Bill Text: CA AB77 | 2013-2014 | Regular Session | Amended
Bill Title: Budget Act of 2013: public resources.
Spectrum: Partisan Bill (Democrat 16-0)
Status: (Engrossed - Dead) 2013-06-20 - Assembly refused to concur in Senate amendments. To Conference Committee. (Ayes 2. Noes 77. Page 2106.) [AB77 Detail]
Download: California-2013-AB77-Amended.html
BILL NUMBER: AB 77 AMENDED
BILL TEXT
AMENDED IN SENATE JUNE 14, 2013
AMENDED IN SENATE JUNE 13, 2013
AMENDED IN SENATE JUNE 12, 2013
INTRODUCED BY Committee on Budget (Blumenfield (Chair), Bloom,
Bonilla, Campos, Chesbro, Daly, Dickinson, Gordon, Jones-Sawyer,
Mitchell, Mullin, Muratsuchi, Nazarian, Skinner, Stone, and Ting)
JANUARY 10, 2013
An act to amend Section 1352 of, to add Section 2850.5 to, and to
repeal Section 712.5 of, the Fish and Game Code, to amend Sections
927.9, 11549.3, and 51018 of the Government Code, to amend
Sections 25178.1, 25189.3, 25205.4, 25205.7, 25205.12, 25205.14,
25205.18, 25205.19, 25205.21, 25247, and 44299.91 of, to amend and
repeal Sections 25174.1, 25174.2, 25174.6, 25174.7, and 25205.15 of,
to amend, repeal, and add Sections 25160, 25174, 25175, 25205.2,
25205.3, 25205.5, 25205.5.1, 25205.16, 25205.22, 25207.12, and
25250.24 of, to add Section 25205.5.2 to, and to repeal Sections
25174.11, 25205.9, and 25205.20 of, Section 44299.91
of the Health and Safety Code, to amend Section 12211 of the
Public Contract Code, to amend Sections 4785, 5018.1, 5080.18,
5096.650, 14538, 14539, 14549.5, 14553, 14572, 14591, 25751, 26052,
26055, 26060, 26062, 26063, 35600, 35605, 35625, 42977, 48704, 71300,
71301, 71302, 71303, 71304, and 71305 of, to add Sections 25711.5
and 25711.7 to, and to repeal Sections 4124 and 4515 of, the Public
Resources Code, to amend Sections 309.5, 2851, and 5900 of, and to
add Sections 318, 740.5, 854.5, and 2120 to, the Public Utilities
Code, to amend Sections 43053, 43101, 43152, 43152.7, and
43152.10 of, to amend and repeal Sections 43002.3, 43051, and 43151
of, to amend, repeal, and add Sections 43012 and 43152.15 of, and to
repeal Sections 43005.5, 43055, 43152.11, and 43152.16 of, the
Revenue and Taxation Code, to add Section 104.22 to the
Streets and Highways Code, to amend Section 85200 of, and to add
Section 10001.7 to, the Water Code, and to repeal Section 34 of
Chapter 718 of the Statutes of 2010, relating to public resources,
and making an appropriation therefor, to take effect immediately,
bill related to the budget.
LEGISLATIVE COUNSEL'S DIGEST
AB 77, as amended, Committee on Budget. Budget Act of 2013: public
resources.
(1) Existing law requires that any moneys appropriated from the
Public Resources Account in the Cigarette and Tobacco Products Surtax
Fund for programs to protect, restore, enhance, or maintain
waterfowl habitat be transferred to the Department of Fish and
Wildlife for expenditure for those same purposes.
Existing law requires that any moneys appropriated to the
Department of Fish and Wildlife from the California Environmental
License Plate Fund in an amount not to exceed the amount transferred
to the Department of Fish and Wildlife pursuant to the above
provisions be transferred to the Department of Parks and Recreation
for expenditure for exclusive trust purposes that include, among
other things, the acquisition, preservation, restoration, or any
combination thereof, of natural areas or ecological reserves.
This bill would repeal these provisions.
(2) The Wildlife Conservation Law of 1947 authorizes the Wildlife
Conservation Board to, among other things, authorize the Department
of Fish and Wildlife to lease, sell, exchange, or otherwise transfer
any real property, interest in real property, or option acquired by
or held under the jurisdiction of the board or the department. The
law also authorizes the board to authorize the department to lease
degraded potential wildlife habitat real property to nonprofit
organizations, local governmental agencies, or state and federal
agencies if specified conditions are met. The law requires proceeds
from specified transactions, including leases, entered into pursuant
to these provisions to be deposited into the Wildlife Restoration
Fund, except as provided.
This bill would require any moneys received in the Wildlife
Restoration Fund from leases pursuant to these provisions to be
expended, upon appropriation, by the Department of Fish and Wildlife
for the purposes of managing, maintaining, restoring, or operating
lands owned and managed by the department.
(3) The California Prompt Payment Act dictates that a state agency
that fails to make a timely payment for goods or services acquired
pursuant to a contract with a specified business or organization is
subject to a late payment penalty. The act requires state agencies,
on an annual basis within 90 calendar days following the end of each
fiscal year, to provide the Director of General Services with a
report on late payment penalties that were paid by the agency during
the preceding fiscal year.
This bill would exclude the Department of Forestry and Fire
Protection from the above-described reporting requirements.
(4) Existing law creates the Office of Information Security in the
Department of Technology, to ensure the confidentiality, integrity,
and availability of state systems and applications, and to promote
and protect consumer privacy to ensure the trust of the residents of
the state. The office is under the direction of a director. Existing
law authorizes the office to conduct, or require to be conducted,
independent security assessments of any state agency, department, or
office, the cost of which is required to be funded by the state
agency, department, or office being assessed.
This bill would prohibit the office from requiring an independent
security assessment of the Department of Forestry and Fire
Protection.
(5) Existing law requires the State Fire Marshal to issue a report
identifying pipeline leak incident rate trends, reviewing current
regulatory effectiveness with regard to pipeline safety, and
recommending any necessary changes to the Legislature. Existing law
requires a pipeline operator, within 30 days of a pipeline rupture,
explosion, or fire, to file a report with the State Fire Marshal.
This bill would delete these requirements.
(6) Existing law requires a generator of hazardous waste to
complete, sign, and provide to certain persons a manifest containing
specific information under certain circumstances when hazardous waste
is to be transported and, with certain exceptions, imposes a fee on
the use of the hazardous waste manifest.
This bill would, on and after January 1, 2014, eliminate the fee
on the use of the manifest.
(7) Existing law requires the State Board of Equalization to
provide to the Legislature quarterly reports on various hazardous
waste fees collected.
This bill would make conforming changes with regard to those
reports.
(8) Existing law requires the Department of Toxic Substances
Control (DTSC) to suspend the permit of a facility for nonpayment of
facility fees if the State Board of Equalization certifies in writing
specified facts.
This bill would additionally authorize DTSC to certify in writing
those facts.
(9) Existing law exempts from the hazardous waste facility fee a
treatment facility engaged in treatment to accomplish a removal or
remedial action or a corrective action in accordance with an order
issued by the United States Environmental Protection Agency.
This bill would, on and after January 1, 2014, exempt from the
hazardous waste facility fee a treatment facility engaged in removal
or remedial actions pursuant to a removal action work plan or a
remedial action plan that meets specific requirements and is
authorized to operate by DTSC.
(10) Existing law establishes a base rate for the 1997 reporting
period for a hazardous waste facility fee at $19,761 and requires for
each reporting period thereafter that the State Board of
Equalization adjust the base rate annually to reflect changes in the
cost of living during the prior fiscal year.
This bill would, instead, establish the base rate for the 2013
reporting period for that fee at $30,005, and would require the State
Board of Equalization to adjust the base rate and other specified
rates related to hazardous waste annually to reflect increases or
decreases in the cost of living during the prior fiscal year.
(11) Existing law requires a person who disposes of hazardous
waste to pay a disposal fee. Existing law assesses a hazardous waste
generator fee with a base rate of $2,748.
This bill would revise and recast these provisions to eliminate
the disposal fee, and instead the bill would assess, on and after
January 1, 2014, a generation and handling fee of $31.52 per ton of
hazardous waste generated, except as specified. The bill would
require the State Board of Equalization to adjust the fee schedule to
reflect changes in the cost of living during the prior fiscal year.
(12) Existing law provides a hazardous waste generator with a
credit toward the generator fee if the generator pays an inspection
fee to a Certified Unified Program Agency with jurisdiction over the
facility or transfers hazardous materials offsite for recycling.
This bill would, on and after January 1, 2014, repeal those
credits.
(13) Existing law provides a person who applies for, or requests,
specified permits, variances, or waste classification determinations
with the option of paying a flat fee or entering into a reimbursement
agreement to reimburse DTSC for costs incurred in processing the
application or response to the request.
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 DTSC in reviewing and
overseeing corrective action.
(14) Existing law imposes an annual verification fee upon
generators, transporters, and facility operators with more than 50
employees that possess a valid identification number issued by DTSC
or the United States Environmental Protection Agency.
This bill would, on and after January 1, 2014, eliminate that fee.
(15) Existing law exempts from certain reimbursement requirements
an application to modify a permit for a facility's allowable capacity
for treatment or storage of hazardous waste. Existing law exempts,
from fees assessed on used oil, used oil removed from a motor vehicle
that is subsequently recycled by a permitted recycler.
This bill would eliminate those exemptions. Because a failure to
pay this fee is a crime, this bill would impose a state-mandated
local program.
(16) Existing law exempts from the hazardous waste generator fee a
person transporting, importing, or receiving certain hazardous waste
imported into the state.
This bill would, on and after January 1, 2014, eliminate this
exemption. Because a failure to pay this fee is a crime, this bill
would impose a state-mandated local program.
(17) This bill would make conforming changes and delete obsolete
provisions pertaining to the state's hazardous waste programs.
(18)
( 6) Existing law, the Highway Safety,
Traffic Reduction, Air Quality, and Port Security Bond Act of 2006,
approved by the voters as Proposition 1B at the November 7, 2006,
statewide general election, authorizes the issuance of
$19,925,000,000 of general obligation bonds for specified purposes,
including schoolbus retrofit and replacement purposes. Existing law
also establishes various programs for the reduction of vehicular air
pollution, including the Lower-Emission School Bus Program adopted by
the State Air Resources Board. Existing law appropriates funds to
the state board and requires the state board to allocate these bond
funds in specified ways, including funding to local air pollution
control and air quality management districts.
This bill would require funds authorized by the State Air
Resources Board during or subsequent to the 2013-14 fiscal year to be
allocated to local air pollution control and air quality management
districts by prioritizing to retrofit or replace the most polluting
schoolbuses in small local air pollution control and air quality
management districts first and then medium local air pollution
control and air quality management districts as defined by the state
board. The bill would require each allocation to provide sufficient
funding for at least one project to be implemented pursuant to the
Lower-Emission School Bus Program. The bill, if a local air pollution
control or air quality management district has unspent funds within
6 months of the expenditure deadline, would require the local air
pollution control or air quality management district to work with the
state board to transfer those funds to an alternative local air
pollution control or air quality management district with existing
demand.
(19)
( 7) Existing law requires a state agency to
report annually to the Department of Resources Recycling and
Recovery on its progress in meeting recycled product purchasing
requirements and requires the Department of Resources Recycling and
Recovery to provide this reported information to the Legislature in
an agency-specific report.
This bill would exempt the Department of Forestry and Fire
Protection from this reporting requirement and would delete the
requirement that the Department of Resources Recycling and Recovery
provide the report to the Legislature.
(20)
( 8) Existing law requires the Department of
Forestry and Fire Protection to submit an annual report to the Joint
Legislative Budget Committee regarding emergency incidents.
This bill would delete this requirement and other obsolete
reporting provisions.
(21)
( 9) Existing law requires the State Board
of Forestry and Fire Protection to submit a report to the Legislature
on the actions taken by the board relating to forest practices, as
provided. Existing law requires the Department of Forestry and Fire
Protection to prepare reports for the board setting forth data as to
the experiments conducted by the department, and existing law
requires the board to make these reports available to the
Legislature.
This bill would delete the requirements that the board provide
these reports to the Legislature.
(22)
(10) Existing law authorizes the Department of Finance
to delegate to the Department of Parks and Recreation the right to
exercise the same authority granted to the Division of the State
Architect and the Real Estate Services Division in the Department of
General Services, to plan, design, construct, and administer
contracts and professional services for legislatively approved
capital outlay projects. This provision is repealed as of January 1,
2014.
This bill would extend the repeal date to January 1, 2019.
(23)
(11) Existing law authorizes the Department of Parks
and Recreation to enter into contracts with natural persons,
corporations, partnerships, and associations for the construction,
maintenance, and operation of concessions within units of the state
park system. Existing law requires those concession contracts to
contain certain specified provisions, including a provision that the
maximum term shall be 10 years, except that a term of more than 10
years may be provided if the Director of Parks and Recreation
determines that the longer term is necessary to allow the
concessionaire to amortize improvements made by the concessionaire,
to facilitate the full utilization of a structure that is scheduled
by the department for replacement or redevelopment, or to serve the
best interests of the state. Existing law prohibits, with certain
exceptions, the term of a concession contract from exceeding 20 years
without specific authorization by statute.
This bill would authorize the term to exceed 20 years for a
concession agreement at Will Rogers State Beach executed prior to
December 31, 1997, as provided, without specific authorization by
statute upon approval by the director and pursuant to a determination
by the director that the longer term is necessary to allow the
concessionaire to amortize improvements made by the concessionaire
that are anticipated to exceed $1,500,000 in capital improvements.
The bill would prohibit the extension of the term from exceeding 15
years.
(24)
(12 ) Existing law, the California Clean
Water, Clean Air, and Safe Neighborhood Parks, and Coastal Protection
Act of 2002, approved by the voters as Proposition 40 at the March
5, 2002, statewide primary election, authorizes the issuance of bonds
in the amount of $2,600,000,000, for the purpose of financing a
program for the acquisition, development, restoration, protection,
rehabilitation, stabilization, reconstruction, preservation, and
interpretation of park, coastal, agricultural land, air, and
historical resources, as specified.
Proposition 40 requires that a specified sum from the proceeds of
bonds issued and sold under its provisions, which is available upon
appropriation by the Legislature, be allocated to the State Air
Resources Board for grants to air pollution control and air quality
management districts pursuant to the Carl Moyer Memorial Air Quality
Standards Attainment Program for projects that reduce air pollution
that affects air quality in state and local park and recreation
areas.
This bill would require that allocations of these funds to the
Lower-Emission School Bus Program be prioritized to retrofit or
replace the most polluting schoolbuses in small local air quality
management districts first and then to medium local air quality
management districts as defined by the state board. The bill would
require that each allocation for this purpose provide enough funding
for at least one project to be implemented pursuant to the
Lower-Emission School Bus Program. The bill, if a local air quality
management district has unspent funds within 6 months of the
expenditure deadline, would require the local air quality management
district to work with the state board to transfer funds to an
alternative local air quality management district with existing
demand.
(25)
(13 ) Existing law, the California Beverage
Container Recycling and Litter Reduction Act, requires a distributor
to pay a redemption payment for every beverage container sold or
offered for sale in the state to the Department of Resources
Recycling and Recovery. The act requires that every convenience zone
be served by at least one certified recycling center and the
department is required to certify recycling centers and processors
for purposes of the act. The Director of Resources Recycling and
Recovery is required to adopt, by regulation, procedures for the
certification of recycling centers and processors.
This bill would require the Department of Resources Recycling and
Recovery to review whether an application for certification as a
recycling center or processor, or renewal of a certification, is
complete within 30 working days of receipt and if the department
deems an application complete, the department would be required to
approve or deny the application no later than 60 calendar days after
the date when the application was deemed complete. The bill would
also require, on and after January 1, 2014, an applicant for
certification as a recycling center or processor, or for renewal of a
certification, to complete a precertification training program and
meet all other qualification requirements prescribed by the
department, which would be authorized to include requiring the
applicant to obtain a passing score on an examination administered by
the department.
(26)
(14 ) Existing law specifies requirements
for the reports, claims, and information required to be submitted to
the Department of Resources Recycling and Recovery pursuant to the
act.
This bill would instead require a person otherwise subject to
these requirements to use the Division of Recycling Integrated
Information System (DORIIS) or other system designated by the
Department of Resources Recycling and Recovery for reporting, making,
or claiming payments or providing other information for purposes of
the act.
(27)
(15 ) Existing law requires certified
recycling centers to accept any empty beverage container from a
consumer or dropoff or collection program and pay the refund value,
which can be based on weight. Existing law requires the department to
review and calculate the commingled rates paid for beverage
containers and postfilled containers paid to curbside recycling
programs, collection programs, and recycling centers.
This bill would require, on and after September 1, 2013, a
certified recycling center, for beverage containers redeemed by
consumers, to pay the refund value based on the applicable segregated
rate. The bill would delete recycling centers from those entities
for which the department is required to calculate a commingled rate.
(28)
(16 ) Existing law provides that a violation
of the act is an infraction. The act also provides that a person
who, with intent to defraud, takes specified actions, is guilty of
fraud, punishable as specified.
This bill would additionally provide that a person who violates a
regulation adopted pursuant to the act is guilty of an infraction.
The bill would instead specify that a person who, with intent to
defraud, takes those actions knowingly is guilty of a crime,
punishable as specified.
(29)
(17 ) Because a violation of the act is a
crime, the bill would impose a state-mandated local program by
creating new crimes with regard to the submission of information to
the department, the payment of refund values, and the violation of a
regulation.
(30)
(18 ) The California Constitution
establishes the Public Utilities Commission, with jurisdiction over
all public utilities, as defined. The Reliable Electric Service
Investments Act required the Public Utilities Commission to require
the state's 3 largest electrical corporations, until January 1, 2012,
to identify a separate electrical rate component, commonly referred
to as the "public goods charge," to collect specified amounts to fund
energy efficiency, renewable energy, and research, development, and
demonstration programs that enhance system reliability and provide
in-state benefits. Existing decisions of the Public Utilities
Commission institute an Electric Program Investment Charge (EPIC) to
fund renewable energy and research, development, and demonstration
programs.
Existing law creates in the State Treasury the Electric Program
Investment Charge Fund to be administered by the State Energy
Resources Conservation and Development Commission and requires moneys
received by the Public Utilities Commission for those programs the
Public Utilities Commission has determined should be administered by
the State Energy Resources Conservation and Development Commission to
be forwarded by the Public Utilities Commission to the State Energy
Resources Conservation and Development Commission at least quarterly
for deposit in the fund.
This bill would require the State Energy Resources Conservation
and Development Commission, in administering moneys in the fund for
research, development, and demonstration programs, to develop and
administer the EPIC program for the purpose of awarding funds to
projects that may lead to technological advancement and breakthroughs
to overcome barriers that prevent the achievement of the state's
statutory energy goals and that may result in a portfolio of projects
that is strategically focused and sufficiently narrow to make
advancement on the most significant technological challenges. The
bill would require the State Energy Resources Conservation and
Development Commission, no later than April 30 of each year, to
prepare and submit to the Legislature an annual report regarding the
EPIC program.
This bill would prohibit the Public Utilities Commission from
requiring the collection of moneys pursuant to a specified decision
and any amendments to that decision in an annual amount greater than
the amount set forth in that decision of the Public Utilities
Commission.
(31)
(19 ) Existing law establishes the Emerging
Renewable Resources Account, a continuously appropriated account,
within the Renewable Resource Trust Fund for specified purposes
related to renewable energy.
This bill would additionally authorize the use of the moneys in
the account for the purposes of funding the New Solar Homes
Partnership. Because the bill would expand the purposes of a
continuously appropriated account, the bill would make an
appropriation.
(32)
(20 ) Existing law defines a PACE program as
a program that is financed by a PACE bond. Existing law requires the
California Alternative Energy and Advanced Transportation Financing
Authority to develop and administer a PACE Reserve program to reduce
the overall costs to property owners of a Property Assessed Clean
Energy bond, or PACE bond, issued by an applicant that has
established a Property Assessed Clean Energy program, or PACE
program, by providing a reserve of no more than 10% of the initial
amount of the PACE bond. Existing law, in 2010, appropriates, until
January 1, 2015, $50 million from the Renewable Resource Trust Fund
for the above purpose.
This bill would additionally require the authority to develop and
administer a PACE risk mitigation program for PACE loans to increase
their acceptance in the marketplace and protect against the risk of
default and foreclosure. The bill would additionally include a PACE
loan program as a PACE program. Because this bill would expand the
use of the moneys appropriated by existing law, this bill would make
an appropriation.
(33)
(21 ) Existing law requires the Department
of Fish and Wildlife to regulate the protection of marine plants and
animals in marine protected areas, as defined.
Existing law establishes the Ocean Protection Council in state
government, and prescribes the membership, terms of office, and
functions and duties of the council.
This bill would require that, commencing on July 1, 2013, the
Ocean Protection Council assume responsibility for the direction of
policy of marine protected areas.
(34)
(22 ) Existing law requires that at the Ocean
Protection Council's first meeting in a calendar year, the council
elect a chair from among its voting members.
This bill would delete that requirement and would instead require
that the Secretary of the Natural Resources Agency serve as the
chairperson of the Ocean Protection Council, and that the Secretary
for Environmental Protection serve as the vice chairperson of the
council. The bill would require that the Assistant Secretary for
Coastal Matters at the Natural Resources Agency be designated as the
Deputy Secretary of the Natural Resources Agency for Ocean and
Coastal Policy, and would require the deputy secretary to also serve
as the executive director for the council.
(35)
(23 ) Existing law authorizes the
Legislature to make appropriations directly to the State Coastal
Conservancy for expenditures authorized by the council for specified
purposes related to the regulation of coastal development and
protection.
This bill would instead authorize the Legislature to make those
appropriations directly to the Secretary of the Natural Resources
Agency for those expenditures authorized by the council for specified
purposes related to the regulation of coastal development and
protection. The bill would also require that any bond funds received
by the State Coastal Conservancy, on or before July 1, 2013,
authorized to fund Ocean Protection Council's programs be transferred
to the Natural Resources Agency for use for those programs. The bill
would provide for the transfer to the secretary of certain functions
and duties of the State Coastal Conservancy with regard to the
implementation of contracts and grants on behalf of the council.
(36)
(24 ) The California Integrated Waste
Management Act of 1989, administered by the Department of Resources
Recycling and Recovery, requires a manufacturer of carpets sold in
this state, individually or through a carpet stewardship
organization, to submit a carpet stewardship plan to the department.
A manufacturer or carpet stewardship organization submitting a carpet
stewardship plan is required to pay the department an annual
administrative fee, as
determined by the department. The department is also required to
identify the direct development or regulatory costs incurred by the
department prior to the submittal of carpet stewardship plans and to
establish a fee in an amount adequate to cover those costs, that is
required to be paid in 3 equal payments by a carpet stewardship
organization that submits a carpet stewardship plan. Existing law
establishes the Carpet Stewardship Account in the Integrated Waste
Management Fund and requires these fees to be deposited in that
account, for expenditure by the department, upon appropriation by the
Legislature, to cover the department's cost to implement the carpet
stewardship program provisions.
This bill would instead require a carpet stewardship organization
to pay these fees quarterly to the Department of Resources Recycling
and Recovery and would make conforming changes regarding those
requirements.
(37)
(25 ) The act requires a manufacturer of
architectural paint or designated stewardship organization to submit
to the Department of Resources Recycling and Recovery an
architectural paint stewardship plan to develop and implement a
recovery program to manage the end of life of postconsumer
architectural paint. A stewardship organization is required to pay
the department an annual administrative fee in the amount that is
sufficient to cover the department's full costs of administering and
enforcing the program. The fee is required to be deposited in the
Architectural Paint Stewardship Account in the Integrated Waste
Management Fund, which may be expended by the department, upon
appropriation by the Legislature, to cover the department's costs to
implement the architectural paint stewardship program provisions.
This bill would require the stewardship organization to pay the
fees quarterly and would require the Department of Resources
Recycling and Recovery to impose the fees in an amount that includes
any program development costs or regulatory costs incurred by the
department prior to the submittal of the stewardship plans.
(38)
(26 ) Existing law establishes the Office of
Education and the Environment in the Department of Resources
Recycling and Recovery to implement the statewide environmental
educational program and requires the office, in cooperation with the
State Department of Education and the State Board of Education, to
develop and implement a unified education strategy on the environment
for elementary and secondary schools in the state. The Governor's
Reorganization Plan No. 2 of 2012, which will become effective July
1, 2013, provides that CalRecycle is transferred from the Natural
Resources Agency to the California Environmental Protection Agency.
This bill would make conforming changes with regard to the
establishment of the office in the Department of Resources Recycling
and Recovery.
(39)
(27) Existing law requires the Office of Education and
the Environment to develop a model environmental curriculum
incorporating certain environmental principles and to submit the
model curriculum to the Curriculum Development and Supplemental
Materials Commission for review, as prescribed.
This bill would instead require the model curriculum to be
submitted to the Instructional Quality Commission for review.
(40)
(28 ) Existing law requires the State
Department of Education to make the curriculum available
electronically and requires the California Environmental Protection
Agency to assume the costs associated with the printing of the
approved model curriculum.
This bill would instead require Department of Resources Recycling
and Recovery to make the curriculum available electronically and
would delete the requirement with regard to the assumption of those
costs. The bill would require the department to coordinate with
specified state agencies to facilitate use of the model environmental
curriculum and would authorize the department and those state
agencies to collaborate with other specified entities to implement
the program.
(41)
(29 ) Existing law establishes the
Environmental Education Account in the State Treasury and authorizes
the California Environmental Protection Agency to expend the moneys
in the account, upon appropriation by the Legislature, for purposes
of the program.
This bill would instead authorize Department of Resources
Recycling and Recovery to expend the funds in the account.
(42)
(30 ) Existing law establishes the Division
of Ratepayer Advocates within the Public Utilities Commission to
represent the interests of public utility customers and subscribers,
with the goal of obtaining the lowest possible rate for service
consistent with reliable and safe service levels. Existing law
requires the Director of the Division of Ratepayer Advocates to
submit a budget to the Public Utilities Commission for final
approval. Existing law authorizes the director of the division to
appoint a lead attorney to represent the division and requires all
attorneys assigned by the Public Utilities Commission to perform
services for the division to report to and be directed by the lead
attorney for the division.
This bill would rename the Division of Ratepayer Advocates the
Office of Ratepayer Advocates and would require that the director of
the office develop a budget for the office that would be submitted to
the Department of Finance for final approval. The bill would require
the lead attorney to obtain adequate legal personnel for the work to
be conducted by the office from the Public Utilities Commission's
attorney and requires the Public Utilities Commission's attorney to
timely and appropriately fulfill all requests for legal personnel
made by the lead attorney for the office, provided the office has
sufficient moneys and positions in its budget for the services
requested.
(43)
(31 ) Existing law establishes the Public
Utilities Commission Utilities Reimbursement Account and authorizes
the Public Utilities Commission to annually determine a fee to be
paid by every public utility providing service directly to customers
or subscribers and subject to the jurisdiction of the Public
Utilities Commission, except for a railroad corporation. The Public
Utilities Commission is required to establish the fee, with the
approval of the Department of Finance, to produce a total amount
equal to that amount established in the authorized Public Utilities
Commission budget for the same year, and an appropriate reserve to
regulate public utilities, less specified sources of funding.
This bill would require the Public Utilities Commission to conduct
a zero-based budget for all of its programs by January 10, 2015.
(44)
(32 ) Existing law authorizes certain public
utilities, including electrical corporations and gas corporations,
as defined, to propose research and development programs and
authorizes the Public Utilities Commission to allow inclusion of
expenses for research and development in rates. Existing law requires
the Public Utilities Commission to consider specified guidelines in
evaluating the research, development, and demonstration programs
proposed by electrical corporations and gas corporations.
This bill would prohibit the Public Utilities Commission, in
implementing the 21st Century Energy System Decision, as defined,
from authorizing recovery from ratepayers of any expense for research
and development projects that are not for purposes of cyber security
and grid integration and would limit total funding for research and
development projects for the purposes of cyber security and grid
integration from exceeding $35,000,000. The bill would require that
all cyber security and grid integration research and development
projects be concluded by the 5th anniversary of their start date. The
bill would prohibit the Public Utilities Commission from approving
recovery from ratepayers of certain program management expenditures
proposed in the 21st Century Energy System Decision proceeding. The
bill would require the Public Utilities Commission to require the
Lawrence Livermore National Laboratory, Pacific Gas and Electric
Company, Southern California Edison Company, and San Diego Gas and
Electric Company to ensure that research parameters reflect a new
contribution to cyber security and grid integration and that there
not be a duplication of research being done by other private and
governmental entities. The bill would require the participating
electrical corporations to jointly report specified information to
the Public Utilities Commission by December 1, 2013, and 60 days
following conclusion of all research and development projects, and
would require the Public Utilities Commission, upon determining that
each report is sufficient, to report that information to the
Legislature.
(45)
(33 ) Existing law requires the Public
Utilities Commission, by January 10 of each year, to report to the
Joint Legislative Budget Committee and appropriate fiscal and policy
committees of the Legislature on all sources and amounts of funding
and actual and proposed expenditures, including any costs to
ratepayers, related to specified entities or programs established by
the Public Utilities Commission by order, decision, motion,
settlement, or other action, including, but not limited to, the
California Clean Energy Fund, the California Emerging Technology
Fund, and the Pacific Forest and Watershed Lands Stewardship Council,
and any entities or programs, other than those expressly authorized
by statute, that are established by the Public Utilities Commission
under specified statutes.
This bill would prohibit the Public Utilities Commission, by
order, decision, motion, settlement, or other action, from
establishing a nonstate entity, as defined, with any moneys other
than those moneys that would otherwise belong to the public utility's
shareholders. The bill would prohibit the Public Utilities
Commission from entering into a contract with any nonstate entity in
which a person serves as an owner, director, or officer while serving
as a commissioner. The bill would provide that any contract between
the Public Utilities Commission and a nonstate entity is void and
ceases to exist by operation of law if a person who was a
commissioner at the time the contract was awarded, entered into, or
extended, on or after January 1, 2014, becomes an owner, director, or
officer of the nonstate entity while serving as a commissioner.
(46)
(34 ) The California Constitution provides
that the Legislature may remove a commissioner of the Public
Utilities Commission for incompetence, neglect of duty, or
corruption, 2/3 of the membership of each house concurring.
This bill would provide that a commissioner who acts as an owner,
director, or officer of a nonstate entity that was established after
January 1, 2015, as a result of an order, decision, motion,
settlement, or other action by the Public Utilities Commission in
which the commissioner participated, neglects his or her duty and may
be removed pursuant to the California Constitution.
(47)
(35 ) The Public Utilities Act provides for
the imposition of fines and penalties by the Public Utilities
Commission for various violations of the act and provides that any
public utility that violates any provision of the California
Constitution or the act, or that fails or neglects to comply with any
order, decision, decree, rule, direction, demand, or requirement of
the Public Utilities Commission, where a penalty has not otherwise
been provided, is subject to a penalty of not less than $500 and not
more than $50,000 for each offense. The act authorizes the Public
Utilities Commission to bring an action to recover fines and
penalties imposed pursuant to the act in the superior court and
requires that all fines and penalties recovered by the state in an
action filed in the superior court, together with the costs of
bringing the action, be paid into the State Treasury to the credit of
the General Fund.
This bill would prohibit the Public Utilities Commission from
distributing, expending, or encumbering any moneys received by the
Public Utilities Commission as a result of any Public Utilities
Commission proceeding or judicial action until the Public Utilities
Commission provides the Director of Finance with written notification
of the receipt of the moneys and the basis for these moneys being
received by the Public Utilities Commission and the director provides
not less than 60 days written notice to the Chairperson of the Joint
Legislative Budget Committee and the chairs of the appropriate
budget subcommittees of the Assembly and Senate of the receipt of the
moneys and the basis for those moneys being received by the Public
Utilities Commission.
(48)
(36 ) Decisions of the Public Utilities
Commission adopted the California Solar Initiative. Existing law
requires the Public Utilities Commission to undertake certain steps
in implementing the California Solar Initiative. Existing law
requires the Public Utilities Commission to ensure that the total
cost of the California Solar Initiative over the duration of the
program does not exceed $3,350,000,000, including $400,000,000 from
the Emerging Renewable Resources Account within the Renewable
Resource Trust Fund, for programs for the installation of solar
energy systems, as defined, on new construction administered by the
State Energy Resources Conservation and Development Commission, known
as the New Solar Homes Partnership Program.
This bill would authorize the Public Utilities Commission, if it
is notified by the State Energy Resources Conservation and
Development Commission that funding available pursuant to the
Emerging Renewable Resources Account for the New Solar Homes
Partnership Program has been exhausted, to require an electrical
corporation to continue administration of the program pursuant to the
guidelines established for the program by the State Energy Resources
Conservation and Development Commission, until the funding limit of
$400,000,000 has been reached. The bill would require the Public
Utilities Commission, in consultation with the State Energy Resources
Conservation and Development Commission, to supervise the
administration of the continuation of the New Solar Homes Partnership
Program by an electrical corporation. The bill would authorize an
electrical corporation to elect to have a 3rd party administer the
utility's continuation of the program.
(49)
(37 ) Existing law authorizes the Department
of Transportation to acquire real property for state highway
purposes. Existing law specifies various procedures to be followed by
the department when it determines that real property acquired for
state highway purposes is no longer necessary for those purposes,
generally under terms and conditions established by the California
Transportation Commission.
This bill would require the Department of Transportation to
transfer certain real property it owns in the City of San Diego to
the Department of Parks and Recreation for incorporation into the
state park system. The bill would require the transfer to be
completed within 90 days of the effective date of the bill. The bill
would make various findings and declarations in that regard.
(50)
(38 ) Under existing law, the Department of
Water Resources operates the State Water Project and exercises other
functions relating to the state's water resources. Under the Federal
Power Act, the Federal Energy Regulatory Commission, or FERC, is
responsible for the relicensing of federally licensed hydroelectric
power projects.
This bill would require the Director of Finance to notify the
Joint Legislative Budget Committee of any hydroelectric power project
relicensing proposal for the FERC that, if approved by the
Department of Water Resources, would obligate the General Fund in the
current or future years. This bill would authorize the department to
approve that relicensing proposal not less than 30 days after the
director notifies the committee.
(51)
(39 ) Existing law, the Sacramento-San
Joaquin Delta Reform Act of 2009, establishes the Delta Stewardship
Council, consisting of 7 voting members. Existing law prohibits a
member of the council from serving 2 consecutive terms, but permits a
member to be reappointed after a period of 2 years following the end
of his or her term.
This bill would eliminate the above-described prohibition.
(52)
(40 ) 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.
(53)
(41 ) This bill would reappropriate to the
Coachella Valley Mountains Conservancy the balance of a specified
appropriation made in the Budget Act of 2010, the moneys to be
available for capital outlay or local assistance until June 30, 2016.
(54)
(42 ) This bill would declare that it is to
take effect immediately as a bill providing for appropriations
related to the Budget Bill.
Vote: majority. Appropriation: yes. Fiscal committee: yes.
State-mandated local program: yes.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 712.5 of the Fish and Game Code is repealed.
SEC. 2. 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.
(b) All federal moneys made available for projects authorized by
the board shall be deposited in the Wildlife Restoration Fund. Any
unexpended balances of the federal moneys remaining on or after June
30, 1979, in any other fund shall be transferred to the Wildlife
Restoration Fund.
(c) Any moneys received in the Wildlife Restoration Fund from
leases authorized pursuant to paragraph (2) or (3) of subdivision (c)
of Section 1348 shall be expended, upon appropriation, by the
department for the purposes of managing, maintaining, restoring, or
operating lands owned and managed by the department.
SEC. 3. Section 2850.5 is added to the Fish and Game Code, to
read:
2850.5. Notwithstanding any other law and consistent with the
authority granted under Section 2860, commencing on July 1, 2013, the
Ocean Protection Council shall assume responsibility for the
direction of policy of marine protected areas (MPAs).
SEC. 4. Section 927.9 of the Government Code is amended to read:
927.9. (a) Except as provided in subdivision (c), on an annual
basis, within 90 calendar days following the end of each fiscal year,
state agencies shall provide the Director of General Services with a
report on late payment penalties that were paid by the state agency
in accordance with this chapter during the preceding fiscal year.
(b) The report shall separately identify the total number and
dollar amount of late payment penalties paid to small businesses,
other businesses, and refunds or other payments to individuals. State
agencies may, at their own initiative, provide the director with
other relevant performance measures. The director shall prepare a
report separately listing the number and total dollar amount of all
late payment penalties paid to small businesses, other businesses,
and refunds and other payments to individuals by each state agency
during the preceding fiscal year, together with other relevant
performance measures, and shall make the information available to the
public.
(c) The reporting requirements of subdivisions (a) and (b) are not
applicable to the Department of Forestry and Fire Protection.
SEC. 5. Section 11549.3 of the Government Code is amended to read:
11549.3. (a) The director shall establish an information security
program. The program responsibilities include, but are not limited
to, all of the following:
(1) The creation, updating, and publishing of information security
and privacy policies, standards, and procedures for state agencies
in the State Administrative Manual.
(2) The creation, issuance, and maintenance of policies,
standards, and procedures directing state agencies to effectively
manage security and risk for all of the following:
(A) Information technology, which includes, but is not limited to,
all electronic technology systems and services, automated
information handling, system design and analysis, conversion of data,
computer programming, information storage and retrieval,
telecommunications, requisite system controls, simulation, electronic
commerce, and all related interactions between people and machines.
(B) Information that is identified as mission critical,
confidential, sensitive, or personal, as defined and published by the
Office of Information Security.
(3) The creation, issuance, and maintenance of policies,
standards, and procedures directing state agencies for the
collection, tracking, and reporting of information regarding security
and privacy incidents.
(4) The creation, issuance, and maintenance of policies,
standards, and procedures directing state agencies in the
development, maintenance, testing, and filing of each agency's
disaster recovery plan.
(5) Coordination of the activities of agency information security
officers, for purposes of integrating statewide security initiatives
and ensuring compliance with information security and privacy
policies and standards.
(6) Promotion and enhancement of the state agencies' risk
management and privacy programs through education, awareness,
collaboration, and consultation.
(7) Representing the state before the federal government, other
state agencies, local government entities, and private industry on
issues that have statewide impact on information security and
privacy.
(b) An information security officer appointed pursuant to Section
11546.1 shall implement the policies and procedures issued by the
Office of Information Security, including, but not limited to,
performing all of the following duties:
(1) Comply with the information security and privacy policies,
standards, and procedures issued pursuant to this chapter by the
Office of Information Security.
(2) Comply with filing requirements and incident notification by
providing timely information and reports as required by policy or
directives of the office.
(c) (1) Except as provided in paragraph (2), the office may
conduct, or require to be conducted, independent security assessments
of any state agency, department, or office, the cost of which shall
be funded by the state agency, department, or office being assessed.
(2) The office shall not conduct, or require to be conducted,
independent security assessments of the Department of Forestry and
Fire Prevention.
(d) The office may require an audit of information security to
ensure program compliance, the cost of which shall be funded by the
state agency, department, or office being audited.
(e) The office shall report to the Department of Technology any
state agency found to be noncompliant with information security
program requirements.
SEC. 6. Section 51018 of the Government Code is amended to read:
51018. (a) Every rupture, explosion, or fire involving a
pipeline, including a pipeline system otherwise exempted by
subdivision (a) of Section 51010.5, and including a pipeline
undergoing testing, shall be immediately reported by the pipeline
operator to the fire department having fire suppression
responsibilities and to the California Emergency Management Agency.
(b) (1) The Office of Emergency Services shall immediately notify
the State Fire Marshal of the incident, who shall immediately
dispatch State Fire Marshal employees to the scene. The State Fire
Marshal or the employees, upon arrival, shall provide technical
expertise and advise the operator and all public agencies on
activities needed to mitigate the hazard.
(2) For purposes of this subdivision, the Legislature does not
intend to hinder or disrupt the workings of the "incident commander
system," but does intend to establish a recognized element of
expertise and direction for the incident command to consult and
acknowledge as an authority on the subject of pipeline incident
mitigation. Furthermore, it is expected that the State Fire Marshal
will recognize the expertise of the pipeline operator and any other
emergency agency personnel who may be familiar with the particular
location of the incident and respect their knowledgeable input
regarding the mitigation of the incident.
(c) For purposes of this section, "rupture" includes every
unintentional liquid leak, including any leak that occurs during
hydrostatic testing, except that a crude oil leak of less than five
barrels from a pipeline or flow line in a rural area, or any crude
oil or petroleum product leak in any in-plant piping system of less
than five barrels, when no fire, explosion, or bodily injury results
or no waterway is contaminated thereby, does not constitute a rupture
for purposes of the reporting requirements of subdivision (a).
(d) This section does not preempt any other applicable federal or
state reporting requirement.
(e) Except as otherwise provided in this section and Section
8589.7, a notification made pursuant to this section shall satisfy
any immediate notification requirement contained in any permit issued
by a permitting agency.
(f) This section does not apply to pipeline ruptures involving
nonreportable crude oil spills under Section 3233 of the Public
Resources Code, unless the spill involves a fire or explosion.
SEC. 7. Section 25160 of the Health and Safety
Code is amended to read:
25160. (a) For purposes of this chapter, the following
definitions apply:
(1) "Manifest" means a shipping document originated and signed by
a generator of hazardous waste that contains all of the information
required by the department and that complies with all applicable
federal and state regulations.
(2) "California Uniform Hazardous Waste Manifest" means either of
the following:
(A) A manifest document printed and supplied by the state for a
shipment initiated on or before September 4, 2006.
(B) The Uniform Hazardous Waste Manifest printed by a source
registered with the United States Environmental Protection Agency for
a shipment initiated on or after September 5, 2006.
(3) For purposes of this section and Section 25205.15, a shipment
is initiated on the date when the manifest is signed by the first
transporter and the hazardous waste leaves the site where it is
generated.
(b) (1) Except as provided in Section 25160.2 or 25160.8, or as
otherwise authorized by a variance issued by the department, a person
generating hazardous waste that is transported, or submitted for
transportation, for offsite handling, treatment, storage, disposal,
or any combination thereof, shall complete a manifest prior to the
time the waste is transported or offered for transportation, and
shall designate on that manifest the facility to which the waste is
to be shipped for the handling, treatment, storage, disposal, or
combination thereof. The manifest shall be completed as required by
the department. The generator shall provide the manifest to the
person who will transport the hazardous waste, who is the driver, if
the hazardous waste will be transported by vehicle, or the person
designated by the railroad corporation or vessel operator, if the
hazardous waste will be transported by rail or vessel.
(A) The generator shall use the standard California Uniform
Hazardous Waste Manifest supplied by the department for all shipments
of hazardous waste initiated on and before September 4, 2006, for
which a manifest is required, except as provided in paragraph (2).
(B) The generator shall use the Uniform Hazardous Waste Manifest
printed by a source registered with the United States Environmental
Protection Agency for all shipments of hazardous waste initiated on
and after September 5, 2006, for which a manifest is required.
(C) A manifest shall only be used for the purposes specified in
this chapter, including, but not limited to, identifying materials
that the person completing the manifest reasonably believes are
hazardous waste.
(D) Within 30 days from the date of transport, or submission for
transport, of hazardous waste, each generator of that hazardous waste
shall submit to the department a legible copy of each manifest used.
The copy submitted to the department shall contain the signatures of
the generator and the transporter.
(E) In lieu of submitting a copy of each manifest used, a
generator may submit an electronic report to the department meeting
the requirements of Section 25160.3.
(2) Except as provided in Section 25160.2 or 25160.8 or as
otherwise authorized by a variance issued by the department, a person
generating hazardous waste that is transported, or submitted for
transportation, for offsite handling, treatment, storage, disposal,
or any combination thereof, outside of the state, shall complete,
whether or not the waste is determined to be hazardous by the
importing country or state, a manifest in accordance with the
following conditions:
(A) The generator shall use the standard California Uniform
Hazardous Waste Manifest or the manifest required by the receiving
state for all shipments of hazardous waste initiated on and before
September 4, 2006, for which a manifest is required.
(B) The generator shall use the Uniform Hazardous Waste Manifest
printed by a source registered with the United States Environmental
Protection Agency for all shipments of hazardous waste initiated on
and after September 5, 2006, for which a manifest is required.
(C) The generator shall submit a copy of the manifest specified in
subparagraph (A) or (B), as applicable, to the department within 30
days from the date of the transport, or submission for transport, of
the hazardous waste. In lieu of submitting a copy of each manifest
used, a generator may submit an electronic report to the department
meeting the requirements of Section 25160.3.
(3) Within 30 days from the date of transport, or submission for
transport, of hazardous waste out of state, each generator of that
hazardous waste shall submit to the department a legible copy of each
manifest used. The copy submitted to the department shall contain
the signatures of the generator, all transporters, excepting
intermediate rail transporters, and the out-of-state facility
operator. If within 35 days from the date of the initial shipment, or
for exports by water to foreign countries 60 days after the initial
shipment, the generator has not received a copy of the manifest
signed by all transporters and the facility operator, the generator
shall contact the owner or operator of the designated facility to
determine the status of the hazardous waste and to request that the
owner or operator immediately provide a signed copy of the manifest
to the generator. Except as provided otherwise in paragraph (2) of
subdivision (h) of Section 25123.3, if within 45 days from the date
of the initial shipment or, for exports by water to foreign
countries, 90 days from the date of the initial shipment, the
generator has not received a copy of the signed manifest from the
facility owner or operator, the generator shall submit an exception
report to the department.
(4) For shipments of waste that do not require a manifest pursuant
to Title 40 of the Code of Federal Regulations, the department, by
regulation, may establish manifest requirements that differ from the
requirements of this section. The requirements for an alternative
form of manifest shall ensure that the hazardous waste is transported
by a registered hazardous waste transporter, that the hazardous
waste is tracked, and that human health and safety and the
environment are protected.
(5) (A) Notwithstanding any other provision of this section,
except as provided in subparagraph (B), the generator copy of the
manifest is not required to be submitted to the department for any
waste transported in compliance with the consolidated manifest
procedures in Section 25160.2 or with the procedures specified in
Section 25160.8, or when the transporter is operating pursuant to a
variance issued by the department pursuant to Section 25143
authorizing the use of a consolidated manifest for waste not listed
in Section 25160.2, if the generator, transporter, and facility are
all identified as the same company on the hazardous waste manifest.
If multiple identification numbers are used by a single company, all
of the company's identification numbers shall be included in its
annual transporter registration application, if those numbers will be
used with the consolidated manifest procedure. Nothing in this
paragraph affects the obligation of a facility operator to submit to
the department a copy of a manifest pursuant to this section.
(B) If the waste subject to subparagraph (A) is transported out of
state, the generator shall either ensure that the facility operator
submits to the department a copy of the manifest or the generator
shall submit a copy to the department that contains the signatures of
the generator, all transporters, excepting intermediate rail
transporters, and the out-of-state facility operator pursuant to
paragraph (3).
(c) (1) The department shall determine the form and manner in
which a manifest shall be completed and the information that the
manifest shall contain. The information requested on the manifest
shall serve as the data dictionary for purposes of the developing of
an electronic reporting format pursuant to Section 71062 of the
Public Resources Code. The form of each manifest and the information
requested on each manifest shall be the same for all hazardous
wastes, regardless of whether the hazardous wastes are also regulated
pursuant to the federal act or by regulations adopted by the United
States Department of Transportation. However, the form of the
manifest and the information required shall be consistent with
federal regulations.
(2) Pursuant to federal regulations, the department may require
information on the manifest in addition to the information required
by federal regulations.
(d) (1) A person who transports hazardous waste in a vehicle shall
have a manifest in his or her possession while transporting the
hazardous waste. The manifest shall be shown upon demand to any
representative of the department, any officer of the Department of
the California Highway Patrol, any local health officer, any
certified unified program agency, or any local public officer
designated by the director. If the hazardous waste is transported by
rail or vessel, the railroad corporation or vessel operator shall
comply with Subchapter C (commencing with Section 171.1) of Chapter 1
of Subtitle B of Title 49 of the Code of Federal Regulations and
shall also enter on the shipping papers any information concerning
the hazardous waste that the department may require.
(2) Any person who transports a waste, as defined by Section
25124, and who is provided with a manifest for that waste shall,
while transporting that waste, comply with all requirements of this
chapter, and the regulations adopted pursuant thereto, concerning the
transportation of hazardous waste.
(3) A person who transports hazardous waste shall transfer a copy
of the manifest to the facility operator at the time of delivery, or
to the person who will subsequently transport the hazardous waste in
a vehicle. A person who transports hazardous waste and then transfers
custody of that hazardous waste to a person who will subsequently
transport that waste by rail or vessel shall transfer a copy of the
manifest to the person designated by the railroad corporation or
vessel operator, as specified by Subchapter C (commencing with
Section 171.1) of Chapter 1 of Subtitle B of Title 49 of the Code of
Federal Regulations.
(4) A person transporting hazardous waste by motor vehicle, rail,
or water shall certify to the department, at the time of initial
registration and at the time of renewal of that registration pursuant
to this article, that the transporter is familiar with the
requirements of this section, the department regulations, and federal
laws and regulations governing the use of manifests.
(e) (1) A facility operator in the state who receives hazardous
waste for handling, treatment, storage, disposal, or any combination
thereof, which was transported with a manifest pursuant to this
section, shall submit a copy of the manifest to the department within
30 days from the date of receipt of the hazardous waste. The copy
submitted to the department shall contain the signatures of the
generator, all transporters, excepting intermediate rail
transporters, and the facility operator. In instances in which the
generator or transporter is not required by the generator's state or
federal law to sign the manifest, the facility operator shall require
the generator and all transporters, excepting intermediate rail
transporters, to sign the manifest before receiving the waste at any
facility in this state. In lieu of submitting a copy of each manifest
used, a facility operator may submit an electronic report to the
department meeting the requirements of Section 25160.3.
(2) Any treatment, storage, or disposal facility receiving
hazardous waste generated outside this state may only accept the
hazardous waste for treatment, storage, disposal, or any combination
thereof, if the hazardous waste is accompanied by a completed
standard California Uniform Hazardous Waste Manifest.
(3) A facility operator may accept hazardous waste generated
offsite that is not accompanied by a properly completed and signed
standard California Uniform Hazardous Waste Manifest if the facility
operator meets both of the following conditions:
(A) The facility operator is authorized to accept the hazardous
waste pursuant to a hazardous waste facilities permit or other grant
of authorization from the department.
(B) The facility operator is in compliance with the regulations
adopted by the department specifying the conditions and procedures
applicable to the receipt of hazardous waste under these
circumstances.
(4) This subdivision applies only to shipments of hazardous waste
for which a manifest is required pursuant to this section and the
regulations adopted pursuant to this section.
(f) A generator, transporter, or facility operator may comply with
the requirements of Sections 66262.40, 66263.22, 66264.71, and
66265.71 of Title 22 of the California Code of Regulations by storing
manifest information electronically. A generator, transporter, or
facility operator who stores manifest information electronically
shall use the standardized electronic format and protocol for the
exchange of electronic data established by the Secretary for
Environmental Protection pursuant to Part 2 (commencing with Section
71050) of Division 34 of the Public Resources Code and the stored
information shall include all the information required to be retained
by the department, including all signatures required by this
section.
(g) The department shall make available for review, by any
interested party, the department's plans for revising and enhancing
its system for tracking hazardous waste for the purposes of
protecting human health and the environment, enforcing laws,
collecting revenue, and generating necessary reports.
(h) This section shall remain in effect only until January 1,
2014, and as of that date is repealed, unless a later enacted
statute, that is enacted before January 1, 2014, deletes or extends
that date.
SEC. 8. Section 25160 is added to the Health
and Safety Code, to read:
25160. (a) For purposes of this chapter, the following
definitions apply:
(1) "Manifest" means a shipping document originated and signed by
a generator of hazardous waste that contains all of the information
required by the department and that complies with all applicable
federal and state regulations.
(2) "California Uniform Hazardous Waste Manifest" means either of
the following:
(A) A manifest document printed and supplied by the state for a
shipment initiated on or before September 4, 2006.
(B) The Uniform Hazardous Waste Manifest printed by a source
registered with the United States Environmental Protection Agency for
a shipment initiated on or after September 5, 2006.
(3) For purposes of this section, a shipment is initiated on the
date when the manifest is signed by the first transporter and the
hazardous waste leaves the site where it is generated.
(b) (1) Except as provided in Section 25160.2 or 25160.8, or as
otherwise authorized by a variance issued by the department, a person
generating hazardous waste that is transported, or submitted for
transportation, for offsite handling, treatment, storage, disposal,
or any combination thereof, shall complete a manifest prior to the
time the waste is transported or offered for transportation, and
shall designate on that manifest the facility to which the waste is
to be shipped for the handling, treatment, storage, disposal, or
combination thereof. The manifest shall be completed as required by
the department. The generator shall provide the manifest to the
person who will transport the hazardous waste, who is the driver, if
the hazardous waste will be transported by vehicle, or the person
designated by the railroad corporation or vessel operator, if the
hazardous waste will be transported by rail or vessel.
(A) The generator shall
use the standard California Uniform Hazardous Waste Manifest supplied
by the department for all shipments of hazardous waste initiated on
and before September 4, 2006, for which a manifest is required,
except as provided in paragraph (2).
(B) The generator shall use the Uniform Hazardous Waste Manifest
printed by a source registered with the United States Environmental
Protection Agency for all shipments of hazardous waste initiated on
and after September 5, 2006, for which a manifest is required.
(C) A manifest shall only be used for the purposes specified in
this chapter, including, but not limited to, identifying materials
that the person completing the manifest reasonably believes are
hazardous waste.
(D) Within 30 days from the date of transport, or submission for
transport, of hazardous waste, each generator of that hazardous waste
shall submit to the department a legible copy of each manifest used.
The copy submitted to the department shall contain the signatures of
the generator and the transporter.
(E) In lieu of submitting a copy of each manifest used, a
generator may submit an electronic report to the department meeting
the requirements of Section 25160.3.
(2) Except as provided in Section 25160.2 or 25160.8 or as
otherwise authorized by a variance issued by the department, a person
generating hazardous waste that is transported, or submitted for
transportation, for offsite handling, treatment, storage, disposal,
or any combination thereof, outside of the state, shall complete,
whether or not the waste is determined to be hazardous by the
importing country or state, a manifest in accordance with the
following conditions:
(A) The generator shall use the standard California Uniform
Hazardous Waste Manifest or the manifest required by the receiving
state for all shipments of hazardous waste initiated on and before
September 4, 2006, for which a manifest is required.
(B) The generator shall use the Uniform Hazardous Waste Manifest
printed by a source registered with the United States Environmental
Protection Agency for all shipments of hazardous waste initiated on
and after September 5, 2006, for which a manifest is required.
(C) The generator shall submit a copy of the manifest specified in
subparagraph (A) or (B), as applicable, to the department within 30
days from the date of the transport, or submission for transport, of
the hazardous waste. In lieu of submitting a copy of each manifest
used, a generator may submit an electronic report to the department
meeting the requirements of Section 25160.3.
(3) Within 30 days from the date of transport, or submission for
transport, of hazardous waste out of state, each generator of that
hazardous waste shall submit to the department a legible copy of each
manifest used. The copy submitted to the department shall contain
the signatures of the generator, all transporters, excepting
intermediate rail transporters, and the out-of-state facility
operator. If within 35 days from the date of the initial shipment, or
for exports by water to foreign countries 60 days after the initial
shipment, the generator has not received a copy of the manifest
signed by all transporters and the facility operator, the generator
shall contact the owner or operator of the designated facility to
determine the status of the hazardous waste and to request that the
owner or operator immediately provide a signed copy of the manifest
to the generator. Except as provided otherwise in paragraph (2) of
subdivision (h) of Section 25123.3, if within 45 days from the date
of the initial shipment or, for exports by water to foreign
countries, 90 days from the date of the initial shipment, the
generator has not received a copy of the signed manifest from the
facility owner or operator, the generator shall submit an exception
report to the department.
(4) For shipments of waste that do not require a manifest pursuant
to Title 40 of the Code of Federal Regulations, the department, by
regulation, may establish manifest requirements that differ from the
requirements of this section. The requirements for an alternative
form of manifest shall ensure that the hazardous waste is transported
by a registered hazardous waste transporter, that the hazardous
waste is tracked, and that human health and safety and the
environment are protected.
(5) (A) Notwithstanding any other provision of this section,
except as provided in subparagraph (B), the generator copy of the
manifest is not required to be submitted to the department for any
waste transported in compliance with the consolidated manifest
procedures in Section 25160.2 or with the procedures specified in
Section 25160.8, or when the transporter is operating pursuant to a
variance issued by the department pursuant to Section 25143
authorizing the use of a consolidated manifest for waste not listed
in Section 25160.2, if the generator, transporter, and facility are
all identified as the same company on the hazardous waste manifest.
If multiple identification numbers are used by a single company, all
of the company's identification numbers shall be included in its
annual transporter registration application, if those numbers will be
used with the consolidated manifest procedure. Nothing in this
paragraph affects the obligation of a facility operator to submit to
the department a copy of a manifest pursuant to this section.
(B) If the waste subject to subparagraph (A) is transported out of
state, the generator shall either ensure that the facility operator
submits to the department a copy of the manifest or the generator
shall submit a copy to the department that contains the signatures of
the generator, all transporters, excepting intermediate rail
transporters, and the out-of-state facility operator pursuant to
paragraph (3).
(c) (1) The department shall determine the form and manner in
which a manifest shall be completed and the information that the
manifest shall contain. The information requested on the manifest
shall serve as the data dictionary for purposes of the developing of
an electronic reporting format pursuant to Section 71062 of the
Public Resources Code. The form of each manifest and the information
requested on each manifest shall be the same for all hazardous
wastes, regardless of whether the hazardous wastes are also regulated
pursuant to the federal act or by regulations adopted by the United
States Department of Transportation. However, the form of the
manifest and the information required shall be consistent with
federal regulations.
(2) Pursuant to federal regulations, the department may require
information on the manifest in addition to the information required
by federal regulations.
(d) (1) A person who transports hazardous waste in a vehicle shall
have a manifest in his or her possession while transporting the
hazardous waste. The manifest shall be shown upon demand to any
representative of the department, any officer of the Department of
the California Highway Patrol, any local health officer, any
certified unified program agency, or any local public officer
designated by the director. If the hazardous waste is transported by
rail or vessel, the railroad corporation or vessel operator shall
comply with Subchapter C (commencing with Section 171.1) of Chapter 1
of Subtitle B of Title 49 of the Code of Federal Regulations and
shall also enter on the shipping papers any information concerning
the hazardous waste that the department may require.
(2) Any person who transports a waste, as defined by Section
25124, and who is provided with a manifest for that waste shall,
while transporting that waste, comply with all requirements of this
chapter, and the regulations adopted pursuant thereto, concerning the
transportation of hazardous waste.
(3) A person who transports hazardous waste shall transfer a copy
of the manifest to the facility operator at the time of delivery, or
to the person who will subsequently transport the hazardous waste in
a vehicle. A person who transports hazardous waste and then transfers
custody of that hazardous waste to a person who will subsequently
transport that waste by rail or vessel shall transfer a copy of the
manifest to the person designated by the railroad corporation or
vessel operator, as specified by Subchapter C (commencing with
Section 171.1) of Chapter 1 of Subtitle B of Title 49 of the Code of
Federal Regulations.
(4) A person transporting hazardous waste by motor vehicle, rail,
or water shall certify to the department, at the time of initial
registration and at the time of renewal of that registration pursuant
to this article, that the transporter is familiar with the
requirements of this section, the department regulations, and federal
laws and regulations governing the use of manifests.
(e) (1) A facility operator in the state who receives hazardous
waste for handling, treatment, storage, disposal, or any combination
thereof, which was transported with a manifest pursuant to this
section, shall submit a copy of the manifest to the department within
30 days from the date of receipt of the hazardous waste. The copy
submitted to the department shall contain the signatures of the
generator, all transporters, excepting intermediate rail
transporters, and the facility operator. In instances in which the
generator or transporter is not required by the generator's state or
federal law to sign the manifest, the facility operator shall require
the generator and all transporters, excepting intermediate rail
transporters, to sign the manifest before receiving the waste at any
facility in this state. In lieu of submitting a copy of each manifest
used, a facility operator may submit an electronic report to the
department meeting the requirements of Section 25160.3.
(2) Any treatment, storage, or disposal facility receiving
hazardous waste generated outside this state may only accept the
hazardous waste for treatment, storage, disposal, or any combination
thereof, if the hazardous waste is accompanied by a completed
standard California Uniform Hazardous Waste Manifest.
(3) A facility operator may accept hazardous waste generated
offsite that is not accompanied by a properly completed and signed
standard California Uniform Hazardous Waste Manifest if the facility
operator meets both of the following conditions:
(A) The facility operator is authorized to accept the hazardous
waste pursuant to a hazardous waste facilities permit or other grant
of authorization from the department.
(B) The facility operator is in compliance with the regulations
adopted by the department specifying the conditions and procedures
applicable to the receipt of hazardous waste under these
circumstances.
(4) This subdivision applies only to shipments of hazardous waste
for which a manifest is required pursuant to this section and the
regulations adopted pursuant to this section.
(f) A generator, transporter, or facility operator may comply with
the requirements of Sections 66262.40, 66263.22, 66264.71, and
66265.71 of Title 22 of the California Code of Regulations by storing
manifest information electronically. A generator, transporter, or
facility operator who stores manifest information electronically
shall use the standardized electronic format and protocol for the
exchange of electronic data established by the Secretary for
Environmental Protection pursuant to Part 2 (commencing with Section
71050) of Division 34 of the Public Resources Code and the stored
information shall include all the information required to be retained
by the department, including all signatures required by this
section.
(g) The department shall make available for review, by any
interested party, the department's plans for revising and enhancing
its system for tracking hazardous waste for the purposes of
protecting human health and the environment, enforcing laws,
collecting revenue, and generating necessary reports.
(h) This section shall become operative on January 1, 2014, and
shall apply to the fees due for the 2014 reporting period and
thereafter, including the prepayments due during the reporting period
and the final reconciliation fee due and payable following the
reporting period.
SEC. 9. Section 25174 of the Health and Safety
Code is amended to read:
25174. (a) There is in the General Fund the Hazardous Waste
Control Account, which shall be administered by the director. In
addition to any other money that may be deposited in the Hazardous
Waste Control Account, pursuant to statute, all of the following
amounts shall be deposited in the account:
(1) The fees collected pursuant to Sections 25174.1, 25205.2,
25205.5, 25205.14, 25205.15, and 25205.16.
(2) The fees collected pursuant to Section 25187.2, to the extent
that those fees are for the oversight of corrective action taken
under this chapter.
(3) Any interest earned upon the money deposited in the Hazardous
Waste Control Account.
(4) Any money received from the federal government pursuant to the
federal act.
(5) Any reimbursements for funds expended from the Hazardous Waste
Control Account for services provided by the department pursuant to
this chapter, including, but not limited to, the reimbursements
required pursuant to Sections 25201.9 and 25205.7.
(b) The funds deposited in the Hazardous Waste Control Account may
be appropriated by the Legislature, for expenditure as follows:
(1) To the department for the administration and implementation of
this chapter.
(2) To the department for allocation to the State Board of
Equalization to pay refunds of fees collected pursuant to Sections
43051 and 43053 of the Revenue and Taxation Code and for the
administration and collection of the fees imposed pursuant to Article
9.1 (commencing with Section 25205.1) that are deposited into the
Hazardous Waste Control Account.
(3) To the department for the costs of performance or review of
analyses of past, present, or potential environmental public health
effects related to toxic substances, including extremely hazardous
waste, as defined in Section 25115, and hazardous waste, as defined
in Section 25117.
(4) (A) To the department for allocation to the office of the
Attorney General for the support of the Toxic Substance Enforcement
Program in the office of the Attorney General, in carrying out the
purposes of this chapter.
(B) On or before October 1 of each year, the Attorney General
shall report to the Legislature on the expenditure of any funds
allocated to the office of the Attorney General for the preceding
fiscal year pursuant to this paragraph and paragraph (14) of
subdivision (b) of Section 25173.6. The report shall include all of
the following:
(i) A description of cases resolved by the office of the Attorney
General through settlement or court order, including the monetary
benefit to the department and the state.
(ii) A description of injunctions or other court orders benefiting
the people of the state.
(iii) A description of any cases in which the Attorney General's
Toxic Substance Enforcement Program is representing the department or
the state against claims by defendants or responsible parties.
(iv) A description of other pending litigation handled by the
Attorney General's Toxic Substance Enforcement Program.
(C) Nothing in subparagraph (C) shall require the Attorney General
to report on any confidential or investigatory matter.
(5) To the department for administration and implementation of
Chapter 6.11 (commencing with Section 25404).
(c) (1) Expenditures from the Hazardous Waste Control Account for
support of state agencies other than the department shall, upon
appropriation by the Legislature to the department, be subject to an
interagency agreement or similar mechanism between the department and
the state agency receiving the support.
(2) The department shall, at the time of the release of the annual
Governor's Budget, describe the budgetary amounts proposed to be
allocated to the State Board of Equalization, as specified in
paragraph (2) of subdivision (b) and in paragraph (3) of subdivision
(b) of Section 25173.6, for the upcoming fiscal year.
(3) It is the intent of the Legislature that moneys appropriated
in the annual Budget Act each year for the purpose of reimbursing the
State Board of Equalization, a private party, or other public
agency, for the administration and collection of the fees imposed
pursuant to Article 9.1 (commencing with Section 25205.1) and
deposited in the Hazardous Waste Control Account, shall not exceed
the costs incurred by the State Board of Equalization, the private
party, or other public agency, for the administration and collection
of those fees.
(d) With respect to expenditures for the purposes of paragraphs
(1) and (3) of subdivision (b) and paragraphs (1) and (2) of
subdivision (b) of Section 25173.6, the department shall, at the time
of the release of the annual Governor's Budget, also make available
the budgetary amounts and allocations of staff resources of the
department proposed for the following activities:
(1) The department shall identify, by permit type, the projected
allocations of budgets and staff resources for hazardous waste
facilities permits, including standardized permits, closure plans,
and postclosure permits.
(2) The department shall identify, with regard to surveillance and
enforcement activities, the projected allocations of budgets and
staff resources for the following types of regulated facilities and
activities:
(A) Hazardous waste facilities operating under a permit or grant
of interim status issued by the department, and generator activities
conducted at those facilities. This information shall be reported by
permit type.
(B) Transporters.
(C) Response to complaints.
(3) The department shall identify the projected allocations of
budgets and staff resources for both of the following activities:
(A) The registration of hazardous waste transporters.
(B) The operation and maintenance of the hazardous waste manifest
system.
(4) The department shall identify, with regard to site mitigation
and corrective action, the projected allocations of budgets and staff
resources for the oversight and implementation of the following
activities:
(A) Investigations and removal and remedial actions at military
bases.
(B) Voluntary investigations and removal and remedial actions.
(C) State match and operation and maintenance costs, by site, at
joint state and federally funded National Priority List Sites.
(D) Investigation, removal and remedial actions, and operation and
maintenance at the Stringfellow Hazardous Waste Site.
(E) Investigation, removal and remedial actions, and operation and
maintenance at the Casmalia Hazardous Waste Site.
(F) Investigations and removal and remedial actions at
nonmilitary, responsible party lead National Priority List Sites.
(G) Preremedial activities under the federal Comprehensive
Environmental Response, Compensation, and Liability Act of 1980 (42
U.S.C. Sec. 9601 et seq.).
(H) Investigations, removal and remedial actions, and operation
and maintenance at state-only orphan sites.
(I) Investigations and removal and remedial actions at
nonmilitary, non-National Priority List responsible party lead sites.
(J) Investigations, removal and remedial actions, and operation
and maintenance at Expedited Remedial Action Program sites pursuant
to former Chapter 6.85 (commencing with Section 25396).
(K) Corrective actions at hazardous waste facilities.
(5) The department shall identify, with regard to the regulation
of hazardous waste, the projected allocation of budgets and staff
resources for the following activities:
(A) Determinations pertaining to the classification of hazardous
wastes.
(B) Determinations for variances made pursuant to Section 25143.
(C) Other determinations and responses to public inquiries made by
the department regarding the regulation of hazardous waste and
hazardous substances.
(6) The department shall identify projected allocations of budgets
and staff resources needed to do all of the following:
(A) Identify, remove, store, and dispose of, suspected hazardous
substances or hazardous materials associated with the investigation
of clandestine drug laboratories.
(B) Respond to emergencies pursuant to Section 25354.
(C) Create, support, maintain, and implement the railroad accident
prevention and immediate deployment plan developed pursuant to
Section 7718 of the Public Utilities Code.
(7) The department shall identify projected allocations of budgets
and staff resources for the administration and implementation of the
unified hazardous waste and hazardous materials regulatory program
established pursuant to Chapter 6.11 (commencing with Section 25404).
(8) The department shall identify the total cumulative
expenditures of the Regulatory Structure Update and Site Mitigation
Update projects since their inception, and shall identify the total
projected allocations of budgets and staff resources that are needed
to continue these projects.
(9) The department shall identify the total projected allocations
of budgets and staff resources that are necessary for all other
activities proposed to be conducted by the department.
(e) Notwithstanding this chapter, or Part 22 (commencing with
Section 43001) of Division 2 of the Revenue and Taxation Code, for
any fees, surcharges, fines, penalties, and funds that are required
to be deposited into the Hazardous Waste Control Account or the Toxic
Substances Control Account, the department, with the approval of the
Secretary for Environmental Protection, may take any of the
following actions:
(1) Assume responsibility for, or enter into a contract with a
private party or with another public agency, other than the State
Board of Equalization, for the collection of any fees, surcharges,
fines, penalties and funds described in subdivision (a) or otherwise
described in this chapter or Chapter 6.8 (commencing with Section
25300), for deposit into the Hazardous Waste Control Account or the
Toxic Substances Control Account.
(2) Administer, or by mutual agreement, contract with a private
party or another public agency, for the making of those
determinations and the performance of functions that would otherwise
be the responsibility of the State Board of Equalization pursuant to
this chapter, Chapter 6.8 (commencing with Section 25300), or Part 22
(commencing with Section 43001) of Division 2 of the Revenue and
Taxation Code, if those activities and functions for which the State
Board of Equalization would otherwise be responsible become the
responsibility of the department or, by mutual agreement, the
contractor selected by the department.
(f) If, pursuant to subdivision (e), the department, or a private
party or another public agency, pursuant to a contract with the
department, performs the determinations and functions that would
otherwise be the responsibility of the State Board of Equalization,
the department shall be responsible for ensuring that persons who are
subject to the fees specified in subdivision (e) have equivalent
rights to public notice and comment, and procedural and substantive
rights of appeal, as
afforded by the procedures of the State Board of Equalization
pursuant to Part 22 (commencing with Section 43001) of Division 2 of
the Revenue and Taxation Code. Final responsibility for the
administrative adjustment of fee rates and the administrative appeal
of any fees or penalty assessments made pursuant to this section may
only be assigned by the department to a public agency.
(g) If, pursuant to subdivision (e), the department, or a private
party or another public agency, pursuant to a contract with the
department, performs the determinations and functions that would
otherwise be the responsibility of the State Board of Equalization,
the department shall have equivalent authority to make collections
and enforce judgments as provided to the State Board of Equalization
pursuant to Part 22 (commencing with Section 43001) of Division 2 of
the Revenue and Taxation Code. Unpaid amounts, including penalties
and interest, shall be a perfected and enforceable state tax lien in
accordance with Section 43413 of the Revenue and Taxation Code.
(h) The department, with the concurrence of the Secretary for
Environmental Protection, shall determine which administrative
functions should be retained by the State Board of Equalization,
administered by the department, or assigned to another public agency
or private party pursuant to subdivisions (e), (f), and (g).
(i) The department may adopt regulations to implement subdivisions
(e) to (h), inclusive.
(j) The Director of Finance, upon request of the director, may
make a loan from the General Fund to the Hazardous Waste Control
Account to meet cash needs. The loan shall be subject to the
repayment provisions of Section 16351 of the Government Code and the
interest provisions of Section 16314 of the Government Code.
(k) The department shall establish, within the Hazardous Waste
Control Account, a reserve of at least one million dollars
($1,000,000) each year to ensure that all programs funded by the
Hazardous Waste Control Account will not be adversely affected by any
revenue shortfalls.
(l) This section shall remain in effect only until January 1,
2014, and as of that date is repealed, unless a later enacted
statute, that is enacted before January 1, 2014, deletes or extends
that date.
SEC. 10. Section 25174 is added to the Health
and Safety Code, to read:
25174. (a) There is in the General Fund the Hazardous Waste
Control Account, which shall be administered by the director. In
addition to any other money that may be deposited in the Hazardous
Waste Control Account, pursuant to statute, all of the following
amounts shall be deposited in the account:
(1) The fees collected pursuant to Sections 25205.2, 25205.5, and
25205.14.
(2) The fees collected pursuant to Section 25187.2, to the extent
that those fees are for the oversight of corrective action taken
under this chapter.
(3) Any interest earned upon the money deposited in the Hazardous
Waste Control Account.
(4) Any money received from the federal government pursuant to the
federal act.
(5) Any reimbursements for funds expended from the Hazardous Waste
Control Account for services provided by the department pursuant to
this chapter, including, but not limited to, the reimbursements
required pursuant to Sections 25201.9 and 25205.7.
(b) The funds deposited in the Hazardous Waste Control Account may
be appropriated by the Legislature, for expenditure as follows:
(1) To the department for the administration and implementation of
this chapter.
(2) To the department for allocation to the State Board of
Equalization to pay refunds of fees collected pursuant to Sections
43051 and 43053 of the Revenue and Taxation Code and for the
administration and collection of the fees imposed pursuant to Article
9.1 (commencing with Section 25205.1) that are deposited into the
Hazardous Waste Control Account.
(3) To the department for the costs of performance or review of
analyses of past, present, or potential environmental public health
effects related to toxic substances, including extremely hazardous
waste, as defined in Section 25115, and hazardous waste, as defined
in Section 25117.
(4) (A) To the department for allocation to the office of the
Attorney General for the support of the Toxic Substance Enforcement
Program in the office of the Attorney General, in carrying out the
purposes of this chapter.
(B) On or before October 1 of each year, the Attorney General
shall report to the Legislature on the expenditure of any funds
allocated to the office of the Attorney General for the preceding
fiscal year pursuant to this paragraph and paragraph (14) of
subdivision (b) of Section 25173.6. The report shall include all of
the following:
(i) A description of cases resolved by the office of the Attorney
General through settlement or court order, including the monetary
benefit to the department and the state.
(ii) A description of injunctions or other court orders benefiting
the people of the state.
(iii) A description of any cases in which the Attorney General's
Toxic Substance Enforcement Program is representing the department or
the state against claims by defendants or responsible parties.
(iv) A description of other pending litigation handled by the
Attorney General's Toxic Substance Enforcement Program.
(C) Nothing in subparagraph (C) shall require the Attorney General
to report on any confidential or investigatory matter.
(5) To the department for administration and implementation of
Chapter 6.11 (commencing with Section 25404).
(c) (1) Expenditures from the Hazardous Waste Control Account for
support of state agencies other than the department shall, upon
appropriation by the Legislature to the department, be subject to an
interagency agreement or similar mechanism between the department and
the state agency receiving the support.
(2) The department shall, at the time of the release of the annual
Governor's Budget, describe the budgetary amounts proposed to be
allocated to the State Board of Equalization, as specified in
paragraph (2) of subdivision (b) and in paragraph (3) of subdivision
(b) of Section 25173.6, for the upcoming fiscal year.
(3) It is the intent of the Legislature that moneys appropriated
in the annual Budget Act each year for the purpose of reimbursing the
State Board of Equalization, a private party, or other public
agency, for the administration and collection of the fees imposed
pursuant to Article 9.1 (commencing with Section 25205.1) and
deposited in the Hazardous Waste Control Account, shall not exceed
the costs incurred by the State Board of Equalization, the private
party, or other public agency, for the administration and collection
of those fees.
(d) With respect to expenditures for the purposes of paragraphs
(1) and (3) of subdivision (b) and paragraphs (1) and (2) of
subdivision (b) of Section 25173.6, the department shall, at the time
of the release of the annual Governor's Budget, also make available
the budgetary amounts and allocations of staff resources of the
department proposed for the following activities:
(1) The department shall identify, by permit type, the projected
allocations of budgets and staff resources for hazardous waste
facilities permits, including standardized permits, closure plans,
and postclosure permits.
(2) The department shall identify, with regard to surveillance and
enforcement activities, the projected allocations of budgets and
staff resources for the following types of regulated facilities and
activities:
(A) Hazardous waste facilities operating under a permit or grant
of interim status issued by the department, and generator activities
conducted at those facilities. This information shall be reported by
permit type.
(B) Transporters.
(C) Response to complaints.
(3) The department shall identify the projected allocations of
budgets and staff resources for both of the following activities:
(A) The registration of hazardous waste transporters.
(B) The operation and maintenance of the hazardous waste manifest
system.
(4) The department shall identify, with regard to site mitigation
and corrective action, the projected allocations of budgets and staff
resources for the oversight and implementation of the following
activities:
(A) Investigations and removal and remedial actions at military
bases.
(B) Voluntary investigations and removal and remedial actions.
(C) State match and operation and maintenance costs, by site, at
joint state and federally funded National Priority List Sites.
(D) Investigation, removal and remedial actions, and operation and
maintenance at the Stringfellow Hazardous Waste Site.
(E) Investigation, removal and remedial actions, and operation and
maintenance at the Casmalia Hazardous Waste Site.
(F) Investigations and removal and remedial actions at
nonmilitary, responsible party lead National Priority List Sites.
(G) Preremedial activities under the federal Comprehensive
Environmental Response, Compensation, and Liability Act of 1980 (42
U.S.C. Sec. 9601 et seq.).
(H) Investigations, removal and remedial actions, and operation
and maintenance at state-only orphan sites.
(I) Investigations and removal and remedial actions at
nonmilitary, non-National Priority List responsible party lead sites.
(J) Investigations, removal and remedial actions, and operation
and maintenance at Expedited Remedial Action Program sites pursuant
to former Chapter 6.85 (commencing with Section 25396).
(K) Corrective actions at hazardous waste facilities.
(5) The department shall identify, with regard to the regulation
of hazardous waste, the projected allocation of budgets and staff
resources for the following activities:
(A) Determinations pertaining to the classification of hazardous
wastes.
(B) Determinations for variances made pursuant to Section 25143.
(C) Other determinations and responses to public inquiries made by
the department regarding the regulation of hazardous waste and
hazardous substances.
(6) The department shall identify projected allocations of budgets
and staff resources needed to do all of the following:
(A) Identify, remove, store, and dispose of, suspected hazardous
substances or hazardous materials associated with the investigation
of clandestine drug laboratories.
(B) Respond to emergencies pursuant to Section 25354.
(C) Create, support, maintain, and implement the railroad accident
prevention and immediate deployment plan developed pursuant to
Section 7718 of the Public Utilities Code.
(7) The department shall identify projected allocations of budgets
and staff resources for the administration and implementation of the
unified hazardous waste and hazardous materials regulatory program
established pursuant to Chapter 6.11 (commencing with Section 25404).
(8) The department shall identify the total cumulative
expenditures of the Regulatory Structure Update and Site Mitigation
Update projects since their inception, and shall identify the total
projected allocations of budgets and staff resources that are needed
to continue these projects.
(9) The department shall identify the total projected allocations
of budgets and staff resources that are necessary for all other
activities proposed to be conducted by the department.
(e) Notwithstanding this chapter, or Part 22 (commencing with
Section 43001) of Division 2 of the Revenue and Taxation Code, for
any fees, surcharges, fines, penalties, and funds that are required
to be deposited into the Hazardous Waste Control Account or the Toxic
Substances Control Account, the department, with the approval of the
Secretary for Environmental Protection, may take any of the
following actions:
(1) Assume responsibility for, or enter into a contract with a
private party or with another public agency, other than the State
Board of Equalization, for the collection of any fees, surcharges,
fines, penalties and funds described in subdivision (a) or otherwise
described in this chapter or Chapter 6.8 (commencing with Section
25300), for deposit into the Hazardous Waste Control Account or the
Toxic Substances Control Account.
(2) Administer, or by mutual agreement, contract with a private
party or another public agency, for the making of those
determinations and the performance of functions that would otherwise
be the responsibility of the State Board of Equalization pursuant to
this chapter, Chapter 6.8 (commencing with Section 25300), or Part 22
(commencing with Section 43001) of Division 2 of the Revenue and
Taxation Code, if those activities and functions for which the State
Board of Equalization would otherwise be responsible become the
responsibility of the department or, by mutual agreement, the
contractor selected by the department.
(f) If, pursuant to subdivision (e), the department, or a private
party or another public agency, pursuant to a contract with the
department, performs the determinations and functions that would
otherwise be the responsibility of the State Board of Equalization,
the department shall be responsible for ensuring that persons who are
subject to the fees specified in subdivision (e) have equivalent
rights to public notice and comment, and procedural and substantive
rights of appeal, as afforded by the procedures of the State Board of
Equalization pursuant to Part 22 (commencing with Section 43001) of
Division 2 of the Revenue and Taxation Code. Final responsibility for
the administrative adjustment of fee rates and the administrative
appeal of any fees or penalty assessments made pursuant to this
section may only be assigned by the department to a public agency.
(g) If, pursuant to subdivision (e), the department, or a private
party or another public agency, pursuant to a contract with the
department, performs the determinations and functions that would
otherwise be the responsibility of the State Board of Equalization,
the department shall have equivalent authority to make collections
and enforce judgments as provided to the State Board of Equalization
pursuant to Part 22 (commencing with Section 43001) of Division 2 of
the Revenue and Taxation Code. Unpaid amounts, including penalties
and interest, shall be a perfected and enforceable state tax lien in
accordance with Section 43413 of the Revenue and Taxation Code.
(h) The department, with the concurrence of the Secretary for
Environmental Protection, shall determine which administrative
functions should be retained by the State Board of Equalization,
administered by the department, or assigned to another public agency
or private party pursuant to subdivisions (e), (f), and (g).
(i) The department may adopt regulations to implement subdivisions
(e) to (h), inclusive.
(j) The Director of Finance, upon request of the director, may
make a loan from the General Fund to the Hazardous Waste Control
Account to meet cash needs. The loan shall be subject to the
repayment provisions of Section 16351 of the Government Code and the
interest provisions of Section 16314 of the Government Code.
(k) The department shall establish, within the Hazardous Waste
Control Account, a reserve of at least one million dollars
($1,000,000) each year to ensure that all programs funded by the
Hazardous Waste Control Account will not be adversely affected by any
revenue shortfalls.
(l) This section shall become operative on January 1, 2014.
SEC. 11. Section 25174.1 of the Health and
Safety Code is amended to read:
25174.1. (a) A person who disposes of hazardous waste in this
state shall pay a fee for the disposal of hazardous waste to land,
based on the type of waste placed in a disposal site, in accordance
with this section and Section 25174.6.
(b) "Disposal fee" means the fee imposed by this section.
(c) For purposes of this section, "dispose" and "disposal" include
"disposal," as defined in Section 25113, including, but not limited
to, "land treatment," as defined in subdivision (n) of Section
25205.1.
(d) An operator of an authorized hazardous waste facility, at
which hazardous wastes are disposed, shall collect a fee from any
person submitting hazardous waste for disposal and shall transmit the
fees to the State Board of Equalization for the disposal of those
wastes. The operator shall be considered the taxpayer for purposes of
Section 43151 of the Revenue and Taxation Code. The facility
operator is not required to collect and transmit the fee for a
hazardous waste if the operator maintains written evidence that the
hazardous waste is eligible for the exemption provided by Section
25174.7 or otherwise exempted from the fees pursuant to this chapter.
The written evidence may be provided by the operator or by the
person submitting the hazardous waste for disposal, and shall be
maintained by the operator at the facility for a minimum of three
years from the date that the waste is submitted for disposal. If the
operator submits the hazardous waste for disposal, the operator shall
pay the same fee as would any other person.
(e) Notwithstanding subdivision (d), the disposal facility shall
not be liable for the underpayment of any disposal fees for hazardous
waste submitted for disposal by a person other than the operator, if
the person submitting the hazardous waste to the disposal facility
has done either of the following:
(1) Mischaracterized the hazardous waste.
(2) Misrepresented any exemptions pursuant to Section 25174.7 or
any other exemption from the disposal fee provided pursuant to this
chapter.
(f) (1) Any additional payment of disposal fees that are due to
the State Board of Equalization as a result of a mischaracterization
of a hazardous waste, a misrepresentation of an exemption, or any
other error, shall be the responsibility of the person making the
mischaracterization, misrepresentation, or error.
(2) In the event of a dispute regarding the responsibility for a
mischaracterization, misrepresentation, or other error, for which
additional payment of disposal fees are due, the State Board of
Equalization shall assign responsibility for payment of the fee to
that person, or those persons, it determines responsible for the
mischaracterization, misrepresentation, or other error, provided that
the person, or persons, has the right to a public hearing and
comment, and the procedural and substantive rights of appeal pursuant
to Part 22 (commencing with Section 43001) of Division 2 of the
Revenue and Taxation Code.
(3) Any generator, transporter, or owner or operator of a disposal
facility shall report to the department and the State Board of
Equalization any information regarding the mischaracterization,
misrepresentation, or error, which could affect the disposal fee,
within 30 days of that information first becoming known to that
person.
(g) The State Board of Equalization shall deposit the fees
collected pursuant to this section in the Hazardous Waste Control
Account, for expenditure by the department, upon appropriation by the
Legislature.
(h) The operator of the facility that disposes of the hazardous
waste to land shall provide to every person who submits hazardous
waste for disposal at the facility a statement showing the amount of
hazardous waste fees payable pursuant to this section.
(i) Any person who disposes of hazardous waste at any site that is
not an authorized hazardous waste facility shall be responsible for
payment of fees pursuant to this section and shall be the taxpayer
for purposes of Section 43151 of the Revenue and Taxation Code.
(j) This section applies only to fees due for the 2013 and earlier
reporting periods.
(k) This section shall remain in effect only until January 1,
2014, and as of that date is repealed, unless a later enacted
statute, that is enacted before January 1, 2014, deletes or extends
that date.
SEC. 12. Section 25174.2 of the Health and
Safety Code is amended to read:
25174.2. (a) The base rate for the hazardous wastes specified in
Section 25174.6 that are disposed of or submitted for disposal in the
state is eighty-five dollars and twenty-four cents ($85.24) per ton
for disposal of hazardous waste to land.
(b) The base rate specified in subdivision (a) is the base rate
for the period of January 1, 1997, to December 31, 1997. Beginning
with calendar year 1998, and for each year thereafter, the State
Board of Equalization shall adjust the base rate annually 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.
(c) This section applies only to fees due for the 2013 and earlier
reporting periods.
(d) This section shall remain in effect only until January 1,
2014, and as of that date is repealed, unless a later enacted
statute, that is enacted before January 1, 2014, deletes or extends
that date.
SEC. 13. Section 25174.6 of the Health and
Safety Code is amended to read:
25174.6. (a) The fee provided pursuant to Section 25174.1 shall
be determined as a percentage of the base rate, as adjusted by the
State Board of Equalization, pursuant to Section 25174.2, or as
otherwise provided by this section. The procedure for determining
these fees is as follows:
(1) The following fees shall be paid for each ton, or fraction of
a ton for up to the first 5,000 tons of the following hazardous
wastes disposed of, or submitted for disposal, in the state at each
specific offsite facility by each producer, or at each specific
onsite facility, per month, if the hazardous wastes are not otherwise
subject to the fee specified in paragraph (3) or (4) and are not
otherwise exempt from the fees imposed pursuant to this article:
(A) For non-RCRA hazardous waste, excluding asbestos, generated in
a remedial action, a removal action, or a corrective action taken
pursuant to this chapter, Chapter 6.7 (commencing with Section
25280), Chapter 6.75 (commencing with Section 25299.10), or Chapter
6.8 (commencing with Section 25300), or generated in any other
required or voluntary cleanup, removal, or remediation of a hazardous
substance or non-RCRA hazardous waste, a fee of five dollars and
seventy-two cents ($5.72) per ton.
(B) For all other non-RCRA hazardous waste, a fee of 16.31 percent
of the base rate for each ton.
(2) Thirteen percent of the base rate for each ton, or fraction of
a ton, shall be paid for up to the first 5,000 tons of hazardous
waste disposed of, or submitted for disposal, in the state, at each
specific offsite facility by each producer, or at each specific
onsite facility, per month, which result from the extraction,
beneficiation, and processing of ores and minerals, including
phosphate rock and the overburden from the mining of uranium ore and
that is not otherwise subject to the fee specified in paragraph (3)
or (4).
(3) Two hundred percent of the base rate shall be paid for each
ton, or fraction of a ton, of extremely hazardous waste disposed of,
or submitted for disposal, in the state.
(4) Two hundred percent of the base rate shall be paid for each
ton, or fraction of a ton, of restricted hazardous wastes listed in
subdivision (b) of Section
25122.7 disposed of, or submitted for disposal, in the state.
(5) Forty and four-tenths percent of the base rate shall be paid
for each ton, or fraction thereof, of hazardous waste disposed of, or
submitted for disposal, in the state that is not otherwise subject
to the fees specified in paragraph (1), (2), (3), (4), or (6).
(6) Five percent of the base rate shall be paid for each ton, or
fraction of a ton, of hazardous waste disposed of, or submitted for
disposal, in the state that is a solid hazardous waste residue
resulting from incineration or dechlorination. Fees shall not be
imposed pursuant to this paragraph on a solid hazardous waste residue
resulting from incineration or dechlorination that is disposed of,
or submitted for disposal, outside of the state.
(7) Fifty percent of the fee that would otherwise be paid for each
ton, or fraction of a ton, of hazardous waste disposed of in the
state that is a solid hazardous waste residue resulting from
treatment of a treatable waste by means of a designated treatment
technology, as defined in Section 25179.2. Fees shall not be imposed
pursuant to this paragraph on a solid hazardous waste residue
resulting from treatment of a treatable waste by means of a
designated treatment technology that is not a hazardous waste or that
is disposed of, or submitted for disposal, outside of the state.
(b) The amount of fees payable to the State Board of Equalization
pursuant to this section shall be calculated using the total wet
weight, measured in tons or fractions of a ton, of the hazardous
waste in the form in which the hazardous waste existed at the time of
disposal, submission for disposal, or application to land using a
land disposal method, as defined in Section 66260.10 of Title 22 of
the California Code of Regulations, if all of the following apply:
(1) The weight of any nonhazardous reagents or treatment additives
added to the waste, after it has been submitted for disposal, for
purposes of rendering the waste less hazardous, shall not be included
in those calculations.
(2) Except as provided by paragraph (7) of subdivision (a), any
RCRA hazardous waste received, treated, and disposed at the disposal
facility shall be subject to a disposal fee pursuant to this section
as if it were a non-RCRA hazardous waste, if the waste, due to
treatment, is no longer a RCRA hazardous waste at the time of
disposal.
(c) All fees imposed by this section shall be paid in accordance
with Part 22 (commencing with Section 43001) of Division 2 of the
Revenue and Taxation Code.
(d) This section applies only to fees due for the 2013 and earlier
reporting periods.
(e) This section shall remain in effect only until January 1,
2014, and as of that date is repealed, unless a later enacted
statute, that is enacted before January 1, 2014, deletes or extends
that date.
SEC. 14. Section 25174.7 of the Health and
Safety Code is amended to read:
25174.7. (a) The fees provided for in Sections 25174.1 and
25205.5 do not apply to any of the following:
(1) Hazardous wastes that result when a government agency, or its
contractor, removes or remedies a release of hazardous waste in the
state caused by another person.
(2) Hazardous wastes generated or disposed of by a public agency
operating a household hazardous waste collection facility in the
state pursuant to Article 10.8 (commencing with Section 25218),
including, but not limited to, hazardous waste received from
conditionally exempt small quantity commercial generators, authorized
pursuant to Section 25218.3.
(3) Hazardous wastes generated or disposed of by local vector
control agencies that have entered into a cooperative agreement
pursuant to Section 116180 or by county agricultural commissioners,
if the hazardous wastes result from their control or regulatory
activities and if they comply with the requirements of this chapter
and regulations adopted pursuant this chapter.
(4) Hazardous waste disposed of, or submitted for disposal or
treatment, by any person, which is discovered and separated from
solid waste as part of a load checking program.
(b) Notwithstanding paragraph (1) of subdivision (a), any person
responsible for a release of hazardous waste, that has been removed
or remedied by a government agency, or its contractor, shall pay the
fee pursuant to Section 25174.1.
(c) Any person who acquires land for the sole purpose of
owner-occupied single-family residential use, and who acquires that
land without actual or constructive notice or knowledge that there is
a tank containing hazardous waste on or under that property, is
exempt from the fees imposed pursuant to Sections 25174.1 and
25205.5, in connection with the removal of the tank.
(d) This section applies only to fees due for the 2013 and earlier
reporting periods.
(e) This section shall remain in effect only until January 1,
2014, and as of that date is repealed, unless a later enacted
statute, that is enacted before January 1, 2014, deletes or extends
that date.
SEC. 15. Section 25174.11 of the Health and
Safety Code is repealed.
SEC. 16. Section 25175 of the Health and Safety
Code is amended to read:
25175. (a) (1) The department shall prepare and adopt, by
regulation, a list, and on or before January 1, 2002, and when
appropriate thereafter, shall revise, by regulation, that list, of
specified hazardous wastes that the department finds are economically
and technologically feasible to recycle either onsite or at an
offsite commercial hazardous waste recycling facility in the state,
taking into consideration various factors that shall include, but are
not limited to, the quantities of, concentrations of, and potential
contaminants in, these hazardous wastes, the number and location of
recycling facilities, and the proximity of these facilities to
hazardous waste generators.
(2) Whenever any hazardous waste on the list adopted or revised
pursuant to paragraph (1) is transported offsite for disposal, the
department may request, in writing, by certified mail with return
receipt requested, and the generator of that waste shall supply the
department with, a formal, complete, and detailed statement
justifying why the waste was not recycled. The generator shall supply
the statement in writing, by certified mail with return receipt
requested, within 30 calendar days of receipt of the department's
request. This statement shall include the generator's assessment of
the economic and technological feasibility of recycling the wastes
and may include, but need not to be limited to, the generator's good
faith determination that sending the hazardous waste to any recycling
facility where it is feasible to recycle that hazardous waste would
constitute an unacceptable environmental or business risk. This
determination by the generator shall be based upon an environmental
audit or other reasonably diligent investigation of the environmental
and other relevant business practices of the recycling facility or
facilities where it would otherwise be feasible to recycle the waste.
If the request is made of any entity listed in Section 25118 other
than an individual, the statement shall be issued by the responsible
management of that entity. The department shall keep confidential any
trade secrets contained in that statement.
(3) On or before January 1, 2002, the department shall establish a
procedure for the department to independently verify whether any
hazardous waste identified in the list adopted pursuant to paragraph
(1) is disposed of, rather than recycled. The department shall, on or
before January 1, 2002, prepare and adopt those regulations that the
department finds necessary to ensure that it can fully perform its
duties pursuant to subdivisions (k) and ( l ) of
Section 25170 to encourage the exchange of hazardous waste and to
establish and maintain an information clearinghouse of hazardous
wastes that may be recyclable.
(4) On or before July 1, 2000, the department shall establish an
advisory committee to advise the department on the development of the
regulations required or authorized by this section and on the
department's implementation of this section. The advisory committee
shall consist of representatives of generators, hazardous waste
facility operators, environmental organizations, the Legislature, and
other interested parties.
(5) In determining to which generators the department will send
the request specified in paragraph (2), the department shall give
priority to notifying generators transporting offsite for disposal
more than 1000 pounds per year of the type of hazardous waste that
would be the subject of the request, to the extent this
prioritization is feasible within the information management
capabilities of the department.
(b) (1) If, after the department receives a statement from a
generator pursuant to paragraph (2) of subdivision (a), the
department finds the recycling of a hazardous waste to be
economically and technologically feasible, the department shall
inform the generator, in writing, by certified mail, return receipt
requested, that 30 days after the date the generator receives notice
of the department's finding, any of the generators' hazardous waste
transported offsite to which the department's finding applies shall,
after that date, be recycled. The department may establish procedures
for rescinding or modifying any finding made by the department
pursuant to this paragraph if there is a pertinent change in
circumstances related to that finding.
(2) Notwithstanding paragraph (1), the department shall not find
the recycling of a hazardous waste to be economically and
technologically feasible if a generator includes a good faith
determination in the statement submitted pursuant to paragraph (2) of
subdivision (a) that sending its hazardous waste to any recycling
facility where it is otherwise feasible to recycle the hazardous
waste constitutes an unacceptable environmental or business risk.
(c) A generator who does not recycle a hazardous waste after the
generator receives a notice of the departments' findings pursuant to
subdivision (b) that the hazardous waste is economically and
technologically feasible to recycle is subject to five times the
disposal fee that would otherwise apply to the disposal of that
hazardous waste pursuant to Section 25174.1.
(d) For purposes of this section, "recycle" and "recycling" shall
have the same meaning as set forth in subdivision (a) of Section
25121.1.
(e) This section applies only to fees due for the 2013 and earlier
reporting periods.
(f) This section shall remain in effect only until January 1,
2014, and as of that date is repealed, unless a later enacted
statute, that is enacted before January 1, 2014, deletes or extends
that date.
SEC. 17. Section 25175 is added to the Health
and Safety Code, to read:
25175. (a) (1) The department shall prepare and adopt, by
regulation, a list, and when appropriate, shall revise, by
regulation, that list, of specified hazardous wastes that the
department finds are economically and technologically feasible to
recycle either onsite or at an offsite commercial hazardous waste
recycling facility in the state, taking into consideration various
factors that shall include, but are not limited to, the quantities
of, concentrations of, and potential contaminants in, these hazardous
wastes, the number and location of recycling facilities, and the
proximity of these facilities to hazardous waste generators.
(2) Whenever any hazardous waste on the list adopted or revised
pursuant to paragraph (1) is transported offsite for disposal, the
department may request, in writing, by certified mail with return
receipt requested, and the generator of that waste shall supply the
department with a formal, complete, and detailed statement justifying
why the waste was not recycled. The generator shall supply the
statement in writing, by certified mail with return receipt
requested, within 30 calendar days of receipt of the department's
request. This statement shall include the generator's assessment of
the economic and technological feasibility of recycling the wastes
and may include, but need not to be limited to, the generator's good
faith determination that sending the hazardous waste to any recycling
facility where it is feasible to recycle that hazardous waste would
constitute an unacceptable environmental or business risk. This
determination by the generator shall be based upon an environmental
audit or other reasonably diligent investigation of the environmental
and other relevant business practices of the recycling facility or
facilities where it would otherwise be feasible to recycle the waste.
If the request is made of any entity listed in Section 25118 other
than an individual, the statement shall be issued by the responsible
management of that entity. The department shall keep confidential any
trade secrets contained in that statement.
(3) The department shall establish a procedure for the department
to independently verify whether any hazardous waste identified in the
list adopted pursuant to paragraph (1) is disposed of, rather than
recycled. The department shall prepare and adopt those regulations
that the department finds necessary to ensure that it can fully
perform its duties pursuant to subdivisions (k) and ( l
) of Section 25170 to encourage the exchange of
hazardous waste and to establish and maintain an information
clearinghouse of hazardous wastes that may be recyclable.
(4) The department shall establish an advisory committee to advise
the department on the development of the regulations required or
authorized by this section and on the department's implementation of
this section. The advisory committee shall consist of representatives
of generators, hazardous waste facility operators, environmental
organizations, the Legislature, and other interested parties.
(5) In determining to which generators the department will send
the request specified in paragraph (2), the department shall give
priority to notifying generators transporting offsite for disposal
more than 1000 pounds per year of the type of hazardous waste that
would be the subject of the request, to the extent this
prioritization is feasible within the information management
capabilities of the department.
(b) (1) If, after the department receives a statement from a
generator pursuant to paragraph (2) of subdivision (a), the
department finds the recycling of a hazardous waste to be
economically and technologically feasible, the department shall
inform the generator, in writing, by certified mail, return receipt
requested, that 30 days after the date the generator receives notice
of the department's finding, any of the generators' hazardous waste
transported offsite to which the department's finding applies shall,
after that date, be recycled. The department may establish procedures
for rescinding or modifying any finding made by the department
pursuant to this paragraph if there is a pertinent change in
circumstances related to that finding.
(2) Notwithstanding paragraph (1), the department shall not find
the recycling of a hazardous waste to be economically and
technologically feasible if a generator includes a good faith
determination in the statement submitted pursuant to paragraph (2) of
subdivision (a) that sending its hazardous waste to any recycling
facility where it is otherwise feasible to recycle the hazardous
waste constitutes an unacceptable environmental or business risk.
(c) A generator who does not recycle a hazardous waste after the
generator receives a notice of the departments' findings pursuant to
subdivision (b) that the hazardous waste is economically and
technologically feasible to recycle is subject to five times the
generation and handling fee that would otherwise apply to of that
hazardous waste pursuant to Section 25205.5.
(d) For purposes of this section, "recycle" and "recycling" shall
have the same meaning as set forth in subdivision (a) of Section
25121.1.
(e) This section shall become operative on January 1, 2014, and
shall apply to the fees due for the 2014 reporting period and
thereafter, including the prepayments due following the reporting
period and the final reconciliation fee due and payable following the
reporting period.
SEC. 18. Section 25178.1 of the Health and
Safety Code is amended to read:
25178.1. (a) The State Board of Equalization shall provide
quarterly reports to the Legislature on the fees collected pursuant
to Sections 25205.2 and 25205.5. The reports shall be due on the 15th
day of the second month following each quarter.
(b) The report submitted pursuant to this subdivision shall be
submitted in compliance with Section 9795 of the Government Code.
SEC. 19. 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 Section 25205.7, if the operator
of the facility is subject to the fee, and if the department or the
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 the State Board of Equalization has notified
the facility's operator of the delinquency.
(3) For a facility operator that exercised the option to pay the
flat activity fee rate under subdivision (d) of Section 25205.7 as
that section read on January 1, 2013, the operator has exhausted 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.
(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 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 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. 20. Section 25205.2 of the Health and
Safety Code is amended to read:
25205.2. (a) Except as provided in subdivisions (c) and (h), in
addition to the fees specified in Section 25174.1, each operator of a
facility shall pay a facility fee for each reporting period, or any
portion thereof, to the board based on the size and type of the
facility, as specified in Section 25205.4. On or before January 31 of
each calendar year, the department annually shall notify the board
of all known facility operators by facility type and size. The
department shall also notify the board of any operator who is issued
a permit or grant of interim status within 30 days from the date that
a permit or grant of interim status is issued to the operator. The
fee specified in this section does not apply to facilities exempted
pursuant to Section 25205.12.
(b) The board shall deposit all fees collected pursuant to
subdivision (a) in the Hazardous Waste Control Account in the General
Fund. The fees so deposited may be expended by the department, upon
appropriation by the Legislature, for the purposes specified in
subdivision (b) of Section 25174.
(c) Notwithstanding subdivision (a), a person who is issued a
variance by the department from the requirement of obtaining a
hazardous waste facilities permit or grant of interim status is not
subject to the fee, for any reporting period following the reporting
period in which the variance was granted by the department.
(d) Operators subject to facility fee liability pursuant to this
section shall pay the following amounts:
(1) The operator shall pay the applicable facility fee for each
reporting period in which the facility actually engaged in the
treatment, storage, or disposal of hazardous waste.
(2) The operator shall pay the applicable facility fee for one
additional reporting period immediately following the final reporting
period in which the facility actually engaged in that treatment or
storage. For the 1994 reporting period and thereafter, the facility's
size for that additional reporting period shall be deemed to be the
largest size at which the facility has ever been subject to the fee.
If the department previously approved a unit or portion of the
facility for a variance, closure, or permit-by-rule, the facility's
size for that reporting period shall be
deemed to be its largest size since the department
granted the approval.
(3) The operator of a disposal facility shall pay twice the
applicable facility fee for one additional reporting period
immediately following the final reporting period in which the
facility actually engaged in disposal of hazardous waste.
(4) For the 1994 reporting period and thereafter, a facility shall
not be deemed to have stopped treating, storing, or disposing of
hazardous waste unless it has actually ceased that activity and has
notified the department of its intent to close.
(5) If the reporting period which immediately followed the final
reporting period in which a facility actually engaged in the
treatment, storage, or disposal of the hazardous waste was the
six-month period from July 1, 1991, through December 31, 1991, the
operator shall be subject to twice the fee otherwise applicable to
that operator for that reporting period under paragraphs (2) and (3).
(e) No facility shall be subject to a facility fee for treatment,
storage, or disposal, if that activity ceased before July 1, 1986,
and if the fee for the activity was not paid prior to January 1,
1994.
(f) Notwithstanding any other provision of this section, a person
who ceased actual treatment, storage, or disposal of hazardous waste,
whether generated onsite or received from offsite, before July 1,
1986, and who paid facility fees for any reporting period after that
date pursuant to a decision of the State Board of Equalization, and
who filed a claim for refund of those fees on or before January 1,
1994, shall be entitled to a refund of those amounts.
(g) Facility operators who treated, stored, or disposed of
hazardous waste on or after July 1, 1986, shall be subject to the
provisions of this section which were in effect prior to January 1,
1994, as to payments which their operators made prior to January 1,
1994. The operators shall be subject to subdivision (d) as to any
other liability for the facility fee.
(h) A treatment facility is not subject to the facility fee
established pursuant to this section, if the facility engages in
treatment exclusively to accomplish a removal or remedial action or a
corrective action in accordance with an order issued by the
Environmental Protection Agency pursuant to the federal act or in
accordance with an order issued by the department pursuant to Section
25187, if the facility was put in operation solely for purposes of
complying with that order. The department shall instead assess a fee
for that facility for the actual time spent by the department for the
inspection and oversight of that facility. The department shall base
the fee on the department's work standards and shall assess the fee
on an hourly basis.
(i) Notwithstanding subdivision (a), a facility operating pursuant
to a standardized permit or grant of interim status, as specified in
Section 25201.6, shall receive a credit for the annual facility fee
imposed by this section for a period of time equal to the number of
years that the facility lawfully operated prior to September 21,
1993, pursuant to a hazardous waste facilities permit or other grant
of authorization and paid facility fees for the operation of the
facility pursuant to this section.
(j) This section applies only to fees due for the 2013 and earlier
reporting periods, including the prepayments due during each
reporting period and the final reconciliation fee due and payable by
February 28 of the year following each reporting period.
(k) This section shall remain in effect only until January 1,
2014, and as of that date is repealed, unless a later enacted
statute, that is enacted before January 1, 2014, deletes or extends
that date.
SEC. 21. Section 25205.2 is added to the Health
and Safety Code, to read:
25205.2. (a) Except as provided in subdivisions (c) and (e), each
operator of a facility shall pay a facility fee for each reporting
period, or any portion of the reporting period, to the board based on
the size and type of the facility, as specified in Section 25205.4.
On or before January 31 of each calendar year, the department
annually shall notify the board of all known facility operators by
facility type and size. The department shall also notify the board of
any operator who is issued a permit or grant of interim status
within 30 days from the date that a permit or grant of interim status
is issued to the operator. The fee specified in this section does
not apply to facilities exempted pursuant to Section 25205.12.
(b) The board shall deposit all fees collected pursuant to
subdivision (a) in the Hazardous Waste Control Account in the General
Fund. The fees so deposited may be expended by the department, upon
appropriation by the Legislature, for the purposes specified in
subdivision (b) of Section 25174.
(c) Notwithstanding subdivision (a), a person who is issued a
variance by the department from the requirement of obtaining a
hazardous waste facilities permit or grant of interim status is not
subject to the fee for any reporting period following the reporting
period in which the variance was granted by the department.
(d) Operators subject to facility fee liability pursuant to this
section shall pay the following amounts:
(1) The operator shall pay the applicable facility fee for each
reporting period in which the facility actually engaged in the
treatment, storage, or disposal of hazardous waste.
(2) The operator shall pay the applicable facility fee for one
additional reporting period immediately following the final reporting
period in which the facility actually engaged in that treatment or
storage. The facility's size for the additional reporting period
shall be deemed to be the largest size at which the facility has ever
been subject to the fee. If the department previously approved a
unit or portion of the facility for a variance, closure, or
permit-by-rule, the facility's size for that reporting period shall
be deemed to be its largest size since the department granted the
approval.
(3) The operator of a disposal facility shall pay twice the
applicable facility fee for one additional reporting period
immediately following the final reporting period in which the
facility actually engaged in disposal of hazardous waste.
(4) A facility shall not be deemed to have stopped treating,
storing, or disposing of hazardous waste unless it has actually
ceased that activity and has notified the department of its intent to
close.
(e) A treatment facility is not subject to the facility fee
established pursuant to this section if the facility engages in
treatment exclusively to accomplish a removal or remedial action or a
corrective action in accordance with an order issued by the United
States Environmental Protection Agency pursuant to the federal act or
in accordance with an order issued by the department pursuant to
Section 25187, or if the removal or remedial action is carried out
pursuant to a removal action work plan or a remedial action plan
prepared pursuant to Section 25356.1 and that treatment facility is
authorized to operate pursuant to Section 25358.9, if the facility
was put in operation solely for purposes of complying with that
order. The department shall instead assess a fee for that facility
for the actual time spent by the department for the inspection and
oversight of that facility. The department shall base the fee on the
department's work standards and shall assess the fee on an hourly
basis.
(f) This section shall become operative on January 1, 2014 and
shall apply to the annual facility fees due for the 2014 reporting
period and thereafter, including the prepayments due during the
reporting period and the final reconciliation fee due and payable by
February 28 of the year following the reporting period.
SEC. 22. Section 25205.3 of the Health and
Safety Code is amended to read:
25205.3. The following facilities are exempt from the fees
imposed by this article:
(a) Any household hazardous waste collection facility operated
pursuant to Article 10.8 (commencing with Section 25218).
(b) Any facility operated by a local government agency, or by any
person operating a hazardous waste collection program under an
agreement with a public agency, which is used for wastes which meet
the requirements of paragraph (3) of subdivision (a) of Section
25174.7.
(c) That portion of a solid waste facility permitted pursuant to
Chapter 3 (commencing with Section 44001) of Part 4 of Division 30 of
the Public Resources Code, which is used for the segregation,
handling, and storage of hazardous waste separated from solid waste
loads received by the facility, pursuant to a load checking program.
(d) A facility used solely for the treatment, storage, disposal,
or recycling of hazardous waste which results when a public agency or
its contractor investigates, removes, or remedies a release of
hazardous waste caused by another person.
(e) (1) For purposes of fees assessed in any reporting period
beginning July 1, 1990, or subsequently, a facility which has been
issued a permit for the purpose of storing hazardous waste onsite,
and whose permit has expired, if all of the following has occurred:
(A) The facility has received no waste from offsite since the
permit expired.
(B) The owner or operator gave the department timely notification
of intent to close the facility, pursuant to regulations adopted by
the department.
(C) At least 90 days have elapsed since the owner or operator gave
the department that notification.
(D) The department did not complete its review of the closure plan
within 90 days of receiving the notification.
(2) This exclusion shall take effect the reporting period
following the reporting period in which the facility first satisfied
the requirements of paragraph (1) and did not accumulate waste onsite
for more than 90 consecutive days.
(f) This section applies only to fees due for the 2013 and earlier
reporting periods.
(g) This section shall remain in effect only until January 1,
2014, and as of that date is repealed, unless a later enacted
statute, that is enacted before January 1, 2014, deletes or extends
that date.
SEC. 23. Section 25205.3 is added to the Health
and Safety Code, to read:
25205.3. The following facilities are exempt from the fees
imposed by this article:
(a) Any household hazardous waste collection facility operated
pursuant to Article 10.8 (commencing with Section 25218).
(b) Any facility operated by a local government agency or by any
person operating a hazardous waste collection program under an
agreement with a public agency that is used for wastes that meet the
requirements of paragraph (3) of subdivision (a) of Section
25205.5.2.
(c) That portion of a solid waste facility permitted pursuant to
Chapter 3 (commencing with Section 44001) of Part 4 of Division 30 of
the Public Resources Code, which is used for the segregation,
handling, and storage of hazardous waste separated from solid waste
loads received by the facility, pursuant to a load checking program.
(d) A facility used solely for the treatment, storage, disposal,
or recycling of hazardous waste that results when a public agency or
its contractor investigates, removes, or remedies a release of
hazardous waste caused by another person.
(e) (1) A facility that has been issued a permit for the purpose
of storing hazardous waste onsite and whose permit has expired, if
all of the following has occurred:
(A) The facility has received no waste from offsite since the
permit expired.
(B) The owner or operator gave the department timely notification
of intent to close the facility, pursuant to regulations adopted by
the department.
(C) At least 90 days have elapsed since the owner or operator gave
the department that notification.
(D) The department did not complete its review of the closure plan
within 90 days of receiving the notification.
(2) This exclusion shall take effect the reporting period
following the reporting period in which the facility first satisfied
the requirements of paragraph (1) and did not accumulate waste onsite
for more than 90 consecutive days.
(f) This section shall become operative on January 1, 2014, and
shall apply to the fees due for the 2014 reporting period and
thereafter. This includes the prepayments due during the reporting
period and the final reconciliation fee due and payable following the
reporting period.
SEC. 24. Section 25205.4 of the Health and
Safety Code is amended to read:
25205.4. (a) The base rate for the 2013 reporting period for the
fee imposed by Section 25205.2 is thirty thousand five dollars
($30,005). Commencing with the 2014 reporting period, and for each
reporting period thereafter, the board shall adjust the base rate
annually 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 by a successor
agency.
(b) The determination of the facility fee pursuant to this
section, including the redetermination of the base rate, is exempt
from Chapter 3.5 (commencing with Section 11340) of Part 1 of
Division 3 of Title 2 of the Government Code.
(c) Except as provided in subdivision (e), in computing the
facility fees pursuant to this section, all of the following shall
apply:
(1) The fee to be paid by a ministorage facility shall equal 25
percent of the base facility rate.
(2) The fee to be paid by a small storage facility shall equal the
base facility rate.
(3) The fee to be paid by a large storage facility shall equal
twice the base facility rate.
(4) The fee to be paid by a minitreatment facility shall equal 50
percent of the base facility rate.
(5) The fee to be paid by a small treatment facility shall equal
twice the base facility rate.
(6) The fee to be paid by a large onsite treatment facility shall
equal three times the base facility rate.
(7) The fee to be paid by a large offsite treatment facility shall
be three times the base facility rate.
(8) The fee to be paid by a disposal facility shall equal 10 times
the base facility rate.
(9) (A) The fee to be paid by a facility with a postclosure permit
shall be five thousand seven hundred twenty-five dollars ($5,725)
annually for a small facility, eleven thousand four hundred fifty
dollars ($11,450) annually for a medium facility, and seventeen
thousand one hundred seventy-five dollars ($17,175) for a large
facility during the first five years of the postclosure period. The
fee to be paid by a facility with a postclosure permit during the
remaining years of the postclosure care period shall be three
thousand fifty dollars ($3,050) annually for a small facility, six
thousand one hundred dollars ($6,100) annually for a medium facility,
and ten thousand three hundred dollars ($10,300) annually for a
large facility.
(B) The fees required by subparagraph (A) shall be reduced by 50
percent for any facility for which an agency, other than the
department, is the lead agency pursuant to paragraph (1) of
subdivision (b) of Section 25204.6.
(d) If a facility falls into more than one category listed in
either subdivision (c) or (e), or any combination thereof, or
multiple operations under a single hazardous waste facilities permit
or grant of interim status fall into more than one category listed in
subdivision (c) or (e), or any combination thereof, the facility
operator shall pay only the rate for the facility category which is
the highest rate.
(e) Notwithstanding subdivision (c), the facility fee for a
facility that has been issued a standardized permit shall be as
follows:
(1) The fee to be paid for a facility that has been issued a
Series A standardized permit shall be eleven thousand seven hundred
thirty dollars ($11,730).
(2) The fee to be paid for a facility that has been issued a
Series B standardized permit shall be five thousand four hundred
ninety-seven dollars ($5,497).
(3) Except as specified in paragraph (4), the fee to be paid for a
facility that has been issued a Series C standardized permit shall
be four thousand six hundred seventeen dollars ($4,617).
(4) The fee for a facility that has been issued a Series C
standardized permit is two thousand three hundred eight dollars
($2,308) if the facility meets all of the following conditions:
(A) The facility treats not more than 1,500 gallons of liquid
hazardous waste and not more than 3,000 pounds of solid hazardous
waste in any calendar month.
(B) The total facility storage capacity does not exceed 15,000
gallons of liquid hazardous waste and 30,000 pounds of solid
hazardous waste.
(C) If the facility both treats and stores hazardous waste, the
facility does not exceed the volume limitations specified in
subparagraphs (A) and (B) for each individual activity.
(f) The fee imposed pursuant to this section shall be paid in
accordance with Part 22 (commencing with Section 43001) of Division 2
of the Revenue and Taxation Code.
SEC. 25. Section 25205.5 of the Health and
Safety Code is amended to read:
25205.5. (a) In addition to the fee imposed pursuant to Section
25174.1, every generator of hazardous waste, in the amounts specified
in subdivision (c), shall pay the board a generator fee for each
generator site for each calendar year, or portion thereof, unless the
generator has paid a facility fee or received a credit, as specified
in Section 25205.2, for each specific site, for the calendar year
for which the generator fee is due.
(b) The base fee rate for the fee imposed pursuant to subdivision
(a) is two thousand seven hundred forty-eight dollars ($2,748).
(c) (1) Each generator who generates an amount equal to, or more
than, five tons, but less than 25 tons, of hazardous waste during the
prior calendar year shall pay 5 percent of the base rate.
(2) Each generator who generates an amount equal to, or more than,
25 tons, but less than 50 tons, of hazardous waste during the prior
calendar year shall pay 40 percent of the base rate.
(3) Each generator who generates an amount equal to, or more than,
50 tons, but less than 250 tons, of hazardous waste during the prior
calendar year shall pay the base rate.
(4) Each generator who generates an amount equal to, or more than,
250 tons, but less than 500 tons, of hazardous waste during the
prior calendar year shall pay five times the base rate.
(5) Each generator who generates an amount equal to, or more than,
500 tons, but less than 1,000 tons, of hazardous waste during the
prior calendar year shall pay 10 times the base rate.
(6) Each generator who generates an amount equal to, or more than,
1,000 tons, but less than 2,000 tons, of hazardous waste during the
prior calendar year shall pay 15 times the base rate.
(7) Each generator who generates an amount equal to, or more than,
2,000 tons of hazardous waste during the prior calendar year shall
pay 20 times the base rate.
(d) The base rate established pursuant to subdivision (b) was the
base rate for the 1997 calendar year and the board shall adjust the
base rate annually 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 by a
successor agency.
(e) The establishment of the annual operating fee pursuant to this
section is exempt from Chapter 3.5 (commencing with Section 11340)
of Part 1 of Division 3 of Title 2 of the Government Code.
(f) The following materials are not hazardous wastes for purposes
of this section:
(1) Hazardous materials which are recycled, and used onsite, and
are not transferred offsite.
(2) Aqueous waste treated in a treatment unit operating, or which
subsequently operates, pursuant to a permit-by-rule, or pursuant to
Section 25200.3 or 25201.5. However, hazardous waste generated by a
treatment unit treating waste pursuant to a permit-by-rule, by a unit
which subsequently obtains a permit-by-rule, or other authorization
pursuant to Section 25200.3 or 25201.5 is hazardous waste for
purposes of this section.
(g) The fee imposed pursuant to this section shall be paid in
accordance with Part 22 (commencing with Section 43001) of Division 2
of the Revenue and Taxation Code.
(h) (1) A generator who pays a hazardous waste generator
inspection fee to a certified unified program agency, which is
imposed as part of a single fee system and fee accountability program
that are both in compliance with the requirements of Section
25404.5, shall be eligible for a refund of all, or part of, the
generator fee paid pursuant to subdivision (a) if both of the
following conditions apply:
(A) The generator received a credit pursuant to Section 43152.7 or
43152.11 of the Revenue and Taxation Code for fees paid for
hazardous waste generated in 1996.
(B) The department certifies, pursuant to subdivision (b) of
Section 25205.9, that funds are available to pay all or part of the
refund.
(2) A generator who is eligible for a refund pursuant to paragraph
(1) shall submit an application for that refund to the board by
September 30 following the fiscal year during which the generator
paid the generator fee pursuant to subdivision (a). An application
for a refund postmarked after September 30 is void, shall not be
processed by the board, and shall be returned to the applicant.
(i) (1) A generator who transfers hazardous materials to an
offsite facility for recycling at that offsite facility or another
offsite facility shall be eligible for a refund of all, or part of,
the generator fee paid pursuant to subdivision (a) if all of the
following conditions apply:
(A) The offsite facility to which the hazardous materials are
manifested pays a facility fee pursuant to Section 25205.2.
(B) The amount of hazardous materials transferred to the offsite
facility and recycled there, when deducted from the total tonnage of
hazardous waste generated at the generator's site, results in the
generator becoming eligible for a generator fee that is lower than
the fee paid pursuant to subdivision (a).
(C) The hazardous materials transferred to the offsite facility
are not burned in a boiler, industrial furnace, or an incinerator, as
those terms are defined in Section 260.10 of Title 40 of the Code of
Federal Regulations, used in a manner constituting disposal, or used
to produce products that are applied to land.
(D) The department certifies, pursuant to subdivision (b) of
Section 25205.9, that funds are available to pay all or part of the
refund.
(2) A generator who is eligible for a refund pursuant to paragraph
(1) shall submit an application for that refund to the board by
September 30 following the fiscal year during which the generator
paid the generator fee pursuant to subdivision (a). An application
for a refund postmarked after September 30 is void, shall not be
processed by the board, and shall
be returned to the applicant.
(j) (1) The amendment of this section made by Chapter 1125 of the
Statutes of 1991 does not constitute a change in, but is declaratory
of, existing law.
(2) The amendment of subdivision (a) of this section made by
Chapter 259 of the Statutes of 1996 does not constitute a change in,
but is declaratory of, existing law.
(k) This section applies only to fees due for the 2013 and earlier
reporting periods, including the prepayments due during each
reporting period and the final reconciliation fee due and payable by
February 28 of the year following each reporting period.
(l) This section shall remain in effect only until January 1,
2014, and as of that date is repealed, unless a later enacted
statute, that is enacted before January 1, 2014, deletes or extends
that date.
SEC. 26. Section 25205.5 is added to the Health
and Safety Code, to read:
25205.5. (a) (1) Except as otherwise provided in this section,
each generator, as defined in subdivision (e) of Section 25205.1, of
hazardous waste that generates an amount equal to, or greater than,
five tons of hazardous waste shall pay the board for each generator
site for each calendar year, or portion of the calendar year, a
generation and handling fee of thirty-one dollars and fifty-two cents
($31.52) per ton of hazardous waste generated.
(2) A generator that is issued a hazardous waste facilities permit
from the department and that pays an annual facility fee, as
specified in Section 25205.2, may deduct, from the amount of
hazardous waste otherwise subject to this subdivision that is
generated per calendar year, the amount of hazardous waste that is
solely stored, bulked, or transferred through the location of the
permitted hazardous waste facility and that is in route to another
facility that is authorized to do any of the following:
(A) Manage the hazardous waste for reclamation and recovery,
including fuel blending prior to energy recovery at another site.
(B) Manage the hazardous waste through destruction methods or
treatment prior to disposal at another site.
(C) Manage the hazardous waste by any form of treatment.
(D) Dispose of the hazardous waste.
(b) Generators of more than five tons of hazardous waste in the
prior calendar year are subject to the prepayment due during each
reporting period and the final reconciliation fee due and payable by
February 28 of the year following each reporting period.
(c) Notwithstanding subdivision (a), a generator of used oil shall
pay a generation and handling fee of twenty-seven dollars and
eighty-six cents ($27.86) per ton of used oil generated.
(d) The base rates established pursuant to subdivisions (a) and
(c) are the rates for the 2014 reporting period and the board shall
adjust the base rates annually 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 by a successor agency.
(e) The following materials are not hazardous wastes for purposes
of this section:
(1) Hazardous materials that are recycled and used onsite, and
that are not transferred offsite.
(2) Aqueous waste treated in a treatment unit operating, or which
subsequently operates, pursuant to a permit-by-rule, or pursuant to
Section 25200.3 or 25201.5. However, hazardous waste generated by a
treatment unit treating waste pursuant to a permit-by-rule, by a unit
that subsequently obtains a permit-by-rule, or by other
authorization pursuant to Section 25200.3 or 25201.5 is hazardous
waste for purposes of this section.
(f) The fee imposed pursuant to this section shall be paid in
accordance with Part 22 (commencing with Section 43001) of Division 2
of the Revenue and Taxation Code.
(g) This section shall become operative on January 1, 2014, and
shall apply to the annual generation and handling fees due for the
2014 reporting period and thereafter. This includes the prepayments
due during the reporting period and the final reconciliation fee due
and payable by February 28 of the year following the reporting
period.
SEC. 27. Section 25205.5.1 of the Health and
Safety Code is amended to read:
25205.5.1. Notwithstanding Sections 25174.1 and 25205.5, the
department may adopt regulations exempting victims of disasters from
the hazardous waste disposal fee imposed pursuant to Section 25174.1
and the generator fee imposed pursuant to Section 25205.5. The
regulations may allow that exemption if all of the following apply:
(a) The hazardous waste is generated in a geographical area
identified in a state of emergency proclamation by the Governor
pursuant to Section 8625 of the Government Code because of fire,
flood, storm, earthquake, riot, or civil unrest.
(b) The hazardous waste is generated when property owned or
controlled by the victim is damaged or destroyed as a result of the
disaster.
(c) The hazardous waste is not hazardous waste that is routinely
produced as part of a manufacturing or commercial business or that is
managed by a hazardous waste facility or a facility operated by a
generator of hazardous waste who files a hazardous waste notification
statement with the department pursuant to subdivision (a) of Section
25158.
(d) The victim meets any other condition or limitation on
eligibility specified by the department.
(e) This section shall remain in effect only until January 1,
2014, and as of that date is repealed, unless a later enacted
statute, that is enacted before January 1, 2014, deletes or extends
that date.
SEC. 28. Section 25205.5.1 is added to the
Health and Safety Code, to read:
25205.5.1. Notwithstanding Section 25205.5, the department may
adopt regulations exempting victims of disasters from the generation
and handling fee imposed pursuant to Section 25205.5. The regulations
may allow that exemption if all of the following apply:
(a) The hazardous waste is generated in a geographical area
identified in a state of emergency proclamation by the Governor
pursuant to Section 8625 of the Government Code because of fire,
flood, storm, earthquake, riot, or civil unrest.
(b) The hazardous waste is generated when property owned or
controlled by the victim is damaged or destroyed as a result of the
disaster.
(c) The hazardous waste is not hazardous waste that is routinely
produced as part of a manufacturing or commercial business or that is
managed by a hazardous waste facility or a facility operated by a
generator of hazardous waste who files a hazardous waste notification
statement with the department pursuant to subdivision (a) of Section
25158.
(d) The victim meets any other condition or limitation on
eligibility specified by the department.
(e) This section shall become operative on January 1, 2014, and
shall apply to the fees due for the 2014 reporting period and
thereafter, including the prepayments due following the reporting
period and the final reconciliation fee due and payable following the
reporting period.
SEC. 29. Section 25205.5.2 is added to the
Health and Safety Code, to read:
25205.5.2. (a) The fees provided for in Section 25205.5 do not
apply to any of the following:
(1) Hazardous wastes that result when a government agency, or its
contractor, removes or remedies a release of hazardous waste in the
state caused by another person.
(2) Hazardous waste generated or disposed of by a public agency
operating a household hazardous waste collection facility in the
state pursuant to Article 10.8 (commencing with Section 25218),
including, but not limited to, hazardous waste received from
conditionally exempt small quantity commercial generators, authorized
pursuant to Section 25218.3.
(3) Hazardous waste generated by a local vector control agency
that has entered into a cooperative agreement pursuant to Section
116180 or by a county agricultural commissioner, if the hazardous
wastes result from the agency's or commissioner's control or
regulatory activities and if the agency or commissioner complies with
the requirements of this chapter and regulations adopted pursuant to
this chapter.
(4) Hazardous waste generated by any person, which is discovered
and separated from solid waste as part of a load checking program.
(5) Hazardous waste used oil generated by a used oil collection
center certified by the Department of Resources Recycling and
Recovery pursuant to Section 48660 of the Public Resources Code for
the collection of used oil from the public.
(b) Notwithstanding paragraph (1) of subdivision (a), any person
responsible for a release of hazardous waste, which has been removed
or remedied by a government agency, or its contractor, shall pay the
fee pursuant to Section 25205.5.
(c) Any person who acquires land for the sole purpose of
owner-occupied single-family residential use, and who acquires that
land without actual or constructive notice or knowledge that there is
a tank containing hazardous waste on or under that property, is
exempt from the fees imposed pursuant to Section 25205.5 in
connection with the removal of the tank.
(d) This section shall become operative on January 1, 2014, and
shall apply to the fees due for the 2014 reporting period and
thereafter, including the prepayments due during the reporting period
and the final reconciliation fee due and payable following the
reporting period.
SEC. 30. Section 25205.7 of the Health and
Safety Code is amended to read:
25205.7. (a) (1) A person who applies for, or requests, 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, including the costs of
reviewing and overseeing corrective action as set forth in
subdivision (b):
(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 agreement required pursuant to paragraph (1) shall provide
for at least 25 percent of the reimbursement to be made in advance
of the processing of the application or the response to the request.
(3) Any agreement entered into pursuant to this section shall, if
applicable, include costs of reviewing and overseeing corrective
action as set forth in subdivision (b).
(b) An applicant pursuant to paragraph (1) of subdivision (a)
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)
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, including any activities associated with
corrective action for any of the activities identified in subdivision
(a).
(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).
(d) Any reimbursements received pursuant to this section shall be
placed in the Hazardous Waste Control Account for appropriation in
accordance with Section 25174.
(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) 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.
(g) (1) This section applies to applications and requests
submitted to the department on or after July 1, 2013, and
applications and requests pending before the department as of July 1,
2013.
(2) For purposes of applying the provisions of 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 the 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 the act adding this subdivision in the
2013-14 Regular Session eliminating the flat fee option and revising
provisions requiring applicants to enter into a written reimbursement
agreement with the department is intended to apply both to future
and pending applications and modification requests in order to remedy
this inequity.
(3) For an application or request that is submitted to the
department prior to July 1, 2013, which remains pending as of that
date, the reimbursement agreement shall provide credit for any fee
previously paid to the department, minus the value of services
provided by the department prior to July 1, 2013, in conjunction with
that application or request pursuant to this section as it read
prior to January 1, 2013.
(4) Only time and resources expended by the department after July
1, 2013, on already pending permit applications and modification
requests will be the subject of the written reimbursement agreement
with the department.
SEC. 31. Section 25205.9 of the Health and
Safety Code is repealed.
SEC. 32. Section 25205.12 of the Health and
Safety Code is amended to read:
25205.12. (a) The owner of a hazardous waste facility authorized
to operate pursuant to a permit-by-rule, authorized under a grant of
conditional authorization pursuant to Section 25200.3, exempted
pursuant to subdivision (a) or (c) of Section 25201.5, or exempted
pursuant to Section 25144.6 or 25201.14 is exempt from the fee
specified in Section 25205.2 for any activities authorized by the
permit-by-rule, under a grant of conditional authorization pursuant
to Section 25200.3, exempted pursuant to subdivision (a) or (c) of
Section 25201.5, or exempted pursuant to Section 25144.6 or 25201.14
at that facility for any year or reporting period during which the
facility is operating.
(b) The operator of a hazardous waste facility authorized by the
department to clean and recycle excavated underground storage tanks
is exempt from the facility fee specified in Section 25205.2 with
regard to those activities conducted before January 1, 1994, and
those activities conducted after that date, until the effective date
of a regulation adopted by the department governing the statewide
requirements for the issuance of a permit for tank cleaning and
recycling facilities.
SEC. 33. Section 25205.14 of the Health and
Safety Code is amended to read:
25205.14. (a) Except as provided in Section 25404.5, the owner or
operator of a facility or transportable treatment unit operating
pursuant to a permit-by-rule shall pay a fee to the board per
facility or transportable treatment unit for each reporting period,
or portion of a reporting period. The fee for the 2013 reporting
period shall be one thousand four hundred fifty-seven dollars
($1,457). Thereafter, the fee shall be adjusted annually by the board
to reflect increases and decreases in the cost of living, as
measured by the Consumer Price Index issued by the Department of
Industrial Relations or a successor agency. The reporting period
shall begin January 1 of each calendar year. On or before January 31
of each calendar year, the department shall notify the board of all
known owners or operators operating pursuant to a permit-by-rule who
are not exempted from this fee pursuant to Section 25404.5. The
department shall also notify the board of any owner or operator
authorized to operate pursuant to a permit-by-rule, who is not
exempted from this fee pursuant to Section 25404.5, within 60 days
after the owner or operator is authorized.
(b) Except as provided in Section 25404.5, a generator operating
under a grant of conditional authorization pursuant to Section
25200.3 shall pay a fee to the board per facility for each reporting
period, or portion thereof, unless the generator is subject to a fee
under a permit-by-rule. The fee for the 2013 reporting period shall
be one thousand four hundred fifty-seven dollars ($1,457).
Thereafter, the fee shall be adjusted annually by the board to
reflect increases and 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. The
reporting period shall begin January 1 of each calendar year. On or
before January 31 of each calendar year, the department shall notify
the board of all known generators operating pursuant to a grant of
conditional authorization under Section 25200.3 who are not exempted
from this fee pursuant to Section 25404.5. The department shall also
notify the board of any generator authorized to operate under a grant
of conditional authorization, who is not exempted from this fee
pursuant to Section 25404.5, within 60 days of the receipt of
notification.
(c) Except as provided in Section 25404.5, a generator performing
treatment conditionally exempted pursuant to Section 25144.6 or
subdivision (a) or (c) of Section 25201.5 shall pay thirty-eight
dollars ($38) to the board per facility for each reporting period,
unless that generator is subject to a fee under a permit-by-rule or a
conditional authorization pursuant to Section 25200.3. The reporting
period shall begin January 1 of each calendar year. On or before
January 31 of each calendar year, the department shall notify the
board of all known facilities performing treatment conditionally
exempted by Section 25144.6 or subdivision (a) or (c) of Section
25201.5 who are not exempted from this fee pursuant to Section
25404.5. The department shall also notify the board of any generator
who notifies the department that the generator is conducting a
conditionally exempt treatment operation, and who is not exempted
from this fee pursuant to Section 25404.5, within 60 days of the
receipt of the notification.
(d) The fees imposed pursuant to this section shall be paid in
accordance with Part 22 (commencing with Section 43001) of Division 2
of the Revenue and Taxation Code.
SEC. 34. Section 25205.15 of the Health and
Safety Code is amended to read:
25205.15. (a) Except for the first four manifests used in a
calendar year by a business with less than 100 employees, and except
as provided in paragraph (2), in addition to any fees to cover
printing and distribution costs, the department shall impose a
manifest fee of seven dollars and fifty cents ($7.50) for each
California Hazardous Waste Manifest form or electronic equivalent
used after June 30, 1998, by any person, in the following manner:
(1) The department shall bill generators for each California
Uniform Hazardous Waste Manifest form, manifest number, or electronic
equivalent used after June 30, 1998. The billing frequency specified
by the department may range from monthly to annually, with the
payment by the generator required within 30 days from the date of
receipt of the billing, and shall be determined based on consultation
with the regulated community. In preparing the bills, the department
shall distinguish between manifests used solely for recycled
hazardous wastes and those used for nonrecycled hazardous wastes. In
determining the billing frequency, the department may take into
account each person's volume of manifest usage.
(2) (A) The manifest fee shall not be collected on the use of
California Hazardous Waste Recycling Manifests that are used solely
for hazardous wastes that are recycled.
(B) The manifest fee for each California Uniform Hazardous Waste
Manifest form used solely for hazardous waste derived from air
compliance solvents, shall be three dollars and fifty cents ($3.50)
This is in addition to any fees charged to cover printing and
distribution costs.
(3) The department shall implement a system for the use of
manifests that distinguishes among recycling manifests used solely
for hazardous wastes that are to be recycled, manifests used solely
to transport hazardous waste derived from air compliance solvents,
and general manifests that may be used for transporting waste for any
purpose.
(4) (A) If a person erroneously reports on a California Uniform
Hazardous Waste Manifest that the manifest is being used for the
transport of hazardous wastes that are being shipped for recycling or
for the transport of hazardous wastes derived from air compliance
solvents rather than the transport of other types of hazardous waste,
the person shall pay the seven dollars and fifty cents ($7.50)
manifest fee and an additional error correction fee of twenty dollars
($20) per manifest, as required pursuant to Section 25160.5.
(B) Notwithstanding subparagraph (A) the department shall provide
the manifest user with a reasonable opportunity to notify the
department of any incorrect use of the recycling manifest, as
described in subparagraph (A), and to provide the department with the
appropriate manifest fee payment without additional fines,
penalties, or payment of the error correction fee.
(5) The department may adopt regulations to implement and
administer the manifest fee system imposed pursuant to this
subdivision.
(b) For purposes of subdivision (a), a California Uniform
Hazardous Waste Manifest means either of the following:
(1) A manifest document printed and supplied by the state for a
shipment initiated on and before September 4, 2006.
(2) The Uniform Hazardous Waste Manifest printed by a source
registered with the United States Environmental
Protection Agency for a shipment
initiated on and after September 5, 2006, if the manifest originates
from a generator located in California, is received by the designated
facility located in California where the manifest is signed and
terminated, or is imported or exported through a point of entry or
exit in California.
(c) On and after July 1, 1999, commencing with 1999-2000 fiscal
year and annually thereafter, the department shall expend, upon
appropriation by the Legislature in the annual Budget Act, not less
than one million fifty thousand dollars ($1,050,000) from the
manifest fees, deposited in the Hazardous Waste Control Account, to
establish a program to encourage hazardous waste generators to
implement pollution prevention measures. The program shall be
administered pursuant to administrative and expenditure criteria to
be established by the Legislature.
(d) The manifest fees shall be deposited in the Hazardous Waste
Control Account and be available for expenditure, upon appropriation
by the Legislature.
(e) For purposes of this section, "air compliance solvent" means a
solvent, including aqueous solutions, that are required or approved
for use by regulations adopted by the State Air Resources Board, an
air pollution control district, or an air quality management
district, to meet air emission standards adopted by that board or
district and, pursuant to those regulations, is required to be used
instead of another solvent that was used and recycled prior to the
adoption of those regulations.
(f) This section shall apply only to fees due for the 2013 and
earlier reporting periods.
(g) This section shall remain in effect only until January 1,
2014, and as of that date is repealed, unless a later enacted
statute, that is enacted before January 1, 2014, deletes or extends
that date.
SEC. 35. Section 25205.16 of the Health and
Safety Code is amended to read:
25205.16. (a) (1) The department may impose an annual
verification fee upon all generators, transporters, and facility
operators with 50 or more employees that possess a valid
identification number issued either by the department or by the
Environmental Protection Agency. The fee charged shall be one hundred
fifty dollars ($150) for each generator, transporter, and facility
operator with 50 or more employees, but less than 75 employees; one
hundred seventy-five dollars ($175) for each generator, transporter,
and facility operator with 75 or more employees, but less than 100
employees; two hundred dollars ($200) for each generator,
transporter, and facility operator with 100 or more employees, but
less than 250 employees; two hundred twenty-five dollars ($225) for
each generator, transporter, and facility operator with 250 or more
employees, but less than 500 employees; two hundred fifty dollars
($250) for each generator, transporter, and facility operator with
500 or more employees. However, no generator, transporter, or
facility operator shall be assessed fees pursuant to this section
that exceed, in total, five thousand dollars ($5,000).
(2) The generator, transporter, or facility operator subject to
the fee shall submit payment of the fee within 30 days from the date
of receiving a notice of assessment from the department. The notice
shall be sent once during each fiscal year to each holder of a valid
identification number. The fee imposed by this section shall be
deposited in the Hazardous Waste Control Account and be available for
expenditure, upon appropriation by the Legislature. For purposes of
this section, "employee" shall have the same meaning set forth in
Section 25205.6.
(b) The department shall establish an identification number
certification system to biennially verify the accuracy of information
related to generators, transporters, and facilities authorized to
treat, store, or dispose of hazardous waste. However, if the number
of identification numbers issued since the previous certification
exceeds 20 percent of the active identification numbers, the
department may implement an annual certification. Each entity issued
an identification number shall provide or verify the information
specified in paragraphs (1) to (9), inclusive, when requested by the
department. The system shall include the provision or verification of
all of the following information:
(1) The name, mailing address, facsimile number, fictitious
business name, federal employer number, State Board of Equalization
identification number, SIC code, electronic mail address, if
available, and telephone number of the firm or organization engaged
in hazardous waste activities.
(2) The name, mailing address, facsimile number, and telephone
number of the owner of the firm or organization.
(3) The name, title, mailing address, facsimile number, and
telephone number of a contact person for the firm or organization.
(4) The identification number assigned to the firm or
organization.
(5) The site location address or description associated with the
firm or organization's identification number provided in paragraph
(4).
(6) The number of employees of the firm or organization.
(7) If the firm or organization is a generator, a statement of
whether the generator produces RCRA hazardous waste or non-RCRA
hazardous waste.
(8) An identification of any of the following hazardous waste
activities in which the firm or organization is engaged:
(A) Generation.
(B) Transportation.
(C) Onsite treatment, storage, or disposal.
(9) The waste codes associated with the four largest hazardous
waste streams, by volume, of the firm or organization. The federal
waste code shall be verified for RCRA hazardous waste and the
California waste code shall be verified for non-RCRA hazardous waste.
(c) Any generator, transporter, and facility operator who fails to
comply with this section, or who fails to provide information
required by the department to verify the accuracy of hazardous waste
activity data, shall be subject to suspension of any and all
identification numbers assigned to the generator, transporter, or
facility operator and to any other authorized enforcement action.
(d) This section shall apply only to fees due for the 2013 and
earlier reporting periods.
(e) This section shall remain in effect only until January 1,
2014, and as of that date is repealed, unless a later enacted
statute, that is enacted before January 1, 2014, deletes or extends
that date.
SEC. 36. Section 25205.16 is added to the
Health and Safety Code, to read:
25205.16. (a) The department shall establish an identification
number certification system to annually verify the accuracy of
information related to generators, transporters, and facilities
authorized to treat, store, or dispose of hazardous waste. Each
entity issued an identification number shall provide or verify the
information specified in paragraphs (1) to (9), inclusive, when
requested by the department. The system shall include the provision
or verification of all of the following information:
(1) The name, mailing address, facsimile number, fictitious
business name, federal employer number, State Board of Equalization
identification number, SIC code, electronic mail address, if
available, and telephone number of the firm or organization engaged
in hazardous waste activities.
(2) The name, mailing address, facsimile number, and telephone
number of the owner of the firm or organization.
(3) The name, title, mailing address, facsimile number, and
telephone number of a contact person for the firm or organization.
(4) The identification number assigned to the firm or
organization.
(5) The site location address or description associated with the
firm or organization's identification number provided in paragraph
(4).
(6) The number of employees of the firm or organization.
(7) If the firm or organization is a generator, a statement of
whether the generator produces RCRA hazardous waste or non-RCRA
hazardous waste.
(8) An identification of any of the following hazardous waste
activities in which the firm or organization is engaged:
(A) Generation.
(B) Transportation.
(C) Onsite treatment, storage, or disposal.
(9) The waste codes associated with the four largest hazardous
waste streams, by volume, of the firm or organization. The federal
waste code shall be verified for RCRA hazardous waste and the
California waste code shall be verified for non-RCRA hazardous waste.
(b) Any generator, transporter, and facility operator who fails to
comply with this section, or who fails to provide information
required by the department to verify the accuracy of hazardous waste
activity data, shall be subject to suspension of any and all
identification numbers assigned to the generator, transporter, or
facility operator and to any other authorized enforcement action.
(c) This section shall become operative on January 1, 2014, and
shall apply to the fees due for the 2014 reporting period and
thereafter, including the prepayments due following the reporting
period and the final reconciliation fee due and payable following the
reporting period.
SEC. 37. 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 that 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 higher
fee.
(c) The department may require the facility to submit an
application to modify its permit to provide for an allowable
capacity.
(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.
(e) This section shall have no bearing on the imposition of the
annual postclosure facility fee.
SEC. 38. 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 that 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 fee shall be
effective the reporting period following the one in which the
modification becomes effective.
(c) 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.
(d) A permit or interim status document may set forth more than
one facility type or size. In accordance with subdivision (d) of
Section 25205.4, the facility shall be subject only to the highest
applicable fee.
SEC. 39. Section 25205.20 of the Health and
Safety Code is repealed.
SEC. 40. Section 25205.21 of the Health and
Safety Code is amended to read:
25205.21. (a) Notwithstanding Section 25205.4, a disposal
facility operator that is a government agency shall be subject to a
maximum facility fee pursuant to Section 25205.2 of ten thousand
dollars ($10,000) for any reporting period of 12 months and five
thousand dollars ($5,000) for any reporting period of six months, for
that disposal facility for any reporting period in which it did not
at any time dispose of hazardous waste therein. This section shall
apply to all reporting periods since the inception of the facility
fee.
(b) This section shall not affect the imposition of the annual
postclosure facility fee pursuant to Section 25205.2.
SEC. 41. Section 25205.22 of the Health and
Safety Code is amended to read:
25205.22. (a) Prior to January 1, 1996, any person transporting,
importing, or receiving non-RCRA hazardous waste imported into this
state for purposes of treatment, recycling, or disposal shall be
considered the generator of that waste and the facility shall be
considered the site of generation for purposes of payment of the
generator fee pursuant to Section 25205.5, and the facility operator
shall pay the applicable generator fee even if the operator has also
paid a facility fee, but no generator fee shall be assessed for
non-RCRA hazardous waste imported prior to January 1, 1994.
(b) Notwithstanding subdivision (c), any fees due pursuant to this
chapter for calendar year 1995 and which are due and payable in
calendar year 1996 shall be paid in 1996 in accordance with Section
43152.7 of the Revenue and Taxation Code.
(c) On and after January 1, 1996, any person transporting,
importing, or receiving non-RCRA hazardous waste imported into this
state for purposes of treatment, recycling, or disposal shall be
exempt from the payment of the generator fee imposed pursuant to
Section 25205.5 and the generator surcharge imposed pursuant to
Section 25205.9.
(d) This section applies only to fees due for the 2013 and earlier
reporting periods, including the prepayments due during each
reporting period and the final reconciliation fee due and payable by
February 28 of the year following each reporting period.
(e) This section shall remain in effect only until January 1,
2014, and as of that date is repealed, unless a later enacted
statute, that is enacted before January 1, 2014, deletes or extends
that date.
SEC. 42. Section 25205.22 is added to the
Health and Safety Code, to read:
25205.22. (a) On and after January 1, 2014, for hazardous waste
imported into this state for purposes of treatment, recycling, or
disposal, the operator of the facility receiving the imported
hazardous waste shall pay the applicable generation and handling fee.
(b) This section shall initially apply to the annual generation
and handling fees due for the 2014 reporting period. This includes
the prepayments due during the reporting period and the final
reconciliation fee due and payable by February 28 of the year
following the reporting period.
(c) This section shall become operative on January 1, 2014.
SEC. 43. Section 25207.12 of the Health and
Safety Code is amended to read:
25207.12. (a) Any eligible participant who submits banned,
unregistered, or outdated agricultural wastes for collection in a
program established pursuant to this article is exempt from the fees
and reimbursements required by Sections 25174.1, 25205.2, 25205.5,
and 25205.7, with regard to the wastes submitted for collection.
(b) An eligible participant who submits banned, unregistered, or
outdated agricultural wastes for collection is exempt from the
hazardous waste facilities permit requirements of Section 25201 with
regard to the management of the wastes submitted for collection.
(c) A county operating a collection program in compliance with
this article shall not be held liable in any cost recovery action
brought pursuant to Section 25360 for any hazardous waste which has
been properly handled and transported to an authorized hazardous
waste treatment or disposal facility, in compliance with this
chapter, at a location other than that of the collection program.
(d) This section shall remain in effect only until January 1,
2014, and as of that date is repealed, unless a later enacted
statute, that is enacted before January 1, 2014, deletes or extends
that date.
SEC. 44. Section 25207.12 is added to the
Health and Safety Code, to read:
25207.12. (a) Any eligible participant who submits banned,
unregistered, or outdated agricultural wastes for collection in a
program established pursuant to this article is exempt from the fees
and reimbursements required by Sections 25205.2, 25205.5, and
25205.7, with regard to the wastes submitted for collection.
(b) An eligible participant who submits banned, unregistered, or
outdated agricultural wastes for collection is exempt from the
hazardous waste facilities permit requirements of Section 25201 with
regard to the management of the wastes submitted for collection.
(c) A county operating a collection program in compliance with
this article shall not be held liable in any cost recovery action
brought pursuant to Section 25360 for any hazardous waste that has
been properly handled and transported to an authorized hazardous
waste treatment or disposal facility, in compliance with this
chapter, at a location other than that of the collection program.
(d) This section shall become operative on January 1, 2014, and
shall apply to the fees due for the 2014 reporting period and
thereafter, including the prepayments due following the reporting
period and the final reconciliation fee due and payable following the
reporting period.
SEC. 45. 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, 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 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. 46. Section 25250.24 of the Health and
Safety Code is amended to read:
25250.24. (a) Except as provided in subdivision (b), any person
who generates, receives, stores, transfers, transports, treats, or
recycles used oil, unless specifically exempted or unless the used
oil is not regulated by the department pursuant to subdivision (b) of
Section 25250.1, shall comply with all provisions of this chapter.
(b) Used oil which is removed from a motor vehicle and which is
subsequently recycled, by a recycler who is permitted pursuant to
this article, shall not be included in the calculation of the amount
of hazardous waste generated for purposes of the generator fee
imposed pursuant to Section 25205.5.
(c) This section shall remain in effect only until January 1,
2014, and as of that date is repealed, unless a later enacted
statute, that is enacted before January 1, 2014, deletes or extends
that date.
SEC. 47. Section 25250.24 is added to the
Health and Safety Code, to read:
25250.24. (a) A person who generates, receives, stores,
transfers, transports, treats, or recycles used oil, unless
specifically exempted or unless the used oil is not regulated by the
department pursuant to subdivision (b) of Section 25250.1, shall
comply with all provisions of this chapter.
(b) This section shall become operative on January 1, 2014, and
shall apply to the fees due for the 2014 reporting period and
thereafter, including the prepayments due following the reporting
period and the final reconciliation fee due and payable following the
reporting period.
SEC. 48. SEC. 7. Section 44299.91 of
the Health and Safety Code is amended to read:
44299.91. Of the funds appropriated pursuant to Item
3900-001-6053 of Section 2.00 of the Budget Act of 2007, the State
Air Resources Board shall allocate the funds in accordance with all
of the following:
(a) All schoolbuses in operation in the state of model year 1976
or earlier shall be replaced.
(b) (1) The funds remaining after the allocation made pursuant to
subdivision (a) shall be apportioned to local air quality management
districts and air pollution control districts based on the number of
schoolbuses of model years 1977 to 1986, inclusive, that are in
operation within each district.
(2) Each district shall determine the percentage of its allocation
to spend between replacement of schoolbuses of model years 1977 to
1986, inclusive, and retrofit of schoolbuses of any model year. Of
the funds spent by a district for replacement of schoolbuses pursuant
to this paragraph, a district shall replace the oldest schoolbuses
of model years 1977 to 1986, inclusive, within the district. Of the
funds spent by a district for retrofit of schoolbuses pursuant to
this paragraph, a district shall retrofit the most polluting
schoolbuses within the district.
(c) All schoolbuses replaced pursuant to this section shall be
scrapped.
(d) These funds shall be administered by either the California
Energy Commission or the local air district.
(e) If a local air district's funds, including accrued interest,
are not committed by an executed contract as reported to the State
Air Resources Board on or before June 30, 2012, then those funds
shall be transferred, on or before January 1, 2013, to another local
air district that demonstrates an ability to expend the funds by
January 1, 2014. In implementing this section, the State Air
Resources Board in consultation with the local air districts shall,
by September 30, 2012, establish a list of potential recipient local
air districts, prioritizing local air districts with the most
polluting school buses and the greatest need for school bus funding.
(f) Each allocation made pursuant to this section to a local air
district shall provide enough funding for at least one project to be
implemented pursuant to the Lower-Emission School Bus Program adopted
by the State Air Resources Board. In the event a local air district
has unspent funds as of January 1, 2014, the local air district shall
work with the State Air Resources Board to transfer the unspent
funds to an alternative local air district with existing demand.
(g) Funds made available pursuant to this chapter to a local air
district shall be expended by June 30, 2014.
(h) All funds not expended by a local air district by June 30,
2014, shall be returned to the State Air Resources Board.
(i) Funds authorized by the State Air Resources Board during or
subsequent to the 2013-14 fiscal year shall be allocated to local air
districts by prioritizing to retrofit or replace the most polluting
schoolbuses in small local air districts first and then medium local
air districts as defined by the State Air Resources Board. Each
allocation shall provide sufficient funding for at least one project
to be implemented pursuant to the Lower-Emission School Bus Program
adopted by the State Air Resources Board. If a local air district has
unspent funds within six months of the expenditure deadline, the
local air district shall work with the State Air Resources Board to
transfer those funds to an alternative local air district with
existing demand.
SEC. 49. SEC. 8. Section 12211 of
the Public Contract Code is amended to read:
12211. (a) (1) Except as provided in paragraph (2), a state
agency shall report annually to the board its progress in meeting the
recycled product purchasing requirements using the SABRC report
format provided by the Department of Resources Recycling and
Recovery.
(2) The reporting requirement in paragraph (1) does not apply to
the Department of Forestry and Fire Protection.
(b) On or before October 31 of each year, the department shall
provide to the Department of Resources Recycling and Recovery the
following information:
(1) A list, by category, of individual reportable recycled
products, materials, goods, and supplies that were available for
purchase by state agencies from a statewide-use contract, agreement,
or schedule during the previous fiscal year.
(2) A list, by category, of all reportable products, materials,
goods, and supplies that were available for purchase by state
agencies from a statewide-use contract, agreement, or schedule,
including contract, agreement, or schedule tracking numbers, during
the previous fiscal year.
SEC. 50. SEC. 9. Section 4124 of the
Public Resources Code is repealed.
SEC. 51. SEC. 10. Section 4515 of
the Public Resources Code is repealed.
SEC. 52. SEC. 11. Section 4785 of
the Public Resources Code is amended to read:
4785. The department shall from time to time prepare reports
setting forth data as to experiments conducted and the department's
findings and conclusions with reference to those experiments and
submit these reports to the board for its guidance and assistance in
determining the policy to be followed by the board with reference to
range and forage lands.
SEC. 53. SEC. 12. Section 5018.1 of
the Public Resources Code is amended to read:
5018.1. (a) Notwithstanding any other law, the Department of
Finance may delegate to the department the right to exercise the same
authority granted to the Division of the State Architect and the
Real Estate Services Division in the Department of General Services,
to plan, design, construct, and administer contracts and professional
services for legislatively approved capital outlay projects.
(b) Any right afforded to the department pursuant to subdivision
(a) to exercise project planning, design, construction, and
administration of contracts and professional services may be revoked,
in whole or in part, by the Department of Finance at any time prior
to January 1, 2019.
(c) This section shall remain in effect only until January 1,
2019, and as of that date is repealed, unless a later enacted
statute, that is enacted before January 1, 2019, deletes or extends
that date.
SEC. 54. SEC. 13. Section 5080.18 of
the Public Resources Code is amended to read:
5080.18. All concession contracts entered into pursuant to this
article shall contain, but are not limited to, all of the following
provisions:
(a) (1) The maximum term shall be 10 years, except that a term of
more than 10 years may be provided if the director determines that
the longer term is necessary to allow the concessionaire to amortize
improvements made by the concessionaire, to facilitate the full
utilization of a structure that is scheduled by the department for
replacement or redevelopment, or to serve the best interests of the
state. The term shall not exceed 20 years without specific
authorization by statute.
(2) The maximum term shall be 50 years if the concession contract
is for the construction, development, and operation of multiple-unit
lodging facilities equipped with full amenities, including plumbing
and electrical, that is anticipated to exceed an initial cost of one
million five hundred thousand dollars ($1,500,000) in capital
improvements in order to begin operation. The term for a concession
contract described in this paragraph shall not exceed 50 years
without specific authorization by statute.
(3) Notwithstanding paragraph (1), a concession agreement at Will
Rogers State Beach executed prior to December 31, 1997, including,
but not limited to, an agreement signed pursuant to Section 25907 of
the Government Code, may be extended to exceed 20 years in total
length without specific authorization by statute, upon approval by
the director and pursuant to a determination by the director that the
longer term is necessary to allow the concessionaire to amortize
improvements made by the concessionaire that are anticipated to
exceed one million five hundred thousand dollars ($1,500,000) in
capital improvements. Any extensions granted pursuant to this
paragraph shall not be for more than 15 years.
(b) Every concessionaire shall submit to the department all sales
and use tax returns.
(c) Every concession shall be subject to audit by the department.
(d) A performance bond shall be obtained and maintained by the
concessionaire. In lieu of a bond, the concessionaire may substitute
a deposit of funds acceptable to the department. Interest on the
deposit shall accrue to the concessionaire.
(e) The concessionaire shall obtain and maintain in force at all
times a policy of liability insurance in an amount adequate for the
nature and extent of public usage of the concession and naming the
state as an additional insured.
(f) Any discrimination by the concessionaire or his or her agents
or employees against any person because of the marital status or
ancestry of that person or any characteristic listed or defined in
Section 11135 of the Government Code is prohibited.
(g) To be effective, any modification of the concession contract
shall be evidenced in writing.
(h) Whenever a concession contract is terminated for substantial
breach, there shall be no obligation on the part of the state to
purchase any improvements made by the concessionaire.
SEC. 55. SEC. 14. Section 5096.650
of the Public Resources Code is amended to read:
5096.650. The one billion two hundred seventy-five million
dollars ($1,275,000,000) allocated pursuant to subdivision (c) of
Section 5096.610 shall be available for the acquisition and
development of land, air, and water resources in accordance with the
following schedule:
(a) Notwithstanding Section 13340 of the Government Code, the sum
of three hundred million dollars ($300,000,000) is continuously
appropriated to the Wildlife Conservation Board for the acquisition,
development, rehabilitation, restoration, and protection of habitat
that promotes the recovery of threatened and endangered species, that
provides corridors linking separate habitat areas to prevent habitat
fragmentation, and that protects significant natural landscapes and
ecosystems such as old growth redwoods and oak woodlands and other
significant habitat areas; and for grants and related state
administrative costs pursuant to the Wildlife Conservation Law of
1947 (Chapter 4 (commencing with Section 1300) of Division 2 of the
Fish and Game Code). Funds scheduled in this subdivision may be used
to prepare management plans for properties acquired in fee by the
Wildlife Conservation Board.
(b) The sum of four hundred forty-five million dollars
($445,000,000) to the conservancies in accordance with the particular
provisions of the statute creating each conservancy for the
acquisition, development, rehabilitation, restoration, and protection
of land and water resources; for grants and state administrative
costs; and in accordance with the following schedule:
(1) To the State Coastal $200,000,000
Conservancy ....................
(2) To the California Tahoe $ 40,000,000
Conservancy ....................
(3) To the Santa Monica Mountains $ 40,000,000
Conservancy ....................
(4) To the Coachella Valley $ 20,000,000
Mountains Conservancy ..........
(5) To the San Joaquin River $ 25,000,000
Conservancy ....................
To the San Gabriel and Lower
(6) Los Angeles Rivers $ 40,000,000
and Mountains Conservancy ......
(7) To the Baldwin Hills $ 40,000,000
Conservancy ....................
To the San Francisco Bay Area
(8) Conservancy $ 40,000,000
Program ........................
(c) The sum of three hundred seventy-five million dollars
($375,000,000) shall be available for grants to public agencies and
nonprofit organizations for acquisition, development, restoration,
and associated planning, permitting, and administrative costs for the
protection and restoration of water resources in accordance with the
following schedule:
(1) The sum of seventy-five million dollars ($75,000,000) to the
secretary for the acquisition and development of river parkways and
for protecting urban streams. The secretary shall make funds
available in accordance with Sections 7048 and 78682.2 of the Water
Code, and pursuant to any other applicable statutory authorization.
Not less than five million dollars ($5,000,000) shall be available
for grants for the urban streams program, pursuant to Section 7048 of
the Water Code.
(2) The sum of three hundred million dollars ($300,000,000) shall
be available for the purposes of clean beaches, watershed protection,
and water quality projects to protect beaches, coastal waters,
rivers, lakes, and streams from contaminants, pollution, and other
environmental threats.
(d) (1) The sum of fifty million dollars ($50,000,000) to the
State Air Resources Board for grants to air districts pursuant to
Chapter 9 (commencing with Section 44275) of Part 5 of Division 26 of
the Health and Safety Code for projects that reduce air pollution
that affects air quality in state and local park and recreation
areas. Eligible projects shall meet the requirements of Section 16727
of the Government Code and shall be consistent with Section 43023.5
of the Health and Safety Code, if Assembly Bill 1390 of the 2001-02
Regular Session of the Legislature is enacted on or before January 1,
2003. Each air district shall be eligible for grants of not less
than two hundred thousand dollars ($200,000). Not more than 5 percent
of the funds allocated to an air district may be used to cover the
costs associated with implementing the grant program.
(2) Allocations of funds pursuant to this subdivision to the
Lower-Emission School Bus Program shall be prioritized to retrofit or
replace the most polluting schoolbuses in small air districts first
and then to medium air districts as defined by the State Air
Resources Board. Each allocation for this purpose shall provide
enough funding for at least one project to be implemented pursuant to
the Lower-Emission School Bus Program adopted by the State Air
Resources Board. If a local air district has unspent funds within six
months of the expenditure deadline, the air district shall work with
the State Air Resources Board to transfer funds to an alternative
air district with existing demand.
(e) The sum of twenty million dollars ($20,000,000) to the
California Conservation Corps for the acquisition, development,
restoration, and rehabilitation of land and water resources, and for
grants and state administrative costs in accordance with the
following schedule:
(1) The sum of five million dollars ($5,000,000) shall be
available for resource conservation activities.
(2) The sum of fifteen million dollars ($15,000,000) shall be
available for grants to local conservation corps for acquisition and
development of facilities to support local conservation corps
programs.
(f) The sum of seventy-five million dollars ($75,000,000) shall be
available for grants for the preservation of agricultural lands and
grazing lands, including oak woodlands and grasslands.
(g) The sum of ten million dollars ($10,000,000) to the Department
of Forestry and Fire Protection for grants for urban forestry
programs pursuant to the California Urban Forestry Act of 1978
(Chapter 2 (commencing with Section 4799.06) of Part 2.5 of Division
1).
SEC. 56. SEC. 15. Section 14538 of
the Public Resources Code is amended to read:
14538. (a) (1) The department shall certify the operators of
recycling centers pursuant to this section.
(2) The department shall review whether an application for
certification or renewal is complete within 30 working days of
receipt, including compliance with subdivision (c). If the department
deems an application complete, the department shall approve or deny
the application no later than 60 calendar days after the date when
the application was deemed complete.
(b) The director shall adopt, by regulation, a procedure for the
certification of recycling centers, including standards and
requirements for certification. These regulations shall require that
all information be submitted to the department under penalty of
perjury. A recycling center shall meet all of the standards and
requirements contained in the regulations for certification. The
regulations shall require, but shall not be limited to requiring,
that all of the following conditions be met for certification:
(1) The operator of the recycling center demonstrates, to the
satisfaction of the department, that the operator will operate in
accordance with this division.
(2) If one or more certified entities have operated at the same
location within the past five years, the operations at the location
of the recycling center exhibit, to the satisfaction of the
department, a pattern of operation in compliance with the
requirements of this division and regulations adopted pursuant to
this division.
(3) The operator of the recycling center notifies the department
promptly of any material change in the nature of his or her
operations which conflicts with information submitted in the operator'
s application for certification.
(c) (1) On and after January 1, 2014, an applicant for
certification as a recycling center, and a recycling center applying
for renewal of a certification, shall complete the precertification
training program required by this subdivision and meet all other
qualification requirements prescribed by the department, which may
include, but are not limited to, requiring the applicant to obtain a
passing score on an examination administered by the department.
(2) The department may use staff or industry experts, or may seek
expertise available in other state agencies, to provide the training
program required by this subdivision, which shall include providing
technical assistance to better prepare recycling centers for
successful participation in this division, thereby reducing the
potential for errors, fraud, or other activities that compromise the
integrity of the implementation of this division.
(d) A certified recycling center shall comply with all of the
following requirements for operation:
(1) The operator of the recycling center shall not pay a refund
value for, or receive a refund value from any processor for, any food
or drink packaging material or any beverage container or other
product that does not have a refund value established pursuant to
Section 14560.
(2) The operator of a recycling center shall take those actions
that satisfy the department to prevent the payment of a refund value
for any food or drink packaging material or any beverage container or
other product that does not have a refund value established pursuant
to Section 14560.
(3) Unless exempted pursuant to subdivision (b) of Section 14572,
a certified recycling center shall accept, and pay at least the
refund value for, all empty beverage containers, regardless of type.
(4) A certified recycling center shall not pay any refund values,
processing payments, or administrative fees to a noncertified
recycler.
(5) A certified recycling center shall not pay any refund values,
processing payments, or administrative fees on empty beverage
containers or other containers that the certified recycling center
knew, or should have known, were coming into the state from out of
the state.
(6) A certified recycling center shall not claim refund values,
processing payments, or administrative fees on empty beverage
containers that the certified recycling center knew, or should have
known, were received from noncertified recyclers or on beverage
containers that the certified recycling center knew, or should have
known, come from out of the state.
(7) A certified recycling center shall prepare and maintain the
following documents involving empty beverage containers, as specified
by the department by regulation:
(A) Shipping reports that are required to be prepared by the
recycling center, or that are required to be obtained from other
recycling centers.
(B) Consumer transaction receipts.
(C) Consumer transaction logs.
(D) Rejected container receipts on materials subject to this
division.
(E) Receipts for transactions with beverage manufacturers on
materials subject to this division.
(F) Receipts for transactions with beverage distributors on
materials subject to this division.
(G) Documents authorizing the recycling center to cancel empty
beverage containers.
(H) Weight tickets.
(8) In addition to the requirements of paragraph (7), a certified
recycling center shall cooperate with the department and make
available its records of scrap transactions when the review of these
records is necessary for an audit or investigation by the department.
(e) The department may recover, in restitution pursuant to
paragraph (5) of subdivision (c) of Section 14591.2, payments made
from the fund to the certified recycling center pursuant to Section
14573.5 that are based on the documents specified in paragraph (7),
that are not prepared or maintained in compliance with the department'
s regulations, and that do not allow the department to verify claims
for program payments.
(f) The department may certify a recycling center that will
operate less than 30 hours a week, as specified in paragraph (2) of
subdivision (b) of Section 14571.
SEC. 57. SEC. 16. Section 14539 of
the Public Resources Code is amended to read:
14539. (a) (1) The department shall certify processors pursuant
to this section.
(2) The department shall review whether an application for
certification or renewal is complete within 30 working days of
receipt, including compliance with subdivision (c). If the department
deems an application complete, the department shall approve or deny
the application no later than 60 calendar days after the date when
the application was deemed complete.
(b) The director shall adopt, by regulation, requirements and
standards for certification. The regulations shall require, but shall
not be limited to requiring, that all of the following conditions be
met for certification:
(1) The processor demonstrates to the satisfaction of the
department that the processor will operate in accordance with this
division.
(2) If one or more certified entities have operated at the same
location within the past five years, the operations at the location
of the processor exhibit, to the satisfaction of the department, a
pattern of operation in compliance with the requirements of this
division and regulations adopted pursuant to this division.
(3) The processor notifies the department promptly of any material
change in the nature of the processor's operations that conflicts
with the information submitted in the operator's application for
certification.
(c) (1) On and after January 1, 2014, an applicant for
certification as a processor and a processor applying for renewal of
a certification shall complete the precertification training program
required by this subdivision and meet all other qualification
requirements prescribed by the department, which may include, but are
not limited to, requiring the applicant to obtain a passing score on
an examination administered by the department.
(2) The department may use staff or industry experts, or may seek
expertise available in other state agencies, to provide the training
program required by this subdivision, which shall include providing
technical assistance to better prepare processors for successful
participation in this division, thereby reducing the potential for
errors, fraud, or other activities which compromise the integrity of
the implementation of this division.
(d) A certified processor shall comply with all of the following
requirements for operation:
(1) The processor shall not pay a refund value for, or receive a
refund value from the department for, any food or drink packaging
material or any beverage container
or other product that does not have a refund value
established pursuant to Section 14560.
(2) The processor shall take those actions that satisfy the
department to prevent the payment of a refund value for any food or
drink packaging material or any beverage container or other product
that does not have a refund value established pursuant to Section
14560.
(3) Unless exempted pursuant to subdivision (b) of Section 14572,
the processor shall accept, and pay at least the refund value for,
all empty beverage containers, regardless of type, for which the
processor is certified.
(4) A processor shall not pay any refund values, processing
payments, or administrative fees to a noncertified recycler. A
processor may pay refund values, processing payments, or
administrative fees to any entity that is identified by the
department on its list of certified recycling centers.
(5) A processor shall not pay any refund values, processing
payments, or administrative fees on empty beverage containers or
other containers that the processor knew, or should have known, were
coming into the state from out of the state.
(6) A processor shall not claim refund values, processing
payments, or administrative fees on empty beverage containers that
the processor knew, or should have known, were received from
noncertified recyclers or on beverage containers that the processor
knew, or should have known, come from out of the state. A processor
may claim refund values, processing payments, or administrative fees
on any empty beverage container that does not come from out of the
state and that is received from any entity that is identified by the
department on its list of certified recycling centers.
(7) A processor shall take the actions necessary and approved by
the department to cancel containers to render them unfit for
redemption.
(8) A processor shall prepare or maintain the following documents
involving empty beverage containers, as specified by the department
by regulation:
(A) Shipping reports that are required to be prepared by the
processor or that are required to be obtained from recycling centers.
(B) Processor invoice reports.
(C) Cancellation verification documents.
(D) Documents authorizing recycling centers to cancel empty
beverage containers.
(E) Processor-to-processor transaction receipts.
(F) Rejected container receipts on materials subject to this
division.
(G) Receipts for transactions with beverage manufacturers on
materials subject to this division.
(H) Receipts for transactions with distributors on materials
subject to this division.
(I) Weight tickets.
(9) In addition to the requirements of paragraph (7), a processor
shall cooperate with the department and make available its records of
scrap transactions when the review of these records is necessary for
an audit or investigation by the department.
(e) The department may recover, in restitution pursuant to
paragraph (5) of subdivision (c) of Section 14591.2, any payments
made by the department to the processor pursuant to Section 14573
that are based on the documents specified in paragraph (8) of
subdivision (b) of this section, that are not prepared or maintained
in compliance with the department's regulations, and that do not
allow the department to verify claims for program payments.
SEC. 58. SEC. 17. Section 14549.5 of
the Public Resources Code is amended to read:
14549.5. On or before April 1, 2004, and annually thereafter, or
more frequently as determined to be necessary by the department, the
department shall review and, if necessary in order to ensure payment
of the most accurate commingled rate feasible, recalculate commingled
rates paid for beverage containers and postfilled containers paid to
curbside recycling programs and collection programs. Prior to
recalculating a commingled rate pursuant to this section, the
department shall do all of the following:
(a) Consult with private and public operators of curbside
recycling programs and collection programs concerning the size of the
statewide sample, appropriate sampling methodologies, and
alternatives to exclusive reliance on a statewide commingled rate.
(b) At least 60 days prior to the effective date of any new
commingled rate, hold a public hearing, after giving notice, to make
available to the public and affected parties the department's review
and any proposed recalculations of the commingled rate.
(c) At least 60 days prior to the effective date of any new
commingled rate, and upon the request of any party, make available
documentation or studies which were prepared as part of the
department's review of a commingled rate.
(d) (1) Notwithstanding this division, the department may
calculate a curbside recycling program commingled rate pursuant to
this subdivision for bimetal containers and a combined commingled
rate for all plastic beverage containers displaying the resin
identification code "3," "4," "5," "6," or "7" pursuant to Section
18015.
(2) The department may enter into a contract for the services
required to implement the amendments to this section made by Chapter
753 of the Statutes of 2003. The department may not expend more than
two hundred fifty thousand dollars ($250,000) for each year of the
contract. The contract shall be paid only from revenues derived from
redemption payments and processing fees paid on plastic beverage
containers displaying the resin identification code "3," "4," "5,"
"6," or "7" pursuant to Section 18015. If the department determines
that insufficient funds will be available from these revenues, after
refund values are paid to processors and the reduction is made in the
processing fee pursuant to subdivision (e) of Section 14575 for
these containers, the department may determine not to calculate a
commingled rate pursuant to this subdivision.
SEC. 59. SEC. 18. Section 14553 of
the Public Resources Code is amended to read:
14553. (a) Except as provided in subdivision (b), all reports,
claims, and other information required pursuant to this division and
submitted to the department shall be complete, legible, and accurate,
as determined by the department by regulation, and shall be signed,
by an officer, director, managing employee, or owner of the certified
recycling center, processor, distributor, beverage manufacturer,
container manufacturer, or other entity.
(b) Notwithstanding subdivision (a), a person submitting the
reports, claims, and other information specified in subdivision (a)
shall use the Division of Recycling Integrated Information System
(DORIIS) or other system designated by the department for reporting,
making, or claiming payments, or providing other information required
pursuant to this division.
(c) The department may inspect the operations, processes, and
records of an entity required to submit a report to the department
pursuant to this division to determine the accuracy of the report and
compliance with the requirements of this division.
(d) (1) A violation of this section is subject to the penalties
specified in Section 14591.1.
(2) The department may take an enforcement action against a
certified recycling center or processor that fails to comply with
this section, including, but not limited to, imposing penalties,
denying claims for payment, or terminating the certification of the
certified recycling center or processor.
SEC. 60. SEC. 19. Section 14572 of
the Public Resources Code is amended to read:
14572. (a) (1) Except as provided in subdivision (b), a certified
recycling center shall accept from any consumer or dropoff or
collection program any empty beverage container, and shall pay to the
consumer or dropoff or collection program the refund value of the
beverage container.
(2) Except as provided in paragraph (3), the recycling center may
pay the refund value based on the weight of returned containers.
(3) On and after September 1, 2013, for beverage containers
redeemed by consumers, a certified recycling center shall pay the
refund value using the applicable segregated rate, as defined in
paragraph (43) of subsection (a) of Section 2000 of Title 14 of the
California Code of Regulations, as that section read on September 1,
2013, which shall be based on the weight of the redeemed beverage
containers.
(b) Any recycling center or processor that was in existence on
January 1, 1986, and that refused, as of January 1, 1986, to accept
at a particular location a certain type of empty beverage container
may continue to refuse to accept at the location the type or types of
empty beverage containers that the recycling center or processor
refused to accept as of January 1, 1986. A certified recycling center
that refuses, pursuant to this subdivision, to accept a certain type
or types of empty beverage containers is not eligible to receive
handling fees unless the center agrees to accept all types of empty
beverage containers and is a supermarket site. This subdivision does
not preclude the certified recycling center from receiving a handling
fee for beverage containers redeemed at supermarket sites that do
accept all types of containers.
(c) The department shall develop procedures by which recycling
centers and processors that meet the criteria of subdivision (b) may
recertify to change the material types accepted.
(d) (1) Only a certified recycling center may pay the refund value
to consumers or dropoff or collection programs. A person shall not
pay a noncertified recycler for empty beverage containers an amount
that exceeds the current scrap value for each container type, which
shall be determined in the following manner:
(A) For a plastic or glass beverage container, the current scrap
value shall be determined by the department.
(B) For an aluminum beverage container, the current scrap value
shall be not greater than the amount paid to the processor for that
aluminum beverage container, on the date the container was purchased,
by the location of end use, as defined in the regulations of the
department.
(2) A person shall not receive or retain, for empty beverage
containers that come from out of state, any refund values, processing
payments, or administrative fees for which a claim is made to the
department against the fund.
(3) Paragraph (1) does not affect curbside programs under contract
with cities or counties.
SEC. 61. SEC. 20. Section 14591 of
the Public Resources Code is amended to read:
14591. (a) Except as provided in subdivision (b), in addition to
any other applicable civil or criminal penalties, a person convicted
of a violation of this division, or a regulation adopted pursuant to
this division, is guilty of an infraction, which is punishable by a
fine of one hundred dollars ($100) for each initial separate
violation and not more than one thousand dollars ($1,000) for each
subsequent separate violation per day.
(b) (1) Every person who, with intent to defraud, knowingly takes
any of the following actions is guilty of a crime:
(A) Submits a false or fraudulent claim for payment pursuant to
Section 14573 or 14573.5.
(B) Fails to accurately report the number of beverage containers
sold, as required by subdivision (b) of Section 14550.
(C) Fails to make payments as required by Section 14574.
(D) Redeems out-of-state containers, rejected containers, line
breakage, or containers that have already been redeemed.
(E) Returns redeemed containers to the California marketplace for
redemption.
(F) Brings out-of-state containers, rejected containers, or line
breakage to the California marketplace for redemption.
(G) Submits a false or fraudulent claim for handling fee payments
pursuant to Section 14585.
(2) If the money obtained or withheld pursuant to paragraph (1)
exceeds nine hundred fifty dollars ($950), a person convicted of a
crime pursuant to paragraph (1) is subject to punishment by
imprisonment in the county jail for not more than one year or by a
fine not exceeding ten thousand dollars ($10,000), or by both, or by
imprisonment pursuant to subdivision (h) of Section 1170 of the Penal
Code for 16 months, two years, or three years, or by a fine not
exceeding twenty-five thousand dollars ($25,000) or twice the late or
unmade payments plus interest, whichever is greater, or by both fine
and imprisonment. If the money obtained or withheld pursuant to
paragraph (1) equals, or is less than, nine hundred fifty dollars
($950), the person is subject to punishment by imprisonment in the
county jail for not more than six months or by a fine not exceeding
one thousand dollars ($1,000), or by both.
(c) For purposes of this section and Chapter 8.5 (commencing with
Section 14595), "line breakage" and "rejected container" have the
same meanings as defined in the regulations adopted or amended by the
department pursuant to this division.
SEC. 62. SEC. 21. Section 25711.5 is
added to the Public Resources Code, 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:
(a) Award funds for projects that will benefit electricity
ratepayers and lead to technological advancement and breakthroughs to
overcome the barriers that prevent the achievement of the state's
statutory energy goals and that result in a portfolio of projects
that is strategically focused and sufficiently narrow to make
advancement on the most significant technological challenges that
shall include, but not be limited to, energy storage, renewable
energy and its integration into the electrical grid, energy
efficiency, integration of electric vehicles into the electrical
grid, and accurately forecasting the availability of renewable energy
for integration into the grid.
(b) In consultation with the Treasurer, establish terms that shall
be imposed as a condition to receipt of funding for the state to
accrue any intellectual property interest or royalties that may
derive from projects funded by the EPIC program. The commission, when
determining if imposition of the proposed terms is appropriate,
shall balance the potential benefit to the state from those terms and
the effect those terms may have on the state achieving its statutory
energy goals. The commission shall require each reward recipient, as
a condition of receiving moneys pursuant to this chapter, to agree
to any terms the commission determines are appropriate for the state
to accrue any intellectual property interest or royalties that may
derive from projects funded by the EPIC program.
(c) Require each applicant to report how the proposed project may
lead to technological advancement and potential breakthroughs to
overcome barriers to achieving the state's statutory energy goals.
(d) Establish a process for tracking the progress and outcomes of
each funded project, including an accounting of the amount of funds
spent by program administrators and individual grant recipients on
administrative and overhead costs and whether the project resulted in
any technological advancement or breakthrough to overcome barriers
to achieving the state's statutory energy goals.
(e) Notwithstanding Section 10231.5 of the Government Code,
prepare and submit to the Legislature no later than April 30 of each
year an annual report in compliance with Section 9795 of the
Government Code that shall include all of the following:
(1) A brief description of each project for which funding was
awarded in the immediately prior calendar year, including the name of
the recipient and the amount of the award, a description of how the
project is thought to lead to technological advancement or
breakthroughs to overcome barriers to achieving the state's statutory
energy goals, and a description of why the project was selected.
(2) A brief description of each project funded by the EPIC program
that was completed in the immediately prior calendar year, including
the name of the recipient, the amount of the award, and the outcomes
of the funded project.
(3) A brief description of each project funded by the EPIC program
for which an award was made in the previous years but that is not
completed, including the name of the recipient and the amount of the
award, and a description of how the project will lead to
technological advancement or breakthroughs to overcome barriers to
achieving the state's statutory energy goals.
(4) Identification of the award recipients that are
California-based entities, small businesses, or businesses owned by
women, minorities, or disabled veterans.
(5) Identification of which awards were made through a competitive
bid, interagency agreement, or sole source method, and the action of
the Joint Legislative Budget Committee pursuant to paragraph (2) of
subdivision (g) for each award made through an interagency agreement
or sole source method.
(6) Identification of the total amount of administrative and
overhead costs incurred for each project.
(f) Establish requirements to minimize program administration and
overhead costs, including costs incurred by program administrators
and individual grant recipients. Each program administrator and grant
recipient, including a public entity, shall be required to justify
actual administration and overhead costs incurred, even if the total
costs incurred do not exceed a cap on those costs that the commission
may adopt.
(g) (1) The commission shall use a sealed competitive bid as the
preferred method to solicit project applications and award funds
pursuant to the EPIC program.
(2) (A) The commission may use a sole source or interagency
agreement method if the project cannot be described with sufficient
specificity so that bids can be evaluated against specifications and
criteria set forth in a solicitation for bid and if both of the
following conditions are met:
(i) The commission, at least 60 days prior to making an award
pursuant to this subdivision, notifies the Joint Legislative Budget
Committee and the relevant policy committees in both houses of the
Legislature, in writing, of its intent to take the proposed action.
(ii) The Joint Legislative Budget Committee either approves or
does not disapprove the proposed action within 60 days from the date
of notification required by clause (i).
(B) It is the intent of the Legislature to enact this paragraph to
ensure legislative oversight for awards made on a sole source basis,
or through an interagency agreement.
(3) Notwithstanding any other law, standard terms and conditions
that generally apply to contracts between the commission and any
entities, including state entities, do not automatically preclude the
award of moneys from the fund through the sealed competitive bid
method.
SEC. 63. SEC. 22. Section 25711.7 is
added to the Public Resources Code, to read:
25711.7. (a) The Public Utilities Commission shall not require
the collection of funds pursuant to its Decision 12-05-037 (May 24,
2012), Phase 2 Decision Establishing Purposes and Governance for
Electric Program Investment Charge and Establishing Funding
Collections for 2013-2020, as corrected by Decision 12-07-001 (July
3, 2012), Order Correcting Error, and as modified by Decision
13-04-030 (April 18, 2013), Order Modifying Decision (D.) 12-05-037,
and Denying Rehearing of Decision, as Modified, in an annual amount
greater than the amount specified in those decisions.
(b) This section does not modify, alter, or, in any way, affect
the operation of Section 25712.
SEC. 64. SEC. 23. Section 25751 of
the Public Resources Code is amended to read:
25751. (a) The Renewable Resource Trust Fund is hereby created in
the State Treasury.
(b) The Emerging Renewable Resources Account is hereby established
within the Renewable Resources Trust Fund. Notwithstanding Section
13340 of the Government Code, the moneys in the account are hereby
continuously appropriated to the commission without regard to fiscal
years for the following purposes:
(1) To close out the award of incentives for emerging technologies
in accordance with former Section 25744, as this law existed prior
to the enactment of the Budget Act of 2012, for which applications
had been approved before the enactment of the Budget Act of 2012.
(2) To close out consumer education activities in accordance with
former Section 25746, as this law existed prior to the enactment of
the Budget Act of 2012.
(3) To provide funding for the New Solar Homes Partnership
pursuant to paragraph (3) of subdivision (e) of Section 2851 of the
Public Utilities Code.
(c) The Controller shall provide to the commission funds pursuant
to the continuous appropriation in, and for purposes specified in,
subdivision (b).
(d) The Controller shall provide to the commission moneys from the
fund sufficient to satisfy all contract and grant awards that were
made by the commission pursuant to former Sections 25744 and 25746,
and Chapter 8.8 (commencing with Section 25780), as these laws
existed prior to the enactment of the Budget Act of 2012.
SEC. 65. SEC. 24. Section 26052 of
the Public Resources Code is amended to read:
26052. "Applicant" means, for the purposes of Article 2
(commencing with Section 26060), a public agency as defined in
paragraph (3) of subdivision (c) of Section 5898.20 of the Streets
and Highways Code, or an entity administering a PACE loan program on
behalf of and with written consent of a public agency, and, for the
purposes of Article 3 (commencing with Section 26070), a financial
institution providing a loan pursuant to that chapter to finance the
installation of distributed generation renewable energy sources,
electric vehicle charging infrastructure, or energy or water
efficiency improvements.
SEC. 66. SEC. 25. Section 26055 of
the Public Resources Code is amended to read:
26055. "PACE program" means a program established by an applicant
that is financed by the PACE bond or a PACE loan program regardless
of funding sources.
SEC. 67. SEC. 26. Section 26060 of
the Public Resources Code is amended to read:
26060. (a) The authority shall develop and administer a PACE
Reserve program to reduce overall costs to the property owners of
PACE bonds issued by an applicant by providing a reserve of no more
than 10 percent of the initial principal amount of the PACE bond.
(b) The authority shall develop and administer a PACE risk
mitigation program for PACE loans to increase their acceptance in the
marketplace and protect against the risk of default and foreclosure.
SEC. 68. SEC. 27. Section 26062 of
the Public Resources Code is amended to read:
26062. An applicant shall submit to the authority an application
providing a detailed description of the PACE program, a detailed
description of the transactional activities associated with the PACE
bond issuance, including all transactional costs, information
regarding any credit enhancement or loan insurance associated with a
PACE loan program, and other information deemed necessary by the
authority.
SEC. 69. SEC. 28. Section 26063 of
the Public Resources Code is amended to read:
26063. (a) In evaluating eligibility, the authority shall
consider whether the applicant's PACE program includes the following
conditions:
(1) Loan recipients are legal owners of underlying property.
(2) Loan recipients are current on mortgage and property tax
payments.
(3) Loan recipients are not in default or in bankruptcy
proceedings.
(4) Loans are for less than 10 percent of the value of the
property.
(5) The property is within the geographical boundaries of the PACE
program.
(6) The program offers financing for energy efficiency
improvements or electric vehicle charging infrastructure.
(7) Improvements financed by the program follow applicable
standards of energy efficiency retrofit work, including any
guidelines adopted by the State Energy Resources Conservation and
Development Commission.
(b) In evaluating an application, the authority shall consider all
of the following factors:
(1) The use by the PACE program of best practices, adopted by the
authority, to qualify eligible properties for participation in
underwriting the PACE program.
(2) The cost efficiency of the applicant's PACE program, including
bond issuance, credit enhancement, or loan insurance.
(3) The projected number of jobs created by the PACE program.
(4) The applicant's PACE program requirements for quality
assurance and consumer protection as related to achieving efficiency
and clean energy production.
(5) The mechanisms by which savings produced by this program are
passed on to the property owners.
(6) Any other factors deemed appropriate by the authority.
SEC. 70. SEC. 29. Section 35600 of
the Public Resources Code is amended to read:
35600. (a) The Ocean Protection Council is established in state
government. The council consists of the Secretary of the Natural
Resources Agency, the Secretary for Environmental Protection, the
Chair of the State Lands Commission, and two members of the public
appointed by the Governor.
(b) The two public members shall each serve a term of four years,
and may each be reappointed to one additional term. The public
members of the board shall be appointed on the basis of their
educational and professional qualifications and their general
knowledge of, interest in, and experience in the protection and
conservation of coastal waters and ocean ecosystems. One of the
public members shall have a scientific professional background and
experience in coastal and ocean ecosystems.
(c) Except as provided in this section, members of the council
shall serve without compensation. A member shall be reimbursed for
actual and necessary expenses incurred in the performance of his or
her duties, and in addition shall be compensated at one hundred
dollars ($100) for each day during which the member is engaged in the
performance of official duties of the council. Payment for actual
and necessary expenses shall be paid only to the extent that those
expenses are not provided or payable by another public agency. The
total number of days for which a member shall be compensated may not
exceed 25 days in any one fiscal year.
SEC. 71. SEC. 30. Section 35605 of
the Public Resources Code is amended to read:
35605. The Secretary of the Natural Resources Agency shall serve
as the chairperson of the council, and the Secretary for
Environmental Protection shall serve as the vice chairperson of the
council. The Assistant Secretary for Coastal Matters at the Natural
Resources Agency shall be designated as the Deputy Secretary of the
Natural Resources Agency
for Ocean and Coastal Policy, and the deputy secretary shall also
serve as the executive director for the council.
SEC. 72. SEC. 31. Section 35625 of
the Public Resources Code is amended to read:
35625. (a) Under the direction of the Secretary of the Natural
Resources Agency, the council shall administer its affairs, and
provide the staff services that the council needs to carry out this
division, including, but not limited to, both of the following:
(1) Administering grants and expenditures authorized by the
council from the fund or other sources, including, but not limited
to, block grants from other state boards, commissions, or
departments.
(2) Arranging meetings, agendas, and other administrative
functions in support of the council.
(b) The Legislature may make appropriations to be used for the
purposes of this division directly to the Secretary of the Natural
Resources Agency, for expenditures authorized by the council. If an
expenditure has been approved by the council for the purposes of this
division, approval of the secretary is not required, except in the
case of block grants provided by the council to be administered by
the secretary.
(c) Any bond funds received by the State Coastal Conservancy, on
or before July 1, 2013, which authorized the use of funds for council
programs, shall be transferred to the Natural Resources Agency for
use for those programs.
(d) (1) The Legislature finds and declares that, on the effective
date of the act adding this subdivision during the 2013-14 Regular
Session, various contracts and grants will be pending or remain
subject to management and control by the State Coastal Conservancy on
behalf of the council. On and after that date, the Secretary of the
Natural Resources Agency is hereby designated as the legal successor
to the State Coastal Conservancy, and the Secretary of the Natural
Resources Agency shall assume management and control of those
contracts and grants and shall have all of the same powers and duties
as the State Coastal Conservancy.
(2) In addition to the powers and duties described in paragraph
(1), on and after the effective date of the act adding this
subdivision during the 2013-14 Regular Session, the Secretary of the
Natural Resources Agency shall have the following powers and duties
on behalf of the council:
(A) The management of all contracts and grants, including the
completion, modification, and cancellation of those contracts and
grants in accordance with existing law.
(B) The negotiation and settlement of claims relating to contracts
and grants.
(C) Responsibility for the completion, maintenance, and disposal
of any records relating to the transfer of responsibilities from the
State Coastal Conservancy to the Natural Resources Agency.
SEC. 73. SEC. 32. Section 42977 of
the Public Resources Code is amended to read:
42977. (a) The carpet stewardship organization submitting a
carpet stewardship plan shall pay the department a quarterly
administrative fee. The department shall set the fee at an amount
that, when paid by every carpet stewardship organization that submits
a carpet stewardship plan, is adequate to cover the department's
full costs of administering and enforcing this chapter, including any
program development costs or regulatory costs incurred by the
department prior to carpet stewardship plans being submitted. The
department may establish a variable fee based on relevant factors,
including, but not limited to, the portion of carpets sold in the
state by members of the organization compared to the total amount of
carpet sold in the state by all organizations submitting a carpet
stewardship plan.
(b) The total amount of fees collected annually pursuant to this
section shall not exceed the amount necessary to recover costs
incurred by the department in connection with the administration and
enforcement of the requirements of this chapter.
(c) The department shall identify the direct development or
regulatory costs it incurs pursuant to this chapter prior to the
submittal of a carpet stewardship plan and shall establish a fee in
an amount adequate to cover those costs, which shall be paid by a
carpet stewardship organization that submits a carpet stewardship
plan. The fee established pursuant to this subdivision shall be paid
pursuant to the schedule specified in subdivision (d).
(d) A carpet stewardship organization subject to this section
shall pay a quarterly fee to the department to cover the
administrative and enforcement costs of the requirements of this
chapter pursuant to subdivision (a) on or before July 1, 2012, and
every three months thereafter and the applicable portion of the fee
pursuant to subdivision (c) on July 1, 2012, and every three months
thereafter through July 1, 2014. Each year after the initial payment,
the total amount of the administrative fees paid for a calendar year
may not exceed 5 percent of the aggregate assessments collected for
the preceding calendar year.
(e) The department shall deposit the fees collected pursuant to
this section into the Carpet Stewardship Account created pursuant to
Section 42977.1.
SEC. 74. SEC. 33. Section 48704 of
the Public Resources Code is amended to read:
48704. (a) The department shall review the plan within 90 days of
receipt, and make a determination whether or not to approve the
plan. The department shall approve the plan if it provides for the
establishment of a paint stewardship program that meets the
requirements of Section 48703.
(b) (1) The approved plan shall be a public record, except that
financial, production, or sales data reported to the department by a
manufacturer or the stewardship organization is not a public record
under the California Public Records Act, as described in Chapter 3.5
(commencing with Section 6250) of Division 7 of Title 1 of the
Government Code and shall not be open to public inspection.
(2) Notwithstanding paragraph (1), the department may release a
summary form of financial, production, or sales data if it does not
disclose financial, production, or sales data of a manufacturer or
stewardship organization.
(c) On or before July 1, 2012, or three months after a plan is
approved pursuant to subdivision (a), whichever date is later, the
manufacturer or stewardship organization shall implement the
architectural paint stewardship program described in the approved
plan.
(d) The department shall enforce this chapter.
(e) (1) The stewardship organization shall pay the department a
quarterly administrative fee pursuant to paragraph (2).
(2) The department shall impose fees in an amount that is
sufficient to cover the full administrative and enforcement costs of
the requirements of this chapter, including any program development
costs or regulatory costs incurred by the department prior to the
submittal of the stewardship plans. The stewardship organization
shall pay the fee on or before the last day of the month following
the end of each quarter. Fee revenues collected under this section
shall only be used to administer and enforce this chapter.
(f) (1) A civil penalty may be administratively imposed by the
department on any person who violates this chapter in an amount of up
to one thousand dollars ($1,000) per violation per day.
(2) A person who intentionally, knowingly, or negligently violates
this chapter may be assessed a civil penalty by the department of up
to ten thousand dollars ($10,000) per violation per day.
SEC. 75. SEC. 34. The Legislature
hereby finds and declares all of the following:
(a) Environmental literacy enhances a citizen's ability to make
informed decisions with an understanding that humans depend on
natural systems and human actions influence natural systems in both
beneficial and detrimental ways.
(b) Environmentally literate citizens are better able to make wise
individual and collective decisions to conserve natural resources
and protect environmental and human health.
(c) An environmentally literate citizenry is essential to
confronting and overcoming the environmental challenges of the 21st
century.
(d) An environmentally literate citizenry, consisting of
technological innovators, entrepreneurs, scientists, and engineers,
as well as environmentally conscientious consumers, supports a
vibrant state economy and drives California's role as a leader in the
emerging global green marketplace.
(e) A model environmental curriculum, also known as the Education
and the Environment Curriculum (curriculum) was developed by the
California Environmental Protection Agency, in cooperation with the
State Department of Education and the Natural Resources Agency, to
increase environmental literacy among students in kindergarten and
grades 1 to 12, inclusive.
(f) The curriculum is the first environment-based curriculum of
its kind in the nation to receive State Board of Education approval.
(g) There are many benefits of enhanced environmental literacy,
and the curriculum materials, along with training and support, should
be made readily available to any educator in California who wishes
to teach the curriculum.
(h) To achieve this goal, the Department of Resources Recycling
and Recovery should collaborate across agencies and disciplines,
including, but not limited to, the California Environmental
Protection Agency, the State Department of Education, and the Natural
Resources Agency.
(i) The state should seek to develop strong partnerships with the
private sector, including nonprofit organizations, associations,
businesses, and private entities, in order to support use of the
curriculum and increase environmental literacy.
SEC. 76. SEC. 35. Section 71300 of
the Public Resources Code is amended to read:
71300. (a) For purposes of this part, the following definitions
shall apply:
(1) "Department" means the Department of Resources Recycling and
Recovery.
(2) "Office" means the Office of Education and the Environment of
the Department of Resources Recycling and Recovery, as established
pursuant to this section.
(3) "Program" means the statewide environmental education program
prescribed in this part.
(b) The Office of Education and the Environment previously
established in the California Environmental Protection Agency is
hereby established in the Department of Resources Recycling and
Recovery. The office shall dedicate its effort to implementing the
statewide environmental education program prescribed pursuant to this
part, including the integrated waste educational requirements
specified in paragraph (9) of subdivision (b) of Section 71301. The
office, through staffing and resources, shall give a high priority to
implementing the statewide environmental education program.
(c) The office, under the direction of the department, in
cooperation with the State Department of Education and the State
Board of Education, shall develop and implement a unified education
strategy on the environment for elementary and secondary schools in
the state. The office shall develop a unified education strategy to
do all of the following:
(1) Coordinate instructional resources and strategies for
providing active pupil participation with onsite conservation
efforts.
(2) Promote service-learning opportunities between schools and
local communities.
(3) Assess the impact to participating pupils of the unified
education strategy on pupil achievement and resource conservation.
(d) The State Department of Education and the State Board of
Education, in cooperation with the department, shall develop and
implement to the extent feasible, a teacher training and
implementation plan, to guide the implementation of the unified
education strategy, for the education of pupils, faculty, and
administrators on the importance of integrating environmental
concepts and programs in schools throughout the state. The strategy
shall project the phased implementation of elementary, middle, and
high school programs.
(e) In implementing this part, the office may hold public meetings
to receive and respond to comments from affected state agencies,
stakeholders, and the public regarding the development of resources
and materials pursuant to this part.
(f) In implementing this part, the office shall coordinate with
other agencies and groups with expertise in education and the
environment.
(g) Any instructional materials developed pursuant to this part
shall be subject to the requirements of Chapter 1 (commencing with
Section 60000) of Part 33 of Division 4 of Title 2 of the Education
Code, including, but not limited to, reviews for legal and social
compliance before the materials may be used in elementary or
secondary public schools.
SEC. 77. SEC. 36. Section 71301 of
the Public Resources Code is amended to read:
71301. (a) As part of the unified education strategy specified in
subdivision (c) of Section 71300, the office, in cooperation with
the Secretary for Environmental Protection, the Natural Resources
Agency, the State Department of Education, and the State Board of
Education, shall develop education principles for the environment for
elementary and secondary school pupils. The principles may be
updated every four years beginning July 1, 2008. The principles shall
be aligned to the academic content standards adopted by the State
Board of Education pursuant to Section 60605 of the Education Code.
The principles shall be used to do all of the following:
(1) To direct state agencies that include environmental education
components for elementary and secondary education in regulatory
decisions or enforcement actions.
(2) To align state agency environmental education programs and
materials that are developed for elementary and secondary education.
(b) The education principles for the environment shall include,
but not be limited to, concepts relating to the following topics:
(1) Environmental sustainability.
(2) Water.
(3) Air.
(4) Energy.
(5) Forestry.
(6) Fish and wildlife resources.
(7) Oceans.
(8) Toxics and hazardous waste.
(9) Integrated waste management.
(10) Integrated pest management.
(11) Public health and the environment.
(12) Pollution prevention.
(13) Resource conservation and recycling.
(14) Environmental justice.
(c) The principles shall be aligned to the applicable academic
content standards adopted by the State Board of Education and shall
not duplicate or conflict with any academic content standards.
(d) (1) The education principles for the environment shall be
incorporated, as the State Board of Education determines to be
appropriate, in criteria developed for textbook adoption required
pursuant to Section 60200 or 60400 of the Education Code in science,
mathematics, English/language arts, and history/social sciences.
(2) If the State Board of Education determines that the education
principles for the environment are not appropriate for inclusion in
the textbook adoption criteria cited in paragraph (1), the State
Board of Education shall collaborate with the office to make the
changes necessary to ensure that the principles are included in the
textbook adoption criteria in science, mathematics, English/language
arts, and history/social sciences.
(e) If the content standards required pursuant to Section 60605 of
the Education Code are revised, the education principles for the
environment shall be appropriately considered for inclusion into part
of the revised academic content standards.
SEC. 78. SEC. 37. Section 71302 of
the Public Resources Code is amended to read:
71302. (a) Using the education principles for the environment
required to be developed pursuant to Section 71301, the office, in
cooperation with the Secretary for Environmental Protection, the
Natural Resources Agency, the State Department of Education, and the
State Board of Education, shall develop a model environmental
curriculum that incorporates these education principles for the
environment. The model curriculum shall be aligned with applicable
State Board of Education adopted academic content standards in
Science, Mathematics, English/Language Arts, and History/Social
Sciences, to the extent that any of those content areas are addressed
in the model curriculum.
(b) The model curriculum shall be submitted to the Instructional
Quality Commission for review. The commission shall submit its
recommendation to the Secretary for Environmental Protection and to
the Secretary of the Natural Resources Agency.
(1) The Secretary for Environmental Protection and the Secretary
of the Natural Resources Agency shall review and comment on the model
curriculum.
(2) The model curriculum along with the comments by the Secretary
for Environmental Protection and the Secretary of the Natural
Resources Agency shall be submitted to the State Board of Education
for its approval.
SEC. 79. SEC. 38. Section 71303 of
the Public Resources Code is amended to read:
71303. (a) As determined appropriate by the Superintendent of
Public Instruction, the State Department of Education shall
incorporate into publications that provide examples of curriculum
resources for teacher use, those materials developed by the office
that provide information on the education principles for the
environment developed pursuant to Section 71300.
(b) If the Superintendent of Public Instruction determines that
materials developed by the office that provide information on the
education principles for the environment are not appropriate for
inclusion in publications that provide examples of curriculum
resources for teacher use, the Superintendent of Public Instruction
shall collaborate with the office to make the changes necessary to
ensure that the materials are included in that information.
(c) Pursuant to Section 71302, the department shall coordinate
with the Secretary for Environmental Protection, the Superintendent
of Public Instruction, the State Department of Education, and the
Secretary of the Natural Resources Agency to facilitate use of the
model environmental curriculum by elementary and secondary schools to
the extent that funds are available for this purpose.
(d) The department, the Secretary for Environmental Protection,
the Superintendent of Public Instruction, the State Department of
Education, and the Secretary of the Natural Resources Agency may
collaborate with other federal, state, and local entities, and
nongovernmental entities including nonprofit organizations,
associations, businesses, individuals, and private entities, and may
enter into interagency agreements, memoranda of understanding, and
contracts to ensure implementation of this part.
(e) The department shall make the model curriculum available
electronically on the department's Internet Web site. The State
Department of Education shall make readily identifiable on its
Internet Web site a link to the department's Internet Web site
containing the curriculum.
(f) The State Department of Education, to the extent feasible and
to the extent that funds are available for this purpose, shall
encourage the development and use of instructional materials and
active pupil participation in campus and community environmental
education programs. To the extent feasible, the environmental
education programs should be considered in the development and
promotion of after school programs for elementary and secondary
school pupils and state and local professional development activities
to provide teachers with content background and resources to assist
in teaching about the environment.
(g) The State Department of Education shall explore
implementation of this section from its baseline resources dedicated
to this purpose and if funding is not available from that source,
then funding may be provided to the department, pursuant to
appropriation by the Legislature, under Section 71305.
SEC. 80. SEC. 39. Section 71304 of
the Public Resources Code is amended to read:
71304. (a) The office, in coordination with the Secretary for
Environmental Protection, shall be responsible for the statewide
coordination of regulatory administrative decisions that require the
development or encourage the promotion of environmental education for
elementary and secondary school pupils.
(b) All California Environmental Protection Agency or Natural
Resources Agency boards, departments, or offices that take regulatory
actions or take enforcement actions requiring the development of, or
encouraging the promotion of, environmental education for elementary
and secondary school pupils shall, prior to adoption or approval of
the action, seek comments on the action from the office in order to
promote consistency with this part and cross-media coordination.
(c) The office shall coordinate with all state agencies to develop
and distribute environmental education materials.
SEC. 81. SEC. 40. Section 71305 of
the Public Resources Code, as added by Section 23 of Chapter 718 of
the Statutes of 2010, is amended to read:
71305. (a) The Environmental Education Account is hereby
established within the State Treasury. Moneys in the account may,
upon appropriation by the Legislature, be expended by the department
for the purposes of this part. The Director of Resources Recycling
and Recovery shall administer this part, including, but not limited
to, the account.
(b) Notwithstanding any other law to the contrary, the department
may accept and receive federal, state, and local funds and
contributions of funds from a public or private organization or
individual. The account may also receive proceeds from a judgment,
settlement, fine, penalty, or other mechanism, in state or federal
court, when the funds are contributed or the judgment specifies that
the proceeds are to be used for the purposes of this part. The
account may receive those funds, contributions, or proceeds from
judgments, that are specifically designated for use for environmental
education purposes. Private contributors shall not have the
authority to further influence or direct the use of their
contributions.
(c) Notwithstanding any other law, a state agency that requires
the development of, or encourages the promotion of, environmental
education for elementary and secondary school pupils, may contribute
to the account.
(d) The department shall immediately deposit any funds contributed
pursuant to subdivision (b) into the account.
(e) The Legislature finds and declares that the maintenance of the
account is of the utmost importance to the state and that it is
essential that any moneys in the account be used solely for the
purposes authorized in this section and not be used, loaned, or
transferred for any other purposes. Further, state agencies that
promote environmental education for elementary and secondary school
pupils will benefit from the environmental curriculum adopted
pursuant to this part and should provide equitable and balanced
support for the program.
SEC. 82. SEC. 41. Section 309.5 of
the Public Utilities Code is amended to read:
309.5. (a) There is within the commission an independent Office
of Ratepayer Advocates to represent and advocate on behalf of the
interests of public utility customers and subscribers within the
jurisdiction of the commission. The goal of the office shall be to
obtain the lowest possible rate for service consistent with reliable
and safe service levels. For revenue allocation and rate design
matters, the office shall primarily consider the interests of
residential and small commercial customers.
(b) The director of the office shall be appointed by, and serve at
the pleasure of, the Governor, subject to confirmation by the
Senate.
The director shall annually appear before the appropriate policy
committees of the Assembly and the Senate to report on the activities
of the office.
(c) The director shall develop a budget for the office that shall
be subject to final approval of the Department of Finance. As
authorized in the approved budget, the office shall employ personnel
and resources, including attorneys and other legal support staff, at
a level sufficient to ensure that customer and subscriber interests
are effectively represented in all significant proceedings. The
office may employ experts necessary to carry out its functions. The
director may appoint a lead attorney who shall represent the office,
and shall report to and serve at the pleasure of the director. The
lead attorney for the office shall obtain adequate legal personnel
for the work to be conducted by the office from the commission's
attorney appointed pursuant to Section 307. The commission's attorney
shall timely and appropriately fulfill all requests for legal
personnel made by the lead attorney for the office, provided the
office has sufficient moneys and positions in its budget for the
services requested.
(d) The commission shall develop appropriate procedures to ensure
that the existence of the office does not create a conflict of roles
for any employee. The procedures shall include, but shall not be
limited to, the development of a code of conduct and procedures for
ensuring that advocates and their representatives on a particular
case or proceeding are not advising decisionmakers on the same case
or proceeding.
(e) The office may compel the production or disclosure of any
information it deems necessary to perform its duties from any entity
regulated by the commission, provided that any objections to any
request for information shall be decided in writing by the assigned
commissioner or by the president of the commission, if there is no
assigned commissioner.
(f) There is hereby created the Public Utilities Commission
Ratepayer Advocate Account in the General Fund. Moneys from the
Public Utilities Commission Utilities Reimbursement Account in the
General Fund shall be transferred in the annual Budget Act to the
Public Utilities Commission Ratepayer Advocate Account. The funds in
the Public Utilities Commission Ratepayer Advocate Account shall be a
budgetary program fund administered and utilized exclusively by the
office in the performance of its duties as determined by the
director. The director shall annually submit a staffing report
containing a comparison of the staffing levels for each five-year
period.
(g) On or before January 10 of each year, the office shall provide
to the chairperson of the fiscal committee of each house of the
Legislature and to the Joint Legislative Budget Committee all of the
following information:
(1) The number of personnel years utilized during the prior year
by the Office of Ratepayer Advocates.
(2) The
total dollars expended by the Office of Ratepayer Advocates in the
prior year, the estimated total dollars expended in the current year,
and the total dollars proposed for appropriation in the following
budget year.
(3) Workload standards and measures for the Office of Ratepayer
Advocates.
(h) The office shall meet and confer in an informal setting with a
regulated entity prior to issuing a report or pleading to the
commission regarding alleged misconduct, or a violation of a law or a
commission rule or order, raised by the office in a complaint. The
meet and confer process shall be utilized in good faith to reach
agreement on issues raised by the office regarding any regulated
entity in the complaint proceeding.
SEC. 83. SEC. 42. Section 318 is
added to the Public Utilities Code, to read:
318. The commission shall conduct a zero-based budget for all of
its programs by January 10, 2015. The zero-based budget shall be
completed for the entire commission, rather than on a
division-by-division basis.
SEC. 84. SEC. 43. (a) The
Legislature finds and declares that the purpose of adding Section
740.5 to the Public Utilities Code is to limit the implementation of
the Public Utilities Commission Decision 12-12-031 (December 20,
2012), Decision Granting Authority to Enter Into a Research and
Development Agreement with Lawrence Livermore National Laboratory for
21st Century Energy Systems and for costs up to $152.19 million so
that:
(1) No research and development projects other than for the
purposes of cyber security and grid integration shall be funded by
ratepayers as a result of Decision 12-12-031.
(2) Total funding for research and development projects for the
purposes of cyber security and grid integration shall not exceed $35
million over the five-year research period.
(3) Those program management expenditures proposed, commencing
with page seven, in the joint advice letter filed by the state's
three largest electrical corporations, Advice 3379-G/4215-E (Pacific
Gas and Electric Company), Advice 2887-E (Southern California Edison
Company), and Advice 2473-E (San Diego Gas and Electric Company),
dated April 19, 2013, be voided.
(4) Project managers be limited to three representatives, one
representative each from Pacific Gas and Electric Company, Southern
California Edison Company, and San Diego Gas and Electric Company.
(5) The Lawrence Livermore National Laboratory, Pacific Gas and
Electric Company, Southern California Edison Company, and San Diego
Gas and Electric Company ensure that research parameters reflect a
new contribution to cyber security and that there not be a
duplication of research being done by other private and governmental
entities.
(b) Nothing in this act authorizes the Public Utilities Commission'
s adoption of Decision 12-12-031.
SEC. 85. SEC. 44. Section 740.5 is
added to the Public Utilities Code, to read:
740.5. (a) For purposes of this section, "21st Century Energy
System Decision" means commission Decision 12-12-031 (December 20,
2012), Decision Granting Authority to Enter Into a Research and
Development Agreement with Lawrence Livermore National Laboratory for
21st Century Energy Systems and for costs up to $152.19 million, or
any subsequent decision in Application 11-07-008 (July 18, 2011),
Application of Pacific Gas and Electric Company (U39M), San Diego Gas
and Electric Company (U902E), and Southern California Edison Company
(U338E) for Authority to Increase Electric Rates and Charges to
Recover Costs of Research and Development Agreement with Lawrence
Livermore National Laboratory for 21st Century Energy Systems.
(b) In implementing the 21st Century Energy System Decision, the
commission shall not authorize recovery from ratepayers of any
expense for research and development projects that are not for
purposes of cyber security and grid integration. Total funding for
research and development projects for the purposes of cyber security
and grid integration pursuant to the 21st Century Energy System
Decision shall not exceed thirty-five million dollars ($35,000,000).
All cyber security and grid integration research and development
projects shall be concluded by the fifth anniversary of their start
date.
(c) The commission shall not approve for recovery from ratepayers,
those program management expenditures proposed, commencing with page
seven, in the joint advice letter filed by the state's three largest
electrical corporations, Advice 3379-G/4215-E (Pacific Gas and
Electric Company), Advice 2887-E (Southern California Edison
Company), and Advice 2473-E (San Diego Gas and Electric Company),
dated April 19, 2013. Project managers for the 21st Century Energy
System Decision shall be limited to three representatives, one
representative each from Pacific Gas and Electric Company, Southern
California Edison Company, and San Diego Gas and Electric Company.
(d) The commission shall require the Lawrence Livermore National
Laboratory, as a condition for entering into any contract pursuant to
the 21st Century Energy System Decision, and Pacific Gas and
Electric Company, Southern California Edison Company, and San Diego
Gas and Electric Company to ensure that research parameters reflect a
new contribution to cyber security and that there not be a
duplication of research being done by other private and governmental
entities.
(e) (1) The commission shall require each participating electrical
corporation to prepare and submit to the commission by December 1,
2013, a joint report on the scope of all proposed research projects,
how the proposed project may lead to technological advancement and
potential breakthroughs in cyber security and grid integration, and
the expected timelines for concluding the projects. The commission
shall, within 30 days of receiving the joint report, determine
whether the report is sufficient or requires revision, and upon
determining that the report is sufficient submit the report to the
Legislature in compliance with Section 9795 of the Government Code.
(2) The commission shall require each participating electrical
corporation to prepare and submit to the commission by 60 days
following the conclusion of all research and development projects, a
joint report summarizing the outcome of all funded projects,
including an accounting of expenditures by the project managers and
grant recipients on administrative and overhead costs and whether the
project resulted in any technological advancements or breakthroughs
in promoting cyber security and grid integration. The commission
shall, within 30 days of receiving the joint report, determine
whether the report is sufficient or requires revision, and upon
determining that the report is sufficient, submit the report to the
Legislature in compliance with Section 9795 of the Government Code.
(3) This subdivision shall become inoperable January 1, 2023,
pursuant to Section 10231.5 of the Government Code.
SEC. 86. SEC. 45. Section 854.5 is
added to the Public Utilities Code, to read:
854.5. (a) For purposes of this section, a "nonstate entity"
means a company, corporation, partnership, firm, or other entity or
group of entities, whether organized for profit or not for profit.
(b) The commission, by order, decision, motion, settlement, or
other action, shall not establish a nonstate entity with any moneys
other than those moneys that would otherwise belong to the public
utility's shareholders. A nonstate entity to be created with moneys
from a public utility's shareholders shall be subject to a 30-day
review by the Joint Legislative Budget Committee prior to creation.
This subdivision does not limit the authority of the commission to
form an advisory committee or other body whose budget is subject to
oversight by the commission and the Department of Finance.
(c) The commission shall not enter into a contract with a nonstate
entity in which a person serves as an owner, director, or officer
while serving as a commissioner. Any contract between the commission
and a nonstate entity shall be void and cease to exist by operation
of law, if a commissioner, who was a commissioner at the time the
contract was awarded, entered into, or extended, becomes, on or after
January 1, 2014, an owner, director, or officer of the nonstate
entity while serving as a commissioner.
(d) A commissioner who acts as an owner, director, or officer of a
nonstate entity that was established after January 1, 2015, as a
result of an order, decision, motion, settlement, or other action by
the commission in which the commissioner participated, neglects his
or her duty pursuant to Section 1 of Article XII of the California
Constitution, for which the commissioner may be removed pursuant to
that section.
SEC. 87. SEC. 46. Section 2120 is
added to the Public Utilities Code, to read:
2120. (a) The commission shall not distribute, expend, or
encumber any moneys received by the commission as a result of any
commission proceeding or judicial action, including the compromise or
settlement of a claim, until both of the following are true:
(1) The commission has provided the Director of Finance with
written notification of the receipt of the moneys and the basis for
those moneys being received by the commission.
(2) The Director of Finance provides not less than 60 days'
written notice to the Chairperson of the Joint Legislative Budget
Committee and the chairs of the appropriate budget subcommittees of
the Assembly and Senate of the receipt of the moneys and the basis
for those moneys being received by the commission.
(b) This section does not apply to application or licensing fees
charged by the commission to defray regulatory expenses.
(c) This section does not apply to moneys received by the
commission in a court-approved settlement or as a result of a court
judgment where the court orders that the moneys be used for specified
purposes.
(d) This section does not apply to moneys received by the
commission where statutes expressly provide how the moneys are to be
paid or used, including all of the following:
(1) Payment to any fund created by Chapter 1.5 (commencing with
Section 270).
(2) Payment to any account or fund pursuant to Chapter 2.5
(commencing with Section 401).
(3) Payment to the Ratepayer Relief Fund pursuant to Article 9.5
(commencing with Section 16428.1) of Chapter 2 of Part 2 of Division
4 of Title 2 of the Government Code.
SEC. 88. SEC. 47. Section 2851 of
the Public Utilities Code is amended to read:
2851. (a) In implementing the California Solar Initiative, the
commission shall do all of the following:
(1) The commission shall authorize the award of monetary
incentives for up to the first megawatt of alternating current
generated by solar energy systems that meet the eligibility criteria
established by the State Energy Resources Conservation and
Development Commission pursuant to Chapter 8.8 (commencing with
Section 25780) of Division 15 of the Public Resources Code. The
commission shall determine the eligibility of a solar energy system,
as defined in Section 25781 of the Public Resources Code, to receive
monetary incentives until the time the State Energy Resources
Conservation and Development Commission establishes eligibility
criteria pursuant to Section 25782. Monetary incentives shall not be
awarded for solar energy systems that do not meet the eligibility
criteria. The incentive level authorized by the commission shall
decline each year following implementation of the California Solar
Initiative, at a rate of no less than an average of 7 percent per
year, and shall be zero as of December 31, 2016. The commission shall
adopt and publish a schedule of declining incentive levels no less
than 30 days in advance of the first decline in incentive levels. The
commission may develop incentives based upon the output of
electricity from the system, provided those incentives are consistent
with the declining incentive levels of this paragraph and the
incentives apply to only the first megawatt of electricity generated
by the system.
(2) The commission shall adopt a performance-based incentive
program so that by January 1, 2008, 100 percent of incentives for
solar energy systems of 100 kilowatts or greater and at least 50
percent of incentives for solar energy systems of 30 kilowatts or
greater are earned based on the actual electrical output of the solar
energy systems. The commission shall encourage, and may require,
performance-based incentives for solar energy systems of less than 30
kilowatts. Performance-based incentives shall decline at a rate of
no less than an average of 7 percent per year. In developing the
performance-based incentives, the commission may:
(A) Apply performance-based incentives only to customer classes
designated by the commission.
(B) Design the performance-based incentives so that customers may
receive a higher level of incentives than under incentives based on
installed electrical capacity.
(C) Develop financing options that help offset the installation
costs of the solar energy system, provided that this financing is
ultimately repaid in full by the consumer or through the application
of the performance-based rebates.
(3) By January 1, 2008, the commission, in consultation with the
State Energy Resources Conservation and Development Commission, shall
require reasonable and cost-effective energy efficiency improvements
in existing buildings as a condition of providing incentives for
eligible solar energy systems, with appropriate exemptions or
limitations to accommodate the limited financial resources of
low-income residential housing.
(4) Notwithstanding subdivision (g) of Section 2827, the
commission may develop a time-variant tariff that creates the maximum
incentive for ratepayers to install solar energy systems so that the
system's peak electricity production coincides with California's
peak electricity demands and that ensures that ratepayers receive due
value for their contribution to the purchase of solar energy systems
and customers with solar energy systems continue to have an
incentive to use electricity efficiently. In developing the
time-variant tariff, the commission may exclude customers
participating in the tariff from the rate cap for residential
customers for existing baseline quantities or usage by those
customers of up to 130 percent of existing baseline quantities, as
required by Section 80110 of the Water Code. Nothing in this
paragraph authorizes the commission to require time-variant pricing
for ratepayers without a solar energy system.
(b) Notwithstanding subdivision (a), in implementing the
California Solar Initiative, the commission may authorize the award
of monetary incentives for solar thermal and solar water heating
devices, in a total amount up to one hundred million eight hundred
thousand dollars ($100,800,000).
(c) (1) In implementing the California Solar Initiative, the
commission shall not allocate more than fifty million dollars
($50,000,000) to research, development, and demonstration that
explores solar technologies and other distributed generation
technologies that employ or could employ solar energy for generation
or storage of electricity or to offset natural gas usage. Any program
that allocates additional moneys to research, development, and
demonstration shall be developed in collaboration with the Energy
Commission to ensure there is no duplication of efforts, and adopted
by the commission through a rulemaking or other appropriate public
proceeding. Any grant awarded by the commission for research,
development, and demonstration shall be approved by the full
commission at a public meeting. This subdivision does not prohibit
the commission from continuing to allocate moneys to research,
development, and demonstration pursuant to the self-generation
incentive program for distributed generation resources originally
established pursuant to Chapter 329 of the Statutes of 2000, as
modified pursuant to Section 379.6.
(2) The Legislature finds and declares that a program that
provides a stable source of monetary incentives for eligible solar
energy systems will encourage private investment sufficient to make
solar technologies cost effective.
(3) On or before June 30, 2009, and by June 30th of every year
thereafter, the commission shall submit to the Legislature an
assessment of the success of the California Solar Initiative program.
That assessment shall include the number of residential and
commercial sites that have installed solar thermal devices for which
an award was made pursuant to subdivision (b) and the dollar value of
the award, the number of residential and commercial sites that have
installed solar energy systems, the electrical generating capacity of
the installed solar energy systems, the cost of the program, total
electrical system benefits, including the effect on electrical
service rates, environmental benefits, how the program affects the
operation and reliability of the electrical grid, how the program has
affected peak demand for electricity, the progress made toward
reaching the goals of the program, whether the program is on schedule
to meet the program goals, and recommendations for improving the
program to meet its goals. If the commission allocates additional
moneys to research, development, and demonstration that explores
solar technologies and other distributed generation technologies
pursuant to paragraph (1), the commission shall include in the
assessment submitted to the Legislature, a description of the
program, a summary of each award made or project funded pursuant to
the program, including the intended purposes to be achieved by the
particular award or project, and the results of each award or
project.
(d) (1) The commission shall not impose any charge upon the
consumption of natural gas, or upon natural gas ratepayers, to fund
the California Solar Initiative.
(2) Notwithstanding any other provision of law, any charge imposed
to fund the program adopted and implemented pursuant to this section
shall be imposed upon all customers not participating in the
California Alternate Rates for Energy (CARE) or family electric rate
assistance (FERA) programs, including those residential customers
subject to the rate cap required by Section 80110 of the Water Code
for existing baseline quantities or usage up to 130 percent of
existing baseline quantities of electricity.
(3) The costs of the program adopted and implemented pursuant to
this section may not be recovered from customers participating in the
California Alternate Rates for Energy or CARE program established
pursuant to Section 739.1, except to the extent that program costs
are recovered out of the nonbypassable system benefits charge
authorized pursuant to Section 399.8.
(e) In implementing the California Solar Initiative, the
commission shall ensure that the total cost over the duration of the
program does not exceed three billion five hundred fifty million
eight hundred thousand dollars ($3,550,800,000). The financial
components of the California Solar Initiative shall consist of the
following:
(1) Programs under the supervision of the commission funded by
charges collected from customers of San Diego Gas and Electric
Company, Southern California Edison Company, and Pacific Gas and
Electric Company. The total cost over the duration of these programs
shall not exceed two billion three hundred sixty-six million eight
hundred thousand dollars ($2,366,800,000) and includes moneys
collected directly into a tracking account for support of the
California Solar Initiative.
(2) Programs adopted, implemented, and financed in the amount of
seven hundred eighty-four million dollars ($784,000,000), by charges
collected by local publicly owned electric utilities pursuant to
Section 387.5. Nothing in this subdivision shall give the commission
power and jurisdiction with respect to a local publicly owned
electric utility or its customers.
(3) Programs for the installation of solar energy systems on new
construction (New Solar Homes Partnership Program), administered by
the Energy Commission, and funded by charges in the amount of four
hundred million dollars ($400,000,000), collected from customers of
San Diego Gas and Electric Company, Southern California Edison
Company, and Pacific Gas and Electric Company. If the commission is
notified by the Energy Commission that funding available pursuant to
Section 25751 of the Public Resources Code for the New Solar Homes
Partnership Program has been exhausted, the commission may require an
electrical corporation to continue administration of the program
pursuant to the guidelines established for the program by the Energy
Commission, until the funding limit authorized by this paragraph has
been reached. The commission, in consultation with the Energy
Commission, shall supervise the administration of the continuation of
the New Solar Homes Partnership Program by an electrical
corporation. An electrical corporation may elect to have a third
party, including the Energy Commission, administer the utility's
continuation of the New Solar Homes Program. After the exhaustion of
funds, the Energy Commission shall notify the Joint Legislative
Budget Committee 30 days prior to the continuation of the program.
(4) The changes made to this subdivision by the act adding this
paragraph do not authorize the levy of a charge or any increase in
the amount collected pursuant to any existing charge, nor do the
changes add to, or detract from, the commission's existing authority
to levy or increase charges.
SEC. 89. SEC. 48. Section 5900 of
the Public Utilities Code is amended to read:
5900. (a) The holder of a state franchise shall comply with the
provisions of Sections 53055, 53055.1, 53055.2, and 53088.2 of the
Government Code, and any other customer service standards pertaining
to the provision of video service established by federal law or
regulation or adopted by subsequent enactment of the Legislature. All
customer service and consumer protection standards under this
section shall be interpreted and applied to accommodate newer or
different technologies while meeting or exceeding the goals of the
standards.
(b) The holder of a state franchise shall comply with provisions
of Section 637.5 of the Penal Code and the privacy standards
contained in Section 551 et seq. of Title 47 of the United States
Code.
(c) The local entity shall enforce all of the customer service and
protection standards of this section with respect to complaints
received from residents within the local entity's jurisdiction, but
it may not adopt or seek to enforce any additional or different
customer service or other performance standards under Section 53055.3
or subdivision (q), (r), or (s) of Section 53088.2 of the Government
Code, or any other authority or provision of law.
(d) The local entity shall, by ordinance or resolution, provide a
schedule of penalties for any material breach by a holder of a state
franchise of this section. No monetary penalties shall be assessed
for a material breach if it is out of the reasonable control of the
holder. Further, no monetary penalties may be imposed prior to
January 1, 2007. Any schedule of monetary penalties adopted pursuant
to this section shall in no event exceed five hundred dollars ($500)
for each day of each material breach, not to exceed one thousand five
hundred dollars ($1,500) for each occurrence of a material breach.
However, if a material breach of this section has occurred, and the
local entity has provided notice and a fine or penalty has been
assessed, and if a subsequent material breach of the same nature
occurs within 12 months, the penalties may be increased by the local
entity to a maximum of one thousand dollars ($1,000) for each day of
each material breach, not to exceed three thousand dollars ($3,000)
for each occurrence of the material breach. If a third or further
material breach of the same nature occurs within those same 12
months, and the local entity has provided notice and a fine or
penalty has been assessed, the penalties may be increased to a
maximum of two thousand five hundred dollars ($2,500) for each day of
each material breach, not to exceed seven thousand five hundred
dollars ($7,500) for each occurrence of the material breach. With
respect to video providers subject to a franchise or license, any
monetary penalties assessed under this section shall be reduced
dollar-for-dollar to the extent any liquidated damage or penalty
provision of a current cable television ordinance, franchise
contract, or license agreement imposes a monetary obligation upon a
video provider for the same customer service failures, and no other
monetary damages may be assessed.
(e) The local entity shall give the video service provider written
notice of any alleged material breach of the customer service
standards of this division and allow the video provider at least 30
days from receipt of the notice to remedy the specified material
breach.
(f) A material breach for the purposes of assessing penalties
shall be deemed to have occurred for each day within the jurisdiction
of each local entity, following the expiration of the period
specified in subdivision (e), that any material breach has not been
remedied by the video service provider, irrespective of the number of
customers or subscribers affected.
(g) Any penalty assessed pursuant to this section shall be
remitted to the local entity, which shall submit one-half of the
penalty to the Digital Divide Account established in Section 280.5.
(h) Any interested person may seek judicial review of a decision
of the local entity in a court of appropriate jurisdiction. For this
purpose, a court of law shall conduct a de novo review of any issues
presented.
(i) This section shall not preclude a party affected by this
section from utilizing any judicial remedy available to that party
without regard to this section. Actions taken by a local legislative
body, including a local franchising entity, pursuant to this section
shall not be binding upon a court of law. For this purpose, a court
of law shall conduct de novo review of any issues presented.
(j) For purposes of this section, "material breach" means any
substantial and repeated failure of a video service provider to
comply with service quality and other standards specified in
subdivision (a).
(k) The Office of Ratepayer Advocates shall have authority to
advocate on behalf of video subscribers regarding renewal of a
state-issued franchise and enforcement of this section, and Sections
5890 and 5950. For this purpose, the office shall have access to any
information in the possession of the commission subject to all
restrictions on disclosure
of that information that are applicable to the commission.
SEC. 90. Section 43002.3 of the Revenue and
Taxation Code is amended to read:
43002.3. (a) For purposes of the collection of the fees specified
in subdivision (a) of Section 25174 and the fee imposed pursuant to
Section 25174.1 of the Health and Safety Code, a determination by the
Department of Toxic Substances Control that a waste is nonhazardous
shall be effective only for wastes disposed of, or submitted for
disposal, commencing with the month during which the Department of
Toxic Substances Control receives a completed application for that
determination.
(b) This section applies only to fees due for the 2013 and earlier
reporting periods.
(c) This section shall remain in effect only until January 1,
2014, and as of that date is repealed, unless a later enacted
statute, that is enacted before January 1, 2014, deletes or extends
that date.
SEC. 91. Section 43005.5 of the Revenue and
Taxation Code is repealed.
SEC. 92. Section 43012 of the Revenue and
Taxation Code is amended to read:
43012. (a) For purposes of this part, "taxpayer" means any person
liable for the payment of a fee or a tax specified in paragraph (1)
of subdivision (a) of Section 25173.6 of the Health and Safety Code
or subdivision (a) of Section 25174 of the Health and Safety Code, or
imposed by Section 105310 or 25174.1 of the Health and Safety Code.
(b) This section shall remain in effect only until January 1,
2014, and as of that date is repealed, unless a later enacted
statute, that is enacted before January 1, 2014, deletes or extends
that date.
SEC. 93. Section 43012 is added to the Revenue
and Taxation Code, to read:
43012. (a) For purposes of this part, "taxpayer" means any person
liable for the payment of a fee or a tax specified in paragraph (1)
of subdivision (a) of Section 25173.6 of the Health and Safety Code
or subdivision (a) of Section 25174 of the Health and Safety Code, or
imposed by Section 105310 of the Health and Safety Code.
(b) This section shall become operative on January 1, 2014, and
shall apply to the fees due for the 2014 reporting period and
thereafter, including the prepayments due following the reporting
period and the final reconciliation fee due and payable following the
reporting period.
SEC. 94. Section 43051 of the Revenue and
Taxation Code is amended to read:
43051. (a) The fee imposed pursuant to Section 25174.1 of the
Health and Safety Code shall be administered and collected by the
board in accordance with this part.
(b) This section applies only to fees due for the 2013 and earlier
reporting periods.
(c) This section shall remain in effect only until January 1,
2014, and as of that date is repealed, unless a later enacted
statute, that is enacted before January 1, 2014, deletes or extends
that date.
SEC. 95. Section 43053 of the Revenue and
Taxation Code is amended to read:
43053. The fees imposed pursuant to Sections 25205.2, 25205.5,
and 25205.14 of the Health and Safety Code shall be administered and
collected by the board in accordance with this part.
SEC. 96. Section 43055 of the Revenue and
Taxation Code is repealed.
SEC. 97. Section 43101 of the Revenue and
Taxation Code is amended to read:
43101. Every person, as defined in Section 25118 of the Health
and Safety Code, who is subject to the fees specified in Section
105190 of the Health and Safety Code, and imposed pursuant to
Sections 25205.2, 25205.5, 25205.6, and 25205.14 of the Health and
Safety Code, shall register with the board on forms provided by the
board.
SEC. 98. Section 43151 of the Revenue and
Taxation Code is amended to read:
43151. (a) The fee imposed pursuant to Section 25174.1 of the
Health and Safety Code, which is a tax collected and administered
under Section 43051, is due and payable to the board monthly on or
before the last day of the third calendar month following the end of
the calendar month for which the fee is due. Each taxpayer shall, on
or before the last day of the third calendar month following the end
of the calendar month for which the fee is due, make out a tax return
for the calendar month, in the form as prescribed by the board,
which may include, but not be limited to, electronic media in
accordance with subdivision (c). The taxpayer shall deliver the
return, together with a remittance of the amount of fee due, to the
office of the board on or before the last day of the third calendar
month following the end of the calendar month for which the fee is
due. Returns shall be authenticated in a form or pursuant to methods
as may be prescribed by the board.
(b) With the approval of the board, a taxpayer who has more than
one facility subject to the taxes collected and administered under
this chapter, may file a combined tax return covering operations at
more than one, or all, of those facilities.
(c) The form required to be submitted by the taxpayer pursuant to
this section shall show, for the taxpayer and for each person from
whom the taxpayer accepted hazardous waste for disposal, all of the
following:
(1) The total amount of hazardous waste subject to the tax and the
amount of the tax for the period covered by the return.
(2) The amount of hazardous waste disposed during the tax period
that is in each of the fee categories described in Section 25174.6 of
the Health and Safety Code, and the amount of disposal fees paid for
each of those categories.
(3) The amount of hazardous waste received for disposal by the
taxpayer's facility or facilities that is exempt from the payment of
disposal fees pursuant to Section 25174.7 of the Health and Safety
Code, including a copy of any written documentation provided for any
shipment or shipments of hazardous waste received by a facility.
(4) The amount of RCRA hazardous waste which is treated by the
taxpayer so that the waste is considered to be non-RCRA hazardous
waste for purposes of the disposal fee, pursuant to paragraph (2) of
subdivision (b) of Section 25174.6.
(d) (1) Each taxpayer shall maintain records documenting all of
the following information for each person who has submitted hazardous
waste for disposal by the taxpayer during each calendar month and
shall make those records available for review and inspection at the
request of the board or the department:
(A) The tonnage of hazardous waste submitted for disposal.
(B) The type of hazardous waste disposed as specified by Section
25174.6 of the Health and Safety Code, including both of the
following:
(i) Any characterization of the hazardous waste made by the person
submitting the hazardous waste for disposal.
(ii) Any other documentation which the taxpayer maintains
regarding the type of hazardous waste disposed to land.
(C) Any representation made by the person submitting the hazardous
waste regarding any exemptions that may be applicable to the payment
of disposal fees.
(D) For any RCRA hazardous waste which is treated by the taxpayer
so that the waste is considered to be non-RCRA hazardous waste for
purposes of the disposal fee, pursuant to paragraph (2) of
subdivision (b) of Section 25174.6, all of the following information:
(i) The tonnage and type of hazardous waste.
(ii) The method or methods used to treat the hazardous waste.
(iii) Operating records documenting the treatment activity.
(iv) Representative and statistical waste sampling and analysis
data demonstrating that the waste is no longer RCRA hazardous waste
at the time of disposal.
(2) If the hazardous wastes submitted for disposal were
accompanied by a manifest, the information specified in paragraph (1)
shall be maintained by manifest number for each calendar month.
(e) This section applies only to fees due for the 2013 and earlier
reporting periods.
(f) This section shall remain in effect only until January 1,
2014, and as of that date is repealed, unless a later enacted
statute, that is enacted before January 1, 2014, deletes or extends
that date.
SEC. 99. Section 43152 of the Revenue and
Taxation Code is amended to read:
43152. (a) The board shall establish and annually submit to each
generator of hazardous waste a consolidated statement of fees
required to be paid by the generator to the board pursuant to
Sections 25205.2, 25205.5, 25205.6, and 25205.14 of the Health and
Safety Code.
(b) Notwithstanding any other provision of law, any return or
other document that is required to be submitted by a generator of
hazardous waste to the board in connection with the payment of any
fee specified in subdivision (a) shall instead be submitted together
with the consolidated statement made pursuant to subdivision (a).
SEC. 100. Section 43152.7 of the Revenue and
Taxation Code is amended to read:
43152.7. (a) The fee imposed pursuant to Section 25205.5 of the
Health and Safety Code that is collected and administered under
Section 43053 is due and payable on the last day of the second month
following the end of the calendar year.
(b) Every generator subject to the fee imposed pursuant to Section
25205.5 of the Health and Safety Code shall file an annual return in
the form as prescribed by the board, which may include, but not be
limited to, electronic media and pay the proper amount of fee due.
The board shall credit the prepayment made pursuant to Section
43152.15 against the amount due with the annual return. Returns shall
be authenticated in a form or pursuant to methods as may be
prescribed by the board.
SEC. 101. Section 43152.10 of the Revenue and
Taxation Code is amended to read:
43152.10. The fees collected and administered under Sections
43053 and 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.
SEC. 102. Section 43152.11 of the Revenue and
Taxation Code is repealed.
SEC. 103. Section 43152.15 of the Revenue and
Taxation Code is amended to read:
43152.15. (a) In addition to the requirements imposed pursuant to
Section 43152.7, every generator subject to the fees specified in
Sections 25205.5 and 25205.9 of the Health and Safety Code shall make
a prepayment of the fee by site to the board which is due and
payable on or before the last day of August of each calendar year.
The prepayment shall be accompanied by a prepayment return in a form
prescribed by the board.
(b) For purposes of subdivision (a), the amount of the prepayment
shall be not less than either of the following:
(1) One hundred percent of the applicable fee imposed on the
generator, based on the generator's fee category as specified in
Section 25205.5 of the Health and Safety Code for the total volume of
hazardous waste generated by site during the period January 1 to
June 30, inclusive, of the current calendar year in which the
prepayment is due. The prepayment may be offset by fees paid by the
generator for a local hazardous waste management program conducted by
a local agency pursuant to a memorandum of understanding with the
department which includes the following:
(A) The local fees are paid for the current calendar year for
which the prepayment is due or the local fees are paid for the
preceding calendar year, if fees have not been paid for the current
year.
(B) The offset is subject to the limitations and requirements
specified in subdivision (c) of Section 43152.7.
(2) Fifty percent of the generator fee liability paid to the board
by site for the preceding calendar year provided the generator paid
a generator fee liability to the board for the preceding calendar
year for that site.
(c) The board shall credit the amount of the prepayment against
the amount of the fee due and payable for the calendar year in which
the prepayment is due.
(d) Notwithstanding any other provision in this section, the
prepayment of a generator fee shall not be required for any amount
due that is less than five hundred dollars ($500), or for any other
amount due if the board determines that prepayment is not in the best
economic interest of the program.
(e) Any person required to make a prepayment pursuant to this
section who fails to make a prepayment by the due date specified in
subdivision (a) shall also pay penalties and interest in accordance
with Section 43155.
(f) This section applies only to fees due for the 2013 and earlier
reporting periods.
(g) This section shall remain in effect only until January 1,
2014, and as of that date is repealed, unless a later enacted
statute, that is enacted before January 1, 2014, deletes or extends
that date.
SEC. 104. Section 43152.15 is added to the
Revenue and Taxation Code, to read:
43152.15. (a) In addition to the requirements imposed pursuant to
Section 43152.7, every generator subject to the fees specified in
Section 25205.5 of the Health and Safety Code shall make a prepayment
of the fee by site to the board which is due and payable on or
before the last day of August of each calendar year. The prepayment
shall be accompanied by a prepayment return in a form prescribed by
the board.
(b) For purposes of subdivision (a), the amount of the prepayment
shall be not less than either of the following:
(1) One hundred percent of the applicable fee imposed on the
generator, based on the generation and handling fee specified in
Section 25205.5 of the Health and Safety Code for the total volume of
hazardous waste generated by site during the period January 1 to
June 30, inclusive, of the current calendar year in which the
prepayment is due. The prepayment may be offset by fees paid by the
generator for a local hazardous waste management program conducted by
a local agency pursuant to a memorandum of understanding with the
department which includes the following:
(A) The local fees are paid for the current calendar year for
which the prepayment is due or the local fees are paid for the
preceding calendar year, if fees have not been paid for the current
year.
(B) The offset is subject to the limitations and requirements
specified in subdivision (c) of Section 43152.7.
(2) Fifty percent of the generation and handling fee liability
paid to the board by site for the preceding calendar year provided
the generator paid a generation and handling fee liability to the
board for the preceding calendar year for that site.
(c) The board shall credit the amount of the prepayment against
the amount of the fee due and payable for the calendar year in which
the prepayment is due.
(d) Notwithstanding any other provision in this section, the
prepayment of a generation and handling fee shall not be required for
any amount due that is less than five hundred dollars ($500), or for
any other amount due if the board determines that prepayment is not
in the best economic interest of the program.
(e) Any person required to make a prepayment pursuant to this
section who fails to make a prepayment by the due date specified in
subdivision (a) shall also pay penalties and interest in accordance
with Section 43155.
(f) This section shall become operative on January 1, 2014, and
shall apply to the fees due for the 2014 reporting period and
thereafter, including the prepayments due following the reporting
period and the final reconciliation fee due and payable following the
reporting period.
SEC. 105. Section 43152.16 of the Revenue and
Taxation Code is repealed.
SEC. 106. SEC. 49. The Legislature
finds and declares all of the following:
(a) The Department of Transportation owns real property commonly
known as 2829 Juan Street, San Diego, which served as the department'
s District 11 administrative headquarters until 2006.
(b) Subsequently, the Department of Transportation constructed a
new District 11 administrative headquarters and relocated its staff
to the new facility, and no longer needs the property at 2829 Juan
Street, and is desirous of transferring it.
(c) It has cost the Department of Transportation over five hundred
thousand dollars ($500,000) to continue to own and maintain the
property at 2829 Juan Street, and future annual costs to maintain the
property will be at least eighty thousand dollars ($80,000)
annually. It is also estimated to cost between three million dollars
($3,000,000) and six million dollars ($6,000,000) to remove
antiquated and obsolete buildings and fixtures from the property.
(d) The property at 2829 Juan Street is immediately adjacent to
property owned by the Department of Parks and Recreation, which is
operated as Old Town San Diego State Historic Park and which is one
of the most popular and most visited parks in the state park system.
(e) The Department of Parks and Recreation desires to have the
property at 2829 Juan Street transferred to it, so that it can be
incorporated into Old Town San Diego State Historic Park, or
developed in a manner than complements the state park.
(f) It is adequate consideration for the Department of
Transportation to transfer the property at 2829 Juan Street to the
Department of Parks and Recreation if the recipient department
assumes all ongoing maintenance and ownership liabilities as well as
all future development costs, including the removal of all structures
and fixtures that the recipient department concludes are not
consistent with the development of Old Town San Diego State Historic
Park.
SEC. 107. SEC. 50. Section 104.22 is
added to the Streets and Highways Code, to read:
104.22. (a) Notwithstanding any other law, the Department of
Transportation shall, consistent with Article XIX of the California
Constitution, transfer to the Department of Parks and Recreation the
real property in the City of San Diego between Taylor Street and
Wallace Street and between Juan Street and Calhoun Street, which was
acquired for highway purposes and which was previously used by the
department as its District 11 administrative headquarters, and which
is commonly known as 2829 Juan Street, San Diego.
(b) The real property transferred pursuant to subdivision (a)
shall be incorporated into the state park system upon its transfer to
the Department of Parks and Recreation.
(c) On and after the date of transfer, the Department of
Transportation shall have no continuing obligation relating to the
ownership, maintenance, or control of the transferred real property,
and all obligations of ownership, maintenance, and control shall
thereafter be borne by the Department of Parks and Recreation.
(d) The transfer of the real property required by this section
shall be completed within 90 days of the effective date of the act
enacting this section in the 2013-14 Regular Session of the
Legislature.
(e) The transfer of the real property required by this section
serves a public purpose.
SEC. 108. SEC. 51. Section 10001.7
is added to the Water Code, to read:
10001.7. The Director of Finance shall notify the Joint
Legislative Budget Committee of any hydroelectric power project
relicensing proposal for the Federal Energy Regulatory Commission
that, if approved by the department, would obligate the General Fund
in the current or future years. The department may approve that
relicensing proposal not less than 30 days after the Director of
Finance notifies the Joint Legislative Budget Committee.
SEC. 109. SEC. 52. Section 85200 of
the Water Code is amended to read:
85200. (a) The Delta Stewardship Council is hereby established as
an independent agency of the state.
(b) The council shall consist of seven voting members, of which
four members shall be appointed by the Governor and confirmed by the
Senate, one member shall be appointed by the Senate Committee on
Rules, one member shall be appointed by the Speaker of the Assembly,
and one member shall be the Chairperson of the Delta Protection
Commission. Initial appointments to the council shall be made by July
1, 2010.
(c) (1) (A) The initial terms of two of the four members appointed
by the Governor shall be four years.
(B) The initial terms of two of the four members appointed by the
Governor shall be six years.
(C) The initial terms of the members appointed by the Senate
Committee on Rules and the Speaker of the Assembly shall be four
years.
(D) Upon the expiration of each term described in subparagraphs
(A), (B), or (C), the term of each succeeding member shall be four
years.
(2) The Chairperson of the Delta Protection Commission shall serve
as a member of the council for the period during which he or she
holds the position as commission chairperson.
(d) Any vacancy shall be filled by the appointing authority within
60 days. If the term of a council member expires, and no successor
is appointed within the allotted timeframe, the existing member may
serve up to 180 days beyond the expiration of his or her term.
(e) The council members shall select a chairperson from among
their members, who shall serve for not more than four years in that
capacity.
(f) The council shall meet once a month in a public forum. At
least two meetings each year shall take place at a location within
the Delta.
SEC. 110. SEC. 53. Section 34 of
Chapter 718 of the Statutes of 2010 is repealed.
SEC. 111. SEC. 54. 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. 112. SEC. 55. The balance of
the appropriation made in Schedule (1) of Item 3850-301-6051 of
Section 2.00 the Budget Act of 2010 (Chapter 724, Statutes 2010) is
hereby reappropriated to the Coachella Valley Mountains Conservancy,
to be available for expenditure for capital outlay or local
assistance until June 30, 2016.
SEC. 113. SEC. 56. 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.
