BILL NUMBER: ABX4 11 CHAPTERED
BILL TEXT
CHAPTER 11
FILED WITH SECRETARY OF STATE JULY 28, 2009
APPROVED BY GOVERNOR JULY 28, 2009
PASSED THE SENATE JULY 23, 2009
PASSED THE ASSEMBLY JULY 23, 2009
AMENDED IN SENATE JULY 23, 2009
INTRODUCED BY Assembly Member Evans
JULY 2, 2009
An act to amend Sections 25173.6, 25299.50.2, and 25404 of the
Health and Safety Code, to amend Sections 4464, 4475, 4475.5,
4799.04, 4799.12, 21191, 25218, 25414, 25415, 25416, 25420, 25450,
25450.1, 25450.2, 25450.3, and 48653 of, to add Sections 25422,
25450.4, and 25450.5 to, and to add Chapter 5.6 (commencing with
Section 25460) and Chapter 5.7 (commencing with Section 25470) to
Division 15 of, the Public Resources Code, to amend Sections 5106 and
5108 of the Vehicle Code, and to add Sections 147 and 79424 to the
Water Code, relating to public resources, making an appropriation
therefor, and declaring the urgency thereof, to take effect
immediately.
LEGISLATIVE COUNSEL'S DIGEST
AB 11, Evans. Public Resources.
(1) Existing law establishes the Toxic Substances Control Account
in the General Fund. Existing law authorizes the moneys deposited in
the account to be appropriated to the Department of Toxic Substances
Control for specified purposes, including the administration of the
Human and Ecological Risk Division, the Hazardous Materials
Laboratory, and the Office of Pollution Prevention and Technology
Development, all within the department.
This bill would change the reference to the Hazardous Materials
Laboratory to the Environmental Chemistry Laboratory, and specify
that moneys deposited in the account also may be appropriated to the
department for the administration of the successor organizations of
the specified units of the department, and for the implementation of
programs administered by those units or successor organizations. The
bill would authorize moneys in the account to be appropriated to the
department for activities of the department related to pollution
prevention and technology development, as specified.
(2) Existing law establishes the Underground Storage Tank
Petroleum Contamination Orphan Site Cleanup Fund (fund) in the State
Treasury until January 1, 2016, and transfers $10,000,000, for each
of the 2008-09, 2009-10, and 2010-11 fiscal years, from the
Underground Storage Tank Cleanup Fund to the fund, for expenditure,
upon appropriation by the Legislature, for the costs of response
actions to remediate the harm caused by a petroleum contamination at
a site that meets specified conditions.
This bill would authorize available federal moneys to be deposited
in the fund, and would require the amount transferred in a fiscal
year to the fund from the Underground Storage Tank Cleanup Fund to be
reduced by the amount of federal moneys deposited in the fund in
that fiscal year. The bill would require that if an expenditure from
the fund includes federal moneys deposited in the fund, the
expenditure be consistent with all applicable requirements for
expenditure of the federal moneys.
(3) Existing law requires the Secretary for Environmental
Protection to implement a unified hazardous waste and hazardous
materials management regulatory program known as the unified program.
The unified program is required to consolidate the administration of
specified hazardous waste and hazardous materials management
requirements. The secretary is required to establish standards
applicable to Certified Unified Program Agencies (CUPAs),
participating agencies (PAs), state agencies, and businesses
specifying the data to be collected and submitted by unified program
agencies in administering the specified requirements. Existing law
requires the secretary, by January 1, 2010, to establish a statewide
information management system capable of receiving all data collected
by the unified program agencies and reported by regulated
businesses, as specified. Existing law requires not less than 75% of
specified funding to be provided to CUPAs and PAs through grant funds
in the amounts determined by the secretary to assist those local
agencies in meeting information management system requirements.
This bill would require that funding to be provided through grant
funds or statewide contract services, rather than only through grant
funds.
(4) The Wildland Fire Protection Management Act of 1978 authorizes
the Director of Forestry and Fire Protection to enter into
contracts, with the approval of the Director of General Services, for
prescribed burning or other hazardous fuel reduction with the owner
or any person who has legal control of any property or any public
agency with regulatory or natural resource management authority over
certain lands. The act authorizes the state to assume a proportionate
share of the costs of site preparation and prescribed burning or
other hazardous fuel reduction.
This bill would change the term "contract" to "agreement," and
would delete the requirement of approval by the Director of General
Services. The bill would also authorize the director to accept grants
and donations of equipment, materials, or funds from any source for
the purpose of supporting or facilitating the prescribed burning or
other hazardous fuels reduction work. The director would be
authorized to waive the cost sharing requirements of the act if the
funding source prohibits cost sharing requirements.
(5) Existing law authorizes the Department of Forestry and Fire
Protection to enter into agreements and make loans to encourage
private and public investment in, and improved management of, forest
lands and resources within the state to ensure adequate future
high-quality timber supplies, related employment and other economic
benefits, and the protection, maintenance, and enhancement of a
productive and stable forest resource system for the benefit of
present and future generations. The Director of Forestry and Fire
Protection is authorized to enter into agreements for forest resource
improvement work with eligible landowners that require cost sharing
on the part of the landowner and is required to deposit into the
Forest Resources Improvement Fund funds from any source for forest
resource improvement purposes.
This bill would allow the department to waive the cost sharing
requirement if the funding source for the authorized forest resource
improvement work prohibits cost sharing requirements. This bill would
prohibit any federal funds received as part of the federal American
Recovery and Reinvestment Act of 2009 from being deposited into the
Forest Resources Improvement Fund.
(6) The California Urban Forestry Act of 1978 authorizes the
Department of Forestry and Fire Protection to implement a program in
urban forestry to, among other things, encourage better management
and planting of trees in urban areas and assist cities in innovative
solutions to problems, including greenhouse gas emissions, urban heat
island effect, stormwater management, lack of green space, and
vandalism. The director, with advice from other appropriate state
agencies and interested parties, is authorized to make grants to
provide assistance of 25 to 90% of costs for projects meeting
guidelines established by the State Board of Forestry and Fire
Protection, upon recommendation by the director.
This bill would allow the director to waive the cost sharing
requirement if the funding source for a grant prohibits cost sharing
requirements.
(7) Existing law authorizes the issuance of environmental license
plates, as defined, for vehicles, upon application and upon payment
of certain fees. All revenue derived from the fees for issuance,
renewal, retention, duplication, and transfer of the plates is
required to be deposited in the California Environmental License
Plate Fund in the State Treasury.
This bill would increase the fees for issuance, renewal,
retention, duplication, and transfer of environmental license plates.
(8) The Energy Conservation Assistance Act of 1979 (act)
establishes the State Energy Conservation Assistance Account
(account), a continuously appropriated account, that is administered
by the State Energy Resources Conservation and Development Commission
to provide grants and loans to various public entities to maximize
energy use savings in existing and planned buildings and facilities.
The act authorizes the commission to approve an application for a
loan only in those instances where the applicant demonstrates that
the costs of the project, plus interest on state funds loaned, will
be recovered through savings in the cost of energy to the institution
during the repayment period. The act authorizes the commission to
make grants in an amount that does not exceed 5% of the annual
appropriation from the account. The act authorizes the commission to
expend funds from the account for the actual administrative costs to
the commission in implementing the act in an amount that does not
exceed 5% of the total appropriation. The act also requires, in
specified circumstances, the commission to periodically set interest
rates on loans based on surveys of existing financial markets and at
rates not less than 3% per annum.
This bill would authorize the commission to make grants in an
amount that does not exceed 5% of, and to recover its administrative
costs in an amount that does not exceed 5% of, the annual
unencumbered balance in the account as determined by the commission
on July 1 of each fiscal year. This bill would also require the
commission to set the interest rate at not less than 1% per annum.
The federal Energy Independence and Security Act of 2007
establishes the Energy Efficiency and Conservation Block Grant
Program to provide funds to the state to assist eligible entities in
improving energy efficiency and reducing the total energy use of
eligible entities. Existing law authorizes the commission to
undertake certain actions and to administer a block grant program
funded by the federal Energy Independence and Security Act of 2007 to
reduce fossil fuel emission, improve energy efficiency, and reduce
overall energy use. Existing law authorizes the commission to recover
certain administrative expenses incurred in implementing the block
grant program. Existing law prohibits the commission from expending
more than 5% of the federal funds received for allowable
administrative costs.
This bill would authorize the commission to administer funds
appropriated by the federal American Recovery and Reinvestment Act of
2009 for the Energy Efficiency and Conservation Block Grant Program
and to award contracts, grants, and loans for energy-related
projects. The bill would additionally specify that the recoverable
administrative costs include costs related, but not limited, to
reporting, recordkeeping, and evaluation activities required by
federal law, as well as implementing regulations and guidelines. The
bill would authorize the commission to adopt guidelines implementing
the block grant program and would subject the awarding of grants and
loans to an appeal to the commission upon a showing that the award is
based on factors other than those described in the guidelines.
This bill would make an appropriation by requiring that the
repayment of loans made in accordance with the federal acts be
deposited into the account and used to make additional loans pursuant
to above provisions.
This bill would also establish in the State Treasury the Energy
Efficient State Property Revolving Fund. The money in the fund would
be continuously appropriated to the Department of General Services
for loans for projects on state-owned buildings and facilities to
achieve greater, long-term energy efficiency, energy conservation,
and energy cost and use avoidance, to be allocated as specified. For
the fiscal year beginning July 1, 2009, the bill would require
$25,000,000 to be transferred into the fund from money received by
the commission pursuant to the federal American Recovery and
Reinvestment Act of 2009. On or before January 1, 2010, and annually
thereafter, the bill would require the department, in collaboration
with the commission, to submit a report to the Legislature,
containing specified information. The bill would require any
repayment of loans made pursuant to this authority to be deposited
into the fund, thereby making an appropriation.
(9) The California Oil Recycling Enhancement Act, administered by
the California Integrated Waste Management Board, among other things,
defines terms and establishes the used oil recycling program. The
act requires the board to deposit all revenues received pursuant to
the act, in the California Used Oil Recycling Fund, part of which is
continuously appropriated to the board to pay recycling incentives,
to provide a reserve for contingencies, to make specified block
grants for implementation of certain local used oil collection
programs in a total amount equal to $10,000,000 or one-half the
amount remaining in the fund after specified expenditures are made,
for certain grants and loans, and for reimbursement for certain
disposal costs of contaminated used oil.
This bill would require the board, during fiscal years 2009-10 and
2010-11, to apply any necessary reductions to block grants in an
equitable manner that takes into account prior year block grants that
are held in reserves by local organizations as available resources
for grantees to use in their operations.
(10) Under existing law, the Department of Water Resources
operates the State Water Resources Development System.
This bill would require the department, on or before January 10,
2010, and annually thereafter, to prepare and submit to the fiscal
committees of the Legislature a report that describes the budget of
the State Water Resources Development System.
(11) The California Bay-Delta Authority Act establishes in the
Natural Resources Agency the California Bay-Delta Authority. The act
requires the authority and the implementing agencies to carry out
programs, projects, and activities necessary to implement the
California Bay-Delta Program. The act requires the authority to
develop policies and make decisions at program milestones, and to
provide direction to achieve balanced implementation, integration,
and continuous improvement in all program elements, including the
science element.
This bill would require the authority to post on its Internet Web
site information relating to the awarding of grants that implement
the science element of the CALFED Bay-Delta Program.
(12) The California Constitution authorizes the Governor to
declare a fiscal emergency and to call the Legislature into special
session for that purpose. The Governor issued a proclamation
declaring a fiscal emergency, and calling a special session for this
purpose, on July 1, 2009.
This bill would state that it addresses the fiscal emergency
declared by the Governor by proclamation issued on July 1, 2009,
pursuant to the California Constitution.
(13) This bill would declare that it is to take effect immediately
as an urgency statute.
Appropriation: yes.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. 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) 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) Interest earned upon money deposited in the Toxic Substances
Control Account.
(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) 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) 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) 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 funds
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) 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.
(D) Activities of the department related to pollution prevention
and technology development, authorized pursuant to this chapter.
(2) The administration of the following units, and successor
organizations of those units, within the department, and the
implementation of programs administered by those units or successor
organizations:
(A) The Human and Ecological Risk Division.
(B) The Environmental Chemistry 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 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 a local agency with the approval of the
director, in response to a release or 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 a 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.
(14) For the administration and collection of the fees imposed
pursuant to Section 25205.6.
(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 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 a 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 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) 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. 2. Section 25299.50.2 of the Health and Safety Code is
amended to read:
25299.50.2. (a) The Underground Storage Tank Petroleum
Contamination Orphan Site Cleanup Fund is hereby established in the
State Treasury.
(b) (1) Except as provided in paragraph (2), the sum of ten
million dollars ($10,000,000) is hereby transferred, for each of the
2008-09, 2009-10, and 2010-11 fiscal years, from the Underground
Storage Tank Cleanup Fund to the Underground Storage Tank Petroleum
Contamination Orphan Site Cleanup Fund.
(2) Available federal moneys may be deposited in the Underground
Storage Tank Petroleum Contamination Orphan Site Cleanup Fund. The
amount transferred pursuant to paragraph (1) in a fiscal year shall
be reduced by the amount of federal moneys deposited in the
Underground Storage Tank Petroleum Contamination Orphan Site Cleanup
Fund in that fiscal year.
(c) The board may expend the moneys in the Underground Storage
Tank Petroleum Contamination Orphan Site Cleanup Fund, upon
appropriation by the Legislature, for the costs of response actions
to remediate the harm caused by a petroleum contamination, including
contamination caused by a refined product of petroleum or a petroleum
derivative, at a site that meets all of the following conditions:
(1) The site meets the conditions described in paragraph (2) of
subdivision (a) of Section 25395.20.
(2) The petroleum contamination is the principal source of
contamination at the site.
(3) The source of the petroleum contamination is, or was, an
underground storage tank.
(4) A financially responsible party has not been identified to pay
for remediation at the site.
(5) If the expenditure includes federal moneys deposited in the
Underground Storage Tank Petroleum Contamination Orphan Site Cleanup
Fund, the expenditure at the site is consistent with all applicable
requirements for expenditure of the federal moneys.
(d) Any funds in the Underground Storage Tank Petroleum
Contamination Orphan Site Cleanup Fund that are not expended in the
2009-10, 2010-11, or 2011-12 fiscal years shall remain in the
Underground Storage Tank Petroleum Contamination Orphan Site Cleanup
Fund until they are encumbered.
(e) Notwithstanding Section 16304.1 of the Government Code, a
disbursement in liquidation of an encumbrance may be made before or
during the four years following the last day the appropriation is
available for encumbrance.
(f) A recipient of a grant that was awarded pursuant to former
Section 25299.50.2, as that section read on December 31, 2007, and
whose encumbrance under the grant was not liquidated within the time
period prescribed in Section 16304.1 of the Government Code, may
receive the undisbursed balance of the encumbrance from the
Underground Storage Tank Petroleum Contamination Orphan Site Cleanup
Fund consistent with the terms of the grant until June 30, 2011.
SEC. 3. Section 25404 of the Health and Safety Code is amended to
read:
25404. (a) For purposes of this chapter, the following terms
shall have the following meanings:
(1) (A) "Certified Unified Program Agency" or "CUPA" means the
agency certified by the secretary to implement the unified program
specified in this chapter within a jurisdiction.
(B) "Participating Agency" or "PA" means a state or local agency
that has a written agreement with the CUPA pursuant to subdivision
(d) of Section 25404.3, and is approved by the secretary, to
implement or enforce one or more of the unified program elements
specified in subdivision (c), in accordance with Sections 25404.1 and
25404.2.
(C) "Unified Program Agency" or "UPA" means the CUPA, or its
participating agencies to the extent each PA has been designated by
the CUPA, pursuant to a written agreement, to implement or enforce a
particular unified program element specified in subdivision (c). The
UPAs have the responsibility and authority to implement and enforce
the requirements listed in subdivision (c), and the regulations
adopted to implement the requirements listed in subdivision (c), to
the extent provided by Chapter 6.5 (commencing with Section 25100),
Chapter 6.67 (commencing with Section 25270), Chapter 6.7 (commencing
with Section 25280), Chapter 6.95 (commencing with Section 25500),
and Sections 25404.1 and 25404.2. After a CUPA has been certified by
the secretary, the unified program agencies and the state agencies
carrying out responsibilities under this chapter shall be the only
agencies authorized to enforce the requirements listed in subdivision
(c) within the jurisdiction of the CUPA.
(2) "Department" means the Department of Toxic Substances Control.
(3) "Minor violation" means the failure of a person to comply with
a requirement or condition of an applicable law, regulation, permit,
information request, order, variance, or other requirement, whether
procedural or substantive, of the unified program that the UPA is
authorized to implement or enforce pursuant to this chapter, and that
does not otherwise include any of the following:
(A) A violation that results in injury to persons or property, or
that presents a significant threat to human health or the
environment.
(B) A knowing, willful, or intentional violation.
(C) A violation that is a chronic violation, or that is committed
by a recalcitrant violator. In determining whether a violation is
chronic or a violator is recalcitrant, the UPA shall consider whether
there is evidence indicating that the violator has engaged in a
pattern of neglect or disregard with respect to applicable regulatory
requirements.
(D) A violation that results in an emergency response from a
public safety agency.
(E) A violation that enables the violator to benefit economically
from the noncompliance, either by reduced costs or competitive
advantage.
(F) A class I violation as provided in Section 25117.6.
(G) A class II violation committed by a chronic or a recalcitrant
violator, as provided in Section 25117.6.
(H) A violation that hinders the ability of the UPA to determine
compliance with any other applicable local, state, or federal rule,
regulation, information request, order, variance, permit, or other
requirement.
(4) "Secretary" means the Secretary for Environmental Protection.
(5) "Unified program facility" means all contiguous land and
structures, other appurtenances, and improvements on the land that
are subject to the requirements listed in subdivision (c).
(6) "Unified program facility permit" means a permit issued
pursuant to this chapter. For the purposes of this chapter, a unified
program facility permit encompasses the permitting requirements of
Section 25284, and permit or authorization requirements under a local
ordinance or regulation relating to the generation or handling of
hazardous waste or hazardous materials, but does not encompass the
permitting requirements of a local ordinance that incorporates
provisions of the Uniform Fire Code or the Uniform Building Code.
(b) The secretary shall adopt implementing regulations and
implement a unified hazardous waste and hazardous materials
management regulatory program, which shall be known as the unified
program, after holding an appropriate number of public hearings
throughout the state. The unified program shall be developed in close
consultation with the director, the Secretary of California
Emergency Management, the State Fire Marshal, the executive officers
and chairpersons of the State Water Resources Control Board and the
California regional water quality control boards, the local health
officers, local fire services, and other appropriate officers of
interested local agencies, and affected businesses and interested
members of the public, including environmental organizations.
(c) The unified program shall consolidate the administration of
the following requirements and, to the maximum extent feasible within
statutory constraints, shall ensure the coordination and consistency
of any regulations adopted pursuant to those requirements:
(1) (A) Except as provided in subparagraphs (B) and (C), the
requirements of Chapter 6.5 (commencing with Section 25100), and the
regulations adopted by the department pursuant thereto, are
applicable to all of the following:
(i) Hazardous waste generators, persons operating pursuant to a
permit-by-rule, conditional authorization, or conditional exemption,
pursuant to Chapter 6.5 (commencing with Section 25100) or the
regulations adopted by the department.
(ii) Persons managing perchlorate materials.
(iii) Persons subject to Article 10.1 (commencing with Section
25211) of Chapter 6.5.
(B) The unified program shall not include the requirements of
paragraph (3) of subdivision (c) of Section 25200.3, the requirements
of Sections 25200.10 and 25200.14, and the authority to issue an
order under Sections 25187 and 25187.1, with regard to those portions
of a unified program facility that are subject to one of the
following:
(i) A corrective action order issued by the department pursuant to
Section 25187.
(ii) An order issued by the department pursuant to Chapter 6.8
(commencing with Section 25300) or Chapter 6.85 (commencing with
Section 25396).
(iii) A remedial action plan approved pursuant to Chapter 6.8
(commencing with Section 25300) or Chapter 6.85 (commencing with
Section 25396).
(iv) A cleanup and abatement order issued by a California regional
water quality control board pursuant to Section 13304 of the Water
Code, to the extent that the cleanup and abatement order addresses
the requirements of the applicable section or sections listed in this
subparagraph.
(v) Corrective action required under subsection (u) of Section
6924 of Title 42 of the United States Code or subsection (h) of
Section 6928 of Title 42 of the United States Code.
(vi) An environmental assessment pursuant to Section 25200.14 or a
corrective action pursuant to Section 25200.10 or paragraph (3) of
subdivision (c) of Section 25200.3, that is being overseen by the
department.
(C) The unified program shall not include the requirements of
Chapter 6.5 (commencing with Section 25100), and the regulations
adopted by the department pursuant thereto, applicable to persons
operating transportable treatment units, except that any required
notice regarding transportable treatment units shall also be provided
to the CUPAs.
(2) The requirements of Chapter 6.67 (commencing with Section
25270) concerning aboveground storage tanks.
(3) (A) Except as provided in subparagraphs (B) and (C), the
requirements of Chapter 6.7 (commencing with Section 25280)
concerning underground storage tanks and the requirements of any
underground storage tank ordinance adopted by a city or county.
(B) The unified program shall not include the responsibilities
assigned to the State Water Resources Control Board pursuant to
Section 25297.1.
(C) The unified program shall not include the corrective action
requirements of Sections 25296.10 to 25296.40, inclusive.
(4) The requirements of Article 1 (commencing with Section 25500)
of Chapter 6.95 concerning hazardous material release response plans
and inventories.
(5) The requirements of Article 2 (commencing with Section 25531)
of Chapter 6.95, concerning the accidental release prevention
program.
(6) The requirements of subdivisions (b) and (c) of Section 80.103
of the Uniform Fire Code, as adopted by the State Fire Marshal
pursuant to Section 13143.9 concerning hazardous material management
plans and inventories.
(d) To the maximum extent feasible within statutory constraints,
the secretary shall consolidate, coordinate, and make consistent
these requirements of the unified program with other requirements
imposed by other federal, state, regional, or local agencies upon
facilities regulated by the unified program.
(e) (1) The secretary shall establish standards applicable to
CUPAs, participating agencies, state agencies, and businesses
specifying the data to be collected and submitted by unified program
agencies in administering the programs listed in subdivision (c).
Those standards shall incorporate any standard developed under
Section 25503.3.
(2) (A) No later than January 1, 2010, the secretary shall
establish a statewide information management system capable of
receiving all data collected by the unified program agencies and
reported by regulated businesses pursuant to this subdivision and
Section 25504.1, in a manner that is most cost efficient and
effective for both the regulated businesses and state and local
agencies. The secretary shall prescribe an XML or other compatible
Web-based format for the transfer of data from CUPAs and regulated
businesses and make all nonconfidential data available on the
Internet.
(B) The secretary shall establish milestones to measure the
implementation of the statewide information management system and
shall provide periodic status updates to interested parties.
(3) (A) (i) Except as provided in subparagraph (B), in addition to
any other funding that becomes available, the secretary shall
increase the oversight surcharge provided for in subdivision (b) of
Section 25404.5 by an amount necessary to meet the requirements of
this subdivision for a period of three years, to establish the
statewide information management system, consistent with paragraph
(2). The increase in the oversight surcharge shall not exceed
twenty-five dollars ($25) in any one year of the three-year period.
The secretary shall thereafter maintain the statewide information
management system, funded by the assessment the secretary is
authorized to impose pursuant to Section 25404.5.
(ii) No less than 75 percent of the additional funding raised
pursuant to clause (i) shall be provided to CUPAs and PAs through
grant funds or statewide contract services, in the amounts determined
by the secretary to assist these local agencies in meeting these
information management system requirements.
(B) A facility that is owned or operated by the federal government
and that is subject to the unified program shall pay the surcharge
required by this paragraph to the extent authorized by federal law.
(C) The secretary, or one or more of the boards, departments, or
offices within the California Environmental Protection Agency, shall
seek available federal funding for purposes of implementing this
subdivision.
(4) No later than three years after the statewide information
management system is established, each CUPA, PA, and regulated
business shall report program data electronically. The secretary
shall work with the CUPAs to develop a phased in schedule for the
electronic collection and submittal of information to be included in
the statewide information management system, giving first priority to
information relating to those chemicals determined by the secretary
to be of greatest concern. The secretary, in making this
determination shall consult with the CUPAs, the California Emergency
Management Agency, the State Fire Marshal, and the boards,
departments, and offices within the California Environmental
Protection Agency. The information initially included in the
statewide information management system shall include, but is not
limited to, the hazardous materials inventory information required to
be submitted pursuant to Section 25504.1 for perchlorate materials.
(5) The secretary, in collaboration with the CUPAs, shall provide
technical assistance to regulated businesses to comply with the
electronic reporting requirements and may expend funds identified in
clause (i) of subparagraph (A) of paragraph (3) for that purpose.
SEC. 4. Section 4464 of the Public Resources Code is amended to
read:
4464. Unless the context clearly requires otherwise, the
following definitions govern the construction of this chapter:
(a) "Hazardous fuel reduction" means the application of practices
to wild lands, the primary impact of which to the vegetation is
generally limited to the reduction of surface and ladder wild land
fuels. These practices include, but are not limited to, prescribed
fire, piling by machine or by hand in preparation for burning,
thinning, pruning, or grazing. Treatments that reduce crown densities
shall be prescribed only for the purpose of impacting fire behavior,
and if it can be reasonably concluded, based on the proposed
treatment, that the likelihood for the formation of crown fires is
reduced.
(b) "Nonprofit organization" means any California corporation
organized under Section 501(c)(3) or 501(c)(4) of the federal
Internal Revenue Code.
(c) "Person" means any natural person, firm, association,
partnership, business trust, corporation, limited liability company,
company, nonprofit organization, or a combination of those, or any
public agency other than an agency of the federal government.
(d) "Prescribed burn crew" means personnel and firefighting
equipment of the department that are prepared to contain fire set in
a prescribed burning operation and to suppress any fire that escapes
during a prescribed burning operation.
(e) "Prescribed burning" or "prescribed burning operation" means
the planned application and confinement of fire to wild land fuels on
lands selected in advance of that application to achieve any of the
following objectives:
(1) Prevention of high-intensity wild land fires through reduction
of the volume and continuity of wild land fuels.
(2) Watershed management.
(3) Range improvement.
(4) Vegetation management.
(5) Forest improvement.
(6) Wildlife habitat improvement.
(7) Air quality maintenance.
(f) "Wild land" means any land that is classified as a state
responsibility area pursuant to Article 3 (commencing with Section
4125) of Chapter 1 and includes any land having a flammable plant
cover. "Wild land" also
means any land not classified as a state responsibility area where
the geographic location of these lands and accumulation of wild land
fuel is such that a wild land fire occurring on these lands would
pose a threat to a state responsibility area.
(g) "Wild land fire" means any uncontrolled fire burning on wild
land.
(h) "Wild land fuel" means any timber, brush, grass, or other
flammable vegetation, living or dead, standing or down.
SEC. 5. Section 4475 of the Public Resources Code is amended to
read:
4475. (a) The director may enter into an agreement, including a
grant agreement, for prescribed burning or other hazardous fuel
reduction that is consistent with this chapter and the regulations of
the board with either the owner or any other person who has legal
control of any property or any public agency with regulatory or
natural resource management authority over any property that is
included within any wild land for any of the following purposes, or
any combination of those purposes:
(1) Prevention of high-intensity wild land fires through reduction
of the volume and continuity of wild land fuels.
(2) Watershed management.
(3) Range improvement.
(4) Vegetation management.
(5) Forest improvement.
(6) Wildlife habitat improvement.
(7) Air quality maintenance.
(b) An agreement shall not be entered into pursuant to this
section unless the director determines that the public benefits
estimated to be derived from the prescribed burning or other
hazardous fuel reduction pursuant to the agreement will be equal to
or greater than the foreseeable damage that could result from the
prescribed burning or other hazardous fuel reduction.
SEC. 6. Section 4475.5 of the Public Resources Code is amended to
read:
4475.5. (a) The state may assume a proportionate share of the
costs of site preparation and prescribed burning or other hazardous
fuel reduction conducted pursuant to this article on wild lands other
than wild lands under the jurisdiction of the federal government.
The state's share of those costs shall bear the same ratio to the
total costs of the operation as the public benefits bear to all
public and private benefits to be derived from the prescribed burning
operation or other hazardous fuel reduction, as estimated and
determined by the director. The state's share of the costs may exceed
90 percent of the total costs of the operation only if the director
determines that no direct private economic benefits will accrue or
will be utilized by a person that owns or controls any property under
contract pursuant to Section 4475.
(b) The board shall adopt regulations establishing standards to be
used by the director in determining the state's share of these costs
and in determining whether, pursuant to Section 4475, the public
benefits of a prescribed burning operation or other hazardous fuel
reduction will equal or exceed the foreseeable damage therefrom.
(c) The determination of public and private benefits pursuant to
this section shall reflect any substantial benefit to be derived from
accomplishing any of the purposes specified in Section 4475 and the
prevention of degradation of air quality.
(d) All or part of these costs to be borne by the person
contracting with the department may be met by the value of materials,
services, or equipment furnished by that person directly, or
furnished by that person pursuant to an agreement with a private
consultant or contractor, or furnished by a combination of both
means, that are determined by the department to be suitable for the
preparation for, and the conduct of, the prescribed burning operation
or other hazardous fuel reduction.
(e) The director may accept grants and donations of equipment,
materials, or funds from any source for the purpose of supporting or
facilitating the prescribed burning or other hazardous fuels
reduction work undertaken pursuant to this chapter. The director may
waive the cost sharing requirements of this chapter if the funding
source prohibits cost sharing requirements.
SEC. 7. Section 4799.04 of the Public Resources Code is amended to
read:
4799.04. To effectuate the purposes of this chapter, the
department is authorized to:
(a) Collect or contract for adequate supplies of high-quality seed
and take whatever steps are necessary to insure to the maximum
degree feasible that seeds or seedlings planted as part of forest
resource improvement projects undertaken pursuant to this chapter are
adapted to the planting site and measures are taken to assure
appropriate diversity of forest species.
(b) Contract for seedling production and, in cooperation with
other state, local, and federal agencies, encourage the production of
seedlings needed to accomplish reforestation in the state by small
business entities in or near areas where planting will be carried
out.
(c) Provide technical assistance to private seedling nurseries and
conduct a program for certification of the quality and adaptability
of seeds and tree seedlings supplied for forest resource improvement
projects undertaken pursuant to this chapter.
(d) Increase availability of genetically improved seed and
planting stock by expansion of seed orchards or other recognized tree
improvement techniques.
(e) In cooperation with other public and private entities or
persons:
(1) Conduct necessary research and take other appropriate measures
to protect the genetic integrity and diversity of forest tree
species, including, but not limited to, a seed depository.
(2) Conduct research and make grants or enter into contracts or
cooperative agreements with public and private entities or persons
concerning measures to increase the contribution of trees to improve
the natural environment and economy of the state and measures to
otherwise accomplish the purposes of this chapter.
(f) Purchase necessary equipment or materials and, in accordance
with the State Civil Service Act (commencing with Section 18570 of
the Government Code), appoint such deputies, officers, and other
employees as may be necessary.
(g) In cooperation with other public and private entities and
persons, establish such training and educational programs as may be
appropriate to increase the number of workers with necessary skills
to carry out seed collection, seedling production, and forest
resource improvement projects.
(h) To accept grants and donations of equipment, seedlings,
materials, or funds from any source for the purpose of supporting or
facilitating forest resource improvement work undertaken pursuant to
the provisions of this chapter. Any funds received shall be deposited
by the director in the Forest Resource Improvement Fund established
pursuant to Chapter 3 (commencing with Section 4799.13) of this part.
No federal funds received as part of the American Recovery and
Reinvestment Act (Public Law 111- 5) shall be deposited into the
Forest Resources Improvement Fund.
(i) Waive the landowner cost sharing requirements of this chapter
if the funding source for the authorized forest improvement work
prohibits cost sharing requirements.
SEC. 8. Section 4799.12 of the Public Resources Code is amended to
read:
4799.12. The director, with advice from other appropriate state
agencies and interested parties, may make grants to provide
assistance of 25 to 90 percent of costs for projects meeting
guidelines established by the board upon recommendation by the
director. The director may waive the cost sharing requirement for
projects that are in disadvantaged and severely disadvantaged
communities. Grants may be made to cities, counties, districts, and
nonprofit organizations. The director may also waive the cost sharing
requirement if the funding source for a grant prohibits cost sharing
requirements. Contributions required as a condition of grants made
pursuant to this section may be made in the form of material,
services, or equipment, or funds. Authorized assistance may include,
but is not limited to, any of the following needs:
(a) Funding for development of urban tree plans that include
coordination of local agency efforts and citizen involvement.
(b) Funding for development of urban tree plans that include
coordination of multiple jurisdictions, multiple agency efforts, and
citizen involvement.
(c) Funding for development of urban forest master plans or
similar plans designed to provide comprehensive protection,
maintenance, and management of the urban forest.
(d) Provision of seedling and tree stock.
(e) Tree planting projects.
(f) Funding and other assistance to local agencies and nonprofit
organizations for partnerships as follows:
(1) Energy saving urban forest programs similar to the Los Angeles
Department of Water and Power's Trees for Green LA program and the
Sacramento Municipal Utility District's Sacramento Shade Tree
program.
(2) Developing projects or programs that use urban forests for
water conservation, improving water quality, or stormwater capture.
(3) Developing projects or programs that use urban forests for air
quality improvement, reduction in greenhouse gas emissions, or
reduction of urban heat island effect.
(4) Developing community education and engagement programs on the
benefits and proper care of trees.
(g) Funding for the development of training and educational
materials on the benefits of the urban forest.
(h) Funding for the development of training and educational
materials on proper care and maintenance of trees and the urban
forest, including young and mature tree care.
(i) Funding and other assistance, based on criteria developed by
the department, for management of urban forests to ensure their
survival and ability to optimize the benefits that urban forests
provide the community and the environment.
(j) Funding and other assistance for demonstration projects in
urban forestry with special attention given to projects or programs
assisting the state in meeting the requirements of the Global Warming
Solutions Act of 2006 (Division 25.5 (commencing with Section 38500)
of the Health and Safety Code), improving energy and water
conservation, capturing and filtering urban stormwater, improving
water quality, reducing the urban heat island effect, improving air
quality, and wood and fiber utilization projects, including, but not
limited to, biofuel and bioenergy.
(k) Other categories of projects recommended by the director and
approved by the board.
SEC. 9. Section 21191 of the Public Resources Code is amended to
read:
21191. (a) The California Environmental License Plate Fund, which
supersedes the California Environmental Protection Program Fund, is
continued in existence in the State Treasury, and consists of the
moneys deposited in the fund pursuant to any provision of law. The
Legislature shall establish the amount of fees for environmental
license plates, which shall be not less than forty-eight dollars
($48) for the issuance or thirty-eight dollars ($38) for the renewal
of an environmental license plate.
(b) The Controller shall transfer from the California
Environmental License Plate Fund to the Motor Vehicle Account in the
State Transportation Fund the amount appropriated by the Legislature
for the reimbursement of costs incurred by the Department of Motor
Vehicles in performing its duties pursuant to Sections 5004, 5004.5,
and 5022 and Article 8.5 (commencing with Section 5100) of Chapter 1
of Division 3 of the Vehicle Code. The reimbursement from the
California Environmental License Plate Fund shall only include those
additional costs which are directly attributable to any additional
duties or special handling necessary for the issuance, renewal, or
retention of the environmental license plates.
(c) The Controller shall transfer to the post fund of the Veterans'
Home of California, established pursuant to Section 1047 of the
Military and Veterans Code, all revenue derived from the issuance of
prisoner of war special license plates pursuant to Section 5101.5 of
the Vehicle Code less the administrative costs of the Department of
Motor Vehicles in that regard.
(d) The Director of Motor Vehicles shall certify the amounts of
the administrative costs of the Department of Motor Vehicles in
subdivision (c) to the Controller.
(e) The balance of the moneys in the California Environmental
License Plate Fund shall be available for expenditure only for the
exclusive trust purposes specified in Section 21190, upon
appropriation by the Legislature. However, all moneys derived from
the issuance of commemorative 1984 Olympic reflectorized license
plates in the California Environmental License Plate Fund shall be
used only for capital outlay purposes.
(f) All proposed appropriations for the program shall be
summarized in a section in the Governor's Budget for each fiscal year
and shall bear the caption "California Environmental Protection
Program." The section shall contain a separate description of each
project for which an appropriation is made. All of these
appropriations shall be made to the department performing the project
and accounted for separately.
(g) The budget the Governor presents to the Legislature pursuant
to subdivision (a) of Section 12 of Article IV of the California
Constitution shall include, as proposed appropriations for the
California Environmental Protection Program, only projects and
programs recommended for funding by the Secretary of the Natural
Resources Agency pursuant to subdivision (a) of Section 21193. The
Secretary of the Natural Resources Agency shall consult with the
Secretary for Environmental Protection before making any
recommendations to fund projects pursuant to subdivision (a) of
Section 21190.
SEC. 10. Section 25218 of the Public Resources Code is amended to
read:
25218. In addition to other powers specified in this division,
the commission may do any of the following:
(a) Apply for and accept grants, contributions, and
appropriations, and award grants consistent with the goals and
objectives of a program or activity the commission is authorized to
implement or administer.
(b) Contract for professional services if the work or services
cannot be satisfactorily performed by its employees or by any other
state agency.
(c) Be sued and sue.
(d) Request and utilize the advice and services of all federal,
state, local, and regional agencies.
(e) Adopt any rule or regulation, or take any action, it deems
reasonable and necessary to carry out this division.
(f) Adopt rules and regulations, or take any action, it deems
reasonable and necessary to ensure the free and open participation of
any member of the staff in proceedings before the commission.
SEC. 11. Section 25414 of the Public Resources Code is amended to
read:
25414. Annually at the conclusion of each fiscal year, but not
later than October 31, each eligible institution that has received an
allocation pursuant to this chapter shall compute the cost of energy
saved as a result of implementing a project funded by the
allocation. The cost shall be calculated in a manner prescribed by
the commission.
SEC. 12. Section 25415 of the Public Resources Code is amended to
read:
25415. (a) Each eligible institution to which an allocation has
been made under this chapter shall repay the principal amount of the
allocation, plus interest, in not more than 30 equal semiannual
payments, as determined by the commission. The first semiannual
payment shall be made on or before December 22 of the fiscal year
following the year in which the project is completed. The repayment
period may not exceed the life of the equipment, as determined by the
commission or the lease term of the building in which the energy
conservation measures will be installed.
(b) Notwithstanding any other provision of law, the commission
shall, unless it determines that the purposes of this chapter would
be better served by establishing an alternative interest rate
schedule, periodically set interest rates on the loans based on
surveys of existing financial markets and at rates not less than 1
percent per annum.
(c) The governing body of each eligible institution shall annually
budget an amount at least sufficient to make the semiannual payments
required in this section. The amount shall not be raised by the levy
of additional taxes but shall instead be obtained by a savings in
energy costs or other sources.
SEC. 13. Section 25416 of the Public Resources Code is amended to
read:
25416. (a) The State Energy Conservation Assistance Account is
hereby created in the General Fund. Notwithstanding Section 13340 of
the Government Code, the account is continuously appropriated to the
commission without regard to fiscal year.
(b) The money in the account shall consist of all money authorized
or required to be deposited in the account by the Legislature and
all money received by the commission pursuant to Sections 25414 and
25415.
(c) The money in the account shall be disbursed by the Controller
for the purposes of this chapter as authorized by the commission.
(d) The commission may contract and provide grants for services to
be performed for eligible institutions. Services may include, but
are not limited to, feasibility analysis, project design, field
assistance, and operation and training. The amount expended for those
services may not exceed 10 percent of the unencumbered balance of
the account as determined by the commission on July 1 of each year.
(e) The commission may make grants to eligible institutions for
innovative projects and programs. Except as provided in subdivision
(d), the amount expended for grants may not exceed 5 percent of the
annual unencumbered balance in the account as determined by the
commission on July 1 of each fiscal year.
(f) The commission may charge a fee for the services provided
under subdivision (d).
(g) Notwithstanding any other provision of law, the Controller may
use the State Energy Conservation Assistance Account for loans to
the General Fund as provided in Sections 16310 and 16381 of the
Government Code.
SEC. 14. Section 25420 of the Public Resources Code is amended to
read:
25420. The commission may expend from the State Energy
Conservation Assistance Account an amount to pay for the actual
administrative costs incurred by the commission pursuant to this
chapter. The amount shall not exceed 5 percent of the annual
unencumbered balance in the account as determined by the commission
on July 1 of each fiscal year, to be used to defray costs incurred by
the commission for allocations made by the commission pursuant to
this chapter.
SEC. 15. Section 25422 is added to the Public Resources Code, to
read:
25422. (a) Federal funds available to the commission pursuant to
Chapter 5.6 (commencing with Section 25460) may be used by the
commission to augment funding for grants and loans pursuant to this
chapter. Any federal funds used for loans shall, when repaid, be
deposited into the Energy Conservation Assistance Account and used to
make additional loans pursuant to this chapter.
(b) A separate subaccount shall be established within the Energy
Conservation Assistance Account to track the award and repayment of
loans from federal funds, including any interest earnings, in
accordance with the federal American Recovery and Reinvestment Act of
2009 (Public Law 111-5).
SEC. 16. Section 25450 of the Public Resources Code is amended to
read:
25450. (a) The Legislature finds and declares all of the
following:
(1) The cost of energy in California is increasing and creating
greater demands on local governments' operating budgets.
(2) The 110th Congress enacted the Energy Independence and
Security Act of 2007 (42 U.S.C. Sec. 17001 et seq.) that provides
energy efficiency and conservation block grants to eligible entities,
including states, to reduce fossil fuel emissions, improve energy
efficiency, and reduce overall energy use.
(3) Section 545(c)(1)(A) of the Energy Independence and Security
Act of 2007 (42 U.S.C. Sec. 17155(c)(1)(A)) mandates that states
receiving block grants under the act use not less than 60 percent of
the grant amount to provide subgrants to local governments that are
not eligible entities for the purposes of the act.
(4) The 111th Congress enacted the American Recovery and
Reinvestment Act of 2009 (Public Law 111-5) that appropriates funds
for energy efficiency and conservation block grants.
(b) It is the intent of the Legislature to fully implement the
requirements for, and achieve the purposes of, the energy efficiency
and conservation block grants provided pursuant to the Energy
Independence and Security Act of 2007 and the American Recovery and
Reinvestment Act of 2009 (Public Law 111-5), in the most expedient
manner possible, and that the funds allocated to the state pursuant
to those acts be administered by the commission.
(c) It is the intent of the Legislature to strive to maximize the
opportunity to allocate funds toward the most cost-effective energy
efficiency projects, and when allocating funds toward administration,
the commission should use the allowable administrative expenses
specified in Section 545(c)(4) of the Energy Independence and
Security Act of 2007 (42 U.S.C. Sec. 17155(c)(4)) as a ceiling and
improve efficiencies to allocate less than the allowable amount.
SEC. 17. Section 25450.1 of the Public Resources Code is amended
to read:
25450.1. The commission shall administer the funds allocated to
and received by the state pursuant to the Energy Independence and
Security Act of 2007 (42 U.S.C. Sec. 17001 et seq.) and the American
Recovery and Reinvestment Act of 2009 (Public Law 111-5) for the
Energy Efficiency and Conservation Block Grant Program established
pursuant to Section 542 of the Energy Independence and Security Act
of 2007 (42 U.S.C. Sec. 17152), and may use the federal funds to
award contracts, grants, and loans as expeditiously as possible
consistent with those acts.
SEC. 18. Section 25450.2 of the Public Resources Code is amended
to read:
25450.2. (a) Not less than 60 percent of the funds received
pursuant to Section 25450.1 shall be used to provide cost-effective
energy efficiency, climate change planning, and conservation grants
to cities with a population of less than 35,000 and counties with a
population of less than 200,000, and be prioritized based on
cost-effective energy efficiency. However, this population
requirement does not apply to funds received pursuant to the American
Recovery and Reinvestment Act of 2009 (Public Law 111-5).
(b) The remaining funds received pursuant to Section 25450.1 shall
be used to provide cost-effective energy efficiency and conservation
contracts, grants, and loans to eligible entities consistent with
the Energy Independence and Security Act of 2007 (42 U.S.C. Sec.
17001 et seq.) and the American Recovery and Reinvestment Act of 2009
(Public Law 111-5) that govern or fund the Energy Efficiency and
Conservation Block Grant program and be prioritized based on
cost-effective energy efficiency.
SEC. 19. Section 25450.3 of the Public Resources Code is amended
to read:
25450.3. The commission shall not exceed the amount specified in
Section 545(c)(4) of the Energy Independence and Security Act of 2007
(42 U.S.C. Sec. 17155(c)(4)) for administrative expenses, which
include, but are not limited to, reporting, recordkeeping, and
evaluation activities required by the Energy Independence and
Security Act of 2007 (42 U.S.C. Section 17001 et seq.), the American
Recovery and Reinvestment Act of 2009 (Public Law 111-5), and
implementing regulations and guidelines, that govern or fund the
Energy Efficiency and Conservation Block Grant Program, and the
combined administration program costs, indirect costs, overhead, and
costs associated with the Statewide Cost Allocation Plan.
SEC. 20. Section 25450.4 is added to the Public Resources Code, to
read:
25450.4. The commission may award contracts, grants, and loans
pursuant to this chapter, unless otherwise prohibited by the Energy
Independence and Security Act of 2007 (42 U.S.C. Sec. 17001 et seq.),
the American Recovery and Reinvestment Act of 2009 (Public Law
111-5), implementing regulations and guidelines.
SEC. 21. Section 25450.5 is added to the Public Resources Code, to
read:
25450.5. (a) The commission may adopt guidelines governing the
award, eligibility, and administration of funding pursuant to the
American Recovery and Reinvestment Act of 2009 (Public Law 111-5) at
a publicly noticed meeting offering all interested parties an
opportunity to comment. The commission shall provide written public
notice of not less than 30 days for the initial adoption of
guidelines. Substantive changes to the guidelines shall not be
adopted without 15-day written notice to the public. Notwithstanding
any other provision of law, any guidelines adopted pursuant to this
chapter shall be exempt from the requirements of Chapter 3.5
(commencing with Section 11340) of Part 1 of Division 3 of Title 2 of
the Government Code.
(b) Grants and loans made pursuant to this chapter are subject to
appeal to the commission upon a showing that factors other than those
described in the guidelines adopted by the commission were applied
in making the awards and payments.
SEC. 22. Chapter 5.6 (commencing with Section 25460) is added to
Division 15 of the Public Resources Code, to read:
CHAPTER 5.6. FEDERAL FUNDING OF ENERGY-RELATED PROJECTS AND
STATE ENERGY PROGRAMS
25460. (a) The Legislature finds and declares that the 111th
Congress enacted the American Recovery and Reinvestment Act of 2009
(Public Law 111-5) that appropriates funds for various energy
programs administered by the commission.
(b) It is the intent of the Legislature that the commission should
have the authority to award contracts, grants, and loans from funds
received pursuant to the American Recovery and Reinvestment Act of
2009 and to make the awards as expeditiously as possible.
25461. (a) Except as provided in Chapter 5.5 (commencing with
Section 25450), the commission shall administer federal funds
allocated to, and received by, the state for energy-related projects
pursuant to the American Recovery and Reinvestment Act of 2009
(Public Law 111-5) or federal acts related to the American Recovery
and Reinvestment Act of 2009.
(b) Unless otherwise prohibited by the American Recovery and
Reinvestment Act of 2009 (Public Law 111-5) or subsequent federal
acts related to the American Recovery and Reinvestment Act of 2009,
the commission may use the federal funds to award contracts, grants,
and loans for energy efficiency, energy conservation, renewable
energy, and other energy-related projects
and activities authorized by the American
Recovery and Reinvestment Act of 2009 or subsequent federal acts
related to the American Recovery and Reinvestment Act of 2009.
25462. (a) The commission may adopt guidelines governing the
award, eligibility, and administration of funding pursuant to this
chapter at a publicly noticed meeting offering all interested parties
an opportunity to comment. The commission shall provide written
public notice of not less than 30 days for the initial adoption of
guidelines. Substantive changes to the guidelines shall not be
adopted without 15-day written notice to the public. Notwithstanding
any other provision of law, any guidelines adopted pursuant to this
chapter shall be exempt from the requirements of Chapter 3.5
(commencing with Section 11340) of Part 1 of Division 3 of Title 2 of
the Government Code.
(b) Grants and loans made pursuant to this chapter are subject to
appeal to the commission upon a showing that factors other than those
described in the guidelines adopted by the commission were applied
in making the awards and payments.
25463. (a) Notwithstanding any other provision of this division,
federal funds available to the commission pursuant to this chapter
may be used by the commission to augment funding for any programs or
measures authorized by this division unless otherwise prohibited by
the American Recovery and Reinvestment Act of 2009 (Public Law
111-5). The commission may administer any funds used to augment other
programs using the procedures of the augmented program consistent
with applicable federal law.
(b) This section shall be liberally construed to maximize the
commission's ability to utilize and award federal funds expeditiously
and in accordance with the American Recovery and Reinvestment Act of
2009 or federal acts related to the American Recovery and
Reinvestment Act of 2009.
SEC. 23. Chapter 5.7 (commencing with Section 25470) is added to
Division 15 of the Public Resources Code, to read:
CHAPTER 5.7. ENERGY EFFICIENT STATE PROPERTY REVOLVING FUND
25470. As used in this chapter:
(a) "Act" means the federal American Recovery and Reinvestment Act
of 2009 (Public Law 111-5).
(b) "Allocation" means a loan of funds by the Department of
General Services pursuant to the procedures specified in this
chapter.
(c) "Building" means any existing structure that includes a
heating or cooling system, or both. Additions to an existing building
shall be considered part of that building rather than a separate
building.
(d) "Department" means the Department of General Services.
(e) "Energy audit" means a determination of the energy consumption
characteristics of a building that does all of the following:
(1) Identifies the type, size, and energy use level of the
building and the major energy using systems of the building.
(2) Determines appropriate energy conservation maintenance and
operating procedures.
(3) Indicates the need, if any, for the acquisition and
installation of energy conservation measures.
(f) "Energy conservation maintenance and operating procedure"
means a modification or modifications in the maintenance and
operations of a building, and any installations therein, based on the
use time schedule of the building that are designed to reduce energy
consumption in the building and that require no significant
expenditure of funds.
(g) "Energy conservation measure" means an installation or
modification of an installation in a building that is primarily
intended to reduce energy consumption or allow the use of a more
cost-effective energy source.
(h) "Energy conservation project" means an undertaking to acquire
and to install one or more energy conservation measures in a
building, and technical assistance in connection with that
undertaking.
(i) "Fund" means the Energy Efficient State Property Revolving
Fund.
(j) "Project" means a purpose for which an allocation may be
requested and made under this chapter. Those purposes shall include
energy audits, energy conservation and operating procedures, and
energy conservation measures in existing buildings, and energy
conservation projects.
(k) "State agency" means a unit of state government, including any
department, agency, board, or commission under the State of
California.
(l) "State-owned building" means a building that is primarily
occupied by offices or agencies of a unit of state government and
includes those properties owned by the State of California.
25471. (a) There is hereby created in the State Treasury the
Energy Efficient State Property Revolving Fund for the purpose of
implementing this chapter. Notwithstanding Section 13340 of the
Government Code, the money in this fund is continuously appropriated
to the department, without regard to fiscal years, for loans for
projects on state-owned buildings and facilities to achieve greater,
long-term energy efficiency, energy conservation, and energy cost and
use avoidance.
(b) The fund shall be administered by the department. The
department may use other funding sources to leverage project loans.
(c) For the 2009-10 fiscal year, the sum of twenty-five million
dollars ($25,000,000) shall be transferred into the Energy Efficient
State Property Revolving Fund from money received by the commission
pursuant to the act to be used for purposes of the federal State
Energy Program.
(d) The Controller shall disburse moneys in the fund for the
purposes of this chapter, as authorized by the department.
(e) Moneys in the fund, including all interest earnings, shall be
clearly delineated and distinctly accounted for in accordance with
the requirements of the act.
25472. (a) The department, in consultation with the commission,
shall establish a process by which projects are identified and
funding is allocated.
(b) Beginning July 1, 2009, the department shall use money in the
fund for projects that will improve long-term energy efficiency and
increase energy use savings.
(c) The department shall comply with the requirements of the act
and implementing guidelines of the commission, including, but not
limited to, performance metrics, data collection, and reporting. All
projects must be consistent with these requirements and guidelines.
(d) Funding prioritization shall be granted to those projects that
are cost-effective and will yield immediate and sustainable energy
efficiency, energy conservation, energy use cost savings, and cost
avoidance.
(e) The department shall fund allowable projects through a loan to
the appropriate state agency or agencies occupying the building or
facility for which the project will be performed.
(f) The department shall determine a reasonable loan repayment
schedule that may not exceed the life of the energy conservation
measure equipment, as determined by the department, or the lease term
of the building in which the energy conservation measure is
installed.
(g) Maximum loan amounts shall be based on estimated energy cost
savings that will allow state agencies to repay loan principal and
interest within the maximum repayment term specified in this section.
(h) The department shall periodically set interest rates on the
loans based on surveys of existing financial markets and at rates of
not less than 1 percent per annum.
(i) Annual loan repayment amounts shall be structured so as to
reflect the projected annualized energy cost avoidance estimated from
the completed project. The department may utilize a direct billing
methodology to recover loan repayments for completed projects.
25473. (a) On or before January 1, 2010, and annually thereafter,
the department, in collaboration with the commission, shall submit
to the Legislature's fiscal and appropriate policy committees a
report that includes an initial list of projects identified and
planned for the 2009-10 fiscal year, and for each fiscal year
thereafter. The report also shall include the anticipated cost of
each project, an analysis of the results of the methodology, and an
estimate of energy savings to be achieved.
(b) On or before July 1, 2010, the department, in collaboration
with the commission, shall submit to the Legislature an update to the
January 1, 2010, report.
25474. (a) Any repayment of loans made pursuant to this chapter,
including interest payments, and all interest earnings on or accruing
to, any money resulting from the implementation of this chapter in
the Energy Efficient State Property Revolving Fund, shall be
deposited in that fund and shall be available for the purposes of
this chapter.
(b) The department may recover costs of administering the projects
and related costs through energy utility rebates awarded to the
state agency as a result of completed projects up to 5 percent of the
project loan amounts. Project costs can include energy efficiency
improvements and costs associated with managing the project and
administering the loan program, including all reporting requirements.
SEC. 24. Section 48653 of the Public Resources Code is amended to
read:
48653. The board shall deposit all amounts paid pursuant to
Section 48650 by manufacturers, civil penalties, or fines paid
pursuant to this chapter, and all other revenues received pursuant to
this chapter into the California Used Oil Recycling Fund, which is
hereby created in the State Treasury. Notwithstanding Section 13340
of the Government Code, the money in the fund is to be appropriated
solely as follows:
(a) Continuously appropriated to the board for expenditure for the
following purposes:
(1) To pay recycling incentives pursuant to Section 48651.
(2) To provide a reserve for contingencies, as may be available
after making other payments required by this section, in an amount
not to exceed one million dollars ($1,000,000).
(3) To make block grants for the implementation of local used oil
collection programs adopted pursuant to Article 10 (commencing with
Section 48690) to cities, based on the city's population, and
counties, based on the population of the unincorporated area of the
county, in a total annual amount equal to ten million dollars
($10,000,000) or half of the amount that remains in the fund after
the expenditures are made pursuant to paragraphs (1) to (3),
inclusive, and subdivision (b), whichever amount is greater,
multiplied by the fraction equal to the population of cities and
counties which are eligible for block grants pursuant to Section
48690, divided by the population of the state. The board shall use
the latest population estimates of the state generated by the
Population Research Unit of the Department of Finance in making the
calculations required by this paragraph. During the fiscal year
2009-10 and 2010-11, the board shall apply any necessary reductions
to block grants in an equitable manner that takes into account prior
year block grants that are held in reserves by local organizations as
available for grantees to use in their operations.
(4) For expenditures pursuant to Section 48656.
(b) The money in the fund may be expended by the board for the
administration of this chapter and by the department for inspections
and reports pursuant to Section 48661, only upon appropriation by the
Legislature in the annual Budget Act.
(c) The money in the fund may be transferred to the Farm and Ranch
Solid Waste Cleanup and Abatement Account in the General Fund, upon
appropriation by the Legislature in the annual Budget Act, to pay the
costs associated with implementing and operating the Farm and Ranch
Solid Waste Cleanup and Abatement Grant Program established pursuant
to Chapter 2.5 (commencing with Section 48100).
(d) Appropriations to the board to pay the costs necessary to
administer this chapter, including implementation of the reporting,
monitoring, and enforcement program pursuant to subdivision (d) of
Section 48631, shall not exceed three million dollars ($3,000,000)
annually.
(e) The Legislature hereby finds and declares its intent that the
sum of two hundred fifty thousand dollars ($250,000) should be
annually appropriated from the California Used Oil Recycling Fund in
the annual Budget Act to the board, commencing with fiscal year
1996-97, for the purposes of Section 48655.
SEC. 25. Section 5106 of the Vehicle Code is amended to read:
5106. (a) Except as provided in Section 5101.7, in addition to
the regular registration fee or a permanent trailer identification
fee, the applicant shall be charged a fee of forty-eight dollars
($48) for issuance of environmental license plates.
(b) In addition to the regular renewal fee or a permanent trailer
identification fee for the vehicle to which the plates are assigned,
the applicant for a renewal of environmental license plates shall be
charged an additional fee of thirty-eight dollars ($38). An applicant
with a permanent trailer identification plate shall be charged an
annual fee of thirty-eight dollars ($38) for renewal of environmental
license plates. However, applicants for renewal of prisoner-of-war
special license plates issued under Section 5101.5 shall not be
charged the additional renewal fee under this subdivision.
(c) When payment of renewal fees is not required as specified in
Section 4000, the holder of any environmental license plate may
retain the plate upon payment of an annual fee of thirty-eight
dollars ($38). The fee shall be due at the expiration of the
registration year of the vehicle to which the environmental license
plate was last assigned. However, applicants for retention of
prisoner-of-war special license plates issued under Section 5101.5
shall not be charged the additional retention fee under this
subdivision.
(d) Notwithstanding Section 9265, the applicant for a duplicate
environmental license plate or a duplicate, replacement commemorative
1984 Olympic reflectorized license plate shall be charged a fee of
thirty-eight dollars ($38).
SEC. 26. Section 5108 of the Vehicle Code is amended to read:
5108. Whenever any person who has been issued environmental
license plates applies to the department for transfer of the plates
to another passenger vehicle, commercial motor vehicle, trailer, or
semitrailer, a transfer fee of thirty-eight dollars ($38) shall be
charged in addition to all other appropriate fees.
SEC. 27. Section 147 is added to the Water Code, to read:
147. (a) On or before January 10, 2010, and annually thereafter,
the department shall prepare and submit to the chairpersons of the
fiscal committees of the Legislature a report with regard to the
budget for the State Water Resources Development System.
(b) The department shall include in the report all of the
following information:
(1) A description of the expenditures made, or projected to be
made, as applicable, on behalf of the State Water Resources
Development System, by program and fund, and of the total revenues
expended, or projected to be expended, as applicable, for that
system, including each fund source.
(2) A description of the positions within the department that
carry out functions related to the State Water Resources Development
System, and the total number of those positions.
(3) A description of any funds, other than funds generated by the
State Water Resources Development System, that are expended, or
projected to be expended, as applicable, for the State Water
Resources Development System, including those funds used for
cost-sharing purposes.
(4) An itemization of all contracts related to the Bay-Delta
Conservation Plan financed, or projected to be financed, as
applicable, in full or in part with funds generated by the State
Water Resources Development System, including the dollar amount of
those contracts and a brief description of the purposes of those
contracts.
(c) The department shall include in each report information
relating to three fiscal years that include the two completed fiscal
years that immediately precede the year in which the report is due,
along with applicable information for the fiscal year in which the
report is due. The department shall prepare the first report required
under subdivision (a) for the 2007-08, 2008-09, and 2009-10 fiscal
years.
SEC. 28. Section 79424 is added to the Water Code, to read:
79424. (a) The authority shall post on its Internet Web site
information relating to the awarding of grants that implement the
science element of the CALFED Bay-Delta Program.
(b) The information required to be posted pursuant to subdivision
(a) shall include all of the following:
(1) The dollar amount of the grant.
(2) The purpose of the grant.
(3) The date on which the grant was awarded.
(4) The identity of the entity awarding the grant and the identity
of the entity receiving the grant.
SEC. 29. This act addresses the fiscal emergency declared by the
Governor by proclamation on July 1, 2009, pursuant to subdivision (f)
of Section 10 of Article IV of the California Constitution.
SEC. 30. 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 implement the Budget Act of 2009 as quickly as
possible, it is necessary that this act take immediate effect.