Bill Text: CA AB92 | 2019-2020 | Regular Session | Chaptered
Bill Title: Public resources: omnibus trailer bill.
Spectrum: Committee Bill
Status: (Passed) 2020-06-29 - Chaptered by Secretary of State - Chapter 18, Statutes of 2020. [AB92 Detail]
Download: California-2019-AB92-Chaptered.html
Assembly Bill
No. 92
CHAPTER 18
An act to amend Section 19620.15 of the Business and Professions Code, to add Part 4 (commencing with Section 19700) to Division 9 of the Food and Agricultural Code, to amend Section 8878.109 of the Government Code, to amend Section 25215.5 of the Health and Safety Code, to add Chapter 6 (commencing with Section 4810) to Part 2.5 of Division 4 of the Public Resources Code, and to amend Sections 1525, 1552, 12879.7, and 13160 of the Water
Code, relating to public resources, and making an appropriation therefor, to take effect immediately, bill related to the budget.
[
Approved by
Governor
June 29, 2020.
Filed with
Secretary of State
June 29, 2020.
]
LEGISLATIVE COUNSEL'S DIGEST
AB 92, Committee on Budget.
Public resources: omnibus trailer bill.
(1) Existing law requires a tax return filed with the California Department of Tax and Fee Administration (CDTFA) that reports gross receipts for sales and use tax purposes to segregate the gross receipts of the seller and the sales price of the property on a line or a separate form when the place of sale in this state or for use in this state is on or within the real property of a state-designated fair, as defined, or any real property of a state-designated fair that is leased to another party. Existing law requires, on or before November 1 of each year, the CDTFA to report to the Department of Finance the total gross receipts segregated on these tax returns, and that 3/4 of 1% of the
total gross receipts be included in the next annual Governor’s Budget for use by the Department of Food and Agriculture for allocation to fairs and that those funds be transferred by the Controller to the Fair and Exposition Fund in the State Treasury, as prescribed.
This bill would, for the 2019–20 fiscal year and all subsequent fiscal years, make the total gross receipts subject to review by the CDTFA for errors. The bill would require the CDTFA to note any identified errors and the approximate impact of those errors on the total gross receipts in its report to the Department of Finance to allow an adjusted total gross receipts amount to be determined for the purpose of calculating the amount to be included in the Governor’s Budget for use by the Department of Food and Agriculture for allocation to fairs.
(2) The Prevention of Cruelty to Farm Animals Act, approved by the voters
as Proposition 12 at the November 6, 2018, statewide general election, prohibits (A) a farm owner or operator within the state from knowingly causing any covered animal to be confined in a cruel manner and (B) a business owner or operator from knowingly engaging in the sale within the state of certain items that the business owner or operator knows or should know is the product of a covered animal who was confined in a cruel manner. The act defines a covered animal to mean a calf raised for veal, breeding pig, or egg-laying hen who is kept on a farm. A violation of the act is a misdemeanor. The act requires the Department of Food and Agriculture and the State Department of Public Health to jointly promulgate rules and regulations for the implementation of the act.
This bill would require the Secretary of Food and Agriculture to adopt, by regulation, fees to cover the Department of Food and Agriculture’s reasonable regulatory costs of the administration,
implementation, and enforcement of laws governing the confinement of animals, as described in Proposition 12, as prescribed. The bill would require the fees to be separately accounted for in the Department of Agriculture Account, Department of Food and Agriculture Fund.
(3) The California Constitution prohibits the Legislature from creating any debt or liability that, individually or in the aggregate, exceeds $300,000, unless an exception applies. The Constitution authorizes the Legislature to reduce the amount of the indebtedness authorized by law at any time after the approval of law by the people to an amount not less than the amount contracted at the time of the reduction.
The Earthquake Safety and Public Buildings Rehabilitation Bond Act of 1990 authorizes the issuance of bonds in the amount of $300,000,000 to finance, among other things, the costs of retrofitting,
reconstruction, repair, replacement, or relocation of state buildings or facilities that are seismically unsafe.
The Water Conservation Bond Law of 1988 authorizes the issuance of bonds in the amount of $60,000,000 to finance capital outlay water conservation projects and programs to help meet the growing demand for clean and abundant water supplies in the state.
This bill would reduce the amount of indebtedness authorized by the Earthquake Safety and Public Buildings Rehabilitation Bond Act of 1990 and the Water Conservation Bond Law of 1988 to $292,510,000 and $54,765,000, respectively.
(4) The Lead-Acid Battery Recycling Act of 2016 prohibits a person from disposing, or attempting to dispose, of a lead-acid battery at a solid waste facility or on or in any land, surface waters, watercourses, or marine waters, but authorizes a person to
dispose of a lead-acid battery at certain locations. The act imposes a manufacturer battery fee on a manufacturer of lead-acid batteries for each lead-acid battery it sells at retail to a person in California, or that it sells to a dealer, wholesaler, distributor, or other person for retail sale in California.
The act creates in the State Treasury the Lead-Acid Battery Cleanup Fund and requires that the fees collected pursuant to the act, except for specified administrative expenses, be deposited into the fund. The act provides that moneys in the fund are available upon appropriation by the Legislature to the Department of Toxic Substances Control for specified activities, including, among others, the investigation or site evaluation of any area of the state that is reasonably suspected to have been contaminated by the operation of a lead-acid battery recycling facility.
This bill would explicitly require moneys in the fund
to be expended, upon appropriation by the Legislature, on specified activities to protect public health and the environment from hazardous substances and hazardous waste at or from the former Exide Technologies lead-acid battery recycling facility in the City of Vernon. The bill would require that, notwithstanding any other law, any costs incurred by the department using moneys from the fund that are recovered be deposited into the fund. The bill would also make nonsubstantive changes.
(5) Existing law establishes the Department of Forestry and Fire Protection in the Natural Resources Agency to provide fire protection and prevention services, as specified. Existing law requires the Director of Forestry and Fire Protection to work cooperatively with other public agencies of local, state, and federal government to encourage these agencies to undertake forest resource improvement work, as provided. Existing law authorizes the
director to enter into contracts or cooperative agreements with these agencies to provide, among other things, technical assistance and necessary supervisorial personnel. Under existing federal law, the United States Secretary of Agriculture, with respect to National Forest System land, and the United States Secretary of the Interior, with respect to Bureau of Land Management land, are authorized to enter into good neighbor agreements with a Governor to carry out specified forest, rangeland, and watershed restoration services, as provided.
This bill would establish in the State Treasury the Good Neighbor Authority Fund to be administered by the Department of Forestry and Fire Protection under the direction of the Secretary of the Natural Resources Agency. The bill would make moneys in the fund available for expenditure, upon appropriation by the Legislature, and as authorized by federal law, and to the extent not in conflict with federal law or federal Good Neighbor
Authority agreements, for state departments or agencies to undertake forest health and fuels reduction projects on federal lands executed through these agreements, and to fund costs associated with planning, implementing, and maintaining these projects, as provided. The bill would require the fund to be the depository for revenues derived from the sale of forest products from federal lands, as authorized by federal law, and to the extent not in conflict with federal law or federal Good Neighbor Authority agreements, to support those activities. The bill would authorize state departments or agencies engaged in federal Good Neighbor Authority agreements to accept grants and donations, as provided, to be transferred to the Department of Forestry and Fire Protection and deposited into the fund for use by state departments or agencies engaged in federal Good Neighbor Authority agreements to support those activities at the direction of the Secretary of the Natural Resources Agency.
(6) Under existing law, the State Water Resources Control Board administers a water rights program pursuant to which the state board grants and revokes permits and licenses to appropriate water. Existing law requires a person who holds a permit or license to appropriate water, leases water pursuant to specified provisions of law, or files a specified application, registration, petition, request, or statement relating to water use to pay fees imposed by the state board, calculated in accordance with a fee schedule adopted by the state board. Existing law establishes the Water Rights Fund, which consists of various fees and penalties imposed pursuant to the water rights program, and authorizes the state board to use moneys in the fund, upon appropriation by the Legislature, for the administration of the water rights program.
Existing law authorizes a groundwater sustainability agency or local agency to
apply for, and the state board to issue, a conditional temporary permit or conditional temporary change order for the diversion of surface water to underground storage for beneficial use that advances the sustainability goal of a groundwater basin, as specified.
This bill would require the state board, in setting the fee schedule for the above-specified conditional temporary permit or conditional temporary change order, to also include an amount estimated by the state board, in consultation with the Department of Fish and Wildlife, necessary to recover costs incurred by the department under those provisions. The bill would provide that moneys in the Water Rights Fund are available for expenditure, upon appropriation by the Legislature, by the department for purposes of carrying out those provisions, consistent with the amounts estimated by the state board. The bill would also make technical changes.
(7) Under existing law, the State Water Resources Control Board and the California regional water quality control boards prescribe waste discharge requirements in accordance with the Federal Water Pollution Control Act (federal act) and the Porter-Cologne Water Quality Control Act. Under the federal act, any applicant seeking a federal license for an activity that may result in any discharge into the navigable waters of the United States is required to first seek a state water quality certification, as specified. The Porter-Cologne Water Quality Control Act authorizes the state board to certify or provide a statement to a federal agency, as required pursuant to federal law, that there is reasonable assurance that an activity of any person subject to the jurisdiction of the state board will not reduce water quality below applicable standards. The federal act provides that if a state fails or refuses to act on a request for this certification within
a reasonable period of time, which shall not exceed one year after receipt of the request, then the state certification requirements are waived with respect to the federal application.
The California Environmental Quality Act (CEQA) requires a lead agency, as defined, to prepare, or cause to be prepared, and certify the completion of an environmental impact report for a project that it proposes to carry out or approve that may have a significant effect on the environment or to adopt a negative declaration if it finds that the project will not have that effect. CEQA also requires a lead agency to prepare a mitigated negative declaration for a project that may have a significant effect on the environment if revisions in the project would avoid or mitigate that effect and there is no substantial evidence that the project, as revised, would have a significant
effect on the environment.
This bill would authorize the state board to issue a certificate or statement required by any federal agency under federal water quality control laws that an activity subject to the jurisdiction of the state board will comply with applicable requirements of that federal law or any other appropriate requirements of state law. The bill would authorize the state board to issue these certificates or statements before completion of any environmental review required under CEQA if the state board determines that waiting until completion of environmental review poses a substantial risk of waiver of the state’s certification authority under federal water quality control laws. The bill would require the state board, to the extent authorized by federal law, to reserve authority to reopen and revise the certificate or statement as appropriate
based on the information provided in the environmental document prepared for the project.
(8) Existing law creates the Coachella Valley Mountains Conservancy in the Natural Resources Agency and, among other things, authorizes the conservancy to acquire and hold specified lands in the Coachella Valley and the surrounding mountains for certain open-space, wildlife protection, and recreational uses.
Existing law establishes the Safe Neighborhood Parks, Clean Water, Clean Air, and Coastal Protection Bond Fund, available upon appropriation by the Legislature, for purposes of parks and resources improvement, including $5,000,000 to the Coachella Valley Mountains Conservancy for the acquisition, development, enhancement, and protection of land, and for related administrative
costs.
This bill would appropriate $73,000 from the Safe Neighborhood Parks, Clean Water, Clean Air, and Coastal Protection Bond Fund to the Coachella Valley Mountains Conservancy.
(9) This bill would declare that it is to take effect immediately as a bill providing for appropriations related to the Budget Bill.
Digest Key
Vote: MAJORITY Appropriation: YES Fiscal Committee: YES Local Program: NOBill Text
The people of the State of California do enact as follows:
SECTION 1.
Section 19620.15 of the Business and Professions Code is amended to read:19620.15.
(a) Notwithstanding any other law, a return filed with the California Department of Tax and Fee Administration (CDTFA) to report gross receipts for sales and use tax purposes shall segregate the gross receipts of the seller and the sales price of the property on a line or a separate form as prescribed by the CDTFA when the place of sale in this state or for use in this state is on or within the real property of a state-designated fair or any real property of a state-designated fair that is leased to another party.(b) For purposes of this section, “state-designated fair” means a state-designated fair as defined in Sections 19418, 19418.1, 19418.2, and 19418.3.
(c) The CDTFA shall add a line to a
current return, or develop a separate form for purposes of this section.
(d) (1) The CDTFA shall report the amount of the total gross receipts segregated on the returns filed pursuant to subdivision (a) to the Department of Finance on or before November 1 of each year.
(2) The total gross receipts shall be subject to review by the CDTFA for errors. The review may be a review of a sample of returns. The CDTFA shall note any errors identified in the review and the approximate impact of those errors on the total gross receipts in its report to the Department of Finance to allow an adjusted total gross receipt amount to be determined.
(3) Paragraph (2) shall apply retroactively to the 2019–20 fiscal year and to all subsequent fiscal years for the purpose of calculating the amount included in the annual Governor’s Budget for the Department of Food and Agriculture pursuant to subdivision (f).
(e) The CDTFA shall estimate the total gross receipts segregated for the 2019–20 fiscal year by January 31, 2019, based on the third quarter of 2018. An amount equal to three-quarters of 1 percent of this estimated amount shall be included in the Governor’s revised budget in May 2019 for allocation to fairs pursuant to Section 19620.2. The CDTFA shall reconcile this first-year estimate with actual return data from the full 2018–19 fiscal year, and then adjust this figure as appropriate as the amount to be reported to the Department of Finance on November 1, 2019.
(f) An amount equal to three-quarters of 1 percent of the total amount of gross receipts, or adjusted gross receipts, reported to the Department of Finance specified in subdivision (d) shall be included in the next annual Governor’s Budget for the Department of Food and Agriculture for allocation to fairs pursuant to Section 19620.2. Upon the enactment of the annual Budget Act, the amount appropriated by the Legislature to the Department of Food and Agriculture pursuant to this section shall be transferred by the Controller to the Fair and Exposition Fund in the State Treasury, and shall be continuously appropriated and allocated pursuant to Section 19620.2.
(g) The CDTFA shall be paid the actual cost for administering the provisions of this section from the funds appropriated pursuant to subdivision (f) before any allocation is made to fairs in
accordance with Section 19620.2.
(h) (1) Any revenues deposited into the Fair and Exposition Fund pursuant to this section shall only be allocated to a state-designated fair if nonmanagement employees at that state-designated fair, or nonmanagement employees at any real property of that state-designated fair that is leased to another party, are provided the following working conditions:
(A) The employee receives a meal period of not less than 30 minutes for a work period of more than five hours per day, unless the work period per day of the employee is less than six hours and the meal period is waived by mutual consent of both the employer and the employee.
(B) The employee receives a second meal period of not less than 30 minutes for a work period of more than 10 hours per day, unless the work
period per day of the employee is less than 12 hours, the second meal period is waived by mutual consent of both the employer and the employee, and the first meal period was not waived.
(C) Any work in excess of eight hours in one workday, any work in excess of 40 hours in any one workweek, and the first eight hours worked on the seventh day of work in any one workweek is compensated at the rate of no less than one and one-half times the regular rate of pay for an employee.
(D) Any work in excess of 12 hours in one day is compensated at the rate of no less than twice the regular rate of pay for an employee.
(E) Any work in excess of eight hours on any seventh day of a workweek is compensated at the rate of no less than twice the regular rate of pay for an employee.
(2) This subdivision shall not apply to full-time carnival ride operators employed by a traveling carnival.
(3) For purposes of this subdivision, an employee shall not include an employee covered by a valid collective bargaining agreement if that agreement expressly provides for all of the following:
(A) Wages, hours of work, and working conditions of the employees.
(B) Meal periods for the employees, including final and binding arbitration of disputes concerning application of its meal period provisions.
(C) Premium wage rates for all overtime hours worked, and a regular hourly rate of pay of not less than 30 percent more than the state minimum wage.
(i) This section shall
become operative on July 1, 2018.
SEC. 2.
Part 4 (commencing with Section 19700) is added to Division 9 of the Food and Agricultural Code, to read:PART 4. Livestock Confinement
CHAPTER 1. General Provisions
Article 1. Fees
19700.
(a) (1) The secretary shall adopt, by regulation, fees to cover the department’s reasonable regulatory costs of the administration, implementation, and enforcement of laws governing the confinement of animals, as described in Chapter 13.8 (commencing with Section 25990) of Division 20 of the Health and Safety Code.(2) Costs of administration, implementation, and enforcement may include, but are not limited to, costs incurred for the department’s role in registration, certification, inspections, and audits.
(b) (1) The total revenue collected each year through the fees imposed pursuant to this section shall be set at an amount equal
to the expenditure levels set forth in the Budget Act of each fiscal year for the activity described in subdivision (a).
(2) The secretary may adjust the fees each fiscal year to conform to the expenditure levels set forth in the Budget Act for this activity, plus any share of statewide general administrative costs assessed to the Department of Agriculture Account, Department of Food and Agriculture Fund for that fiscal year. Fee adjustments for this purpose shall not be subject to Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code.
(3) If the secretary determines that the revenue collected during the preceding year was greater than, or less than, the expenditure levels set forth in the Budget Act, the secretary may further adjust the fees to compensate for the over or under collection of revenue.
(c) The fees established in subdivision (a) shall include amounts sufficient to repay any amount loaned from the Department of Agriculture Account, Department of Food and Agriculture Fund in the 2020–21 and 2021–22 fiscal years to pay for the department’s reasonable regulatory costs of the administration, implementation, and enforcement conducted under laws governing the confinement of animals, as described in Chapter 13.8 (commencing with Section 25990) of Division 20 of the Health and Safety Code.
(d) The fees collected by the secretary pursuant to subdivision (a) shall be separately accounted for in the Department of Agriculture Account, Department of Food and Agriculture Fund.
SEC. 3.
Section 8878.109 of the Government Code is amended to read:8878.109.
Bonds in the total amount of two hundred ninety-two million five hundred ten thousand dollars ($292,510,000), exclusive of refunding bonds issued pursuant to Section 8878.118, or so much thereof as is necessary, may be issued and sold to be used for carrying out the purposes expressed in this chapter and to reimburse the General Obligation Bond Expense Revolving Fund pursuant to Section 16724.5. A sum, not to exceed two hundred ninety-two million five hundred ten thousand dollars ($292,510,000) of the bond proceeds shall be deposited in the Earthquake Safety and Public Buildings Rehabilitation Fund of 1990 for the purposes of this chapter. All bonds herein authorized which have been duly sold and delivered as provided herein shall constitute valid and legally binding general obligations of the State of California, and the full faith and credit of the State of California is hereby pledged for the punctual payment of both principal and interest thereof.SEC. 4.
Section 25215.5 of the Health and Safety Code is amended to read:25215.5.
(a) Lead-acid battery fees collected pursuant to this article shall be managed as follows:(1) The board shall retain moneys necessary for the payment of refunds and reimbursement of the board for expenses in the collection of the fees.
(2) The remaining moneys shall be deposited into the Lead-Acid Battery Cleanup Fund, which is hereby created in the State Treasury, and is available upon appropriation by the Legislature to the department for the purposes specified in this section.
(b) (1) Moneys in the Lead-Acid Battery Cleanup Fund shall be expended for the following activities:
(A) Investigation or site evaluation of any area of the state that is reasonably suspected to have been contaminated by the operation of a lead-acid battery recycling facility.
(B) Cleanup, remedial action, removal, monitoring, or other response actions to address contamination directly attributable to releases from a facility known to have been a lead-acid battery recycling facility at any area of the state that, pursuant to Section 25215.51, the department determines with reasonable certainty was contaminated by releases from the operation of that lead-acid battery recycling facility.
(C) Administration of the Lead-Acid Battery Cleanup Fund and the department’s administration and implementation of this article.
(D) Repayment of a loan described in
Section 25215.59 that was made before September 26, 2016, or any other loan made for purposes set forth in subparagraph (A). Moneys shall be expended for purposes of this subparagraph only after the activities specified in subparagraphs (A) to (C), inclusive, have been fully funded in a given fiscal year.
(E) Oversight or performance of closure activities and response and corrective actions to protect public health and the environment from hazardous substances and hazardous waste at or from the former Exide Technologies lead-acid battery recycling facility in the City of Vernon.
(2) (A) Moneys in the Lead-Acid Battery Cleanup Fund shall not be used to implement Article 14 (commencing with Section 25251) with respect to lead-acid batteries or to loan moneys to any other program.
(B) Any government action not required by this article that would have the effect of reducing the availability of fee revenue to the Lead-Acid Battery Cleanup Fund shall be considered a negative economic impact pursuant to subparagraph (M) of paragraph (2) of subdivision (a) of Section 25253.
(3) Notwithstanding any other law, any costs incurred by the department using moneys from the Lead-Acid Battery Cleanup Fund pursuant to paragraph (1) that are recovered shall be deposited into the Lead-Acid Battery Cleanup Fund.
(c) The department shall report to the Legislature by March 1 of each year on the status of the Lead-Acid Battery Cleanup Fund and on the department’s progress implementing this article, including, but not limited to, the sites at which actions were performed using moneys from the fund, the status of cleanup at those sites, including total anticipated costs of cleanup at those sites, the balance of the fund, the amount of fees remitted to the fund, the amount spent by the fund and the purposes for which those amounts were spent, the amounts reimbursed to the board pursuant to paragraph (1) of subdivision (a), and any other information requested by the Legislature. Each annual report shall be released to the public on the same day it is provided to the Legislature.
SEC. 5.
Chapter 6 (commencing with Section 4810) is added to Part 2.5 of Division 4 of the Public Resources Code, to read:CHAPTER 6. Good Neighbor Authority Fund
4810.
(a) For purpose of this section, the following terms shall apply:(1) “Agreement” means the Good Neighbor Authority Agreement entered into between the state and the federal government pursuant to Section 2113a of Title 16 of the United States Code.
(2) “Fund” means the Good Neighbor Authority Fund, established pursuant to subdivision (b).
(b) There is hereby established in the State Treasury the Good Neighbor Authority Fund. The fund shall be administered by the department under the direction of the Secretary of the Natural Resources Agency. The moneys in the fund shall be available for expenditure, upon appropriation
by the Legislature, and as authorized by Section 2113a(b)(2) of Title 16 of the United States Code, and to the extent not in conflict with federal law or agreements, for state departments or agencies to undertake forest health and fuels reduction projects on federal lands executed through these agreements, and to fund costs associated with planning, implementing, and maintaining these projects, including administrative and operational costs.
(c) The fund shall be the depository for revenues derived from the sale of forest products, as defined in Section 4638, from federal lands, as authorized by Section 2113a(b)(2) of Title 16 of the United States Code, and to the extent not in conflict with federal law or agreements, to support the activities described in subdivision (b).
(d) State departments or agencies engaged in agreements may accept grants and donations, including, but not
limited to, donations of equipment, seedlings, labor, materials, or funds from any source for the purpose of supporting or facilitating activities undertaken pursuant to this section. Funds received pursuant to this subdivision shall be transferred to the department and deposited into the fund for use by state departments or agencies engaged in agreements to support the activities described in subdivision (b) at the direction of the Secretary of the Natural Resources Agency.
SEC. 6.
Section 1525 of the Water Code is amended to read:1525.
(a) Each person or entity who holds a permit or license to appropriate water, and each lessor of water leased under Chapter 1.5 (commencing with Section 1020) of Part 1, shall pay an annual fee according to a fee schedule established by the board.(b) Each person or entity who files any of the following shall pay a fee according to a fee schedule established by the board:
(1) An application for a permit to appropriate water.
(2) A registration of appropriation for a small domestic use, small irrigation use, or livestock stockpond use.
(3) A petition for an extension of time
within which to begin construction, to complete construction, or to apply the water to full beneficial use under a permit.
(4) A petition to change the point of diversion, place of use, or purpose of use, under a permit, license, or registration.
(5) A petition to change the conditions of a permit or license, requested by the permittee or licensee, that is not otherwise subject to paragraph (3) or (4).
(6) A petition to change the point of discharge, place of use, or purpose of use, of treated wastewater, requested pursuant to Section 1211.
(7) An application for approval of a water lease agreement.
(8) A request for release from priority pursuant to Section 10504.
(9) An application for an assignment of a state-filed application pursuant to Section 10504.
(10) A statement of water diversion and use pursuant to Part 5.1 (commencing with Section 5100) that reports that water was used for cannabis cultivation.
(c) (1) The board shall set the fee schedule authorized by this section so that the total amount of fees collected pursuant to this section equals that amount necessary to recover costs incurred in connection with the issuance, administration, review, monitoring, and enforcement of permits, licenses, certificates, and registrations to appropriate water, water leases, statements of water diversion and use for cannabis cultivation, and orders
approving changes in point of discharge, place of use, or purpose of use of treated wastewater. The board may include, as recoverable costs, but is not limited to including, the costs incurred in reviewing applications, registrations, statements of water diversion and use for cannabis cultivation, petitions and requests, prescribing terms of permits, licenses, registrations, and change orders, enforcing and evaluating compliance with permits, licenses, certificates, registrations, change orders, and water leases, inspection, monitoring, planning, modeling, reviewing documents prepared for the purpose of regulating the diversion and use of water, applying and enforcing the prohibition set forth in Section 1052 against the unauthorized diversion or use of water subject to this division and the water diversion related provisions of Chapter 6 (commencing with Section 26060) of Division 10 of the Business and Professions Code, and the administrative costs incurred in connection with carrying out these actions.
(2) In setting the fee schedule for fees subject to subdivision (b) of Section 1433.2 and subdivision (b) of Section 1443.2, the board shall also include an amount estimated by the board, in consultation with the Department of Fish and Wildlife, necessary to recover costs incurred by the Department of Fish and Wildlife under Article 2 (commencing with Section 1433) of Chapter 6.5 and Article 2 (commencing with Section 1443) of Chapter 6.6.
(d) (1) The board shall
adopt the schedule of fees authorized under this section as emergency regulations in accordance with Section 1530.
(2) For filings subject to subdivision (b), the schedule may provide for a single filing fee or for an initial filing fee followed by an annual fee, as appropriate to the type of filing involved, and may include supplemental fees for filings that have already been made but have not yet been acted upon by the board at the time the schedule of fees takes effect.
(3) The board shall set the amount of total revenue collected each year through the fees authorized by this section at an amount equal to the amounts appropriated by the Legislature for expenditure for support of water rights program activities from the Water Rights Fund established under Section 1550, taking into account the reserves in the Water Rights Fund. The board shall review and revise the fees each
fiscal year as necessary to conform to the amounts appropriated. If the board determines that the revenue collected during the preceding year was greater than, or less than, the amounts appropriated, the board may further adjust the annual fees to compensate for the over or under collection of revenue.
(e) Annual fees imposed pursuant to this section for the 2003–04 fiscal year shall be assessed for the entire 2003–04 fiscal year.
SEC. 7.
Section 1552 of the Water Code is amended to read:1552.
Except as provided in subdivision (e) of Section 1058.5, moneys in the Water Rights Fund are available for expenditure, upon appropriation by the Legislature, for the following purposes:(a) For expenditure by the California Department of Tax and Fee Administration in the administration of this chapter and the Fee Collection Procedures Law (Part 30 (commencing with Section 55001) of Division 2 of the Revenue and Taxation Code) in connection with any fee or expense subject to this chapter.
(b) For the payment of refunds, pursuant to Part 30 (commencing with Section 55001) of Division 2 of the Revenue and Taxation Code, of fees or expenses collected pursuant to this chapter.
(c) For expenditure by the board for the purposes of carrying out this division, Division 1 (commencing with Section 100), Part 2 (commencing with Section 10500) and Chapter 11 (commencing with Section 10735) of Part 2.74 of Division 6, Article 7 (commencing with Section
13550) of Chapter 7 of Division 7, and the water diversion related provisions of Chapter 6 (commencing with Section 26060) of Division 10 of the Business and Professions Code.
(d) For expenditures by the board for the purposes of carrying out Sections 13160 and 13160.1 in connection with activities involving hydroelectric power projects subject to licensing by the Federal Energy Regulatory Commission.
(e) For expenditures by the board for the purposes of carrying out Sections 13140 and 13170 in connection with plans and policies that address the diversion or use of water.
(f) For expenditures by the Department of Fish and Wildlife for purposes of carrying out Article 2 (commencing with Section 1433) of
Chapter 6.5 and Article 2 (commencing with Section 1443) of Chapter 6.6, consistent with the amounts estimated under paragraph (2) of subdivision (c) of Section 1525.
SEC. 8.
Section 12879.7 of the Water Code is amended to read:12879.7.
Bonds in the total amount of fifty-four million seven hundred sixty-five thousand dollars ($54,765,000), exclusive of refunding bonds issued pursuant to Section 12879.15, or so much thereof as is necessary, may be issued and sold to provide a fund to be used for carrying out the purposes expressed in this chapter and to be used to reimburse the General Obligation Bond Expense Revolving Fund pursuant to Section 16724.5 of the Government Code. All bonds herein authorized, which have been duly sold and delivered as herein provided, shall constitute valid and legally binding general obligations of the State of California, and the full faith and credit of the State of California is hereby pledged for the punctual payment of both principal and interest thereof.SEC. 9.
Section 13160 of the Water Code is amended to read:13160.
(a) The state board is designated as the state water pollution control agency for all purposes stated in the Federal Water Pollution Control Act (33 U.S.C. Sec. 1251 et seq.) and any other existing or subsequently enacted federal water quality control law.(b) (1) The state board is authorized to give any certificate or statement required by any federal agency pursuant to the Federal Water Pollution Control Act or any other federal water quality control law that there is reasonable assurance that an activity of any person subject to the jurisdiction of the state board will
comply with applicable requirements of that federal law or any other appropriate requirements of state law.
(2) The state board may issue the certificate or statement under paragraph (1) before completion of the environmental review required under Division 13 (commencing with Section 21000) of the Public Resources Code if the state board determines that waiting until completion of that environmental review to issue the certificate or statement poses a substantial risk of waiver of the state board’s certification authority under the Federal Water Pollution Control Act or any other federal water quality control law. To the extent authorized by federal law, the state board shall reserve authority to reopen and, after public notice, an opportunity for
comment, and, when appropriate, an opportunity for a hearing, revise the certificate or statement as appropriate to incorporate feasible measures to avoid or reduce significant environmental impacts or to make any necessary findings based on the information provided in the environmental document prepared for the project.
(c) The state board is authorized
to exercise any powers delegated to the state and carry out any program a state is authorized to administer under the Federal Water Pollution Control Act (33 U.S.C. Sec. 1251 et seq.) and any amendments to that act.
