground
pavement where it may pass into any river, stream, or lake, unless
all of the following occur:
(1) The department receives written notification regarding the
activity in the manner prescribed by the department. The notification
shall include, but is not limited to, all of the following:
(A) A detailed description of the project's location and a map.
(B) The name, if any, of the river, stream, or lake affected.
(C) A detailed project description, including, but not limited to,
construction plans and drawings, if applicable.
(D) A copy of any document prepared pursuant to Division 13
(commencing with Section 21000) of the Public Resources Code.
(E) A copy of any other applicable local, state, or federal permit
or agreement already issued.
(F) Any other information required by the department.
(2) The department determines the notification is complete in
accordance with Chapter 4.5 (commencing with Section 65920) of
Division 1 of Title 7 of the Government Code, irrespective of whether
the activity constitutes a development project for the purposes of
that chapter.
(3) The entity pays the applicable fees, pursuant to Section 1609.
(4) One of the following occurs:
(A)
(i)
(A) (i) The department informs
the entity, in writing, that the activity will not substantially
adversely affect an existing fish or wildlife resource, and that the
entity may commence the activity without an agreement, if the entity
conducts the activity as described in the notification, including any
measures in the notification that are intended to protect fish and
wildlife resources.
(ii) Each region of the department shall log the notifications of
activities where no agreement is required. The log shall list the
date the notification was received by the department, a brief
description of the proposed activity, and the location of the
activity. Each item shall remain on the log for one year. Upon
written request by any person, a regional office shall send the log
to that person monthly for one year. A request made pursuant to this
clause may be renewed annually.
(B) The department determines that the activity may substantially
adversely affect an existing fish or wildlife resource and issues a
final agreement to the entity that includes reasonable measures
necessary to protect the resource, and the entity conducts the
activity in accordance with the agreement.
(C) A panel of arbitrators issues a final agreement to the entity
in accordance with subdivision (b) of Section 1603, and the entity
conducts the activity in accordance with the agreement.
(D) The department does not issue a draft agreement to the entity
within 60 days from the date notification is complete, and the entity
conducts the activity as described in the notification, including
any measures in the notification that are intended to protect fish
and wildlife resources.
(b) (1) If an activity involves the routine maintenance and
operation of water supply, drainage, flood control, or waste
treatment and disposal facilities, notice to and agreement with the
department shall not be required after the initial notification and
agreement, unless the department determines either of the following:
(A) The work described in the agreement has substantially changed.
(B) Conditions affecting fish and wildlife resources have
substantially changed, and those resources are adversely affected by
the activity conducted under the agreement.
(2) This subdivision applies only if notice to, and agreement
with, the department was attained prior to January 1, 1977, and the
department has been provided a copy of the agreement or other proof
of the existence of the agreement that satisfies the department, if
requested.
(c) Notwithstanding subdivision (a), the department is not
required to determine whether the notification is complete or
otherwise process the notification until the department has received
the applicable fees.
(c)
(d) It is unlawful for any person
entity to violate this chapter.
SEC. 2. Section 1609 of the Fish and
Game Code is amended to read:
1609. (a) The director department
may establish a graduated schedule of fees to be charged to any
entity subject to this chapter. The fees charged shall be established
in an amount necessary to pay the total costs incurred by the
department in administering and enforcing this chapter, including,
but not limited to, preparing and submitting agreements and
conducting inspections. The department may
shall annually adjust the fees pursuant to Section 713. Fees
received pursuant to this section shall be deposited in the Fish and
Game Preservation Fund.
(b) (1) The fee schedule established pursuant to subdivision (a)
may not impose shall not include a fee
that exceeds five thousand dollars ($5,000) for any
agreement. single project.
(2) The fee limitation described in paragraph (1) does not apply
to any project included in any agreement issued pursuant
to subdivision (g) of Section 1605.
SEC. 3. Section 1610 of the Fish and
Game Code is amended to read:
1610. (a) Except as provided in subdivision (b), this chapter
does not apply to any of the following:
(1) Immediate emergency work necessary to protect life or
property.
(2) Immediate emergency repairs to public service facilities
necessary to maintain service as a result of a disaster in an area in
which a state of emergency has been proclaimed by the Governor
pursuant to Chapter 7 (commencing with Section 8550) of Division 1 of
Title 2 of the Government Code.
(3) Emergency projects undertaken, carried out, or approved by a
state or local governmental agency to maintain, repair, or restore an
existing highway, as defined in Section 360 of the Vehicle Code,
within the existing right-of-way of the highway, that has been
damaged as a result of fire, flood, storm, earthquake, land
subsidence, gradual earth movement, or landslide, within one year of
the damage. Work needed in the vicinity above and below a highway may
be conducted outside of the existing right-of-way if it is needed to
stop ongoing or recurring mudslides, landslides, or erosion that
pose an immediate threat to the highway, or to restore those roadways
damaged by mudslides, landslides, or erosion to their predamage
condition and functionality. This paragraph does not exempt from this
chapter any project undertaken, carried out, or approved by a state
or local governmental agency to expand or widen a highway damaged by
fire, flood, storm, earthquake, land subsidence, gradual earth
movement, or landslide. The exception provided in this paragraph does
not apply to a highway designated as an official state scenic
highway pursuant to Section 262 of the Streets and Highways Code.
(b) The entity performing the emergency work described in
subdivision (a) shall notify the department of the work, in writing,
within 14 days of beginning the work. Any work described in the
emergency notification that does not meet the criteria for the
emergency work described in subdivision (a) is a violation of this
chapter if the entity did not first notify the department in
accordance with Section 1602. 1602 or 1611.
SEC. 4. Section 1613 of the Fish and
Game Code is amended to read:
1613. If, after receiving a notification, but before the
department executes a final agreement, the director of
the department informs the entity, in writing, that the
activity described in the notification, or any activity or conduct by
the entity directly related thereto, violates any provision of this
code or the regulations that implement the code, the department may
suspend processing the notification, and subparagraph (D) of
paragraph (4) of subdivision (a) of Section 1602 and the timelines
specified in Section 1603 do not apply. This section ceases to apply
if any of the following occurs:
(a) The department determines that the violation has been
remedied.
(b) Legal action to prosecute the violation is not filed within
the applicable statute of limitations.
(c) Legal action to prosecute the violation has been terminated.
SEC. 5. Section 1615 of t he
Fish and Game Code is amended to read:
1615. (a) A person who An entity that
violates this chapter is subject to a civil penalty of not more
than twenty-five thousand dollars ($25,000) for each violation.
(b) The civil penalty imposed pursuant to subdivision (a) is
separate from, and in addition to, any other civil penalty imposed
pursuant to this section or any other provision of the law.
(c) In determining the amount of any civil penalty imposed
pursuant to this section, the court shall take into consideration all
relevant circumstances, including, but not limited to, the nature,
circumstance, extent, and gravity of the violation. In making this
determination, the court may consider the degree of toxicity and
volume of the discharge, the extent of harm caused by the violation,
whether the effects of the violation may be reversed or mitigated,
and, with respect to the defendant, the ability to pay, the effect of
any civil penalty on the ability to continue in business, any
voluntary cleanup efforts undertaken, any prior history of
violations, the gravity of the behavior, the economic benefit, if
any, resulting from the violation, and any other matters the court
determines that justice may require.
(d) Every civil action brought under this section shall be brought
by the Attorney General upon complaint by the department, or by the
district attorney or city attorney in the name of the people of the
State of California, and any actions relating to the same violation
may be joined or consolidated.
(e) (1) In any civil action brought pursuant to this chapter in
which a temporary restraining order, preliminary injunction, or
permanent injunction is sought, it is not necessary to allege or
prove at any stage of the proceeding any of the following:
(A) That irreparable damage will occur if the temporary
restraining order, preliminary injunction, or permanent injunction is
not issued.
(B) That the remedy at law is inadequate.
(2) The court shall issue a temporary restraining order,
preliminary injunction, or permanent injunction in a civil action
brought pursuant to this chapter without the allegations and without
the proof specified in paragraph (1).
(f) All civil penalties collected pursuant to this section shall
not be considered fines or forfeitures as defined in Section 13003,
and shall be apportioned in the following manner:
(1) Fifty percent shall be distributed to the county treasurer of
the county in which the action is prosecuted. Amounts paid to the
county treasurer shall be deposited in the county fish and wildlife
propagation fund established pursuant to Section 13100.
(2) Fifty percent shall be distributed to the department for
deposit in the Fish and Game Preservation Fund. These funds may be
expended to cover the costs of any legal actions or for any other law
enforcement purpose consistent with Section 9 of Article XVI of the
California Constitution.
SEC. 6. Section 2081.2 is added to the Fish and Game
Code, to read:
2081.2. (a) For the purposes of this section, the following terms
have the following meanings:
(1) "Permit" means any authorization issued by the department
pursuant to this article to take a species listed by this chapter as
candidate, threatened, or endangered.
(2) "Permittee" includes any individual, firm, association,
organization, partnership, business, trust, corporation, limited
liability company, district, city, county, city and county, town,
federal agency, and the state who applies for or who has received a
permit pursuant to this article.
(3) "Project" has the same meaning as defined in Section 21065 of
the Public Resources Code.
(4) "Project cost" means the total direct and indirect project
expenses that include, but are not limited to, labor, equipment,
permanent materials and supplies, subcontracts, permits and licenses,
overhead, and miscellaneous costs.
(5) "Voluntary habitat restoration project" means a project that
meets both of the following requirements:
(A) The project's primary purpose is voluntary habitat restoration
and the project may have other environmental benefits, and the
project is not required as mitigation due to a regulatory action.
(B) The project is not part of a regulatory settlement, a
regulatory enforcement action, or a court order.
(b) (1) The department shall collect a permit application fee for
processing a permit application submitted pursuant to this article at
the time the permit application is submitted to the department.
Notwithstanding Section 2098, upon appropriation to the department
from the Endangered Species Permitting Account, the department shall
use the permit application fee to pay for all or a portion of the
department's cost of processing permit applications, permit
development, and compliance monitoring pursuant to this article.
(2) This subdivision does not apply to any of the following:
(A) Activities or costs associated with the review of projects,
inspection and oversight of projects, and permits necessary to
conduct timber operations, as defined in Section 4527 of the Public
Resources Code, in accordance with Article 9.5 (commencing with
Section 4629) of Chapter 8 of Part 2 of Division 4 of the Public
Resources Code.
(B) Permits or memoranda of understanding authorized by
subdivision (a) of Section 2081.
(C) Permits for voluntary habitat restoration projects.
(c) The department shall assess the permit application fee as
follows, subject to subdivision (f):
(1) For a project, regardless of estimated project cost, that is
subject only to Section 2080.1, 2080.3, or 2080.4, the department
shall assess either of the following amounts:
(A) Seven thousand five hundred dollars ($7,500).
(B) Six thousand dollars ($6,000), if the project uses a
department-approved conservation or mitigation bank to fulfill
mitigation obligations pursuant to this article.
(2) For a project where the estimated project cost is less than
one hundred thousand dollars ($100,000), the department shall assess
either of the following amounts:
(A) Seven thousand five hundred dollars ($7,500).
(B) Six thousand dollars ($6,000), if the project uses a
department-approved conservation or mitigation bank to fulfill
mitigation obligations pursuant to this article.
(3) For a project where the estimated project cost is one hundred
thousand dollars ($100,000) or more but less than five hundred
thousand dollars ($500,000), the department shall assess either of
the following amounts:
(A) Fifteen thousand dollars ($15,000).
(B) Twelve thousand dollars ($12,000), if the project uses a
department-approved conservation or mitigation bank to fulfill
mitigation obligations pursuant to this article.
(4) For a project where the estimated project cost is five hundred
thousand dollars ($500,000) or more, the department shall assess
either of the following amounts:
(A) Thirty thousand dollars ($30,000).
(B) Twenty-four thousand dollars ($24,000), if the project uses a
department-approved conservation or mitigation bank to fulfill
mitigation obligations pursuant to this article.
(5) The department shall collect a fee of seven thousand five
hundred dollars ($7,500) for processing permit amendments that the
department has determined are minor as defined in regulation or
fifteen thousand dollars ($15,000) for processing permit amendments
that the department has determined are major as defined in
regulation.
(d) (1) If the permit or amendment application fee paid pursuant
to subdivision (c) is determined by the department to be insufficient
to complete permitting work due to the complexity of a project or
the potential effects of a project, the department shall collect an
additional fee of up to ten thousand dollars ($10,000) from the
permittee to pay for its estimated costs. Upon its determination, the
department shall notify the permittee of the reasons why an
additional fee is necessary and the estimated amount of the
additional fee.
(2) The additional fee collected pursuant to paragraph (1) shall
not exceed an amount that, when added to the fee paid pursuant to
subdivision (c), equals thirty-five thousand dollars ($35,000). The
department shall collect the additional fee before a final decision
on the application by the department.
(e) (1) For an application submitted to the department pursuant to
this article on or after the effective date of this section, the
department shall collect the permit application fee at the time the
permit application is submitted. The department shall not deem the
application complete until it has collected the permit application
fee. A permit application submitted or deemed complete prior to the
effective date of this section shall not be subject to fees
established pursuant to this section.
(2) If a permit or amendment application is withdrawn within 30
days after paying the permit or amendment application fee, the
department shall refund any unused portion of the fee to the
permittee.
(3) If a permit or amendment application is withdrawn after 30
days of paying the permit or amendment application fee, the
department shall not refund any portion of the fee to the permittee.
(f) (1) The department shall adjust the fees in this section
pursuant to Section 713.
(2) The Legislature finds that all revenues generated under this
section and used for the purposes for which they were imposed are not
subject to Article XIII B of the California Constitution.
(3) The department, at least every five years, shall analyze
application fees pursuant to Section 713 to ensure the appropriate
fee amounts are charged.
(g) Fees paid to the department pursuant to this section shall be
deposited in the Endangered Species Permitting Account, which is
hereby established in the Fish and Game Preservation Fund.
Notwithstanding Section 2098, funds in the account shall be available
to the department, upon appropriation by the Legislature, for the
purposes of administering and implementing this chapter, except that
fee moneys collected pursuant to this section shall only be used for
the purposes of this article.
SEC. 7. Section 2942 of the Fish and
Game Code is amended to read:
2942. (a) (1) The secretary, in consultation and coordination
with the authority, shall lead the Salton Sea restoration efforts
that shall include all of the following:
(A) Early start habitat demonstration projects.
(B) Biological investigations relating to the restoration of the
Salton Sea.
(C) Investigations of water quality, sedimentation, and inflows
relating to the restoration of the Salton Sea.
(D) Air quality investigations, in consultation and coordination
with local and regional air quality agencies, relating to the
restoration of the Salton Sea.
(E) Geotechnical investigations relating to the restoration of the
Salton Sea.
(F) Financial assistance grant programs to support restoration
activities of local stakeholders.
(2) Nothing in this article shall alter any state responsibility
under the Quantification Settlement Agreement or the state's
authority to carry out any responsibility under the Quantification
Settlement Agreement.
(3) (A) To the extent that funding is appropriated to the
department for Salton Sea restoration activities, the Department of
Water Resources, in coordination and under agreement with the
department, may undertake restoration efforts identified in this
subdivision.
(B) The department and the Department of Water Resources shall do
all of the following for the Salton Sea Species Conservation Habitat
Project:
(i) Immediately make available relevant information relating to
the factors that influence the cost and size of the alternatives
discussed in the environmental impact report or environmental impact
statement for the species habitat conservation program.
(ii) Release all available detail on a final project design
immediately, or upon final determination of a least environmentally
damaging preferred alternative by the United States Army Corps of
Engineers. Details of a final project design shall include location,
configuration, size, and cost.
(iii) Immediately make available project evaluation protocols that
include the following principles of adaptive management:
(I) Goals and objectives of the project.
(II) The project design and an operations plan.
(III) A monitoring plan that will include metrics that identify
benefits to the species.
(IV) A performance evaluation based on species population
identified through monitoring.
(V) A decisionmaking framework to evaluate project performance and
guide operations and management changes.
(b) (1) The authority may lead a feasibility study, in
coordination and under contract with the secretary, to do the
following:
(A) Investigate access and utility agreements that may contribute
to the future funding of restoration activities at the Salton Sea.
(B) Analyze all feasible funding sources for restoration program
components and activities.
(C) Analyze economic development opportunities, including, but not
limited to, renewable energy, biofuels, mineral development, and
algae production for the purposes of identifying new revenue sources
for the Salton Sea restoration efforts.
(D) Identify state procurement and royalty sharing opportunities.
(E) Review existing long-term plans for restoration of the Salton
Sea and recommend to the secretary changes to existing restoration
plans. In any review pursuant to this subparagraph, the authority
shall consider the impacts of the restoration plan on air quality,
fish and wildlife habitat, water quality, and the technical and
financial feasibility of the restoration plan and shall consider the
impacts on other agencies responsible for air quality, endangered
species, and other environmental mitigation requirements for
implementation of the Quantification Settlement Agreement.
(2) No evaluation, study, review, or other activity pursuant to
this article shall delay the planning and implementation of ongoing
and planned restoration or mitigation projects, including, but not
limited to, the Salton Sea Species Conservation Habitat Project or
other measures pursuant to existing state and federal programs and
agreements.
(c) Notwithstanding any other law, the Department of Water
Resources is authorized to use design-build procurement authority for
projects constructed at the Salton Sea in accordance with Article 6
(commencing with Section 10187) of Chapter 1 of Part 2 of Division 2
of the Public Contract Code.
SEC. 8. Section 12008.1 is added to the Fish and Game
Code, to read:
12008.1. (a) Notwithstanding Section 12002 or 12008, the
punishment for any violation of Section 2080 or 2085 is a fine of not
less than twenty-five thousand dollars ($25,000) or more than fifty
thousand dollars ($50,000) for each violation or imprisonment in the
county jail for not more than one year, or by both that fine and
imprisonment.
(b) Notwithstanding any other law, the moneys collected from any
fine or forfeiture imposed or collected for violating Chapter 1.5
(commencing with Section 2050) of Division 3 shall be deposited as
follows:
(1) One-half in the Endangered Species Permitting Account
established pursuant to Section 2081.2.
(2) One-half in the county treasury of the county in which the
violation occurred. The board of supervisors shall first use revenues
pursuant to this subdivision to reimburse the costs incurred by the
district attorney or city attorney in investigating and prosecuting
the violation. Any excess revenues may be expended in accordance with
Section 13103.
SEC. 9. Section 12157 of the Fish and
Game Code is amended to read:
12157. (a) Except as provided in subdivision (b), the judge
before whom any person is tried for a violation of any provision of
this code, or regulation adopted pursuant thereto, may, upon the
conviction of the person tried, order the forfeiture of any device or
apparatus that is designed to be, or is capable of being, used to
take birds, mammals, fish, reptiles, or amphibia and that was used in
committing the offense charged.
(b) The judge shall, if the offense is punishable under Section
12008 or 12008.1 of this code or under subdivision (c) of
Section 597 of the Penal Code, order the forfeiture of any device or
apparatus that is used in committing the offense, including, but not
limited to, any vehicle that is used or intended for use in
delivering, importing, or exporting any unlawfully taken, imported,
or purchased species.
(c) (1) The judge may, for conviction of a violation of any of the
following offenses, order forfeiture of any device or apparatus that
is used in committing
the offense, including, but not limited to, any vehicle used or
intended for use in committing the offense:
(A) Section 2000 relating to deer, elk, antelope, feral pigs,
European wild boars, black bears, and brown or cinnamon bears.
(B) Any offense that involves the sale, purchase, or possession of
abalone for commercial purposes.
(C) Any offense that involves the sale, purchase, or possession of
sturgeon or lobster, pursuant to Section 7370 or 8254.
(D) Any offense that involves a violation of Section 12012.
(E) A violation of subdivision (b) of Section 12013.
(2) In considering an order of forfeiture under this subdivision,
the court shall take into consideration the nature, circumstances,
extent, and gravity of the prohibited act committed, the degree of
culpability of the violator, the property proposed for forfeiture,
and other criminal or civil penalties imposed on the violator under
other provisions of law for that offense. The court shall impose
lesser forfeiture penalties under this subdivision for those acts
that have little significant effect upon natural resources or the
property of another and greater forfeiture penalties for those acts
that may cause serious injury to natural resources or the property of
another, as determined by the court. In determining whether or not
to order forfeiture of a vehicle, the court shall, in addition to any
other relevant factor, consider whether the defendant is the owner
of the vehicle and whether the owner of the vehicle had knowledge of
the violation.
(3) It is the intent of the Legislature that forfeiture not be
ordered pursuant to this subdivision for minor or inadvertent
violations, as determined by the court.
(d) A judge shall not order the forfeiture of a vehicle under this
section if there is a community property interest in the vehicle
that is owned by a person other than the defendant and the vehicle is
the only vehicle available to the defendant's immediate family that
may be operated on the highway with a class A, class B, or class C
driver's license.
(e) Any device or apparatus ordered forfeited shall be sold, used,
or destroyed by the department.
(f) (1) The proceeds from all sales under this section, after
payment of any valid liens on the forfeited property, shall be paid
into the Fish and Game Preservation Fund.
(2) A lien in which the lienholder is a conspirator is not a valid
lien for purposes of this subdivision.
(g) The provisions in this section authorizing or requiring a
judge to order the forfeiture of a device or apparatus also apply to
the judge, referee, or juvenile hearing officer in a juvenile court
action brought under Section 258 of the Welfare and Institutions
Code.
(h) For purposes of this section, a plea of nolo contendere or no
contest, or forfeiture of bail, constitutes a conviction.
(i) Neither the disposition of the criminal action other than by
conviction nor the discretionary refusal of the judge to order
forfeiture upon conviction impairs the right of the department to
commence proceedings to order the forfeiture of fish nets or traps
pursuant to Section 8630.
SEC. 10. Section 12159.5 of the Fish and
Game Code is amended to read:
12159.5. The judge before whom any person is tried for a
violation of a provision of this code that prohibits the taking of
any endangered species, threatened species, or fully protected bird,
mammal, reptile, amphibian, or fish, as specified by Section
12008, Sections 12008 and 12008.1, may, in the
court's discretion and upon the conviction of that person, order the
forfeiture of any proceeds resulting from the taking of the
endangered species, threatened species, or fully protected bird,
mammal, reptile, amphibian, or fish.
SEC. 11. Section 52334 of the Food and
Agricultural Code is repealed.
52334. Notwithstanding any other law, on and after January 1,
2015, a city, county, or district, including a charter city or
county, shall not adopt or enforce an ordinance that regulates
plants, crops, or seeds without the consent of the secretary. An
ordinance enacted before January 1, 2015, shall be considered part of
the comprehensive program of the department and shall be
enforceable.
SEC. 12. Section 52334 is added to the Food and
Agricultural Code, to read:
52334. The declaration of a plant, seed, nursery stock, or crop
as invasive is a power reserved for the secretary.
SEC. 13. Section 8670.48.3 of the
Government Code is amended to read:
8670.48.3. (a) Notwithstanding subparagraph (A) of paragraph (1)
of subdivision (f) of Section 8670.48, a loan or other transfer of
money from the fund to the General Fund or a special fund
pursuant to the Budget Act that reduces the balance of the Oil Spill
Response Trust Fund to less than or equal to 95 percent of the
designated amount specified in subdivision (a) of Section 46012 of
the Revenue and Taxation Code shall not obligate the administrator to
resume collection of the oil spill response fee otherwise required
by this article article, except that, for a
General Fund loan or transfer, the administrator's
obligation is suspended only if both of the following
conditions are met:
(1) The annual Budget Act requires a transfer or loan from the
fund to the General Fund to be repaid to the fund with
interest calculated at a rate earned by the Pooled Money Investment
Account as if the money had remained in the fund.
(2) The annual Budget Act requires all the
General Fund transfers or loans to be repaid to the fund on or
before June 30, 2017. 2019.
(b) A transfer or loan described in subdivision (a) shall be
repaid as soon as possible if a spill occurs and the administrator
determines that response funds are needed immediately.
(c) If there is a conflict between this section and any other law
or enactment, this section shall control.
(d) This section shall become inoperative on July 1,
2017, 2019, and, as of January 1, 2018,
2020, is repealed, unless a later enacted
statute, that becomes operative on or before January 1,
2018, 2020, deletes or extends the dates on
which it becomes inoperative and is repealed.
SEC. 14. Section 12812.2 of the
Government Code is amended to read:
12812.2. (a) One of the deputies to the Secretary for
Environmental Protection shall be a deputy secretary for law
enforcement and counsel, who, subject to the direction and
supervision of the secretary, shall have the responsibility and
authority to do all of the following:
(1) Develop a program to ensure that the boards, departments,
offices, and other agencies that implement laws or regulations within
the jurisdiction of the California Environmental Protection Agency
take consistent, effective, and coordinated compliance and
enforcement actions to protect public health and the environment. The
program shall include training and cross-training of inspection and
enforcement personnel of those boards, departments, offices, or other
agencies to ensure consistent, effective, and coordinated
enforcement.
(2) (A) In consultation with the Attorney
General, establish a cross-media enforcement unit to assist a board,
department, office, or other agency that implements a law or
regulation within the jurisdiction of the California Environmental
Protection Agency, to investigate and prepare matters for enforcement
action in order to protect public health and the environment. The
unit may inspect and investigate a violation of a law or regulation
within the jurisdiction of the board, department, office, or other
agency, including a violation involving more than one environmental
medium and a violation involving the jurisdiction of more than one
board, department, office, or agency. The unit shall exercise its
authority consistent with the authority granted to the head of a
department pursuant to Article 2 (commencing with Section 11180) of
Chapter 2 of Part 1.
(B) Each board, department, or office within the California
Environmental Protection Agency shall participate and have
representatives in the cross-media enforcement unit established
pursuant to this section. The unit, including those representatives,
shall undertake activities consistent with Section 71110 of the
Public Resources Code and shall give priority to activities in
disadvantaged communities identified by the California Environmental
Protection Agency pursuant to Section 39711 of the Health and Safety
Code.
(3) Refer a violation of a law or regulation within the
jurisdiction of a board, department, office, or other agency that
implements a law or regulation within the jurisdiction of the
California Environmental Protection Agency to the Attorney General, a
district attorney, or city attorney for the filing of a civil or
criminal action.
(4) Exercise the authority granted pursuant to paragraph (3) only
after providing notice to the board, department, office, or other
agency unless the secretary determines that notice would compromise
an investigation or enforcement action.
(b) Nothing in this section shall authorize the deputy secretary
for law enforcement and counsel to duplicate, overlap, compromise, or
otherwise interfere with an investigation or enforcement action
undertaken by a board, department, office, or other agency that
implements a law or regulation subject to the jurisdiction of the
California Environmental Protection Agency.
(c) The Environmental Protection Agency shall post on its Web
site, updated no later than December 1 of each year, the status of
the implementation of this section.
SEC. 15. Section 25150.7 of the Health
and Safety Code is amended to read:
25150.7. (a) The Legislature finds and declares that this section
is intended to address the unique circumstances associated with the
generation and management of treated wood waste. The Legislature
further declares that this section does not set a precedent
applicable to the management, including disposal, of other hazardous
wastes.
(b) For purposes of this section, the following definitions shall
apply:
(1) "Treated wood" means wood that has been treated with a
chemical preservative for purposes of protecting the wood against
attacks from insects, microorganisms, fungi, and other environmental
conditions that can lead to decay of the wood, and the chemical
preservative is registered pursuant to the Federal Insecticide,
Fungicide, and Rodenticide Act (7 U.S.C. Sec. 136 et seq.).
(2) "Wood preserving industry" means business concerns, other than
retailers, that manufacture or sell treated wood products in the
state.
(c) This section applies only to treated wood waste that, solely
due to the presence of a preservative in the wood, is a hazardous
waste and to which both of the following requirements apply:
(1) The treated wood waste is not subject to regulation as a
hazardous waste under the federal act.
(2) Section 25143.1.5 does not apply to the treated wood waste.
(d) (1) Notwithstanding Sections 25189.5 and 25201, treated wood
waste shall be disposed of in either a class I hazardous waste
landfill, or in a composite-lined portion of a solid waste landfill
unit that meets all requirements applicable to disposal of municipal
solid waste in California after October 9, 1993, and that is
regulated by waste discharge requirements issued pursuant to Division
7 (commencing with Section 13000) of the Water Code for discharges
of designated waste, as defined in Section 13173 of the Water Code,
or treated wood waste.
(2) A solid waste landfill that accepts treated wood waste shall
comply with all of the following requirements:
(A) Manage the treated wood waste to prevent scavenging.
(B) Ensure that any management of the treated wood waste at the
solid waste landfill before disposal, or in lieu of disposal,
complies with the applicable requirements of this chapter, except as
otherwise provided by regulations adopted pursuant to subdivision
(f).
(C) If monitoring at the composite-lined portion of a landfill
unit at which treated wood waste has been disposed of indicates a
verified release, then treated wood waste shall not be discharged to
that landfill unit until corrective action results in cessation of
the release.
(e) (1) Each wholesaler and retailer of treated wood and treated
wood-like products in this state shall conspicuously post information
at or near the point of display or customer selection of treated
wood and treated wood-like products used for fencing, decking,
retaining walls, landscaping, outdoor structures, and similar uses.
The information shall be provided to wholesalers and retailers by the
wood preserving industry in 22-point type, or larger, and contain
the following message:
Warning--Potential Danger
These products are treated with wood preservatives registered with
the United States Environmental Protection Agency and the California
Department of Pesticide Regulation and should only be used in
compliance with the product labels.
This wood may contain chemicals classified by the State of
California as hazardous and should be handled and disposed of with
care. Check product label for specific preservative information and
Proposition 65 warnings concerning presence of chemicals known to the
State of California to cause cancer or birth defects.
Anyone working with treated wood, and anyone removing old treated
wood, needs to take precautions to minimize exposure to themselves,
children, pets, or wildlife, including:
? Avoid contact with skin. Wear gloves and long sleeved shirts when
working with treated wood. Wash exposed areas thoroughly with mild
soap and water after working with treated wood.
? Wear a dust mask when machining any wood to reduce the inhalation
of wood dusts. Avoid frequent or prolonged inhalation of sawdust
from treated wood. Machining operations should be performed outdoors
whenever possible to avoid indoor accumulations of airborne sawdust.
? Wear appropriate eye protection to reduce the potential for eye
injury from wood particles and flying debris during machining.
? If preservative or sawdust accumulates on clothes, launder before
reuse. Wash work clothes separately from other household clothing.
? Promptly clean up and remove all sawdust and scraps and dispose
of appropriately.
? Do not use treated wood under circumstances where the
preservative may become a component of food or animal feed.
? Only use treated wood that's visibly clean and free from surface
residue for patios, decks, or walkways.
? Do not use treated wood where it may come in direct or indirect
contact with public drinking water, except for uses involving
incidental contact such as docks and bridges.
? Do not use treated wood for mulch.
? Do not burn treated wood. Preserved wood should not be burned in
open fires, stoves, or fireplaces.
For further information, go to the Internet Web site
http://www.preservedwood.org and download the free Treated Wood Guide
mobile application.
In addition to the above listed precautions, treated wood waste
shall be managed in compliance with applicable hazardous waste
control laws.
(2) On or before July 1, 2005, the wood preserving industry shall,
jointly and in consultation with the department, make information
available to generators of treated wood waste, including fencing,
decking, and landscape contractors, solid waste landfills, and
transporters, that describes how to best handle, dispose of, and
otherwise manage treated wood waste, through the use either of a
toll-free telephone number, Internet Web site, information labeled on
the treated wood, information accompanying the sale of the treated
wood, or by mailing if the department determines that mailing is
feasible and other methods of communication would not be as
effective. A treated wood manufacturer or supplier to a wholesaler or
retailer shall also provide the information with each shipment of
treated wood products to a wholesaler or retailer, and the wood
preserving industry shall provide it to fencing, decking, and
landscaping contractors, by mail, using the Contractors' State
License Board's available listings, and license application packages.
The department may provide guidance to the wood preserving industry,
to the extent resources permit.
(f) (1) On or before January 1, 2007, the department, in
consultation with the Department of Resources Recycling and Recovery,
the State Water Resources Control Board, and the Office of
Environmental Health Hazard Assessment, and after consideration of
any known health hazards associated with treated wood waste, shall
adopt and may subsequently revise as necessary, regulations
establishing management standards for treated wood waste as an
alternative to the requirements specified in this chapter and the
regulations adopted pursuant to this chapter.
(2) The regulations adopted pursuant to this subdivision shall, at
a minimum, ensure all of the following:
(A) Treated wood waste is properly stored, treated, transported,
tracked, disposed of, and otherwise managed to prevent, to the extent
practical, releases of hazardous constituents to the environment,
prevent scavenging, and prevent harmful exposure of people, including
workers and children, aquatic life, and animals to hazardous
chemical constituents of the treated wood waste.
(B) Treated wood waste is not reused, with or without treatment,
except for a purpose that is consistent with the approved use of the
preservative with which the wood has been treated. For purposes of
this subparagraph, "approved uses" means a use approved at the time
the treated wood waste is reused.
(C) Treated wood waste is managed in accordance with all
applicable laws.
(D) Any size reduction of treated wood waste is conducted in a
manner that prevents the uncontrolled release of hazardous
constituents to the environment, and that conforms to applicable
worker health and safety requirements.
(E) All sawdust and other particles generated during size
reduction are captured and managed as treated wood waste.
(F) All employees involved in the acceptance, storage, transport,
and other management of treated wood waste are trained in the safe
and legal management of treated wood waste, including, but not
limited to, procedures for identifying and segregating treated wood
waste.
(g) (1) A person managing treated wood waste who is subject to a
requirement of this chapter, including a regulation adopted pursuant
to this chapter, shall comply with either the alternative standard
specified in the regulations adopted pursuant to subdivision (f) or
with the requirements of this chapter.
(2) A person who is in compliance with the alternative standard
specified in the regulations adopted pursuant to subdivision (f) is
deemed to be in compliance with the requirement of this chapter for
which the regulation is identified as being an alternative, and the
department and any other entity authorized to enforce this chapter
shall consider that person to be in compliance with that requirement
of this chapter.
(h) On January 1, 2005, all variances granted by the department
before January 1, 2005, governing the management of treated wood
waste are inoperative and have no further effect.
(i) This section does not limit the authority or responsibility of
the department to adopt regulations under any other law.
(j) (1) On or before
January July 1, 2018, the department
shall prepare, post on its Internet Web site, and provide to the
appropriate policy committees of the Legislature, a comprehensive
report on the compliance with, and implementation of, this section.
The report shall include, but not be limited to, all of the
following:
(A)
(1) Data, and evaluation of that data, on the rates of
compliance with this section and injuries associated with handling
treated wood waste based on department inspections of treated wood
waste generator sites and treated wood waste disposal facilities. To
gather data to perform the required evaluation, the department shall
do all of the following:
(i)
(A) The department shall inspect representative treated
wood waste generator sites and treated wood waste disposal
facilities, which shall not to be less than 25 percent of each.
(ii)
(B) The department shall survey and otherwise seek
information on how households are currently handling, transporting,
and disposing of treated wood waste, including available information
from household hazardous waste collection facilities, solid waste
transfer facilities, solid waste disposal facility load check
programs, and CUPAs.
(iii)
(C) The department shall, by survey or otherwise, seek
data to determine whether sufficient information and convenient
collection and disposal options are available to household generators
of treated wood waste.
(B)
(2) An evaluation of the adequacy of protective
measures taken in tracking, handling, and disposing of treated wood
waste.
(C)
(3) Data regarding the unauthorized disposal of treated
wood waste at disposal facilities that have not been approved for
that disposal.
(D)
(4) Conclusions regarding the handling of treated wood
waste.
(E)
(5) Recommendations for changes to the handling of
treated wood waste to ensure the protection of public health and the
environment.
(2) The requirement for submitting a report imposed under this
subdivision is inoperative on January 1, 2022, pursuant to Section
10231.5 of the Government Code.
(k) This section shall become inoperative on December 31, 2020,
and, as of January 1, 2021, is repealed, unless a later enacted
statute, that becomes operative on or before January 1, 2021, deletes
or extends the dates on which it becomes inoperative and is
repealed.
SEC. 16. Section 25150.84 of the Health
and Safety Code is amended to read:
25150.84. (a) The department is authorized to collect an annual
fee from all metal shredding facilities that are subject to the
requirements of this chapter or to the alternative management
standards adopted pursuant to Section 25150.82. The department shall
establish and adopt regulations necessary to administer this fee and
to establish a fee schedule that is set at a rate sufficient to
reimburse the department's costs to implement this chapter as
applicable to metal shredder facilities. The fee schedule established
by the department may be updated periodically as necessary and shall
provide for the assessment of no more than the reasonable and
necessary costs of the department to implement this chapter, as
applicable to metal shredder facilities.
(b) The Controller shall establish a separate subaccount in the
Hazardous Waste Control Account. The fees collected pursuant to this
section shall be deposited into the subaccount and be available for
expenditure by the department upon appropriation by the Legislature.
(c) A regulation adopted pursuant to this section may be adopted
as an emergency regulation in accordance with Chapter 3.5 (commencing
with Section 11340) of Part 1 of Division 3 of Title 2 of the
Government Code, and for the purposes of that chapter, including
Section 11349.6 of the Government Code, the adoption of these
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, safety, and general welfare. Notwithstanding
Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3
of Title 2 of the Government Code, an emergency regulation 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 for a period of two years or until revised by the department,
whichever occurs sooner.
(d) (1) A metal shredding facility paying an annual fee in
accordance with this section shall be exempt from the following fees
as the fees pertain to metal shredding activities and the generation,
handling, management, transportation, and disposal of metal shredder
waste:
(A) A fee imposed pursuant to subdivision (a) or (d) of
Section 25205.7.
(B) A disposal fee imposed pursuant to Section 25174.1.
(C) A facility fee imposed pursuant to Section 25205.2.
(D) A generator fee imposed pursuant to Section 25205.5.
(E) A transportable treatment unit fee imposed pursuant to Section
25205.14.
(2) A metal shredding facility is not exempt from the fees listed
in paragraph (1) for any other hazardous waste the metal shredding
facility generates and handles.
SEC. 17. Section 25189.3 of the Health
and Safety Code is amended to read:
25189.3. (a) For purposes of this section, the term "permit"
means a hazardous waste facilities permit, interim status
authorization, or standardized permit.
(b) The department shall suspend the permit of any facility for
nonpayment of any facility fee assessed pursuant to Section 25205.2
or activity fee assessed pursuant to subdivision (d) of
Section 25205.7, if the operator of the facility is subject
to the fee, and if the department or State Board of
Equalization has certified in writing to all of the following:
(1) The facility's operator is delinquent in the payment of the
fee for one or more reporting periods.
(2) The department or State Board of Equalization has
notified the facility's operator of the delinquency.
(3) The (A) For a
facility operator that elected to pay the flat activity fee rate
pursuant subdivision (d) of Section 25205.7, as that section read on
January 1, 2016, the operator has exhausted the
his or her administrative rights of appeal
provided by Chapter 3 (commencing with Section 43151) of Part 22 of
Division 2 of the Revenue and Taxation Code, and the State Board of
Equalization has determined that the operator is liable for the fee,
or that the operator has failed to assert those rights.
(B) For a facility operator that pays the activity fee under a
reimbursement agreement with the department pursuant to subdivision
(a) of Section 25205.7, the operator has exhausted the dispute
resolution procedures adopted by the department pursuant to
subparagraph (H) of paragraph (2) of subdivision (b) of Section
25206.2.
(c) (1) The department shall suspend the permit of any
facility for nonpayment of a penalty assessed upon the owner or
operator for failure to comply with this chapter or the regulations
adopted pursuant to this chapter, if the penalty has been imposed by
a trial court judge or by an administrative hearing officer, if the
person has agreed to pay the penalty pursuant to a written agreement
resolving a lawsuit or an administrative order, or if the penalty has
become final due to the person's failure to respond to the lawsuit
or order.
(2) The department may suspend a permit pursuant to this
subdivision only if the owner or operator is delinquent in the
payment of the penalty and the department has notified the owner or
operator of the delinquency pursuant to subdivision (d).
(d) Before suspending a permit pursuant to this section, the
department shall notify the owner or operator of its intent to do so,
and shall allow the owner or operator a minimum of 30 days in which
to cure the delinquency.
(e) The department may deny a new permit or refuse to renew a
permit on the same grounds for which the department is required to
suspend a permit under this section, subject to the same requirements
and conditions.
(f) (1) The department shall reinstate a permit that is suspended
pursuant to this section upon payment of the amount due,
due if the permit has not otherwise been revoked
or suspended pursuant to any other provision of this chapter or
regulation. Until the department reinstates a permit suspended
pursuant to this section, if the facility stores, treats, disposes
of, or recycles hazardous wastes, the facility shall be in violation
of this chapter. If the operator of the facility subsequently pays
the amount due, the period of time for which the operator shall have
been in violation of this chapter shall be from the date of the
activity that is in violation until the day after the owner or
operator submits the payment to the department.
(2) Except as otherwise provided in this section, the department
is not required to take any other statutory or regulatory procedures
governing the suspension of the permit before suspending a permit in
compliance with the procedures of this section.
(g) (1) A suspension under this section shall be stayed while an
authorized appeal of the fee or penalty is pending before a court or
an administrative agency.
(2) For purposes of this subdivision, "an authorized appeal" means
any appeal allowed pursuant to an applicable regulation or statute.
(h) The department may suspend a permit under this section based
on a failure to pay the required fee or penalty that commenced
prior to before January 1, 2002, if the
failure to pay has been ongoing for at least 30 days following that
date.
(i) Notwithstanding Section 43651 of the Revenue and Taxation
Code, the suspension of a permit pursuant to this section, the reason
for the suspension, and any documentation supporting the suspension,
shall be a matter of public record.
(j) (1) This section does not authorize the department to suspend
a permit held by a government agency if the agency does not dispute
the payment but nonetheless is unable to process the payment in a
timely manner.
(2) This section does not apply to a site owned or operated by a
federal agency if the department has entered into an agreement with
that federal agency regarding the remediation of that site.
(k) This section does not limit or supersede Section 25186.
SEC. 18. Section 25205.7 of the Health
and Safety Code is amended to read:
25205.7. (a) (1) Except as otherwise provided in this
section, any A person who applies for, or
requests, one any of the following
shall enter into a written agreement with the department pursuant to
which that person shall reimburse the department, pursuant to Article
9.2 (commencing with Section 25206.1), for the costs incurred by the
department in processing the application or responding to the
request:
(A) A new hazardous waste facilities permit, including a
standardized permit.
(B) A hazardous waste facilities permit for postclosure.
(C) A renewal of an existing hazardous waste facilities permit,
including a standardized permit or postclosure permit.
(D) A class 2 or class 3 modification of an existing hazardous
waste facilities permit or grant of interim status, including a
standardized permit or grant of interim status or a postclosure
permit.
(E) A variance.
(F) A waste classification determination.
(2) Any An agreement
required pursuant to paragraph (1) may shall
provide for some, or all, at least 25
percent of the reimbursement to be made in advance of the
processing of the application or the response to the request.
The 25-percent advance payment shall be based upon the department's
total estimated costs of processing the application or response to
the request.
(3) Any An agreement entered into
pursuant to this subdivision may section
shall, if applicable, include costs of reviewing and overseeing
corrective action as set forth in subdivision (b).
(4) This subdivision does not apply to any application or request
submitted to the department prior to July 1, 1998. Any person who
submitted such an application or request shall pay the applicable
fee, if not already paid, for the application or request as required
by this chapter as it read prior to January 1, 1998, unless the
department and the applicant or requester mutually agree to enter
into a reimbursement agreement in lieu of any unpaid portion of the
required fee.
(b) The department shall recover all An
applicant pursuant to paragraph (1) of subdivision (a) and
the owner and the operator of the facility shall pay the
department's costs in reviewing and overseeing any corrective action
program described in the application for a standardized permit
pursuant to subparagraph (C) of paragraph (2) of subdivision (c) of
Section 25201.6 or required pursuant to subdivision (b) of Section
25200.10, and in reviewing and overseeing any corrective action work
undertaken at the facility pursuant to that corrective action
program.
(c) (1) An applicant pursuant to paragraph (1) of subdivision (a)
and the owner and the operator of the facility shall, pursuant to
Section 21089 of the Public Resources Code, pay all costs incurred by
the department for purposes of complying with the California
Environmental Quality Act (Division 13 (commencing with Section
21000) of the Public Resources Code), in conjunction with an
application or request for any of the activities identified in
subdivision (a), including any activities associated with correction
action.
(2) Paragraph (1) does not apply to projects that are exempt from
the California Environmental Quality Act (Division 13 (commencing
with Section 21000) of the Public Resources Code).
(c)
(d) Any reimbursements received pursuant to this
section shall be placed in the Hazardous Waste Control Account for
appropriation in accordance with Section 25174.
(d) (1) In lieu of entering into a reimbursement agreement with
the department pursuant to subdivision (a), any person who applies
for a new permit, a permit for postclosure, a renewal of an existing
permit, or a class 2 or class 3 permit modification may instead elect
to pay a fee as follows:
(A) A person submitting a hazardous waste facilities permit
application for a land disposal facility shall pay one hundred four
thousand one hundred eighty-seven dollars ($104,187) for a small
facility, two hundred twenty-two thousand one hundred eighty-three
dollars ($222,183) for a medium facility, and three hundred
eighty-one thousand six hundred two dollars ($381,602) for a large
facility.
(B) A person submitting a hazardous waste facilities permit
application for any incinerator shall pay sixty-two thousand seven
hundred sixty-two dollars ($62,762) for a small facility, one hundred
thirty-three thousand sixty dollars ($133,060) for a medium
facility, and two hundred twenty-eight thousand four hundred
fifty-eight dollars ($228,458) for a large facility.
(C) Except as provided in subparagraph (D), a person submitting a
hazardous waste facility permit application for a storage facility,
a treatment facility, or a storage and treatment facility shall pay
twenty-one thousand three hundred forty dollars ($21,340) for a small
facility, thirty-eight thousand nine hundred thirteen dollars
($38,913) for a medium facility, and seventy-five thousand three
hundred seventeen dollars ($75,317) for a large facility.
(D) A person submitting an application for a standardized permit
for a storage facility, a treatment facility, or a storage and
treatment facility, as specified in Section 25201.6, shall pay
thirty-two thousand fifty-two dollars ($32,052) for a Series A
standardized permit, twenty thousand eleven dollars ($20,011) for a
Series B standardized permit, and five thousand three hundred
thirty-two dollars ($5,332) for a Series C standardized permit. The
board shall assess the fees specified in this subparagraph, in
accordance with paragraph (2), based upon the classifications
specified in subdivision (a) of Section 25201.6.
(E) (i) A person submitting a hazardous waste facilities permit
application for a transportable treatment unit shall pay sixteen
thousand three hundred twenty dollars ($16,320) for a small unit,
thirty-seven thousand six hundred fifty-seven dollars ($37,657) for a
medium unit, and seventy-five thousand three hundred seventeen
dollars ($75,317) for a large unit.
(ii) Notwithstanding clause (i), the fee for any application for
a new permit, permit modification, or permit renewal for a
transportable treatment unit, that was pending before the department
as of January 1, 1996, shall be determined according to the type of
permit authorizing operation of that unit, as provided by subdivision
(d) of Section 25200.2 or the regulations adopted pursuant to
subdivision (a) of Section 25200.2. Any standardized permit issued to
the operator of a transportable treatment unit after January 1,
1996, that succeeds a full hazardous waste facilities permit issued
by the department prior to January 1, 1996, in accordance with
subdivision (d) of Section 25200.2 or the regulations adopted
pursuant to subdivision (a) of Section 25200.2, shall not be
considered to be a new hazardous waste facilities permit.
(F) A person submitting a hazardous waste facilities permit
application for a postclosure permit shall pay a fee of ten thousand
forty dollars ($10,040) for a small facility, twenty-two thousand
five hundred ninety-six dollars ($22,596) for a medium facility, and
thirty-seven thousand six hundred fifty-seven dollars ($37,657) for a
large facility.
(G) A person submitting an application for one or more class 2
permit modifications, including a class 2 modification to a
standardized permit, shall pay a fee equal to 20 percent of the fee
for a new permit for that facility for each unit directly impacted by
the modifications, up to a maximum of 40 percent for each
application, except that each person who applies for one or more
class 2 permit modifications for a land disposal facility or an
incinerator shall pay a fee equal to 15 percent of the fee for a new
permit for that facility for each unit directly impacted by the
modifications, up to a maximum of 30 percent for each application.
(H) A person submitting an application for one or more class 3
permit modifications, including a class 3 modification to a
standardized permit, shall pay a fee equal to 40 percent of the fee
for a new permit for that facility for each unit directly impacted by
the modifications, up to a maximum of 80 percent for each
application, except that a person who applies for one or more class 3
permit modifications for a land disposal facility or an incinerator
shall pay a fee equal to 30 percent of the fee for a new permit for
that facility for each unit directly impacted by the modifications,
up to a maximum of 60 percent for each application.
(I) A person who submits an application for renewal of any
existing permit shall pay an amount equal to the fee that would have
been assessed had the person requested the same changes in a
modification application, but not less than one-half the fee required
for a new permit.
(J) A person who submits a single application for a facility that
falls within more than one fee category shall pay only the higher
fee.
(2) The fees required by paragraph (1) shall be assessed by the
board upon application to the department. For a facility operating
pursuant to a grant of interim status, the submittal of the
application shall be the submittal of the Part B application in
accordance with regulations adopted by the department. The fee shall
be nonrefundable, even if the application is withdrawn or denied. The
department shall provide the board with any information that is
necessary to assess fees pursuant to this section. The fee shall be
collected in accordance with Part 22 (commencing with Section 43001)
of Division 2 of the Revenue and Taxation Code, and deposited into
the Hazardous Waste Control Account.
(3) The amounts stated in this subdivision are the base rates for
the 1997 calendar year. Thereafter, the fees shall be adjusted
annually by the board to reflect increases or decreases in the cost
of living, during the prior fiscal year, as measured by the Consumer
Price Index issued by the Department of Industrial Relations, or a
successor agency.
(4) Except as provided in paragraph (5), for purposes of this
section, and notwithstanding Section 25205.1, any facility or unit is
"small" if it manages 0.5 tons (1,000 pounds) or less of hazardous
waste during any one month of the state's current fiscal year,
"medium" if it manages more than 0.5 tons (1,000 pounds), but less
than 1,000 tons, of hazardous waste during any one month of the state'
s current fiscal year, and "large" if it manages 1,000 or more tons
of hazardous waste during any one month of the state's current fiscal
year.
(5) For purposes of subparagraph (F) of paragraph (1) of this
subdivision and paragraph (8) of subdivision (c) of Section 25205.4,
any facility or unit is "small" if 0.5 tons (1,000 pounds) or less of
hazardous waste remain after closure, "medium" if more than 0.5 tons
(1,000 pounds), but less than 1,000 tons of hazardous waste remain
after closure, and "large" if 1,000 or more tons of hazardous waste
remain after closure.
(6) The amounts stated in this subdivision are in addition to any
amounts required to reimburse the department for the corrective
action review and oversight costs required to be recovered pursuant
to subdivision (b).
(e) Subdivision (a) does not apply to any variance granted
pursuant to Article 4 (commencing with Section 66263.40) of Chapter
13 of Division 4.5 of Title 22 of the California Code of Regulations.
(f) Subdivisions (a) and (d) do not apply to a permit
modification resulting from a revision of a facility's or operator's
closure plan if the facility is exempted from fees pursuant to
subdivision (e) of Section 25205.3, or if the operator is subject to
paragraph (2) or (3) of subdivision (d) of Section 25205.2.
(g) (1) Except as provided in paragraphs (3) and (4),
subdivisions (a) and (d) do not apply to any permit or variance to
operate a research, development, and demonstration facility, if the
duration of the permit or variance is not longer than one year,
unless the permit or variance is renewed pursuant to the regulations
adopted by the department.
(2) For purposes of this section, a "research, development, and
demonstration facility" is a facility which proposes to utilize an
innovative and experimental hazardous waste treatment technology or
process for which regulations prescribing permit standards have not
been adopted.
(3) The exemption provided by this subdivision does not apply to
a facility which operates as a medium or large multiuser offsite
commercial hazardous waste facility and which does not otherwise
possess a hazardous waste facilities permit pursuant to Section
25200.
(4) The fee exemption authorized pursuant to paragraph (1) shall
be effective for a total duration of not more than two years.
(h) Subdivisions (a) and (d) do
(f) Subdivision (a) does not
apply to any of the following:
(1) Any variance issued to a public agency to transport wastes for
purposes of operating a household hazardous waste collection
facility, or to transport waste from a household hazardous waste
collection facility, which receives household hazardous waste or
hazardous waste from conditionally exempted small quantity generators
pursuant to Article 10.8 (commencing with Section 25218).
(2) A permanent household hazardous waste collection facility.
(3) Any variance issued to a public agency to conduct a collection
program for agricultural wastes.
(i) Notwithstanding subdivisions (a) and (b), the department
shall not assess any fees or seek any reimbursement for the
department's costs in reviewing and overseeing any preliminary site
assessment in conjunction with a hazardous waste facilities permit
application.
(j) The changes made in this section by Chapter 870 of the
Statutes of 1997 do not require amendment of, or otherwise affect,
any agreement entered into prior to July 1, 1998, pursuant to which
any person has agreed to reimburse the department for the costs
incurred by the department in processing applications, responding to
requests, or otherwise providing other services pursuant to this
chapter.
(g) Fees imposed pursuant to this section shall be administered
and collected by the department.
(h) (1) The changes made in this section by the act that added
this subdivision apply to applications and requests submitted to the
department on and after April 1, 2016.
(2) If, on and after April 1, 2016, an applicant has submitted an
application and paid a fee pursuant to subdivision (d), as that
subdivision read on April 1, 2016, but before the act that added this
subdivision took effect, the department shall determine the
difference between the amount paid by the applicant and the amount
due pursuant to subdivision (a), and that applicant shall be liable
for that amount.
(3) Acknowledging a limited period of retroactive application of
the elimination of the flat fee option pursuant to this subdivision,
the Legislature finds and declares all of the following:
(A) The department expends a substantial amount of time and
resources in processing permit applications and modifications.
(B) The former flat fee option paid by applicants was most often
insufficient to cover actual costs to the department in reviewing and
processing the applications and modifications.
(C) The applicant, being the primary beneficiary of the permit
process, in fairness should pay the actual costs of the department in
reviewing permit applications and modifications.
(D) The amendment to this section during the 2015-16 Regular
Session eliminating the flat fee option and requiring applicants to
enter into a written reimbursement agreement with the department is
intended to apply to applications and modification requests filed on
or after April 1, 2016, in order to remedy this financial inequity
and to avoid an influx of the submission of applications to the
department before amendment to this section goes into effect.
SEC. 19. Section 25205.18 of the Health
and Safety Code is amended to read:
25205.18. (a) If a facility has a permit or an interim status
document which sets forth the facility's allowable capacity for
treatment or storage, the facility's size for purposes of the annual
facility fee pursuant to Section 25205.2 shall be based
upon that capacity, except as provided in subdivision (d).
(b) If a facility's allowable capacity changes or is initially
established as a result of a permit modification, or a submission of
a certification pursuant to subdivision (d), the fee that is due for
the reporting period in which the change occurs shall be the
lower fee until December 31, 1994. After that date, the fee that is
due for the reporting period in which a change occurs shall be the
higher fee.
(c) (1) The department may
require the facility to submit an application to modify its permit to
provide for an allowable capacity.
(2) Subdivisions (a) and (d) of Section 25205.7 do not apply to
an application for modification required by the department pursuant
to this subdivision.
(d) A facility may reduce its allowable capacity below the amounts
specified in subdivision (a) or (c) by submitting a certification
signed by the owner or operator in which the owner or operator
pledges that the facility will not handle hazardous waste at a
capacity above the amount specified in the certification. In that
case, the facility's size for purposes of the annual facility fee
pursuant to Section 25205.2 shall be based upon the
capacity specified in the certification, until the certification is
withdrawn. Exceeding the capacity limits specified in a certification
that has not been withdrawn shall be a violation of the hazardous
waste control law and may subject a facility or its operator to a
penalty and corrective action as provided in this chapter,
including, but not limited to, an augmentation pursuant to Section
25191.1. chapter.
(e) This section shall have no bearing on the imposition of the
annual postclosure facility fee.
SEC. 20. Section 25205.19 of the Health
and Safety Code is amended to read:
25205.19. (a) If a facility has a permit or an interim status
document which sets forth the facility's type, pursuant to Section
25205.1, as either treatment, storage, or disposal, the facility's
type for purposes of the annual facility fee pursuant to Section
25205.2 shall be rebuttably presumed to be what is set forth
in that permit or document.
(b) If the facility's type changes as a result of a permit or
interim status modification, any change in the annual facility fee
shall be effective the reporting period following the one in which
the modification becomes effective.
(c) (1) If the facility's
permit or interim status document does not set forth its type, the
department may require the facility to submit an application to
modify the permit or interim status document to provide for a
facility type.
(2) Subdivisions (a) and (d) of Section 25205.7 do not apply to
an application for modification pursuant to this subdivision.
(d) A permit or interim status document may set forth more than
one facility type or size. In accordance with subdivision (e)
(d) of Section 25205.4, the facility shall be
subject only to the highest applicable fee.
SEC. 21. Section 25247 of the Health
and Safety Code is amended to read:
25247. (a) The department shall review each plan submitted
pursuant to Section 25246 and shall approve the plan if it finds that
the plan complies with the regulations adopted by the department and
complies with all other applicable state and federal regulations.
(b) The department shall not approve the plan until at least one
of the following occurs:
(1) The plan has been approved pursuant to Section 13227 of the
Water Code.
(2) Sixty days expire after the owner or operator of an interim
status facility submits the plan to the department. If the department
denies approval of a plan for an interim status facility, this
60-day period shall not begin until the owner or operator resubmits
the plan to the department.
(3) The director finds that immediate approval of the plan is
necessary to protect public health, safety, or the environment.
(c) Any action taken by the department pursuant to this section is
subject to Section 25204.5.
(d) (1) To the extent consistent with the federal act, the
department shall impose the requirements of a hazardous waste
facility postclosure plan on the owner or operator of a facility
through the issuance of an enforcement order, entering into an
enforceable agreement, or issuing a postclosure permit.
(A) A hazardous waste facility postclosure plan imposed or
modified pursuant to an enforcement order, a permit, or an
enforceable agreement shall be approved in compliance with the
California Environmental Quality Act (Division 13 (commencing with
Section 21000) of the Public Resources Code).
(B) Before the department initially approves or significantly
modifies a hazardous waste facility postclosure plan pursuant to this
subdivision, the department shall provide a meaningful opportunity
for public involvement, which, at a minimum, shall include public
notice and an opportunity for public comment on the proposed action.
(C) For the purposes of subparagraph (B), a "significant
modification" is a modification that the department determines would
constitute a class 3 permit modification if the change were being
proposed to a hazardous waste facilities permit. In determining
whether the proposed modification would constitute a class 3
modification, the department shall consider the similarity of the
modification to class 3 modifications codified in Appendix I of
Chapter 20 (commencing with Section 66270.1) of Division 4.5 of Title
22 of the California Code of Regulations. In determining whether the
proposed modification would constitute a class 3 modification, the
department shall also consider whether there is significant public
concern about the proposed modification, and whether the proposed
change is so substantial or complex in nature that the modification
requires the more extensive procedures of a class 3 permit
modification.
(2) This subdivision does not limit or delay the authority of the
department to order any action necessary at a facility to protect
public health or safety.
(3) If the department imposes a hazardous waste facility
postclosure plan in the form of an enforcement order or enforceable
agreement, in lieu of issuing or renewing a postclosure permit, the
owner or operator who submits the plan for approval shall, at the
time the plan is submitted, pay the same fee specified in
subparagraph (F) of paragraph (1) of subdivision (d) of Section
25205.7, or enter into a cost reimbursement agreement
pursuant to subdivision (a) of Section 25205.7 and
upon commencement of the postclosure period shall pay the fee
required by paragraph (9) of subdivision (c) of Section 25205.4. For
purposes of this paragraph and paragraph (9) of subdivision (c) of
Section 25205.4, the commencement of the postclosure period shall be
the effective date of the postclosure permit, enforcement order, or
enforceable agreement.
(4) In addition to any other remedy available under state law to
enforce a postclosure plan imposed in the form of an enforcement
order or enforcement agreement, the department may take any of the
following actions:
(A) File an action to enjoin a threatened or continuing violation
of a requirement of the enforcement order or agreement.
(B) Require compliance with requirements for corrective action or
other emergency response measures that the department deems necessary
to protect human health and the environment.
(C) Assess or file an action to recover civil penalties and fines
for a violation of a requirement of an enforcement order or
agreement.
(e) Subdivision (d) does not apply to a postclosure plan for which
a final or draft permit has been issued by the department on or
before December 31, 2003, unless the department and the facility
mutually agree to replace the permit with an enforcement order or
enforceable agreement pursuant to the provisions of subdivision (d).
(f) (1) Except as provided in paragraphs (2) and (3), the
department may only impose postclosure plan requirements through an
enforcement order or an enforceable agreement pursuant to subdivision
(d) until January 1, 2009.
(2) This subdivision does not apply to an enforcement order or
enforceable agreement issued prior to before
January 1, 2009, or an order or agreement for which a public
notice is issued on or before January 1, 2009.
(3) This subdivision does not apply to the modification on or
after January 1, 2009, of an enforcement order or enforceable
agreement that meets the conditions in paragraph (2).
(g) If the department determines that a postclosure permit is
necessary to enforce a postclosure plan, the department may, at any
time, rescind and replace an enforcement order or an enforceable
agreement issued pursuant to this section by issuing a postclosure
permit for the hazardous waste facility, in accordance with the
procedures specified in the department's regulations for the issuance
of postclosure permits.
(h) Nothing in this section may be construed to limit or delay the
authority of the department to order any action necessary at a
facility to protect public health or safety, or the environment.
SEC. 22. Section 25253.5 is added to the Health and
Safety Code, to read:
25253.5. The department shall revise its 2015-17 Priority Product
Work Plan to include lead acid batteries for consideration and
evaluation as a potential priority product.
SEC. 23. Section 100829 of the Health
and Safety Code is amended to read:
100829. The department State Water
Resources Control Board may do all of the following related to
accrediting environmental laboratories in the state:
(a) Offer both state accreditation and NELAP accreditation, which
shall be considered equivalent for regulatory activities covered by
this article.
(b) Adopt regulations to establish the accreditation procedures
for both types of accreditation.
(c) Retain exclusive authority to grant NELAP accreditation.
(d) Accept certificates of accreditation from laboratories that
have been accredited by other NELAP-recognized accrediting
authorities.
(e) Adopt regulations to establish procedures for recognizing the
accreditation of laboratories located outside California for
activities regulated under this article.
(f) (1) Adopt regulations a schedule of
fees to recover costs incurred for the collection of
laboratory accreditation fees. accreditation of
environmental laboratories. Consistent with Section 3 of Article XIII
A of the California Constitution, the board
shall set the fees under this section in an amount sufficient to
recover all reasonable regulatory costs incurred for the purposes of
this article.
(2) Fees collected under this section shall be adjusted annually
as provided in Section 100425. The adjustment shall be rounded to the
nearest whole dollar.
(2) The board shall set the amount of total revenue collected each
year through the fee schedule at an amount equal to the amount
appropriated by the Legislature in the annual Budget Act from the
Environmental Laboratory Improvement Fund for expenditure for the
administration of this article, taking into account the reserves in
the Environmental Laboratory Improvement Fund. The board shall review
and revise the fees each fiscal year as necessary to conform with
the amounts appropriated by the Legislature. If the board determines
that the revenue collected during the preceding year was greater
than, or less than, the amounts appropriated by the Legislature, the
board may further adjust the fees to compensate for the over or under
collection of revenue.
(3) The board shall adopt the schedule of fees by emergency
regulation. The emergency regulations may include provisions
concerning the administration and collection of the fees. Any
emergency regulations adopted pursuant to this section, any amendment
to those regulations, or subsequent adjustments to the annual fees,
shall be adopted by the board in accordance with Chapter 3.5
(commencing with Section 11340) of Part 1 of Division 3 of Title 2 of
the Government Code. The adoption of these 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, safety, and general welfare. Notwithstanding Chapter 3.5
(commencing with Section 11340) of Part 1 of Division 3 of Title 2 of
the Government Code, any emergency regulations adopted by the board,
or adjustments to the annual fees made by the board pursuant to this
section, are not subject to review by the Office of Administrative
Law and remain in effect until revised by the board.
(3)
(4) Fees shall be set for the two types of
accreditation provided for in subdivision (a).
(a), including application fees.
(4)
(5) Programs operated under this article shall be fully
fee-supported.
SEC. 24. Section 100860.1 of the Health
and Safety Code is amended to read:
100860.1. (a) At the time of application for ELAP
certification and annually thereafter, from the date of the
issuance of the certificate, a laboratory shall pay an ELAP
certification fee. This fee shall consist of a base or
administrative fee and a fee for each of the ELAP fields of testing
listed below for which the laboratory has requested ELAP
certification. These fees shall be nonrefundable and adopted in
regulations, and shall be sufficient to allow the ELAP program to be
fully fee-supported. The fields of testing for ELAP certification and
their code numbers are the following: fee, according
to the fee schedule established by the State Water Resources Control
Board pursuant to Section 100829.
(E101) Microbiology of drinking water.
(E102) Inorganic chemistry of drinking water.
(E103) Toxic chemical elements of drinking water.
(E104) Volatile organic chemistry of drinking water.
(E105) Semi-volatile organic chemistry of drinking water.
(E106) Radiochemistry of drinking water.
(E107) Microbiology of wastewater.
(E108) Inorganic chemistry of wastewater.
(E109) Toxic chemical elements of wastewater.
(E110) Volatile organic chemistry of wastewater.
(E111) Semi-volatile organic chemistry of wastewater.
(E112) Radiochemistry of wastewater.
(E113) Whole effluent toxicity of wastewater.
(E114) Inorganic chemistry and toxic chemical elements of
hazardous waste.
(E115) Extraction test of hazardous waste.
(E116) Volatile organic chemistry of hazardous waste.
(E117) Semi-volatile organic chemistry of hazardous waste.
(E118) Radiochemistry of hazardous waste.
(E119) Toxicity bioassay of hazardous waste.
(E120) Physical properties of hazardous waste.
(E121) Bulk asbestos analysis of hazardous waste.
(E122) Microbiology of food.
(E123) Inorganic chemistry and toxic chemical elements of
pesticide residues in food.
(E124) Organic chemistry of pesticide residues in food
(measurements by MS techniques).
(E125) Organic chemistry of pesticide residues in food (excluding
measurements by MS techniques).
(E126) Microbiology of recreational water.
(E127) Air quality monitoring.
(E128) Shellfish sanitation.
(b) In addition to the payment of ELAP certification fees,
laboratories located outside the State of California shall reimburse
the department for travel and per diem necessary to perform onsite
inspections.
(c) If reciprocity with another jurisdiction is established by
regulation as described in Section 100830, the regulations may
provide for the waiver of certification fees for program activities
considered equivalent.
(d) Fees collected under this section shall be adjusted annually
as specified in Section 100425. The adjustment shall be rounded to
the nearest whole dollar. It is the intent of the Legislature that
the programs operated under this article be fully fee-supported.
(e)
(b) State and local government-owned laboratories in
California established under Section 101150 or
performing work only in a reference capacity as a reference
laboratory are exempt from the payment of the fee prescribed
under subdivision (a). fees prescribed pursuant to
Section 100829.
(f) In addition to the payment of certification fees,
laboratories certified or applying for certification in fields of
testing for pesticide residues in food shall pay a fee directly to
the designated proficiency testing provider for the cost of each
proficiency testing sample set.
(g)
(c) In addition to the payment of
certification fees, fees authorized by Section 100829,
laboratories certified or applying for certification shall pay
directly to the designated proficiency testing provider the cost of
the proficiency testing study.
(h)
(d) For the purpose of this section, a reference
laboratory is a laboratory owned and operated by a governmental
regulatory agency for the principal purpose of analyzing samples
referred by other laboratories another
governmental regulatory agency or another laboratory for
confirmatory analysis. Reference laboratories carry out
quality assurance functions for other laboratories and may carry out
unusual, highly specialized, and difficult analyses not generally
available through commercial laboratories, and a limited number of
routine analyses, for regulatory purposes only, and without assessing
per-sample fees for the services.
(i) This section shall become operative January 1, 2002.
SEC. 25. Section 100862 of the Health
and Safety Code is amended to read:
100862. (a) At the time of application for NELAP accreditation
and annually thereafter, from the date of the issuance of the
accreditation, a laboratory shall pay a base fee and a fee
for each of the NELAP fields of testing listed below for which a
laboratory has requested NELAP accreditation. The fees shall be
nonrefundable and set in regulations, and shall be sufficient to
allow the NELAP program to be fully fee supported. The fields of
testing for NELAP accreditation and their code numbers are all of the
following: NELAP accreditation fee, according to the
fee schedule established by the State Water Resources Control
Board pursuant to Section 100829.
(N101) Microbiology of drinking water.
(N102) Inorganic chemistry of drinking water.
(N103) Toxic chemical elements of drinking water.
(N104) Volatile organic chemistry of drinking water.
(N105) Semi-volatile organic chemistry of drinking water.
(N106) Radiochemistry of drinking water.
(N107) Microbiology of wastewater.
(N108) Inorganic chemistry of wastewater.
(N109) Toxic chemical elements of wastewater.
(N110) Volatile organic chemistry of wastewater.
(N111) Semi-volatile organic chemistry of wastewater.
(N112) Radiochemistry of wastewater.
(N113) Whole effluent toxicity of wastewater.
(N114) Inorganic chemistry and toxic chemical elements of
hazardous waste.
(N115) Extraction test of hazardous waste.
(N116) Volatile organic chemistry of hazardous waste.
(N117) Semi-volatile organic chemistry of hazardous waste.
(N118) Radiochemistry of hazardous waste.
(N119) Toxicity bioassay of hazardous waste.
(N120) Physical properties of hazardous waste.
(N121) Bulk asbestos analysis of hazardous waste.
(b) Fees for NELAP accreditation shall be adjusted annually as
specified in Section 100425.
(c)
(b) In addition to the payment of
accreditation fees, fees authorized by Section 100829,
laboratories accredited or applying for accreditation shall
pay directly to the designated proficiency testing provider the cost
of the proficiency testing studies.
SEC. 26. Section 105206 of the Health
and Safety Code is amended to read:
105206. (a) A laboratory that performs cholinesterase testing on
human blood drawn in California for an employer to enable the
employer to satisfy his or her responsibilities for medical
supervision of his or her employees who regularly handle pesticides
pursuant to Section 6728 of Title 3 of the California Code of
Regulations or to respond to alleged exposure to cholinesterase
inhibitors or known exposure to cholinesterase inhibitors that
resulted in illness shall report the information specified in
subdivision (b) to the Department of Pesticide Regulation. Reports
shall be submitted to the Department of Pesticide Regulation on, at a
minimum, a monthly basis. For the purpose of meeting the
requirements in subdivision (d), the reports shall be submitted via
electronic media and formatted in a manner approved by the director.
The Department of Pesticide Regulation shall share information from
cholinesterase reports with the OEHHA Office
of Environmental Health Hazard Assessment (OEHHA) and the State
Department of Public Health on an ongoing basis, in an electronic
format, for the purpose of meeting the requirements of subdivisions
(e) and (f).
(b) The testing laboratory shall report all of the following
information in its possession in complying with subdivision (a):
(1) The test results in International Units per milliliter of
sample (IU/mL).
(2) The purpose of the test, including baseline or other periodic
testing, pursuant to the requirements of Section 6728 of Title 3 of
the California Code of Regulations, or evaluation of suspected
pesticide illness.
(3) The name of the person tested.
(4) The date of birth of the person tested.
(5) The name, address, and telephone number of the health care
provider or medical supervisor who ordered the analysis.
(6) The name, address, and telephone number of the analyzing
laboratory.
(7) The accession number of the specimen.
(8) The date that the sample was collected from the patient and
the date the result was reported.
(9) Contact information for the person tested and his or her
employer, if known and readily available.
(c) The medical supervisor ordering the test for a person pursuant
to subdivision (a) shall note in the test order the purpose of the
test, pursuant to paragraph (2) of subdivision (b), and ensure that
the person tested receives a copy of the cholinesterase test results
and any recommendations from the medical supervisor within 14 days of
the medical supervisor receiving the results.
(d) All information reported pursuant to this section shall be
confidential, as provided in Section 100330, except that the OEHHA,
the Department of Pesticide Regulation, and the State Department of
Public Health may share the information for the purpose of
surveillance, case management, investigation, environmental
remediation, or abatement with the appropriate county agricultural
commissioner and local health officer.
(e) The OEHHA shall review the cholinesterase test results and may
provide an appropriate medical or toxicological consultation to the
medical supervisor. In addition to the duties performed pursuant to
Section 105210, the OEHHA, in consultation with the Department of
Pesticide Regulation and the local health officer, may provide
medical and toxicological consultation, as appropriate, to the county
agricultural commissioner to address medical issues related to the
investigation of cholinesterase inhibitor-related illness.
(f) By December 31, 2015, the Department of Pesticide Regulation
and the OEHHA, in consultation with the State Department of Public
Health, shall prepare a report on the effectiveness of the medical
supervision program and the utility of laboratory-based reporting of
cholinesterase testing for illness surveillance and prevention. The
joint report may include recommendations to the Legislature that the
Department of Pesticide Regulation and the OEHHA deem necessary. The
Department of Pesticide Regulation and the OEHHA shall make the
report publicly available on their Internet Web sites.
(g) This section shall remain in effect only until January 1,
2017, 2019, and as of that date is
repealed, unless a later enacted statute, that is enacted before
January 1, 2017, 2019, deletes or
extends that date.
SEC. 27. Section 116590 of the Health and Safety Code,
as added by Section 26 of Chapter 24 of the Statutes of 2015, is
amended to read:
116590. (a) Funds received by the state board pursuant to this
chapter shall be deposited into the Safe Drinking Water Account,
which is hereby established, and shall be available for use by the
state board, upon appropriation by the Legislature, for the purpose
of providing funds necessary to administer this chapter. Funds in the
Safe Drinking Water Account shall not be expended for any purpose
other than as set forth in this chapter.
(b) A public water system may collect a fee from its customers to
recover the fees paid by the public water system pursuant to this
chapter.
(c) The total amount of funds received for state operations
program costs to administer this chapter for fiscal year 2016-17
shall not exceed thirty-eight million nine hundred seven thousand
dollars ($38,907,000) and the total amount of funds received for
administering this chapter for each fiscal year thereafter shall not
increase by more than 5 percent of the amount received in the
previous fiscal year plus any changes to salary, benefit, and
retirement adjustments contained in each annual Budget Act.
(d) This section shall become operative on July 1, 2016.
SEC. 28. Section 116681 of the Health
and Safety Code is amended to read:
116681. The following definitions shall apply to this section and
Sections 116682 and 116684:
(a) "Adequate supply" means sufficient water to meet residents'
health and safety needs.
(b) "Affected residence" means a residence reliant on a water
supply that is either inadequate or unsafe.
(c) "Consistently fails" means a failure to provide an adequate
supply of safe drinking water.
(d) "Consolidated water system" means the public water system
resulting from the consolidation of a public water system with
another public water system, state small water system, or affected
residences not served by a public water system.
(e) "Consolidation" means joining two or more public water
systems, state small water systems, or affected residences not served
by a public water system, into a single public water system.
(f) "Disadvantaged community" means a disadvantaged community, as
defined in Section 79505.5 of the Water Code, that is in an
unincorporated area or is served by either a mutual water
company. company or a small public water
system.
(g) "Extension of service" means the provision of service through
any physical or operational infrastructure arrangement other than
consolidation.
(h) "Receiving water system" means the public water system that
provides service to a subsumed water system through consolidation or
extension of service.
(i) "Safe drinking water" means water that meets all primary and
secondary drinking water standards.
(j) "Small public water system" has the same meaning as provided
in subdivision (b) of Section 116395.
(j)
(k) "Subsumed water system" means the public water
system, state small water system, or affected residences not served
by a public water system consolidated into or receiving service from
the receiving water system.
SEC. 29. Section 10187.5 of the Public
Contract Code is amended to read:
10187.5. For purposes of this article, the following definitions
and the definitions in subdivision (a) of Section 13332.19 of the
Government Code shall apply:
(a) "Best value" means a value determined by evaluation of
objective criteria that relate to price, features, functions,
life-cycle costs, experience, and past performance. A best value
determination may involve the selection of the lowest cost proposal
meeting the interests of the department and meeting the objectives of
the project, selection of the best proposal for a stipulated sum
established by the procuring agency, or a tradeoff between price and
other specified factors.
(b) "Construction subcontract" means each subcontract awarded by
the design-build entity to a subcontractor that will perform work or
labor or render service to the design-build entity in or about the
construction of the work or improvement, or a subcontractor licensed
by the State of California that, under subcontract to the
design-build entity, specially fabricates and installs a portion of
the work or improvement according to detailed drawings contained in
the plans and specifications produced by the design-build team.
(c) (1) "Department" means the Department of
General Services and the Department of Corrections and
Rehabilitation.
(2) For the purposes of projects at the Salton Sea, "department"
means the Department of Water Resources.
(d) "Design-build" means a project delivery process in which both
the design and construction of a project are procured from a single
entity.
(e) "Design-build entity" means a corporation, limited liability
company, partnership, joint venture, or other legal entity that is
able to provide appropriately licensed contracting, architectural,
and engineering services as needed pursuant to a design-build
contract.
(f) "Design-build team" means the design-build entity itself and
the individuals and other entities identified by the design-build
entity as members of its team. Members shall include the general
contractor and, if utilized in the design of the project, all
electrical, mechanical, and plumbing contractors.
(g) (1) "Director" means, with respect to
procurements undertaken by the Department of General Services, the
Director of General Services or, with respect to procurements
undertaken by the Department of Corrections and Rehabilitation, the
secretary of that
department.
(2) For purposes of projects at the Salton Sea, "director" means
the Director of Water Resources.
SEC. 30. Section 10190 of the Public
Contract Code is amended to read:
10190. (a) The director shall notify the
State Public Works Board regarding the method to be used for
selecting the design-build entity, prior to advertising the
design-build project.
(b) Notwithstanding subdivision (a), for purposes of projects at
the Salton Sea, the Director of Water Resources shall notify the
California Water Commission regarding the method to be used for
selecting the design-build entry, prior to advertising the
design-build project.
SEC. 31. Section 4629.6 of the Public
Resources Code is amended to read:
4629.6. Moneys deposited in the fund shall, upon appropriation by
the Legislature, only be expended for the following purposes:
(a) To reimburse the State Board of Equalization for its
administrative costs associated with the administration, collection,
audit, and issuance of refunds related to the lumber products and
engineered wood assessment established pursuant to Section 4629.5.
(b) To pay refunds issued pursuant to Part 30 (commencing with
Section 55001) of Division 2 of the Revenue and Taxation Code.
(c) To support the activities and costs of the department, the
Department of Conservation, the Department of Fish and Wildlife, the
State Water Resources Control Board, and regional water quality
control boards associated with the review of projects or permits
necessary to conduct timber operations. On or after July 1, 2013,
except for fees applicable for fire prevention or protection within
state responsibility area classified lands or timber yield
assessments, no currently authorized or required fees shall be
charged by the agencies listed in this subdivision for activities or
costs associated with the review of a project, inspection and
oversight of projects, and permits necessary to conduct timber
operations of those departments and boards.
(d) For transfer to the department's Forest Improvement
Program, upon appropriation by the Legislature,
Program for forest resources improvement grants and projects
administered by the department pursuant to Chapter 1 (commencing with
Section 4790) and Chapter 2 (commencing with Section 4799.06) of
Part 2.5 of Division 4. 2.5.
(e) To fund existing restoration grant programs, with priority
given to the Fisheries Restoration Grant Program administered by the
Department of Fish and Wildlife and grant programs administered by
state conservancies.
(f) (1) As a loan to the Department of Fish and Wildlife for
activities to address environmental damage occurring on forest lands
resulting from marijuana cultivation. Not more than five hundred
thousand dollars ($500,000) may be loaned from the fund in a fiscal
year pursuant to this paragraph. This paragraph shall become
inoperative on July 1, 2017.
(2) Any funds deposited into the Timber Regulation and
Forest Restoration Fund fund pursuant to
subdivision (d) or (f) of Section 12025 or subdivision (b), (c), (e),
or (f) of Section 12025.1 of the Fish and Game Code shall be
credited toward loan repayment.
(3) Moneys from the General Fund shall not be used to repay a loan
authorized pursuant to this subdivision.
(g) To the department, upon appropriation by the
Legislature, department for fuel treatment
grants and projects pursuant to authorities under the Wildland Fire
Protection and Resources Management Act of 1978 (Article 1
(commencing with Section 4461) of Chapter 7 of Part 2 of
Division 4). 7).
(h) To the department, upon appropriation by the
Legislature, department to provide grants to
local agencies responsible for fire protection, qualified nonprofits,
recognized tribes, local and state governments, and resources
conservation districts, undertaken on a state responsibility area
(SRA) or on wildlands not in an SRA that pose a threat to the SRA, to
reduce the costs of wildland fire suppression, reduce greenhouse gas
emissions, promote adaptation of forested landscapes to changing
climate, improve forest health, and protect homes and communities.
(i) To the Natural Resources Agency to provide a reasonable per
diem for attendance at a meeting of the advisory body for the state's
forest practice program by a member of the body who is not an
employee of a government agency.
SEC. 32. Section 4629.8 of the Public
Resources Code is amended to read:
4629.8. (a) Funds deposited in the Timber Regulation and
Forest Restoration Fund fund shall be
appropriated in accordance with the following priorities:
(1) First priority shall be for funding associated with the
administration and delivery of responsibilities identified in
subdivisions (a) to (c), inclusive, of Section 4629.6.
(2) Only after paragraph (1) is funded, the second priority shall
be, if deposits are sufficient in future years to maintain the fund,
by 2016, at a minimum reserve of four million dollars ($4,000,000),
for use and appropriation by the Legislature in years during which
revenues to the account are projected to fall short of the ongoing
budget allocations for support of the activities identified in
paragraph (1).
(3) Only after paragraphs (1) and (2) are funded, the third
priority shall be in support of activities designated in subdivisions
(d), (e), and (f) (d) to (f), inclusive,
of Section 4629.6.
(4) Only after paragraphs (1), (2), and (3)
(1) to (3), inclusive, are funded, the fourth priority
shall be to support the activities designated in subdivisions (g)
and (h) to (i), inclusive, of Section
4629.6.
(b) Funds shall not be used to pay for or reimburse any
requirements, including mitigation of a project proponent or
applicant, as a condition of any permit.
SEC. 33. Section 21191 of the Public
Resources Code is amended to read:
21191. (a) The California Environmental License Plate Fund, which
supersedes the California Environmental Protection Program Fund, is
continued in existence in the State Treasury, and consists of the
moneys deposited in the fund pursuant to any provision of law. The
Legislature shall establish the amount of fees for environmental
license plates, which shall be not less than forty-eight dollars
($48) for the issuance or thirty-eight dollars ($38) for the renewal
of an environmental license plate.
(b) The Controller shall transfer from the California
Environmental License Plate Fund to the Motor Vehicle Account in the
State Transportation Fund the amount appropriated by the Legislature
for the reimbursement of costs incurred by the Department of Motor
Vehicles in performing its duties pursuant to Sections 5004, 5004.5,
and 5022 and Article 8.5 (commencing with Section 5100) of Chapter 1
of Division 3 of the Vehicle Code. The reimbursement from the
California Environmental License Plate Fund shall only include those
additional costs which are directly attributable to any additional
duties or special handling necessary for the issuance, renewal, or
retention of the environmental license plates.
(c) The Controller shall transfer to the post fund of the Veterans'
Home of California, established pursuant to Section 1047 of the
Military and Veterans Code, all revenue derived from the issuance of
prisoner of war special license plates pursuant to Section 5101.5 of
the Vehicle Code less the administrative costs of the Department of
Motor Vehicles in that regard.
(d) The Director of Motor Vehicles shall certify the amounts of
the administrative costs of the Department of Motor Vehicles in
subdivision (c) to the Controller.
(e) The balance of the moneys in the California Environmental
License Plate Fund shall be available for expenditure only for the
exclusive trust purposes specified in Section 21190, upon
appropriation by the Legislature. However, all moneys derived from
the issuance of commemorative 1984 Olympic reflectorized license
plates in the California Environmental License Plate Fund shall be
used only for capital outlay purposes.
(f) All proposed appropriations for the program shall be
summarized in a section in the Governor's Budget for each fiscal year
and shall bear the caption "California Environmental Protection
Program." The section shall contain a separate description of each
project for which an appropriation is made. All of these
appropriations shall be made to the department performing the project
and accounted for separately.
(g) The budget the Governor presents to the Legislature pursuant
to subdivision (a) of Section 12 of Article IV of the California
Constitution shall include, as proposed appropriations for the
California Environmental Protection Program, only projects and
programs recommended for funding by the Secretary of the Natural
Resources Agency pursuant to subdivision (a) of Section 21193. The
Secretary of the Natural Resources Agency shall consult with the
Secretary for Environmental Protection before making any
recommendations to fund projects pursuant to subdivision (a) of
Section 21190.
(h) This section shall remain in effect only until January 1,
2017, and as of that date is repealed, unless a later enacted
statute, that is enacted before January 1, 2017, deletes or extends
that date.
SEC. 34. Section 21191 is added to the Public Resources
Code, to read:
21191. (a) The California Environmental License Plate Fund is
hereby created in the State Treasury, and consists of the moneys
deposited in the fund pursuant to any law. The annual fee for
environmental license plates is forty-eight dollars ($48) for the
issuance or forty-three dollars ($43) for the renewal of the plates.
(b) The Controller shall transfer from the California
Environmental License Plate Fund to the Motor Vehicle Account in the
State Transportation Fund the amount appropriated by the Legislature
for the reimbursement of costs incurred by the Department of Motor
Vehicles in performing its duties pursuant to Sections 5004, 5004.5,
and 5022 and Article 8.5 (commencing with Section 5100) of Chapter 1
of Division 3 of the Vehicle Code. The reimbursement from the
California Environmental License Plate Fund shall only include those
additional costs that are directly attributable to any additional
duties or special handling necessary for the issuance, renewal, or
retention of the environmental license plates.
(c) The Controller shall transfer to the post fund of the Veterans'
Home of California, established pursuant to Section 1047 of the
Military and Veterans Code, all revenue derived from the issuance of
prisoner of war special license plates pursuant to Section 5101.5 of
the Vehicle Code less the administrative costs of the Department of
Motor Vehicles incurred in issuing and renewing those plates.
(d) The Director of Motor Vehicles shall certify the amounts of
the administrative costs of the Department of Motor Vehicles in
subdivision (c) to the Controller.
(e) The balance of the moneys in the California Environmental
License Plate Fund shall be available for expenditure only for the
exclusive trust purposes specified in Section 21190, upon
appropriation by the Legislature. However, all moneys derived from
the issuance of commemorative 1984 Olympic reflectorized license
plates in the California Environmental License Plate Fund shall be
used only for capital outlay purposes.
(f) All proposed appropriations for the California Environmental
Protection Program shall be summarized in a section in the Governor's
Budget for each fiscal year and shall bear the caption "California
Environmental Protection Program." The section shall contain a
separate description of each project for which an appropriation is
made. Each of these appropriations shall be made to the department
performing the project and accounted for separately.
(g) The budget the Governor presents to the Legislature pursuant
to subdivision (a) of Section 12 of Article IV of the California
Constitution shall include, as proposed appropriations for the
California Environmental Protection Program, only projects and
programs recommended for funding by the Secretary of the Natural
Resources Agency pursuant to subdivision (a) of Section 21193. The
Secretary of the Natural Resources Agency shall consult with the
Secretary for Environmental Protection before making any
recommendations to fund projects pursuant to subdivision (a) of
Section 21190.
(h) This section shall become operative on January 1, 2017, and
shall become inoperative on July 1, 2017, and, as of January 1, 2018,
is repealed, unless a later enacted statute, that becomes operative
on or before January 1, 2018, deletes or extends the dates on which
it becomes inoperative and is repealed.
SEC. 34.5. Section 21191 is added to the
Public Resources Code , to read:
21191. (a) The California Environmental License Plate Fund is
hereby created in the State Treasury, and consists of the moneys
deposited in the fund pursuant to any law. The annual fee for
environmental license plates is fifty-three dollars ($53) for the
issuance or forty-three dollars ($43) for the renewal of the plates.
(b) The Controller shall transfer from the California
Environmental License Plate Fund to the Motor Vehicle Account in the
State Transportation Fund the amount appropriated by the Legislature
for the reimbursement of costs incurred by the Department of Motor
Vehicles in performing its duties pursuant to Sections 5004, 5004.5,
and 5022 and Article 8.5 (commencing with Section 5100) of Chapter 1
of Division 3 of the Vehicle Code. The reimbursement from the
California Environmental License Plate Fund shall only include those
additional costs that are directly attributable to any additional
duties or special handling necessary for the issuance, renewal, or
retention of the environmental license plates.
(c) The Controller shall transfer to the post fund of the Veterans'
Home of California, established pursuant to Section 1047 of the
Military and Veterans Code, all revenue derived from the issuance of
prisoner of war special license plates pursuant to Section 5101.5 of
the Vehicle Code less the administrative costs of the Department of
Motor Vehicles incurred in issuing and renewing those plates.
(d) The Director of Motor Vehicles shall certify the amounts of
the administrative costs of the Department of Motor Vehicles in
subdivision (c) to the Controller.
(e) The balance of the moneys in the California Environmental
License Plate Fund shall be available for expenditure only for the
exclusive trust purposes specified in Section 21190, upon
appropriation by the Legislature. However, all moneys derived from
the issuance of commemorative 1984 Olympic reflectorized license
plates in the California Environmental License Plate Fund shall be
used only for capital outlay purposes.
(f) All proposed appropriations for the California Environmental
Protection Program shall be summarized in a section in the Governor's
Budget for each fiscal year and shall bear the caption "California
Environmental Protection Program." The section shall contain a
separate description of each project for which an appropriation is
made. Each of these appropriations shall be made to the department
performing the project and accounted for separately.
(g) The budget the Governor presents to the Legislature pursuant
to subdivision (a) of Section 12 of Article IV of the California
Constitution shall include, as proposed appropriations for the
California Environmental Protection Program, only projects and
programs recommended for funding by the Secretary of the Natural
Resources Agency pursuant to subdivision (a) of Section 21193. The
Secretary of the Natural Resources Agency shall consult with the
Secretary for Environmental Protection before making any
recommendations to fund projects pursuant to subdivision (a) of
Section 21190.
(h) This section shall become operative on July 1, 2017.
SEC. 35. The heading of Chapter 6.5 (commencing
with Section 25550) of Division 15 of the Public Resources
Code is repealed.
CHAPTER 6.5. EXPEDITED SITING OF ELECTRICAL GENERATION
SEC. 36. Chapter 6.5 (commencing with Section 25550) is
added to Division 15 of the Public Resources Code, to read:
CHAPTER 6.5. NATURAL GAS RATING AND TRACKING
Article 1. Definitions
25550. For purposes of this chapter, the following definitions
apply:
(a) "Buyer of natural gas" means a gas corporation, local publicly
owned gas utility, noncore gas customer, or core transport agent.
(b) "Core transport agent" has the same meaning as set forth in
subdivision (b) of Section 980 of the Public Utilities Code.
(c) "Division" means the Division of Oil, Gas, and Geothermal
Resources.
(d) "Gas corporation" has the same meaning as set forth in Section
222 of the Public Utilities Code.
(e) "Natural gas infrastructure" means a natural gas facility used
for the production, gathering and boosting, processing,
transmission, storage, or distribution necessary for the delivery of
natural gas to end-use customers in California.
(f) "Noncore gas customer" means an entity that procures directly
from natural gas producers or natural gas marketers and is not a gas
corporation or local publicly owned gas utility.
(g) "Procure" means to acquire through ownership or contract.
(h) "Tracking" means using a system that communicates the pathway
of a given volume of natural gas from its initial production to its
delivery to end-use customers in this state.
Article 2. Natural Gas Tracking System
25555. (a) Not later than September 15, 2017, the commission
shall report to the respective budget committees of each house of the
Legislature on the resources needed to develop a plan for tracking
natural gas, and a recommendation for developing the plan,
considering cost-effectiveness and efficacy. This report shall
include the resources needed to do all of the following:
(1) Collect data from natural gas participants to support the work
described in subdivision (c). The commission shall consult with the
State Air Resources Board to determine the most appropriate data to
collect.
(2) Consider participation in, or formation of, interstate and
federal working groups, compacts, or agreements.
(3) Establish methods to ensure natural gas tracking data
reporting compliance by buyers of natural gas, and natural gas
producers, marketers, storers, and transporters.
(4) Provide data collected pursuant to paragraph (1) to the State
Air Resources Board to support the implementation of Section 39731 of
the Health and Safety Code.
(b) In the consideration of the report pursuant to subdivision
(a), the commission consult with, and receive information from,
stakeholders, including, but not limited to, the Public Utilities
Commission, the United States Environmental Protection Agency, the
United States Department of Energy, the State Air Resources Board,
the division, the Federal Energy Regulatory Commission, the United
States Department of Transportation Office of Pipeline Safety,
appropriate agencies in states where gas consumed in California is
produced, gathered and boosted, processed, transmitted, stored, or
distributed, representatives of the oil and gas industry, and
independent experts from academia and nongovernmental organizations.
(c) The State Air Resources Board, in consultation with the
commission, shall develop a model of fugitive and vented emissions of
methane from natural gas infrastructure. The model shall do all of
the following:
(1) Quantify emissions from specific natural gas infrastructure.
(2) Incorporate the current condition and current management
practices of specific natural gas infrastructure.
(3) Incorporate natural gas industry best management practices
established by the Public Utilities Commission pursuant to section
975 of the Public Utilities Code for gas corporations, by the United
States Environmental Protection Agency, by the division, and by other
relevant entities.
SEC. 37. Section 43053 of the Revenue
and Taxation Code is amended to read:
43053. The fees imposed pursuant to Sections 25205.2, 25205.5,
25205.7, and 25205.14 of the Health and Safety
Code shall be administered and collected by the board in accordance
with this part.
SEC. 38. Section 43152.10 of the
Revenue and Taxation Code is amended to read:
43152.10. The fees imposed pursuant to Sections 25205.7,
25205.8, 25205.14, 25221, and 25343 of the Health and Safety Code,
which are collected and administered under Sections 43053
and 43054, 43054 are due and payable
within 30 days after the date of assessment and the feepayer shall
deliver a remittance of the amount of the assessed fee to the office
of the board within that 30-day period, except as provided
in subdivision (e) of Section 25205.14 of the Health and Safety Code.
period.
SEC. 39. Section 5106 of the Vehicle
Code is amended to read:
5106. (a) In addition to the regular registration fee or a
permanent trailer identification fee, the applicant shall be charged
a fee of forty-eight dollars ($48) for issuance of environmental
license plates.
(b) In addition to the regular renewal fee or a permanent trailer
identification fee for the vehicle to which the plates are assigned,
the applicant for a renewal of environmental license plates shall be
charged an additional fee of thirty-eight dollars ($38). An applicant
with a permanent trailer identification plate shall be charged an
annual fee of thirty-eight dollars ($38) for renewal of environmental
license plates. However, applicants for renewal of prisoner-of-war
special license plates issued under Section 5101.5 shall not be
charged the additional renewal fee under this subdivision.
(c) When payment of renewal fees is not required as specified in
Section 4000, the holder of any environmental license plate may
retain the plate upon payment of an annual fee of thirty-eight
dollars ($38). The fee shall be due at the expiration of the
registration year of the vehicle to which the environmental license
plate was last assigned. However, applicants for retention of
prisoner-of-war special license plates issued under Section 5101.5
shall not be charged the additional retention fee under this
subdivision.
(d) Notwithstanding Section 9265, the applicant for a duplicate
environmental license plate shall be charged a fee of thirty-eight
dollars ($38).
(e) This section shall remain in effect only until January 1,
2017, and as of that date is repealed, unless a later enacted
statute, that is enacted before January 1, 2017, deletes or extends
that date.
SEC. 40. Section 5106 is added to the Vehicle Code, to
read:
5106. (a) In addition to the regular registration fee or a
permanent trailer identification fee, the applicant shall be charged
a fee of forty-eight dollars ($48) for issuance of environmental
license plates.
(b) In addition to the regular renewal fee or a permanent trailer
identification fee for the vehicle to which the plates are assigned,
the applicant for a renewal of environmental license plates shall be
charged an additional fee of forty-three dollars ($43). An applicant
with a permanent trailer identification plate shall be charged an
annual fee of forty-three dollars ($43) for renewal of environmental
license plates. However, applicants for renewal of prisoner-of-war
special license plates issued under Section 5101.5 shall not be
charged the additional renewal fee under this subdivision.
(c) When payment of renewal fees is not required as specified in
Section 4000, the holder of any environmental license plate may
retain the plate upon payment of an annual fee of forty-three dollars
($43). The fee shall be due at the expiration of the registration
year of the vehicle to which the environmental license plate was last
assigned. However, applicants for retention of prisoner-of-war
special license plates issued under Section 5101.5 shall not be
charged the additional retention fee under this subdivision.
(d) Notwithstanding Section 9265, the applicant for a duplicate
environmental license plate shall be charged a fee of forty-three
dollars ($43).
(e) This section shall become operative on January 1, 2017, and
shall become inoperative on July 1, 2017, and, as of January 1, 2018,
is repealed, unless a later enacted statute, that becomes operative
on or before January 1, 2018, deletes or extends the dates on which
it becomes inoperative
and is repealed.
SEC. 41. Section 5106 is added to the
Vehicle Code , to read:
5106. (a) In addition to the regular registration fee or a
permanent trailer identification fee, the applicant shall be charged
a fee of fifty-three dollars ($53) for issuance of environmental
license plates.
(b) In addition to the regular renewal fee or a permanent trailer
identification fee for the vehicle to which the plates are assigned,
the applicant for a renewal of environmental license plates shall be
charged an additional fee of forty-three dollars ($43). An applicant
with a permanent trailer identification plate shall be charged an
annual fee of forty-three dollars ($43) for renewal of environmental
license plates. However, applicants for renewal of prisoner-of-war
special license plates issued under Section 5101.5 shall not be
charged the additional renewal fee under this subdivision.
(c) When payment of renewal fees is not required as specified in
Section 4000, the holder of any environmental license plate may
retain the plate upon payment of an annual fee of forty-three dollars
($43). The fee shall be due at the expiration of the registration
year of the vehicle to which the environmental license plate was last
assigned. However, applicants for retention of prisoner-of-war
special license plates issued under Section 5101.5 shall not be
charged the additional retention fee under this subdivision.
(d) Notwithstanding Section 9265, the applicant for a duplicate
environmental license plate shall be charged a fee of forty-three
dollars ($43).
(e) This section shall become operative on July 1, 2017.
SEC. 42. Section 5108 of the Vehicle
Code is amended to read:
5108. (a) Whenever any person who has been
issued environmental license plates applies to the department for
transfer of the plates to another passenger vehicle, commercial motor
vehicle, trailer, or semitrailer, a transfer fee of thirty-eight
dollars ($38) shall be charged in addition to all other appropriate
fees.
(b) This section shall remain in effect only until January 1,
2017, and as of that date is repealed, unless a later enacted
statute, that is enacted before January 1, 2017, deletes or extends
that date.
SEC. 43. Section 5108 is added to the Vehicle Code, to
read:
5108. (a) Whenever any person who has been issued environmental
license plates applies to the department for transfer of the plates
to another passenger vehicle, commercial motor vehicle, trailer, or
semitrailer, a transfer fee of forty-three dollars ($43) shall be
charged in addition to all other appropriate fees.
(b) This section shall become operative on January 1, 2017.
SEC. 44. Section 1430 of the Water Code
is amended to read:
1430. A temporary permit issued under this chapter shall not
result in the creation of a vested right, even of a temporary nature,
but shall be subject at all times to modification or revocation in
the discretion of the board. The authorization to divert and use
water under a temporary permit shall automatically expire 180 days
after the authorization takes effect, unless an earlier date is
specified or the temporary permit is revoked. The 180-day period does
not include any time required for monitoring, reporting, or
mitigation before or after the authorization to divert or use water
under the temporary permit. If the temporary permit authorizes
diversion to storage, the 180-day period is a limitation on the
authorization to divert and not a limitation on the
authorization for beneficial use of water diverted to storage.
SEC. 45. Section 1440 of the Water Code
is amended to read:
1440. A temporary change order issued under this chapter shall
not result in the creation of a vested right, even of a temporary
nature, but shall be subject at all times to modification or
revocation in the discretion of the board. The authorization to
divert and use water under a temporary change order shall
automatically expire 180 days after the authorization takes effect,
unless an earlier date is specified or the temporary change order is
revoked. The 180-day period does not include any time required for
monitoring, reporting, or mitigation before or after the
authorization to divert or use water under the temporary change
order. If the temporary change order authorizes diversion to
storage, the 180-day period is a limitation on the authorization to
divert and not a limitation on the authorization for
beneficial use of water diverted to storage.
SEC. 46. Section 13205 of the Water
Code is amended to read:
13205. Each member of a regional board shall receive one
hundred dollars ($100) two hundred fifty dollars
($250) for each day during which that member is engaged in the
performance of official duties, except that no member shall
be entitled to receive the one hundred dollars ($100) compensation if
the member otherwise receives compensation from other sources for
performing those duties. duties. The performance of
official duties includes, but is not limited to, reviewing agenda
materials for no more than one day in preparation for each regional
board meeting. The total compensation received by members of
each all of the regional board
boards shall not exceed, in any one fiscal year,
the sum of thirteen thousand five hundred dollars
($13,500). three hundred seventy-eight thousand two
hundred fifty dollars ($378,250). A member may
decline compensation. In addition to the compensation, each member
shall be reimbursed for necessary traveling and other expenses
incurred in the performance of official duties.
SEC. 47. Section 79717 is added to the Water Code, to
read:
79717. (a) On or before January 10, 2017, and annually on or
before each January 10 thereafter, the Natural Resources Agency shall
submit to the relevant fiscal and policy committees of the
Legislature and to the Legislative Analyst's Office a report that
contains all of the following information relating to this division
for the previous fiscal year with the information summarized by
section of this division:
(1) Funding appropriations and encumbrances.
(2) Summary of new projects funded.
(3) Summary of projects completed.
(4) Discussion of progress towards meeting the metrics of success
established pursuant to Section 79716.
(5) Discussion of common challenges experienced by state agencies
and recipients of funding in executing projects.
(6) Discussion of major accomplishments and successes experienced
by state agencies and recipients of funding in executing projects.
(b) This section shall remain in effect only until January 1,
2022, and as of that date is repealed, unless a later enacted
statute, that is enacted before January 1, 2022, deletes or extends
that date.
SEC. 48. Section 258 of the Welfare and
Institutions Code is amended to read:
258. (a) Upon a hearing conducted in accordance with Section 257,
and upon either an admission by the minor of the commission of a
violation charged, or a finding that the minor did in fact commit the
violation, the judge, referee, or juvenile hearing officer may do
any of the following:
(1) Reprimand the minor and take no further action.
(2) Direct that the probation officer undertake a program of
supervision of the minor for a period not to exceed six months, in
addition to or in place of the following orders.
(3) Order that the minor pay a fine up to the amount that an adult
would pay for the same violation, unless the violation is otherwise
specified within this section, in which case the fine shall not
exceed two hundred fifty dollars ($250). This fine may be levied in
addition to or in place of the following orders and the court may
waive any or all of this fine, if the minor is unable to pay. In
determining the minor's ability to pay, the court shall not consider
the ability of the minor's family to pay.
(4) Subject to the minor's right to a restitution hearing, order
that the minor pay restitution to the victim, in lieu of all or a
portion of the fine specified in paragraph (3). The total dollar
amount of the fine, restitution, and any program fees ordered
pursuant to paragraph (9) shall not exceed the maximum amount which
may be ordered pursuant to paragraph (3). This paragraph shall not be
construed to limit the right to recover damages, less any amount
actually paid in restitution, in a civil action.
(5) Order that the driving privileges of the minor be suspended or
restricted as provided in the Vehicle Code or, notwithstanding
Section 13203 of the Vehicle Code or any other provision of law, when
the Vehicle Code does not provide for the suspension or restriction
of driving privileges, that, in addition to any other order, the
driving privileges of the minor be suspended or restricted for a
period of not to exceed 30 days.
(6) In the case of a traffic related offense, order the minor to
attend a licensed traffic school, or other court approved program of
traffic school instruction pursuant to Chapter 1.5 (commencing with
Section 11200) of Division 5 of the Vehicle Code, to be completed by
the juvenile within 60 days of the court order.
(7) Order that the minor produce satisfactory evidence that the
vehicle or its equipment has been made to conform with the
requirements of the Vehicle Code pursuant to Section 40150 of the
Vehicle Code if the violation involved an equipment violation.
(8) Order that the minor perform community service work in a
public entity or any private nonprofit entity, for not more than 50
hours over a period of 60 days, during times other than his or her
hours of school attendance or employment. Work performed pursuant to
this paragraph shall not exceed 30 hours during any 30-day period.
The timeframes established by this paragraph shall not be modified
except in unusual cases where the interests of justice would best be
served. When the order to work is made by a referee or a juvenile
hearing officer, it shall be approved by a judge of the juvenile
court.
For purposes of this paragraph, a judge, referee, or juvenile
hearing officer shall not, without the consent of the minor, order
the minor to perform work with a private nonprofit entity that is
affiliated with any religion.
(9) In the case of a misdemeanor, order that the minor participate
in and complete a counseling or educational program, or, if the
offense involved a violation of a controlled substance law, a drug
treatment program, if those programs are available. Fees for
participation shall be subject to the right to a hearing as the minor'
s ability to pay and shall not, together with any fine or restitution
order, exceed the maximum amount that may be ordered pursuant to
paragraph (3).
(10) Require that the minor attend a school program without
unexcused absence.
(11) If the offense is a misdemeanor committed between 10 p.m. and
6 a.m., require that the minor be at his or her legal residence at
hours to be specified by the juvenile hearing officer between the
hours of 10 p.m. and 6 a.m., except for a medical or other emergency,
unless the minor is accompanied by his or her parent, guardian, or
other person in charge of the minor. The maximum length of an order
made pursuant to this paragraph shall be six months from the
effective date of the order.
(12) Make any or all of the following orders with respect to a
violation of the Fish and Game Code which is not charged as a felony:
(A) That the fishing or hunting license involved be suspended or
restricted.
(B) That the minor work in a park or conservation area for a total
of not to exceed 20 hours over a period not to exceed 30 days,
during times other than his or her hours of school attendance or
employment.
(C) That the minor forfeit, pursuant to Section 12157 of the Fish
and Game Code, any device or apparatus designed to be, and capable of
being, used to take birds, mammals, fish, reptiles, or amphibia and
that was used in committing the violation charged. The judge,
referee, or juvenile hearing officer shall, if the minor committed an
offense that is punishable under Section 12008 or 12008.1
of the Fish and Game Code, order the device or apparatus forfeited
pursuant to Section 12157 of the Fish and Game Code.
(13) If the violation charged is of an ordinance of a city,
county, or local agency relating to loitering, curfew, or fare
evasion on a public transportation system, as defined by Section
99211 of the Public Utilities Code, or is a violation of Section 640
or 640a of the Penal Code, make the order that the minor shall
perform community service for a total time not to exceed 20 hours
over a period not to exceed 30 days, during times other than his or
her hours of school attendance or employment.
(b) If the minor is before the court on the basis of truancy, as
described in subdivision (b) of Section 601, all of the following
procedures and limitations shall apply:
(1) The judge, referee, or juvenile hearing officer shall not
proceed with a hearing unless both of the following have been
provided to the court:
(A) Evidence that the minor's school has undertaken the actions
specified in subdivisions (a), (b), and (c) of Section 48264.5 of the
Education Code. If the school district does not have an attendance
review board, as described in Section 48321 of the Education Code,
the minor's school is not required to provide evidence to the court
of any actions the school has undertaken that demonstrate the
intervention of a school attendance review board.
(B) The available record of previous attempts to address the minor'
s truancy.
(2) The court is encouraged to set the hearing outside of school
hours, so as to avoid causing the minor to miss additional school
time.
(3) Pursuant to paragraph (1) of subdivision (a) of Section 257,
the minor and his or her parents shall be advised of the minor's
right to refuse consent to a hearing conducted upon a written notice
to appear.
(4) The minor's parents shall be permitted to participate in the
hearing.
(5) The judge, referee, or juvenile hearing officer may continue
the hearing to allow the minor the opportunity to demonstrate
improved attendance before imposing any of the orders specified in
paragraph (6). Upon demonstration of improved attendance, the court
may dismiss the case.
(6) Upon a finding that the minor violated subdivision (b) of
Section 601, the judge, referee, or juvenile hearing officer shall
direct his or her orders at improving the minor's school attendance.
The judge, referee, or juvenile hearing officer may do any of the
following:
(A) Order the minor to perform community service work, as
described in Section 48264.5 of the Education Code, which may be
performed at the minor's school.
(B) Order the payment of a fine by the minor of not more than
fifty dollars ($50), for which a parent or legal guardian of the
minor may be jointly liable. The fine described in this subparagraph
shall not be subject to Section 1464 of the Penal Code or additional
penalty pursuant to any other law. The minor, at his or her
discretion, may perform community service, as described in
subparagraph (A), in lieu of any fine imposed under this
subparagraph.
(C) Order a combination of community service work described in
subparagraph (A) and payment of a portion of the fine described in
subparagraph (B).
(D) Restrict driving privileges in the manner set forth in
paragraph (5) of subdivision (a). The minor may request removal of
the driving restrictions if he or she provides proof of school
attendance, high school graduation, GED completion, or enrollment in
adult education, a community college, or a trade program. Any driving
restriction shall be removed at the time the minor attains 18 years
of age.
(c) (1) The judge, referee, or juvenile hearing officer shall
retain jurisdiction of the case until all orders made under this
section have been fully complied with.
(2) If a minor is before the judge, referee, or juvenile hearing
officer on the basis of truancy, jurisdiction shall be terminated
upon the minor attaining 18 years of age.
SEC. 49. Section 11 of Chapter 2 of the Statutes
of 2009, Seventh Extraordinary Session, is amended to read:
SEC. 11. Commencing (a)
(1) Except as provided in paragraph (2),
commencing with the 2010-11 fiscal year, and notwithstanding
Section 13340 of the Government Code, three million seven hundred
fifty thousand dollars ($3,750,000) is hereby continuously
appropriated, without regard to fiscal years, on an annual basis,
only from the fee revenue in the Water Rights Fund to the State Water
Resources Control Board for the purposes of funding 25.0 permanent
water right enforcement positions, as provided in Schedule (2) of
Item 3940-001-0439 of Section 2.00 of the Budget Act of 2009, as
amended by this act. Chapter 2 of the Seventh
Extraordinary Session of the Statutes of 2009.
(2) This subdivision makes appropriations, on an annual basis,
only for the fiscal years commencing with the 2010-11 fiscal year and
through the 2015-16 fiscal year. Annual appropriations made under
this subdivision are available for encumbrance only until June 30,
2016, and appropriations encumbered under this subdivision are
available for expenditure only until June 30, 2018.
(b) Commencing with the 2016-17 fiscal year, and notwithstanding
Section 13340 of the Government Code, three million seven hundred
fifty thousand dollars ($3,750,000) is hereby appropriated, on an
annual basis, only from the fee revenues in the Water Rights Fund to
the State Water Resources Control Board for the purposes of funding
the 25.0 permanent water right enforcement positions described in
subdivision (a). Each annual appropriation shall be available for
encumbrance only during the fiscal year of the appropriation and
available for liquidation only during the fiscal year of that annual
appropriation and the two fiscal years immediately following that
fiscal year.
SEC. 50. (a) On or before January 1, 2020, the Natural
Resources Agency shall submit to the relevant fiscal and policy
committees of the Legislature and to the Legislative Analyst's Office
a report summarizing lessons learned from the state's response to
the drought. The report shall compile information from the various
state entities responsible for drought response activities,
including, but not limited to, the State Water Resources Control
Board, the Department of Water Resources, the Department of Fish and
Wildlife, the Department of Forestry and Fire Protection, and the
Office of Emergency Services.
(b) The report shall discuss the state's drought response efforts
for at least all of the following categories:
(1) Drinking water.
(2) Water rights.
(3) Water supply, including groundwater and operations of the
State Water Project and the federal Central Valley Project.
(4) Water quality.
(5) Fish and wildlife.
(6) Water conservation.
(7) Fire protection.
(8) Emergency human assistance.
(c) The report shall include a discussion of, and data related to,
all of the following for each of the categories included in the
report pursuant to subdivision (b):
(1) Major drought response activities undertaken.
(2) Major challenges encountered.
(3) Efforts in which the state achieved notable successes.
(4) Efforts in which the state needs to make improvements.
(5) Recommendations for improving the state's response in the
future, including potential changes to state policy and additional
data the state should collect.
SEC. 51. The sum of two hundred thirty thousand dollars
($230,000) is hereby appropriated from the Timber Regulation and
Forest Restoration Fund to the Secretary of the Natural Resources
Agency to provide public process and scientific expertise and per
diem payments to nongovernmental participants of Timber Regulation
and Forest Restoration Program working groups.
SEC. 52. 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. 53. 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.
SECTION 1. It is the intent of the Legislature
to enact statutory changes relating to the 2016 Budget Act.
