AB 1789

[Carolyn Duerr]

Help!!!!
I just downloaded Ab1789 from the 49er website! If this is the compromise that they are saying is acceptable, I'd like to know who wants it?
I plan on starting making calls tomorrow morning and I need to know if this information is correct?
Herb and I have collected and sent over 100 signatures on a petition and sent as many letters as we could get people to sign but if this information is correct, we need to do more and do it right away.
I would appreciate a prompt reply.

Thanks in advance,
Carolyn

[maksutaSTAR]

This is the latest I have on AB 1789

0823842 - AB 1789 v.1..pdf (401KB)

[Geoggersboisp]

AMENDMENTS TO ASSEMBLY BILL NO. 1789
Amendment 1
Strike line 1 of the title, and insert:
An act to amend, repeal, and add Section 5653.7 of, and to add and repeal Section
5653.6 of, the Fish and Game Code, to add Section 12841.3 to the Food and Agricultural
Code, to amend Sections 8581.5 and 12892 of the Government Code, to amend Section
85.2 of the Harbors and Navigation Code, to amend Sections 13138, 13146.1, 13146.2,
25173.6, 25174, 39625.1, and 39626 of, to add Sections 43022.5 and 44274.7 to, and
to add Article 8.6 (commencing with Section 25395.35) to Chapter 6.8 of Division 20
of, the Health and Safety Code, to add Section 16031 to the Insurance Code, to amend
Sections 3258, 6217.3, 30620, and 37036 of, and to add Sections 30620.1 and 30620.2
to, the Public Resources Code, to add Section 326.5 to, and to add and repeal Section
343 of, the Public Utilities Code, and to amend Sections 12561, 13385.1, and 79441
of the Water Code, relating to public resources, making an appropriation therefor, and
declaring the urgency thereof, to take effect immediately.
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Amendment 2
On page 1, before line 1, insert:
SECTION 1. Section 5653.6 is added to the Fish and Game Code, to read:
5653.6. (a) As used in this section, “thermal refugia” means an area within 500
feet up the named tributary from the confluence with the main stem and 500 feet
upstream and downstream on the main stem from the confluence of the tributary with
the main stem.
(b) Notwithstanding any other provision of law, suction dredge mining is not
permitted in the following areas:
(1) On the main stem of the Klamath River from its confluence with the Trinity
River to Iron Gate Dam, except for a period each year commencing July 1 and ending
September 15.
(2) On the following tributaries of the Klamath River at any time of the year:
(A) Bluff Creek.
(B) Camp Creek.
(C) Clear Creek.
(D) Dillon Creek.
(E) Elk Creek.
(F) Independence Creek.
(G) Indian Creek.
(H) Red Cap Creek.
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(3) On all other Klamath River tributaries, except for a period each year
commencing July 1 and ending September 15.
(4) On the main stem of the Salmon River from its confluence with the Klamath
River to the confluence of the North Fork and South Fork of the Salmon River at any
time during the year.
(5) On the North and South Forks of the Salmon River except for a period each
year commencing on July 1 and ending on September 15.
(6) On the following tributaries of the Salmon River at any time of the year:
(A) Butler Creek.
(B) East Fork Knownothing Creek.
(C) Indian Creek.
(D) Kelly Gulch.
(E) Knownothing Creek.
(F) Little North Fork.
(G) Methodist Creek.
(H) Negro Creek.
(I) Nordheimer Creek.
(J) Specimen Creek.
(7) On the Scott River from its mouth to headwaters, except for a period each
year commencing July 1 and ending September 15.
(8) On the following tributaries of the Scott River at any time of the year:
(A) Big Mill Creek (East Fork).
(B) Boulder Creek (South Fork).
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(C) Canyon Creek.
(D) Etna Creek.
(E) French Creek.
(F) Kangaroo Creek (East Fork).
(G) Kelsey Creek.
(H) Kidder Creek.
(I) McAdam Creek.
(J) Mill Creek (Scott Bar).
(K) Mill Creek (also known as Shackleford/Mill Creek).
(L) Miners Creek.
(M) Moffett Creek.
(N) Patterson Creek.
(O) Shackleford Creek.
(P) South Fork Scott River.
(Q) Sugar Creek.
(R) Tompkins Creek.
(S) Wildcat Creek.
(T) Wooliver Creek.
(c) Suction dredge mining is not permitted at any time in the following thermal
refugia:
(1) The thermal refugia on all direct tributaries of the Klamath, Salmon, and
Scott Rivers that are closed to suction dredge mining for the entire year as listed in
subdivision (b).
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(2) The thermal refugia areas at the confluence of the following tributaries with
the main stem of the Klamath River:
(A) Beaver Creek.
(B) Bluff Creek.
(C) Bogus Creek.
(D) Boise Creek.
(E) Camp Creek.
(F) Clear Creek.
(G) Coon Creek.
(H) Elk Creek.
(I) Grider Creek.
(J) Hopkins Creek.
(K) Horse Creek.
(L) Hunter Creek.
(M) Independence Creek.
(N) Indian Creek.
(O) Irving Creek.
(P) Little Grider Creek.
(Q) Pearch Creek.
(R) Peewan Creek.
(S) Red Cap Creek.
(T) Rogers Creek.
(U) Salmon River.
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(V) Salt Creek.
(W) Scott River.
(X) Slate Creek.
(Y) Swillup Creek.
(Z) Thomas Creek.
(AA) Ti Creek.
(AB) Tom Marten Creek.
(AC) Trinity River.
(AD) Ukonom Creek.
(3) The thermal refugia at the confluence of all tributaries of the North Fork of
the Salmon River from Eddie Gulch to the confluence of the North Fork and South
Fork of the Salmon River and Crapo Creek on the main stem below that confluence
of forks of the Salmon River.
(d) Suction dredge mining on any water listed in this section during a period
established in this section shall be permitted in accordance with Section 5653.
(e) A violation of subdivision (b) or (c) shall be subject to the same penalty as
that provided for permit violations in subdivision (b) of Section 5653.
(f) This section shall remain in effect only until the director certifies to the
Secretary of State that all of the following have occurred, in which case this section
shall be repealed on the date of that certification:
(1) The department has completed the environmental review of its existing
suction dredge mining regulations, as ordered by the court in the case of Karuk Tribe
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of California et al. v. California Department of Fish and Game et al., Alameda County
Superior Court Case No. RG 05211597.
(2) The department has transmitted for filing with the Secretary of State, pursuant
to Section 11343 of the Government Code, a certified copy of the new regulations
adopted pursuant to Chapter 3.5 (commencing with Section 11340) of Part 1 of Division
3 of Title 2 of the Government Code, whichever occurs first.
(3) The regulations described in paragraph (2) are operative.
SEC. 2. Section 5653.7 of the Fish and Game Code is amended to read:
5653.7. (a) In the event of an unanticipated water level change, when necessary
to protect fish and wildlife resources, the department may close areas that were
otherwise opened for dredging and for which permits were issued pursuant to Section
5653.
(b) In addition to those wild trout waters and Heritage Trout Waters designated
pursuant to Fish and Game Commission policy or Section 7260 where motorized
suction dredging is not permitted at any time pursuant to Section 228.5 of Title 14 of
the California Code of Regulations, motorized suction dredging shall not occur within
the following stream and river segments and lakes:
(1) Middle Fork of the Feather River from Oroville Reservoir upstream to the
Sloat vehicle bridge, excluding tributaries (Butte and Plumas Counties).
(2) Lavezzola Creek (Sierra County).
(3) Nelson Creek, upstream from the confluence with the Middle Fork of the
Feather River, excluding tributaries (Plumas County).
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(4) North Fork of the American River, from the Iowa Hill Bridge to the
confluence with Lake Clementine (Placer County).
(5) Rubicon River, from the confluence with the Middle Fork of the American
River upstream to Hell Hole Dam, excluding tributaries (Placer County).
(c) The Legislature finds and declares that the amendments to this section made
during the 2007–08 Regular Session apply solely to suction dredging activities
conducted for instream goldmining purposes. This section does not expand or provide
new authority for the department to close or regulate dredging conducted for flood
control or navigational purposes governed by other state or federal law.
(d) This section does not prohibit or restrict nonmotorized recreational mining
activities, such as gold panning.
(e) This section shall remain in effect only until the director certifies to the
Secretary of State that all of the following have occurred, in which case this section
shall be repealed on the date of that certification:
(1) The department has completed the environmental review of its existing
suction dredge mining regulations, as ordered by the court in the case of Karuk Tribe
of California et al. v. California Department of Fish and Game et al., Alameda County
Superior Court No. RG 05211597.
(2) The department has transmitted for filing with the Secretary of State pursuant
to Section 11343 of the Government Code, a certified copy of the new regulations
adopted pursuant to Chapter 3.5 (commencing with Section 11340) of Part 1 of Division
3 of Title 2 of the Government Code.
(3) The regulations described in paragraph (2) are operative.
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SEC. 3. Section 5653.7 is added to the Fish and Game Code, to read:
5653.7. (a) In the event of an unanticipated water level change, if the department
determines that it is necessary to protect fish and wildlife resources, the department
may close areas that were otherwise opened for dredging and for which permits were
issued pursuant to Section 5653.
(b) This section shall become operative only when the director certifies to the
Secretary of State that all of the following have occurred, in which case this section
shall become operative on the date of that certification:
(1) The department has completed an environmental review of its existing suction
dredge mining regulations that, at a minimum, complies in full with the order of the
court in the case of Karuk Tribe of California et al. v. California Department of Fish
and Game et al., Alameda County Superior Court No. RG 05211597.
(2) The department has transmitted for filing with the Secretary of State pursuant
to Section 11343 of the Government Code, a certified copy of the new regulations
adopted pursuant to Chapter 3.5 (commencing with Section 11340) of Part 1 of Division
3 of Title 2 of the Government Code.
(3) The regulations described in paragraph (2) are operative.
SEC. 4. Section 12841.3 is added to the Food and Agricultural Code, to read:
12841.3. (a) Notwithstanding Sections 2282, 12784, and 12841, the director
shall pay from the revenue collected from the mill assessment in the Department of
Pesticide Regulation Fund an amount not to exceed the revenue derived from 0.5 mill
($0.0005) per dollar of sales for all pesticide sales for use in this state to counties in
nonattainment areas to assist those counties in the administration and enforcement of
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restrictions on the use of field fumigants pursuant to Chapter 3 (commencing with
Section 14001) and the regulations issued pursuant to it. These funds shall be in addition
to the funds distributed pursuant to Section 12841 and shall be distributed to the counties
in accordance with the criteria set forth in subdivisions (c) and (d).
(b) As used in this section, “nonattainment area” means an area designated in
Section 81.305 of Title 40 of the Code of Federal Regulations for the purpose of air
quality planning within the chart titled “California - Ozone (1-Hour Standard).”
(c) The funds available for payment pursuant to subdivision (a) shall be
apportioned based on the following criteria:
(1) A minimum of fifty thousand dollars ($50,000) shall be apportioned to each
county in a nonattainment area.
(2) The remaining amount shall be apportioned to the counties based on fumigant
related workload, which may include, but is not limited to, both of the following:
(3) The number of restricted use material permits issued for fumigants.
(4) The number of field fumigant applications in each county to the total for all
counties within all nonattainment areas during the previous fiscal year.
(d) Only counties within a nonattainment area for which the Department of
Pesticide Regulation has established a fumigant emission limit pursuant to Chapter 3
(commencing with Section 14001), and the regulations issued pursuant to it, in the
current or the previous fiscal year shall receive payment of the amount apportioned
pursuant to the criteria set forth in subdivision (c).
SEC. 5. Section 8581.5 of the Government Code is amended to read:
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8581.5. (a) The Emergency Council shall publish a biennial report on the state
of emergency preparedness for catastrophic disasters. This report shall include
information from the after action analysis of disasters in the preceding two years,
research directed by the Emergency Council, and surveys of local and state emergency
response agencies. The biennial report shall also include a summary of strategic actions
necessary to address identified gaps in emergency preparedness and an evaluation of
previous efforts to close gaps identified in previous reports, audits, and independent
analyses.
(b) The biennial report shall also include an evaluation of the strategic allocation
of resources. This evaluation shall consider the status of a state mutual aid system, as
it relates to surge capacity for catastrophic disasters. All state agencies and departments
with primary responsibilities under the State Emergency Plan shall cooperate with the
Emergency Council and the Office of Emergency Services in this evaluation.
SEC. 6. Section 12892 of the Government Code is amended to read:
12892. (a) On or before January 1, 2008, then on October 1, 2008, and annually
thereafter of each year, each state agency shall prepare and submit to the secretary in
a standardized format as determined by the agency both all of the following:
(1) A list of those measures that have been adopted and implemented by the state
agency to meet GHG emission reduction targets and a status report on actual GHG
emissions reduced as a result of these measures.
(2) A list and timetable for adoption of any additional measures needed to meet
GHG emission reduction targets.
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(3) An estimate of the department’s own greenhouse gas emissions, as well as
an explanation of any increase or decrease compared to the previous year’s emissions.
(b) In order to reduce paperwork and workload, information required to be
submitted pursuant to this section may be submitted in a standardized electronic format
as determined by the agency.
(c) On or before March 1, 2008, and then on January 1, 2009, and annually
thereafter or each year, the agency shall compile and organize the information submitted
pursuant to this section into a clear, standardized format, and shall provide that
information on the agency’s Internet Web site in the form of a state agency greenhouse
gas emission reduction report card.
(d) The report card shall compare the actions taken and proposed to be taken by
individual state agencies and their projected annual GHG emission reductions against
the state agency GHG emission reduction targets and statewide GHG emission reduction
limits.
(e) Where appropriate, the report card shall include a statement regarding the
independent audits required by Section 12893.
(f) In conjunction with the Governor’s Budget submitted pursuant to subdivision
(a) of Section 12 of Article IV of the California Constitution, on or before January 10
of each year, the agency shall submit to the Legislature a comprehensive budget display
that includes both of the following:
(1) Funding proposals and base funding in the proposed Governor’s Budget for
state agencies implementing climate solutions to meet the greenhouse gas emissions
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reduction targets as specified in the California Global Warming Solutions Act of 2006
(Division 25.5 (commencing with Section 38500) of the Health and Safety Code).
(2) A five-year work plan summary for each department included in the
comprehensive budget display that shows how staff and contracting resources will be
allocated to achieve specified climate solution deliverables.
SEC. 7. Section 85.2 of the Harbors and Navigation Code is amended to read:
85.2. (a) All money moneys in the Harbors and Watercraft Revolving Fund
shall be are available, upon appropriation by the Legislature, for expenditure by the
department for boating facilities development, boating safety, and boating regulation
programs, and for the purposes of Section 656.4, including refunds, and for expenditure
for construction of small craft harbor and boating facilities planned, designed, and
constructed by the department, as specified in subdivision (c) of Section 50, at sites
owned or under the control of the state.
(b) (1) The money in the fund shall is also be available, upon appropriation by
the Legislature, to the Department of Parks and Recreation for the operation and
maintenance of units of the state park system that have boating-related activities. Funds
appropriated to the Department of Parks and Recreation may also be used for boating
safety and enforcement programs for waters under its jurisdiction.
(2) Notwithstanding Section 7550.5 of the Government Code, the The Department
of Parks and Recreation shall submit to the Legislature, on or before January 1 of each
year, a report describing the allocation and expenditure of funds made available to the
Department of Parks and Recreation from the Harbors and Watercraft Revolving Fund
and from the Motor Vehicle Fuel Account in the Transportation Tax Fund attributable
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to taxes imposed on the distribution of motor vehicle fuel used or usable in propelling
vessels during the previous fiscal year. The report shall list the special project or use,
project location, amount of money allocated or expended, the source of funds allocated
or expended, and the relation of the project or use to boating activities.
(c) The money in the fund shall also be available, upon appropriation by the
Legislature, to the State Water Resources Control Board for boating-related water
quality regulatory activities.
(d) The money in the fund is also available, upon appropriation by the Legislature,
to the Department of Fish and Game for activities addressing the boating-related spread
of invasive species.
(e) The money in the fund is also available, upon appropriation by the Legislature,
to the Department of Food and Agriculture for activities addressing the boating-related
spread of invasive species.
SEC. 8. Section 13138 of the Health and Safety Code is amended to read:
13138. (a) For state agencies, departments, or programs local agencies, or
private entities that are charged for the costs of fire and life safety building code
inspections and related fire and life safety activities rendered by the State Fire Marshal,
such as plan review, construction consulting, fire watch, and investigation, the State
Fire Marshal shall charge an amount sufficient to recover the costs incurred for the
fire and life safety building code inspections and those related fire and life safety
activities.
(b) Upon the request of the State Fire Marshal, in the form prescribed by the
Controller, the Controller shall transfer the amount of the charges for services rendered
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from the agency’s appropriation to the appropriation for the support of the State Fire
Marshal’s office. The State Fire Marshal shall charge local agencies and private entities
for the amount sufficient to recover the costs of the services provided.
(c) A state agency that has a dispute regarding charges for fire and life safety
building code inspections provided by the State Fire Marshal shall notify the State Fire
Marshal, in writing, of the dispute and the basis therefor. The State Fire Marshal shall
immediately provide a credit to the state agency in the subsequent billing or billings
for the amount of the charges in dispute. No further transfer of funds shall occur with
respect to the services for which charges are disputed until the dispute is resolved by
the State Fire Marshal, subject to the approval of the Department of Finance.
SEC. 9. Section 13146.1 of the Health and Safety Code is amended to read:
13146.1. (a) Notwithstanding the provisions of Section 13146, the State Fire
Marshal, or the State Fire Marshal’s authorized representative, shall inspect every jail
or place of detention for persons charged with or convicted of a crime, unless the chief
of any city or county fire department or fire protection district, or that chief’s authorized
representative, indicates in writing to the State Fire Marshal that inspections of jails
or places of detention, therein, shall be conducted by the chief, or the chief’s authorized
representative and submits the reports as required in subdivision (c).
(b) The inspections shall be made at least once every two years for the purpose
of enforcing the regulations adopted by the State Fire Marshal, pursuant to Section
13143, and the minimum standards pertaining to fire and life safety adopted by the
Board of Corrections, pursuant to Section 6030 of the Penal Code.
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(c) Reports of the inspections shall be submitted to the official in charge of the
facility, the local governing body, the State Fire Marshal, and the Board of Corrections
within 30 days of the inspections.
(d) The State Fire Marshal, or his or her authorized representative, who performs
an inspection pursuant to subdivision (a) may charge and collect a fee for the inspection
from the local government. Any fee collected pursuant to this subdivision shall be in
an amount, as determined by the State Fire Marshal, sufficient to pay the costs of that
inspection or those related fire and life safety activities.
SEC. 10. Section 13146.2 of the Health and Safety Code is amended to read:
13146.2. (a) Every city or county fire department or district providing fire
protection services required by Sections 13145 and 13146 to enforce building standards
adopted by the State Fire Marshal and other regulations of the State Fire Marshal shall,
annually, inspect all structures subject to subdivision (b) of Section 17921, except
dwellings, for compliance with building standards and other regulations of the State
Fire Marshal.
(b) A city, county, or district which that inspects a structure pursuant to
subdivision (a) may charge and collect a fee for the inspection from the owner of the
structure in an amount, as determined by the city, county, or district, sufficient to pay
its the costs of that inspection. A city, county, or district that provides related fire and
life safety activities may charge and collect a fee for the inspection from the owner of
the structure in an amount, as determined by the city, county, or district, sufficient to
pay the costs of that inspection.
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(c) The State Fire Marshal, or his or her authorized representative, who inspects
a structure subject to subdivision (b) of Section 17921, except dwellings, for compliance
with building standards and other regulations of the State Fire Marshal, may charge
and collect a fee for the inspection from the owner of the structure. The State Fire
Marshal may also charge and collect a fee from the owner of the structure for related
fire and life safety activities, such as plan review, construction consulting, fire watch,
and investigation. Any fee collected pursuant to this subdivision shall be in an amount,
as determined by the State Fire Marshal, sufficient to pay the costs of that inspection
or those related fire and life safety activities.
SEC. 11. Section 25173.6 of the Health and Safety Code is amended to read:
25173.6. (a) There is in the General Fund the Toxic Substances Control Account,
which shall be administered by the director. In addition to any other money that may
be appropriated by the Legislature to the Toxic Substances Control Account, all of the
following shall be deposited in the account:
(1) The fees collected pursuant to Section 25205.6.
(2) The fees collected pursuant to Section 25187.2, to the extent that those fees
are for oversight of a removal or remedial action taken under Chapter 6.8 (commencing
with Section 25300) or Chapter 6.85 (commencing with Section 25396).
(3) Any fines Fines or penalties collected pursuant to this chapter, Chapter 6.8
(commencing with Section 25300) or Chapter 6.85 (commencing with Section 25396),
except as directed otherwise by Section 25192.
(4) Any interest Interest earned upon money deposited in the Toxic Substances
Control Account.
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(5) All money recovered pursuant to Section 25360, except any amount recovered
on or before June 30, 2006, that was paid from the Hazardous Substance Cleanup Fund.
(6) All money recovered pursuant to Section 25380.
(7) Any reimbursements Reimbursements for funds expended from the Toxic
Substances Control Account for services provided by the department, including, but
not limited to, reimbursements required pursuant to Sections 25201.9 and 25343.
(8) Any money Money received from the federal government pursuant to the
federal Comprehensive Environmental Response, Compensation, and Liability Act of
1980, as amended (42 U.S.C. Sec. 9601 et seq.).
(9) Any money Money received from responsible parties for remedial action or
removal at a specific site, except as otherwise provided by law.
(b) The funds deposited in the Toxic Substances Control Account may be
appropriated to the department for the following purposes:
(1) The administration and implementation of the following:
(A) Chapter 6.8 (commencing with Section 25300), except that no funds may
shall not be expended from the Toxic Substances Control Account for purposes of
Section 25354.5.
(B) Chapter 6.85 (commencing with Section 25396).
(C) Chapter 6.11 (commencing with Section 25404), on and before June 30,
1999.
(D)
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(C) Article 10 (commencing with Section 7710) of Chapter 1 of Division 4 of
the Public Utilities Code, to the extent the department has been delegated responsibilities
by the secretary for implementing that article.
(2) The administration of the following units within the department:
(A) The Human and Ecological Risk Division.
(B) The Hazardous Materials Laboratory.
(C) The Office of Pollution Prevention and Technology Development.
(3) For allocation to the Office of Environmental Health Hazard Assessment,
pursuant to an interagency agreement, to assist the department as needed in
administering the programs described in subparagraphs (A) and (B) of paragraph (1).
(4) For allocation to the State Board of Equalization to pay refunds of fees
collected pursuant to Section 43054 of the Revenue and Taxation Code.
(5) For the state share mandated pursuant to paragraph (3) of subsection (c) of
Section 104 of the federal Comprehensive Environmental Response, Compensation,
and Liability Act of 1980, as amended (42 U.S.C. Sec. 9604(c)(3)).
(6) For the purchase by the state, or by any a local agency with the prior approval
of the director, of hazardous substance response equipment and other preparations for
response to a release of hazardous substances. However, all equipment shall be
purchased in a cost-effective manner after consideration of the adequacy of existing
equipment owned by the state or the local agency, and the availability of equipment
owned by private contractors.
(7) For payment of all costs of removal and remedial action incurred by the state,
or by any local agency with the approval of the director, in response to a release or
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threatened release of a hazardous substance, to the extent the costs are not reimbursed
by the federal Comprehensive Environmental Response, Compensation, and Liability
Act of 1980, as amended (42 U.S.C. Sec. 9601 et seq.).
(8) For payment of all costs of actions taken pursuant to subdivision (b) of Section
25358.3, to the extent that these costs are not paid by the federal Comprehensive
Environmental Response, Compensation, and Liability Act of 1980, as amended (42
U.S.C. Sec. 9601 et seq.).
(9) For all costs incurred by the department in cooperation with the Agency for
Toxic Substances and Disease Registry established pursuant to subsection (i) of Section
104 of the federal Comprehensive Environmental Response, Compensation, and
Liability Act of 1980, as amended (42 U.S.C. Sec. 9604(i)) and all costs of health
effects studies undertaken regarding specific sites or specific substances at specific
sites. Funds appropriated for this purpose shall not exceed five hundred thousand dollars
($500,000) in any single fiscal year. However, these actions shall not duplicate
reasonably available federal actions and studies.
(10) For repayment of the principal of, and interest on, bonds sold pursuant to
Article 7.5 (commencing with Section 25385) of Chapter 6.8.
(11) For the reasonable and necessary administrative costs and expenses of the
Hazardous Substance Cleanup Arbitration Panel created pursuant to Section 25356.2.
(12) Direct site remediation costs.
(13) For the department’s expenses for staff to perform oversight of
investigations, characterizations, removals, remediations, or long-term operation and
maintenance.
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(14) For the administration and collection of the fees imposed pursuant to Section
25205.6.
(c) The funds deposited in the Toxic Substances Control Account may be
appropriated by the Legislature 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 Chapter 6.8 (commencing with Section 25300) and Chapter
6.85 (commencing with Section 25396). Expenditures for the purposes of this
subdivision are not subject to an interagency or interdepartmental agreement.
(15) For allocation to the office of the Attorney General, pursuant to an
interagency agreement or similar mechanism, for the support of the Toxic Substance
Enforcement Program in the office of the Attorney General, in carrying out the purposes
of Chapter 6.8 (commencing with Section 25300) and Chapter 6.85 (commencing with
Section 25396).
(16) For funding the California Environmental Contaminant Biomonitoring
Program established pursuant to Chapter 8 (commencing with Section 105440) of Part
5 of Division 103.
(c) The funds deposited in the Toxic Substances Control Account may be
appropriated by the Legislature to the Office of Environmental Health Hazard
Assessment and the State Department of Public Health for the purposes of carrying
out their duties pursuant to the California Environmental Contaminant Biomonitoring
Program (Chapter 8 (commencing with Section 105440) of Part 5 of Division 103).
(d) The director shall expend federal funds in the Toxic Substances Control
Account consistent with the requirements specified in Section 114 of the federal
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Comprehensive Environmental Response, Compensation, and Liability Act of 1980,
as amended (42 U.S.C. Sec. 9614), upon appropriation by the Legislature, for the
purposes for which they were provided to the state.
(e) Money in the Toxic Substances Control Account shall not be expended to
conduct removal or remedial actions if any significant portion of the hazardous
substances to be removed or remedied originated from a source outside the state.
(f) The Director of Finance, upon request of the director, may make a loan from
the General Fund to the Toxic Substances 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.
(g) The Toxic Substances Control Account established pursuant to subdivision
(a) is the successor fund of all of the following:
(1) The Hazardous Substance Account established pursuant to Section 25330,
as that section read on June 30, 2006.
(2) The Hazardous Substance Clearing Account established pursuant to Section
25334, as that section read on June 30, 2006.
(3) The Hazardous Substance Cleanup Fund established pursuant to Section
25385.3, as that section read on June 30, 2006.
(4) The Superfund Bond Trust Fund established pursuant to Section 25385.8, as
that section read on June 30, 2006.
(h) On and after July 1, 2006, all assets, liabilities, and surplus of the accounts
and funds listed in subdivision (g), shall be transferred to, and become a part of, the
Toxic Substances Control Account, as provided by Section 16346 of the Government
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Code. All existing appropriations from these accounts, to the extent encumbered, shall
continue to be available for the same purposes and periods from the Toxic Substances
Control Account.
(i) Notwithstanding Section 7550.5 of the Government Code, the The department,
on or before February 1 of each year, shall report to the Governor and the Legislature
on the prior fiscal year’s expenditure of funds within the Toxic Substances Control
Account for the purposes specified in subdivision (b).
SEC. 12. 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, 25205.15,
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,
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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) Notwithstanding subdivision (c), expenditures for the purposes of this
paragraph shall not be subject to an interagency or interdepartmental agreement.
(C)
(B) On or before October 1 of each year, the Attorney General shall report to
the Legislature on the expenditure of any funds appropriated allocated to the office of
the Attorney General for the preceding fiscal year pursuant to this paragraph and
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paragraph (15) of subdivision (c) (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.
(D)
(C) Nothing in subparagraph (C) shall require the Attorney General to report on
any confidential or investigatory matter.
(5) To the department, on and after July 1, 1999, for administration and
implementation of Chapter 6.11 (commencing with Section 25404).
(c) (1) Except for the appropriation to the office of the Attorney General pursuant
to paragraph (4) of subdivision (b), expenditures 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
or interdepartmental agreement or similar mechanism between the department and the
state agency receiving the support.
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(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:
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(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.
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(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 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.
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(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 which 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
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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.
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(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.
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(l) When the department prepares the annual report required by Section 10359
of the Public Contract Code, the department shall, in addition to providing the
information required by that section, include all of the following information:
(1) The source of funding for each contract.
(2) The statutory authorization, if applicable, for each contract.
SEC. 13. Article 8.6 (commencing with Section 25395.35) is added to Chapter
6.8 of Division 20 of the Health and Safety Code, to read:
Article 8.6. Revolving Loans Fund
25395.35. Unless the context otherwise requires, the following definitions
govern the construction of this article:
(a) “Brownfield site” has the same meaning as defined in Section 9601 of Title
42 of the United States Code.
(b) “Brownfield law” means the Small Business Liability Relief and Brownfields
Revitalization Act of 2002 (Public Law 107-117) as amending the federal act.
(c) “Federal Trust Fund” means the Federal Trust Fund established pursuant to
Section 16360 of the Government Code.
(d) “Fund” means the Revolving Loans Fund established pursuant to this article.
25395.36. (a) The Revolving Loans Fund is hereby created in the State Treasury.
Notwithstanding Section 13340 of the Government Code, all moneys in the fund shall
be continuously appropriated, without regard to fiscal year, to the department for
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expenditure in accordance with this chapter. The department is the state agency
responsible for administering the fund.
(b) All of the following moneys shall be deposited in the fund:
(1) Notwithstanding Section 25173.6, moneys received pursuant to the brownfield
law and transferred to the fund from the Federal Trust Fund.
(2) The amounts collected for loan services.
(3) Interest payments.
(4) Principal repayments.
(5) Notwithstanding Section 16475 of the Government Code, any interest earned
upon the moneys deposited in the fund.
(c) The department may expend the moneys in the fund only for the purposes
authorized by the brownfield law, as specified in subsection (k) of Section 9604 of
Title 42 of the United States Code, including providing financial assistance for both
of the following:
(1) Issuing loans for response actions to eligible brownfield sites.
(2) Making subgrants for response actions to eligible brownfield sites.
(d) Any repayment of fund moneys, including interest payments, and all interest
earned on, or accruing to, any moneys in the fund, that are deposited in the fund, as
provided in subdivision (b), shall be available, in perpetuity, for expenditure for the
purposes and uses authorized by the brownfield law.
SEC. 14. Section 39625.1 of the Health and Safety Code is amended to read:
39625.1. As used in this chapter, the following terms have the following
meanings:
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(a) “Applicant” means any local public entity involved in the movement of freight
through trade corridors of the state or involved in air quality improvements associated
with goods movement. For the purposes of administering a loan or loan guarantee
program only, an applicant may include any state agency.
(b) “Emission” or “emissions” means emissions including, but not limited to,
diesel particulate matter, oxides of nitrogen, oxides of sulfur, and reactive organic
gases.
(c) “Emission sources” means one of the following categories of sources of air
pollution associated with the movement of freight through California’s trade corridors:
heavy-duty trucks, locomotives, commercial harbor craft, ocean-going vessels related
to freight, and cargo-handling equipment.
(d) “Goods movement facility” means airports, seaports, land ports of entry,
freight distribution warehouses and logistic centers, freight rail systems, and highways
that have a high volume of truck traffic related to the movement of goods, as determined
by the state board.
(e) “Trade corridors” means any of the following areas: the Los Angeles/Inland
Empire region, the Central Valley region, the Bay Area region, and the San Diego/border
region.
SEC. 15. Section 39626 of the Health and Safety Code is amended to read:
39626. (a) (1) The state board shall develop guidelines by December 31, 2007,
consistent with the requirements of this chapter, to implement Section 39625.5, in
consultation with stakeholders, including, but not limited to, local air quality
management and air pollution control districts, metropolitan planning organizations,
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port authorities, shipping lines, railroad companies, trucking companies, harbor craft
owners, freight distributers, terminal operators, local port community advisory groups,
community interest groups, and airports. The guidelines shall, at a minimum, include
all of the following:
(A) An application process for the funds, and any limits on administrative costs
for the recipient agency, including a local an administrative cost limit of up to 5 percent.
(B) A requirement for a contribution of a specified percentage of funds leveraged
from other sources or in-kind contributions toward the project.
(C) Project selection criteria.
(D) The method by which the state board will consider the air basin’s status in
maintaining and achieving state and federal ambient air quality standards and the public
health risk associated with goods movement-related emissions and toxic air
contaminants.
(E) Accountability and auditing requirements to ensure that expenditure of bond
proceeds, less administrative costs, meets quantifiable emission reduction objectives
in a timely manner, and to ensure that the emission reductions will continue in California
for the project lifetime.
(F) Requirements for agreements between applicants and recipients of funds
executed by the state board related to the identification of project implementation
milestones and project completion that ensure that if a recipient fails to accomplish
project milestones within a specified time period, the state board may modify or
terminate the agreement and seek other remedies as it deems necessary.
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(2) Prior to the adoption of the guidelines, the state board shall hold no less than
one public workshop in northern California, one public workshop in the Central Valley,
and one public workshop in southern California.
(b) For each fiscal year in which funds are appropriated for the purposes of this
chapter, the state board shall issue a notice of funding availability no later than
November 30. For the 2007–08 fiscal year, if funds are appropriated for the purposes
of this chapter, the state board shall issue a notice of funding upon adoption of the
guidelines described in subdivision (a).
(c) (1) After applications have been submitted and reviewed for consistency with
the requirements of this chapter and the Highway Safety, Traffic Reduction, Air Quality,
and Port Security Bond Act of 2006, the state board shall compile and release to the
public a preliminary list of all projects that the state board is considering for funding
and provide adequate opportunity for public input and comment.
(2) The state board shall hold no less than one public workshop in northern
California, one public workshop in the Central Valley, and one public workshop in
southern California to discuss the preliminary list. This requirement shall not apply to
the funds appropriated in the 2007–08 fiscal year.
(3) After the requirements of paragraphs (1) and (2) are met, the state board shall
adopt a final list of projects that will receive funding at a regularly scheduled public
hearing.
(d) Nothing in this chapter authorizes the state board to program funds not
appropriated by the Legislature.
SEC. 16. Section 43022.5 is added to the Health and Safety Code, to read:
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43022.5. The state board shall select projects for zero-emission vehicle leases
or purchases and zero-emission vehicle infrastructure for the purpose of implementing
any program to encourage the use of zero-emission vehicles through a competitive
grant process that includes a public bidding process.
SEC. 17. Section 44274.7 is added to the Health and Safety Code, to read:
44274.7. (a) Notwithstanding any other provision of this chapter, funds
appropriated by the Legislature to the state board from the Air Quality Improvement
Fund in the Budget Act of 2008, not used to implement the Air Quality Improvement
Program, shall be expended by the state board to provide financial assistance to owners
and operators of on-road heavy-duty diesel-fueled motor vehicles for costs associated
with early compliance with both of the following regulations:
(1) Regulations to reduce emissions of diesel particulate matter, oxides of
nitrogen, and other criteria pollutants, and greenhouse gases from in-use heavy-duty
diesel-fueled vehicles.
(2) Regulations to reduce greenhouse gas emissions from heavy-duty tractors
and 53-foot box-type trailers that transport freight on state highways.
(b) Funds shall be expended for low- or zero-interest loans or grants.
(c) Priority for funding shall be provided to both of the following:
(1) Owners of less than three on-road heavy-duty diesel-fueled motor vehicles
and to those owners and operators most heavily impacted by the regulations described
in subdivision (a) who demonstrate financial hardship as determined by the state board.
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(2) On-road heavy-duty diesel-fueled motor vehicles that are used for short-haul
trucking, including short-haul trucking that crosses state or federal borders where there
are significant air pollution impacts in the state.
(d) The state board may contract with the Treasurer for assistance in expending
funds through programs implemented by the Treasurer.
(e) The state board shall maximize use of the funds described in this section with
other funds that may be available for on-road heavy-duty diesel-fueled motor vehicle
pollution reduction, including, but not limited to, the Goods Movement Emission
Reduction Program (Chapter 3.2 (commencing with Section 39625) of Part 2) and the
Carl Moyer Memorial Air Quality Standards Attainment Program (Chapter 9
(commencing with Section 44275)).
(f) By January 1, 2010, and each January 1 thereafter until all funds are expended,
the state board shall report to the Legislature on the implementation of this section,
including, but not limited to, the types of financial assistance provided.
SEC. 18. Section 16031 is added to the Insurance Code, to read:
16031. (a) The Emergency Response Fund is hereby created in the State
Treasury. Funds received by the Office of Emergency Services pursuant to this section
shall be deposited into this fund. Funds deposited into this fund may be appropriated
by the Legislature for the purposes of this section to fund the emergency activities of
the Office of Emergency Services, the Department of Forestry and Fire Protection, and
the Military Department.
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(b) Every admitted insurer in this state shall collect an emergency response
surcharge, separately identified on each policy, with respect to the property portion of
commercial or homeowners’ multiperil insurance.
(c) Insureds shall pay a special purpose surcharge on each commercial and
residential fire and multiperil insurance policy, issued or renewed on or after January
1, 2009, equivalent to 2.8 percent of the premium written on property exposure for
commercial or residential insurance properties for insured property located in a high-risk
hazard ZIP Code, as determined by the Office of Emergency Services, and 1.5 percent
of the premium written on property exposure for commercial or residential insurance
properties located in a low-risk hazard ZIP Code, as determined by the Office of
Emergency Services.
(d) The Office of Emergency Services shall annually notify insurers which ZIP
Codes are designated as “high-risk hazard” and which are designated as “low-risk
hazard.”
(e) The funds received as a result of the surcharges imposed on insureds as a
percentage of premiums written on property exposures for both commercial and
residential insurance policies shall be remitted by the insurers to the Office of
Emergency Services, within 45 days following the end of each calendar quarter. The
premiums written for property exposures shall be as stated on lines 1, 4, and 5.1 of the
annual statement filed by each insurer pursuant to Section 900. None of the special
purpose surcharges shall be considered premiums for any purpose, including the
computation of gross premium tax or agent’s commission. The full amount of the
surcharge is due at inception or renewal of the insurance policy, even if the premium
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is paid in installments. The amount of each special purpose surcharge shall be separately
stated on either a billing or policy declaration sent to an insured. Notwithstanding the
immediately preceding sentence, an insurer may omit the surcharge from a billing or
policy declaration if the expense of collecting the surcharge would exceed the amount
of the surcharge and instead remit the amount of such omitted surcharges to the Office
of Emergency Services, provided that nothing in this section shall relieve the insurer
of its obligation to recoup the amount of the surcharge from the insured.
(f) For policies with combined property and liability coverage, for which the
actual property coverage cannot be determined, the insurer shall calculate and the
insured shall remit, the surcharge based upon a ratio of 50 percent attributable to the
property coverage. Within 45 days following submission of its annual statement to the
National Association of Insurance Commissioners, an insurer shall reconcile its line
5.1 surcharge remittances based upon its annual statement.
(g) For policies in areas with no ZIP Code, the insurer collecting the surcharge
shall apply the low risk hazard designation to those policies.
(h) Each insurer collecting the surcharge shall be required to disclose the
surcharge as the “Emergency Response Safety Surcharge” on one of the following:
(1) the declarations page, (2) the billing statement, or (3) a separate document
accompanying the declarations page or billing statement. If an insurer chooses to
provide supplemental materials to policyholders describing the surcharge, the language
shall substantially comply with the following:
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“The State of California has imposed an Emergency Response Safety Surcharge
on all homeowners and commercial insurance policies issued or renewed on or after
January 1, 2009. The purpose of the surcharge is to ensure adequate funding of
emergency response services throughout California. We are required by law to collect
the surcharge from our policyholders. The surcharge, which is separately stated on
your declarations page or billing statement, is calculated at 2.8 percent or 1.5 percent,
depending on level of risk, of the total policy premium relating to property insurance.”
(i) Failure to pay the surcharge shall result in the cancellation of the policy.
(j) If a policy is canceled before the end of the term for which it was issued or
the end of the period for which a premium has been paid, the refund of the surcharge
amount submitted to the Office of Emergency Services shall not be remitted to the
insured.
(k) Funds in the Emergency Response Fund shall be distributed, upon
appropriation, to the Office of Emergency Services, the Department of Forestry and
Fire Protection, and the Military Department for the support of the emergency response
activities of those departments, to the Office of Emergency Services for the actual
administrative costs incurred in collecting the surcharge pursuant to this section, and
for the maintenance of an adequate reserve.
(l) For the purposes of this program, “hazard” is defined to be the potential impact
to people or property as a result of seismic activity, flood, or wildland fire.
(m) Any balance remaining in the Emergency Response Fund at the end of each
fiscal year shall be retained in the fund and carried forward to the next fiscal year.
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(n) The Department of Insurance, CalFire, and other state agencies and
departments will cooperate and provide information to the Office of Emergency Services
as necessary to implement this program.
SEC. 19. Section 3258 of the Public Resources Code is amended to read:
3258. (a) The division shall not make expenditures pursuant to this article that
exceed the following sum in any one fiscal year:
(1) One million dollars ($1,000,000) Two million dollars ($2,000,000)
commencing on July 1, 1999, 2008, for the 1999–2000 2008–09 fiscal year, and
continuing for 10 three fiscal years thereafter.
(2) Five hundred thousand dollars ($500,000), One million dollars ($1,000,000),
commencing with the 2010–11 2012–13 fiscal year.
(b) On October 1, 2000, 2011, the department shall report to the Legislature on
the number of orphan wells successfully abandoned in the 1999–2000 fiscal year, the
number of orphan wells remaining, and the estimated costs of abandoning those orphan
wells. The department shall also include in this report, and a timeline for future orphan
well abandonment with a specific schedule of goals. On October 1, 2009, the department
shall report to the Legislature on its progress toward meeting these goals of orphan
well abandonment.
SEC. 20. Section 6217.3 of the Public Resources Code is amended to read:
6217.3. (a) The Legislature finds and declares all of the following:
(1) The Safe Drinking Water, Water Quality and Supply, Flood Control, River
and Coastal Protection Bond Act of 2006, an initiative approved by the voters at the
November 7, 2006, statewide general election, makes available the sum of one hundred
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eighty million dollars ($180,000,000) in bond funds for bay-delta and coastal fishery
restoration projects.
(2) Of the funds made available, up to forty-five million dollars ($45,000,000)
is available for coastal salmon and steelhead fishery restoration projects that support
the development and implementation of species recovery plans and strategies for
salmonid species listed as threatened or endangered under state or federal law.
(b) From the forty-five million dollars ($45,000,000) available for coastal salmon
and steelhead fishery restoration projects pursuant to subdivision (a) of Section 75050,
five million two hundred ninety-three thousand dollars ($5,293,000) is appropriated
to the Department of Fish and Game for the purposes of coastal salmon and steelhead
fishery restoration projects, including the Coastal Salmonid Monitoring Plan. The
Department of Fish and Game shall not allocate more than two million five hundred
twenty thousand dollars ($2,520,000) of these funds for the Coastal Salmonid
Monitoring Plan.
(c) (1) Except for the funds annually appropriated for the Coastal Salmonid
Monitoring Plan, and as provided in paragraphs (2) and paragraph (3), the process
governing the expenditure of funds described in Section 6217.1 shall be applied to the
expenditure of all funds available for coastal salmon and steelhead fishery restoration
projects pursuant to subdivision (a) of Section 75050 that are allocated by the
Department of Fish and Game pursuant to subdivision (b).
(2) The funds annually allocated to the Coastal Salmonid Monitoring Plan are
exempt from the requirements of Section 6217.1.
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(3) If there is a conflict between a provision of this section and a provision of
Division 43 (commencing with Section 75001), the provision of Division 43 shall
govern.
SEC. 21. Section 30620 of the Public Resources Code is amended to read:
30620. (a) By January 30, 1977, the commission shall, consistent with this
chapter, prepare interim procedures for the submission, review, and appeal of coastal
development permit applications and of claims of exemption. These procedures shall
include, but are not limited to, all of the following:
(1) Application and appeal forms.
(2) Reasonable provisions for notification to the commission and other interested
persons of any action taken by a local government pursuant to this chapter, in sufficient
detail to ensure that a preliminary review of that action for conformity with this chapter
can be made.
(3) Interpretive guidelines designed to assist local governments, the commission,
and persons subject to this chapter in determining how the policies of this division
shall be applied in the coastal zone prior to the certification of local coastal programs.
However, the guidelines shall not supersede, enlarge, or diminish the powers or authority
of the commission or any other public agency.
(b) Not later than May 1, 1977, the commission shall, after public hearing, adopt
permanent procedures that include the components specified in subdivision (a) and
shall transmit a copy of those procedures to each local government within the coastal
zone and make them readily available to the public. The commission may thereafter,
from time to time, and, except in cases of emergency, after public hearing, modify or
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adopt additional procedures or guidelines that the commission determines to be
necessary to better carry out the purposes of this division.
(c) (1) The commission may require a reasonable filing fee and the reimbursement
of expenses for the processing by the commission of any application for a coastal
development permit under this division and, except for local coastal program submittals,
for any other filing, including, but not limited to, a request for revocation, categorical
exclusion, or boundary adjustment, submitted for review by the commission.
(2) Any coastal development permit fees collected by the commission under
paragraph (1) shall be deposited in the Coastal Access Account, which is hereby created
in the State Coastal Conservancy Fund. The money in the account shall be available,
upon appropriation by the Legislature in the annual Budget Act, to the State Coastal
Conservancy for grants to public agencies and private nonprofit entities or organizations
for the development, maintenance, and operation of new or existing facilities that
provide public access to the shoreline of the sea, as defined in Section 30115. Any
grant funds that are not expended for those purposes shall revert to the account Coastal
Act Services Fund established pursuant to Section 30620.1. Nothing in this This
paragraph authorizes does not authorize an increase in fees or creates create any new
authority on the part of the commission.
(d) With respect to any an appeal of an action taken by a local government
pursuant to Section 30602 or 30603, the executive director shall, within five working
days of receipt of an appeal from any a person other than members a member of the
commission or any a public agency, determine whether the appeal is patently frivolous.
If the executive director determines that an appeal is patently frivolous, the appeal shall
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not be filed unless a filing fee in the amount of three hundred dollars ($300) is deposited
with the commission within five working days of the receipt of the executive director’s
determination. If the commission subsequently finds that the appeal raises a substantial
issue, the filing fee shall be refunded.
SEC. 22. Section 30620.1 is added to the Public Resources Code, to read:
30620.1. (a) The Coastal Act Services Fund is hereby created in the State
Treasury, to be administered by the commission. The moneys in the fund, upon
appropriation by the Legislature in the annual Budget Act, shall be expended by the
commission in accordance with this chapter to enforce the California Coastal Act and
to provide services to local government, permit applicants, public agencies, and the
public participating in the implementation of this division.
(b) Five hundred thousand dollars ($500,000), adjusted annually by the
application of the California Consumer Price Index for Urban Consumers as determined
by the Department of Industrial Relations pursuant to Section 2212 of the Revenue
and Taxation Code, shall be transferred annually from the Coastal Act Services Fund
to the Coastal Access Account established pursuant to Section 30620.2.
SEC. 23. Section 30620.2 is added to the Public Resources Code, to read:
30620.2. The Coastal Access Account is hereby created in the State Coastal
Conservancy Fund. The money in the account shall be available, upon appropriation
by the Legislature in the annual Budget Act, to the State Coastal Conservancy for
grants to public agencies and private nonprofit entities or organizations for the
development, maintenance, and operation of new or existing facilities that provide
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public access to the shoreline of the sea, as defined in Section 30115. Any grant funds
that are not expended for those purposes shall revert to the account.
SEC. 24. Section 37036 of the Public Resources Code is amended to read:
37036. (a) The Natural Heritage Preservation Tax Credit Reimbursement
Account is established in the General Fund to receive moneys paid pursuant to this
chapter.
(b) Upon appropriation by the Legislature, moneys Moneys in the Natural
Heritage Preservation Tax Credit Reimbursement Account shall be used only to
reimburse the General Fund as determined by the departments pursuant to paragraph
(1) of subdivision (b) of Section 37034.
(c) Upon receipt of funds in the Natural Heritage Preservation Tax Credit
Reimbursement Account and notification to the Legislature, the Controller shall transfer,
within 60 days of the notification, the balance of the Natural Heritage Preservation
Tax Credit Reimbursement Account to the General Fund.
(c)
(d) The moneys in the Natural Heritage Preservation Tax Credit Reimbursement
Account may not be loaned to another fund and may not accrue interest.
SEC. 25. Section 326.5 is added to the Public Utilities Code, to read:
326.5. By January 10, 2009, and by January 10 of each year thereafter, the
commission shall 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, both in the two prior fiscal years and for the
proposed fiscal year, including any costs to ratepayers, related to both of the following:
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(a) Entities or programs established by the 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. The report shall contain descriptions of relevant issues,
including, but not limited to, all of the following:
(1) Any governance structure established for an entity or program.
(2) Any staff or employees hired by or for the entity or program and their salaries
and expenses.
(3) Any staff or employees transferred or loaned internally or interdepartmentally
for the entity or program and their salaries and expenses.
(4) Any contracts entered into by the entity or program, the funding sources for
those contracts, and the legislative authority under which the commission entered into
the contract.
(5) The public process and oversight governing the entity or program’s activities.
(b) Entities or programs established by the commission, other than those expressly
authorized by statute, under the following sections:
(1) Section 379.6.
(2) Section 399.8.
(3) Section 739.1.
(4) Section 2790.
(5) Section 2851.
SEC. 26. Section 343 is added to the Public Utilities Code, to read:
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343. (a) The Attorney General shall succeed to, and may exercise, all rights,
claims, powers, and entitlements of the Electricity Oversight Board in any litigation
or settlement to obtain ratepayer recovery for the effects of the 2000–02 energy crisis.
Nothing in this section requires the Attorney General to litigate any claim, or take any
other action, as successor to the Electricity Oversight Board.
(b) The Attorney General shall not distribute or expend the proceeds of any
settlements of claims described in subdivision (a), except in accordance with Article
9.5 (commencing with Section 16428.1) of Chapter 2 of Part 2 of Division 4 of Title
2 of the Government Code and Division 27 (commencing with Section 80000) of the
Water Code.
(c) The Attorney General shall not distribute or expend the proceeds of any
settlements of claims allocated to the Electricity Oversight Board.
(d) This section shall remain in effect only until January 1, 2010, and as of that
date is repealed, unless a later enacted statute, that is enacted before January 1, 2010,
deletes or extends that date.
SEC. 27. Section 12561 of the Water Code is amended to read:
12561. There is hereby created the Colorado River Management Account in
the General Fund. Notwithstanding Section 13340 of the Government Code, the sum
of two hundred thirty-five million dollars ($235,000,000) is hereby continuously
appropriated from the General Fund to the account, without regard to fiscal years,
Moneys in the account are available, upon appropriation by the Legislature, for use in
accordance with this chapter.
SEC. 28. Section 13385.1 of the Water Code is amended to read:
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13385.1. (a) (1) For the purposes of subdivision (h) of Section 13385, a “serious
violation” also means a failure to file a discharge monitoring report required pursuant
to Section 13383 for each complete period of 30 days following the deadline for
submitting the report, if the report is designed to ensure compliance with limitations
contained in waste discharge requirements that contain effluent limitations.
(2) Paragraph (1) applies only to violations that occur on or after January 1,
2004.
(b) (1) Notwithstanding any other provision of law, moneys collected pursuant
to this section for a failure to timely file a report, as described in subdivision (a), shall
be deposited in theWaste Discharge Permit Fund and separately accounted for in that
fund State Water Pollution Cleanup and Abatement Account.
(2) The Notwithstanding Section 13340 of the Government Code, the funds
described in paragraph (1) shall be expended are continuously appropriated, without
regard to fiscal years, to the state board for expenditure by the state board, upon
appropriation by the Legislature, to assist regional boards, and other public agencies
with authority to clean up waste or abate the effects of the waste, in responding to
significant water pollution problems.
(c) For the purposes of this section, paragraph (2) of subdivision (f) of Section
13385, and subdivisions (h), (i), and (j) of Section 13385 only, “effluent limitation”
means a numeric restriction or a numerically expressed narrative restriction, on the
quantity, discharge rate, concentration, or toxicity units of a pollutant or pollutants that
may be discharged from an authorized location. An effluent limitation may be final or
interim, and may be expressed as a prohibition. An effluent limitation, for those
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purposes, does not include a receiving water limitation, a compliance schedule, or a
best management practice.
SEC. 29. Section 79441 of the Water Code is amended to read:
79441. (a) The department, the Department of Fish and Game, and the United
States Army Corps of Engineers are the implementing agencies for the levee program
element.
(b) The state board, the United States Environmental Protection Agency, and
the State Department of Health Services are the implementing agencies for the water
quality program element.
(c) The Department of Fish and Game, the United States Fish and Wildlife
Service, and the United States National Marine Fisheries Service are the implementing
agencies for the ecosystem restoration program element. If interests in land, water, or
other real property are acquired, those interests shall be acquired from willing sellers
by means of entering into voluntary agreements.
(d) The department and the United States Bureau of Reclamation are the
implementing agencies for the water supply reliability, storage, and conveyance
elements of the program.
(e) The department, the state board, and the United States Bureau of Reclamation
are the implementing agencies for the water use efficiency and water transfer program
elements.
(f) The Resources Agency, the state board, the department, the Department of
Fish and Game, the Department of Conservation, the United States Natural Resources
Conservation Service, the United States Environmental Protection Agency, and the
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United States Fish and Wildlife Service are the implementing agencies for the watershed
program element.
(g) The Resources Agency is the implementing agency for the science program
element.
(h) The department, the Department of Fish and Game, the United States Bureau
of Reclamation, the United States Fish and Wildlife Service, and the United States
National Marine Fisheries Service are the implementing agencies for the environmental
water account program element.
SEC. 30. (a) Of the positions funded by Item No. 3860-510-0502 of Section
2.00 of the 2008–09 Budget Act, the Department of Water Resources shall use eight
limited-term positions funded by that item exclusively for conducting studies on options
for conservation and restoration of the Sacramento-San Joaquin River Delta, including
water conveyance, consistent with the recommendations of the Delta Blue Ribbon
Task Force established pursuant to Executive Order No. S-17-06.
(b) No position funded by Item No. 3860-510-0502 of Section 2.00 of the
2008–09 Budget Act shall be used for environmental studies, or documentation, for a
specific project pursuant to the California Environmental Quality Act (Division 13
(commencing with Section 21000) of the Public Resources Code).
SEC. 31. In order to meet California’s obligation under Chapter 7 (commencing
with Section 12560) of Part 5 of Division 6 of the Water Code, as added by Chapter
813 of the Statutes of 1998, and to preserve General Fund resources, on and after July
1, 2008, moneys to fund the purposes of that chapter may be obtained by appropriating
in the annual Budget Act, in lieu of General Fund moneys, moneys provided from the
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sale of general obligation bonds pursuant to the Safe Drinking Water, Water Quality
and Supply, Flood Control, River and Coastal Protection Bond Act of 2006 (Division
43 (commencing with Section 75001) of the Public Resources Code) and made available
to the Department of Water Resources for allocation pursuant to paragraph (12) of
subdivision (a) of Section 75027 of the Public Resources Code, subject to appropriation
by the Legislature, or another state funding source.
SEC. 32. (a) The Public Utilities Commission shall not execute an order, or
collect any rate revenues, in Rulemaking 07-09-008 (Order Instituting Rulemaking to
establish the California Institute for Climate Solutions), and shall not adopt or execute
any similar order or decision establishing a research program for climate change unless
expressly authorized to do so by statute.
(b) This section does not constitute a change in, but is declaratory of, existing
law.
SEC. 33. Due to the insufficient resources available to the Electricity Oversight
Board as a result of reductions in the Budget Act of 2007, it is the intent of the
Legislature that the Attorney General settle pending lawsuits, claims, and petitions
filed by the Electricity Oversight Board as a result of the 2000–02 energy crisis.
SEC. 34. The sum of five million eight hundred seventy thousand seven hundred
eighty-two dollars ($5,870,782) is hereby appropriated for transfer from the Natural
Heritage Preservation Tax Credit Reimbursement Account to the General Fund.
SEC. 35. The Legislature finds and declares both of the following:
(a) Any costs that may result from Sections 8, 9, and 10 of this act are not unique
to local agencies or school districts.
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(b) There is no mandate contained in Section 8, 9, or 10 of this act that will result
in costs incurred by a local agency or school district for a new program or higher level
of service which require reimbursement pursuant to Section 6 of Article XIII B of the
California Constitution and Part 7 (commencing with Section 17500) of Division 4 of
Title 2 of the Government Code.
SEC. 36. 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. 37. This act is an urgency statute necessary for the immediate preservation
of the public peace, health, or safety within the meaning of Article IV of the Constitution
and shall go into immediate effect. The facts constituting the necessity are:
In order to make the necessary statutory changes to implement the Budget Act
of 2008 at the earliest time possible, it is necessary that this act take effect immediately.
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Amendment 3
On page 1, strike out lines 1 and 2
- 0 -
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[tekno]

i dont have much but i sent what i could.