Bill Text: CA SB148 | 2021-2022 | Regular Session | Amended
Bill Title: Budget Act of 2022.
Spectrum: Committee Bill
Status: (Engrossed - Dead) 2022-02-15 - From committee with author's amendments. Read second time and amended. Re-referred to Com. on BUDGET. [SB148 Detail]
Download: California-2021-SB148-Amended.html
Amended
IN
Assembly
June 27, 2021 |
Introduced by Committee on Budget and Fiscal Review |
January 08, 2021 |
LEGISLATIVE COUNSEL'S DIGEST
This bill would express the intent of the Legislature to enact statutory changes relating to the Budget Act of 2021.
Digest Key
Vote: MAJORITY Appropriation:Bill Text
The people of the State of California do enact as follows:
SECTION 1.
Section 2782.6 of the Civil Code is amended to read:2782.6.
(a) Nothing in subdivision (a) of Section 2782 prevents an agreement to indemnify a professional engineer or geologist or the agents, servants, independent contractors, subsidiaries, or employees of that engineer or geologist from liability as described in Section 2782 in providing hazardous materials identification, evaluation, preliminary assessment, design, remediation services, or other services of the types described in Sections 25322 and 25323 of the Health and Safety Code or the federal National Oil and Hazardous Substances Pollution Contingency Plan (40 C.F.R. Sec. 300.1 et seq.), if all of the following criteria are satisfied:SEC. 2.
Section 5122.5 is added to the Corporations Code, to read:5122.5.
The Secretary of State shall not reserve a corporate name or file articles using the name Golden State Energy unless those articles are for Golden State Energy, incorporated and operating pursuant to this part and Division 1.7 (commencing with Section 3400) of the Public Utilities Code.SEC. 3.
Section 17210 of the Education Code is amended to read:17210.
As used in this article, the following terms have the following meanings:SEC. 4.
Section 17213 of the Education Code is amended to read:17213.
The governing board of a school districtSEC. 5.
Section 1348 of the Fish and Game Code is amended to read:1348.
(a) The board shall authorize the acquisition of real property, rights in real property, water, or water rights as may be necessary to carry out the purposes of this chapter. The board may authorize acquisition by the department, but the department shall not acquire any property pursuant to this subdivision by eminent domain proceedings except that property as may be necessary to provide access roads or rights-of-way to areas to be used for fishing the coastal waters of the Pacific Ocean, and then only if the board of supervisors of the affected county has agreed by resolution to those proceedings for each parcel of land, and has further agreed by resolution to maintain the road or right-of-way. The board may authorize acquisition by the State Public Works Board, which may effect acquisitions pursuant to the Property AcquisitionSEC. 6.
Section 1350 of the Fish and Game Code is amended to read:1350.
(a) (1) The department shall, when authorized by the board, construct in accordance with law The
SEC. 7.
Section 1352 of the Fish and Game Code is amended to read:1352.
(a) The money in the Wildlife Restoration Fund, as provided for by Section 19632 of the Business and Professions Code, is available for expenditure under any provision of this chapter.SEC. 8.
Section 1745.1 of the Fish and Game Code is amended to read:1745.1.
(a) Notwithstanding any other provision of this code, the department may lease department-managed lands for agricultural activities, including, but not limited to, grazing, where consistent with the purpose for which the lands were acquired and compatible with the department’s approved management plan for the area, if available.SEC. 9.
Section 1745.2 of the Fish and Game Code is amended to read:1745.2.
(a) The department shall do both of the following:SEC. 10.
Section 569.5 is added to the Food and Agricultural Code, to read:569.5.
(a) There is hereby created the Climate Smart Agriculture Account in the Department of Food and Agriculture Fund, which shall consist of moneys made available from federal, state, industry, philanthropic, and private sources.SEC. 11.
Section 8670.2 of the Government Code is amended to read:8670.2.
The Legislature finds and declares as follows:SEC. 12.
Section 8670.3 of the Government Code is amended to read:8670.3.
Unless the context requires otherwise, the following definitions shall govern the construction of this chapter:(y)
(z)
(aa)
(ab)
(ac)
(ad)
(ae)
(af)
(ag)
(ah)
(ai)
(aj)
(ak)
SEC. 13.
Section 8670.40 of the Government Code is amended to read:8670.40.
(a) The(3)
(4)
(5)
(6)
(7)
(h)The amendments to this section enacted in Section 37 of Chapter 35 of the Statutes of 2014 shall become operative September
18, 2014.
SEC. 14.
Section 65850.2 of the Government Code is amended to read:65850.2.
(a) Each city and each county shall include, in its information list compiled pursuant to Section 65940 for development projects, or application form for projects that do not require a development permit other than a building permit, both of the following:SEC. 15.
Section 13143.9 of the Health and Safety Code is amended to read:13143.9.
(a) The State Fire Marshal shall, in carrying out Section 13143, prepare, adopt, and submit building standards and other fire and life safety regulations for approval pursuant to Chapter 4 (commencing with Section 18935) of Part 2.5 of Division 13 establishing minimum requirements for the storage, handling, and use of hazardous materials, as defined, in the California Fire Code. The State Fire Marshal shall seek the advice of theSEC. 16.
Section 25501 of the Health and Safety Code is amended to read:25501.
Unless the context indicates otherwise, the following definitions govern the construction of this article:(o)“Office” means the Office of Emergency Services.
(p)
(q)
(r)
(s)
(t)
(u)
(v)
SEC. 17.
Section 25503 of the Health and Safety Code is amended to read:25503.
(a) The(4)Define what releases and threatened releases are required to be reported pursuant to Section 25510. The office shall consider the existing federal reporting requirements in determining a definition of reporting releases pursuant to Section 25510.
SEC. 18.
Section 25504 of the Health and Safety Code is amended to read:25504.
(a) The Legislature hereby finds and declares that persons attempting to do business in this state are increasingly experiencing excessive and duplicative regulatory requirements at different levels of government.SEC. 19.
Section 25506 of the Health and Safety Code is amended to read:25506.
(a) The secretary, in coordination with the(2)The office may adopt or amend existing regulations specifying the inventory information required by this subdivision.
SEC. 20.
Section 25507 of the Health and Safety Code is amended to read:25507.
(a) Except as provided in this article, a business shall establish and implement a business plan for emergency response to a release or threatened release of a hazardous material in accordance with the standards prescribed in the regulations adopted pursuant to Section 25503 if the business meets any of the following conditions at any unified program facility:SEC. 21.
Section 25507.1 of the Health and Safety Code is amended to read:25507.1.
(a) A unified program agency shall exempt a business operating a farm for purposes of cultivating the soil or raising or harvesting any agricultural or horticultural commodity from filing the information in the business plan required by paragraphs (3) and (4) of subdivision (a) of Section 25505 if all of the following requirements are met:SEC. 22.
Section 25510 of the Health and Safety Code is amended to read:25510.
(a) Except as provided in subdivision (b), the handler or an employee, authorized representative, agent, or designee of a handler, shall, upon discovery, immediately report any release or threatened release of a hazardous material, or an actual release of a hazardous substance, as defined in Section 374.8 of the Penal Code, to the UPA, and to theSEC. 23.
Section 25510.1 of the Health and Safety Code is amended to read:25510.1.
(a) A business required to submit a followup emergency notice pursuant to Section 11004(c) of Title 42 of the United States Code shall submit the notice on a form approved by theSEC. 24.
Section 25516 of the Health and Safety Code is amended to read:25516.
(a) A person who provides information that materially contributes to the imposition of a civil penalty, whether by settlement or court order, under Section 25515 or 25515.2, as determined by the city attorney, district attorney, or the Attorney General filing the action, shall be paid a reward by the unified program agency or the state equal to 10 percent of the amount of the civil penalty collected. The reward shall be paid from the amount of the civil penalty collected. No reward paid pursuant to this subdivision shall exceed five thousand dollars ($5,000).SEC. 25.
Section 25517 of the Health and Safety Code is amended to read:25517.
TheSEC. 26.
Section 25531.2 of the Health and Safety Code is amended to read:25531.2.
(a) The Legislature finds and declares that as the state implements the federal accidental release prevention program pursuant to this article, theSEC. 27.
Section 25532 of the Health and Safety Code is amended to read:25532.
Unless the context indicates otherwise, the following definitions govern the construction of this article:(f)“Office” or “agency” means the Office of Emergency Services.
(g)
(h)
(i)
(j)
(k)
(l)
(n)“Special needs population” means individuals who may have additional response assistance needs before, during, and after an incident in functional areas, including, but not limited to, maintaining independence, communication, transportation, supervision, or medical care. Individuals in need of additional response assistance may include those who have disabilities, live in institutionalized settings, are elderly, are children, are from diverse cultures, have limited English proficiency or are non-English speaking, or are transportation disadvantaged.
(o)
(p)
(q)
SEC. 28.
Section 25533 of the Health and Safety Code is amended to read:25533.
(a) The program for prevention of accidental releases of regulated substances adopted by the United States Environmental Protection Agency pursuant to subsection (r) of Section 112 of the federal Clean Air Act (42 U.S.C.(f)Notwithstanding any other provision of law, at any time there is no local agency certified to implement in a city or unincorporated portion of a county the unified program established pursuant to Chapter 6.11 (commencing with Section 25404), the office shall do one of the following:
(1)Authorize the administering agency which implemented this article in the city or county as of December 31, 1993, to continue to implement this article until such time as a local agency is certified to implement the unified program.
(2)Assume authority and responsibility to implement this article in that city or county until a local agency is certified to implement the unified program, in which case all references in this article to the administering agency shall be deemed to refer to the office.
SEC. 29.
Section 25534 of the Health and Safety Code is amended to read:25534.
(a) For any stationary source with one or more covered processes, theSEC. 30.
Section 25534.05 of the Health and Safety Code is amended to read:25534.05.
(a) TheSEC. 31.
Section 25534.06 of the Health and Safety Code is amended to read:25534.06.
(a) A city or county that adopts, amends, or repeals an ordinance related to the regulation of regulated substances pursuant to this article shall do so at a public meeting for which notice has been given in a newspaper of general circulation that is published and circulated in the affected city or county, and the city or county shall state in the ordinance the reasons for adopting, amending, or repealing the ordinance.(d)The California Environmental Protection Agency shall not implement subdivision (b) or (c) until July 1, 2001, unless otherwise authorized to do so on an earlier date, in accordance with a process for considering exemptions established by the Year 2000 Executive Committee, pursuant to Executive Order D-3-99.
SEC. 32.
Section 25534.5 of the Health and Safety Code is amended to read:25534.5.
TheSEC. 33.
Section 25535 of the Health and Safety Code is amended to read:25535.
(a) An owner or operator of a stationary source submitting an RMP pursuant to this article shall submit the RMP to theSEC. 34.
Section 25535.1 of the Health and Safety Code is amended to read:25535.1.
(a) Except as otherwise provided in this article, an owner or operator of a stationary source shall prepare an RMP if an RMP is required pursuant to Part 68 (commencing with Section 68.1) of Subchapter C of Chapter I of Title 40 of the Code of Federal Regulations or if theSEC. 35.
Section 25535.2 of the Health and Safety Code is amended to read:25535.2.
Within 15 days after theSEC. 36.
Section 25535.5 of the Health and Safety Code is amended to read:25535.5.
Any fee imposed on any stationary source to cover theSEC. 37.
Section 25536 of the Health and Safety Code is amended to read:25536.
(a) A person or a stationary source with one or more covered processes shall comply with the requirements of this article no later than the latest date specified in Subpart A (commencing with Section 68.1) of Part 68 of Subchapter C of ChapterSEC. 38.
Section 25536.6 of the Health and Safety Code is amended to read:25536.6.
(a) Each local implementing agency shall develop an integrated alerting and notification system, in coordination with local emergency management agencies, unified program agencies, local first response agencies, petroleum refineries, and the public, to be used to notify the community surrounding a petroleum refinery in the event of an incident at the refinery warranting the use of the automatic notification system. The integrated alerting and notification system shall include the following when determined to be appropriate and consistent with the unified program agency area plan:SEC. 39.
Section 25536.9 of the Health and Safety Code is amended to read:25536.9.
On or before February 1, 2018, an owner or operator of a stationary source that claims that it is exempt from the requirement in paragraph (1) of subdivision (a) of Section 25536.7 pursuant to the exception in paragraph (4) of subdivision (a) of Section 25536.7 shall file with theSEC. 40.
Section 25537 of the Health and Safety Code is amended to read:25537.
(a) (1) TheSEC. 41.
Section 25537.5 of the Health and Safety Code is amended to read:25537.5.
(a) Where a stationary source has one or more covered processes, and is subject to the requirements of Article 1 (commencing with Section 25500) for the same substance, compliance with this article shall be deemed compliance with Article 1 (commencing with Section 25500) for that substance, to the extent not inconsistent with federal law and with Article 1 (commencing with Section 25500).SEC. 42.
Section 25538 of the Health and Safety Code is amended to read:25538.
(a) If a stationary source believes that any information required to be reported, submitted, or otherwise provided to theSEC. 43.
Section 25539 of the Health and Safety Code is amended to read:25539.
TheSEC. 44.
Section 25541.5 of the Health and Safety Code is amended to read:25541.5.
If civil penalties are recovered pursuant to Section 25540 or 25540.5, the same offense shall not be the subject of a criminal prosecution pursuant to Section 25541 or 25541.3. WhenSEC. 45.
Section 25542 of the Health and Safety Code is amended to read:25542.
(a) It is the intent of the Legislature that for those facilities with an RMP incorporating some, or all, of the federal or state process safety management program under the federal Occupational Safety and Health Act of 1970 (29 U.S.C.SEC. 46.
Section 25543 of the Health and Safety Code is amended to read:25543.
TheSEC. 47.
Section 25543.1 of the Health and Safety Code is amended to read:25543.1.
(a) Any person may submit a petition to theSEC. 48.
Section 25543.2 of the Health and Safety Code is amended to read:25543.2.
(a) A stationary source that intends to modify a facilitySEC. 49.
Section 25543.3 of the Health and Safety Code is amended to read:25543.3.
SEC. 50.
Section 25545 of the Health and Safety Code is amended to read:25545.
TheSEC. 51.
Section 7856 of the Labor Code is amended to read:7856.
By March 31, 2014, the board shall adopt process safety management standards for refineries, chemical plants, and other manufacturing facilities, as specified in Codes 28 (Chemical and Allied Products) and 29 (Petroleum Refining and Related Industries) of the Manual of Standard Industrial Classification Codes, published by the United States Office of Management and Budget, 1987 Edition, that handle regulated substances as defined in subdivisionSEC. 52.
Section 5010.2.5 is added to the Public Resources Code, to read:5010.2.5.
(a) On or before September 1, 2021, the department may establish a “California State Park Adventure Pass.” The pass shall be available, upon application to the department, to any child in the 4th grade, or 4th grade equivalent, who is a California resident.SEC. 53.
Section 5011 of the Public Resources Code is amended to read:5011.
(a) Any person receiving aid to the aged, blind, or disabled under Chapter 3 (commencing with Section 12000) of Part 3 of Division 9 of the Welfare and Institutions Code, any person receiving aid to families with dependent children under Chapter 2 (commencing with Section 11200) of Part 3 of Division 9 of the Welfare and Institutions Code, or any person over 62 years of age whose total monthly income from all sources, including any old age assistance payments, does not exceed the amount specified in subdivision (c) of Section 12200 of the Welfare and Institutions Code for a single person, or in subdivision (d) of that section for married persons, as adjusted pursuant to Section 12201 of that code, upon application therefor and payment of five dollars ($5) to the Department of Parks and Recreation, shall be issued a “Golden Bear Pass” The
Notwithstanding the preceding paragraph,
SEC. 54.
Section 8750 of the Public Resources Code is amended to read:8750.
Unless the context requires otherwise, the following definitions govern the construction of this division:SEC. 55.
Section 14515.8 of the Public Resources Code is amended to read:14515.8.
(a) “Pilot project recycler” means a recycling location establishedSEC. 56.
Section 14571.9 of the Public Resources Code is amended to read:14571.9.
(a) (1) Until(c)No later than 90 days after the effective date of this section, the department shall hold at least one public workshop with interested stakeholders to solicit feedback on the pilot project program described in this section, including feedback on the factors that may
be considered in the approval of a pilot project.
(d)
(e)
(f)
(g)
(h)
(i)
(j)
(k)
(l)This section shall become inoperative on July 1, 2022, and, as of January 1, 2023, is repealed.
SEC. 57.
Section 14581 of the Public Resources Code is amended to read:14581.
(a) Subject to the availability of funds and in accordance with subdivision (b), the department shall expend the moneys set aside in the fund, pursuant to subdivision (c) of Section 14580, for the purposes of this section in the following manner:SEC. 58.
Section 21151.4 of the Public Resources Code is amended to read:21151.4.
(a) An environmental impact report shall not be certified or a negative declaration shall not be approved for any project involving the construction or alteration of a facility within one-fourth of a mile of a school that might reasonably be anticipated to emit hazardous air emissions, or that would handle an extremely hazardous substance or a mixture containing extremely hazardous substances in a quantity equal to or greater than the state threshold quantity specified pursuant to subdivisionSEC. 59.
Section 21151.8 of the Public Resources Code is amended to read:21151.8.
(a) An environmental impact report shall not be certified or a negative declaration shall not be approved for a project involving the purchase of a schoolsite or the construction of a new elementary or secondary school by a school district unless all of the following occur:SEC. 60.
Section 25711.5 of the Public Resources Code is amended to read:25711.5.
In administering moneys in the fund for research, development, and demonstration programs under this chapter, the commission shall develop and implement the Electric Program Investment Charge (EPIC) program to do all of the following:SEC. 61.
Section 41821 of the Public Resources Code is amended to read:41821.
(a) (1) Each year following theSEC. 62.
Section 270 of the Public Utilities Code is amended to read:270.
(a) The following funds are hereby created in the State Treasury:SEC. 63.
Section 282 of the Public Utilities Code is amended to read:282.
AnySEC. 64.
Section 46001.5 of the Revenue and Taxation Code is amended to read:46001.5.
(a) TheSEC. 65.
Section 46007 of the Revenue and Taxation Code is amended to read:46007.
SEC. 66.
Section 46008 of the Revenue and Taxation Code is amended to read:46008.
“Barrel” means 42 gallons of crudeSEC. 67.
Section 46011 of the Revenue and Taxation Code is amended to read:46011.
(a) “Facility” means any of the following located in state waters or located where an oil spill may impact state waters:SEC. 68.
Section 46017 of the Revenue and Taxation Code is amended to read:46017.
“Marine terminal” means any facility used for transferring crudeSEC. 69.
Section 46021 of the Revenue and Taxation Code is amended to read:46021.
“Petroleum products” means any liquid hydrocarbon at atmospheric temperature and pressure that is the product of the fractionation, distillation, or other refining or processing of crude oil and that is used as, useable as, or may be refined as, a fuel or fuel blendstock, including, but not limited to, gasoline, diesel fuel, aviation fuel, bunker fuel, andSEC. 70.
Section 46023 of the Revenue and Taxation Code is amended to read:46023.
“Refinery” means a facility that refines crude oil, including condensate and natural gasoline, into petroleum products, lubricating oils, coke, orSEC. 71.
Section 46024 is added to the Revenue and Taxation Code, to read:46024.
(a) “Renewable fuel” means any liquid produced from nonpetroleum renewable resources that is used or useable as a fuel, or such liquid that may be blended with other types of fuels. Renewable fuel includes fuels that may contain up to 5 percent petroleum product.SEC. 72.
Section 46025 is added to the Revenue and Taxation Code, to read:46025.
“Ship,” “shipment,” or “shipped” means any physical transfer of renewable fuel from a renewable fuel production facility. However, renewable fuel is not shipped when it evaporates or is otherwise lost or destroyed.SEC. 73.
Section 46028 of the Revenue and Taxation Code is amended to read:46028.
“Tanker” means a self-propelledSEC. 74.
Section 46053 of the Revenue and Taxation Code is amended to read:46053.
Any fees collected from an owner of crudeSEC. 75.
Section 46101 of the Revenue and Taxation Code is amended to read:46101.
(a) Every person who operates a refinery in this state, a marine terminal inSEC. 76.
Section 46151 of the Revenue and Taxation Code is amended to read:46151.
(a) The fees collected and administered under Sections 46051 and 46052 are due and payable to theSEC. 77.
Section 46751 of the Revenue and Taxation Code is amended to read:46751.
(a) TheSEC. 78.
Section 81023 of the Water Code is amended to read:81023.
(a) Consistent with Division 26.7 (commencing with Section 79700), the sum of(a)(1)Five million dollars ($5,000,000) for a pilot project for local agencies to provide water efficiency upgrades to eligible residents at no upfront cost.
(2)Five million dollars ($5,000,000) for local agencies to provide
low-interest loans to customers to finance the installation of onsite improvements to repair or replace, as necessary, cracked or leaking water pipes to conserve water.
SEC. 79.
No reimbursement is required by this act pursuant to Section 6 of Article XIII B of the California Constitution because a local agency or school district has the authority to levy service charges, fees, or assessments sufficient to pay for the program or level of service mandated by this act or because costs that may be incurred by a local agency or school district will be incurred because this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIII B of the California Constitution.SEC. 80.
This act is a bill providing for appropriations related to the Budget Bill within the meaning of subdivision (e) of Section 12 of Article IV of the California Constitution, has been identified as related to the budget in the Budget Bill, and shall take effect immediately.It is the intent of the Legislature to enact statutory changes relating to the Budget Act of 2021.