AB 41

Bill Subjects

Abstract

(1) Existing law, the Marine Life Management Act of 1998, generally establishes a comprehensive plan for the management of marine life resources, and utilizes fishery management plans as the primary basis for managing the state's sport and commercial marine fisheries. Existing law requires the Department of Fish and Game to submit fishery management plans to the Fish and Game Commission for adoption or rejection and also requires the Director of Fish and Game to report annually in writing to the commission on the status of sport and commercial marine fisheries managed by the state and identify those fisheries that do not meet the sustainability policies set forth in the act. Existing law, the Marine Life Protection Act, establishes the Marine Life Protection Program to reexamine and redesign California's marine protected area system. Existing law requires the Fish and Game Commission to adopt a master plan that guides the adoption and implementation of the program. This bill would require the Natural Resources Agency to prepare an annual report regarding all private funds expended on implementing the Marine Life Protection Act and identify efforts made to secure similar funding for implementation of the Marine Life Management Act of 1998. The bill would require the department to submit a report to the Legislature by January 1, 2010, that addresses the implementation of the Marine Life Management Act of 1998 and the Marine Life Protection Act and the money in which implementation of the acts are being coordinated. This bill would state that members of the advisory committees established to advise the Secretary of Natural Resources, the commission, or the department on the Marine Life Protection Act and the Marine Life Management Act of 1998 are subject to the Political Reform Act of 1974 and the Bagley-Keene Opening Meeting Act. (2) Existing law prohibits the use of any vacuum or suction dredge equipment by any person in any river, stream, or lake of this state without a permit issued by the Department of Fish and Game. Under existing law, it is unlawful to possess a vacuum or suction dredge in areas, or in or within 100 yards of waters, that are closed to the use of vacuum or suction dredges. A violation of the permit requirement is a misdemeanor. The department is authorized to close areas otherwise open for dredging and for which permits have been issued if there is an unanticipated water level change and the department determines that closure is necessary to protect fish and wildlife resources. Existing law requires the department to adopt regulations to implement certain of the vacuum or suction dredge equipment requirements and authorizes the department to issue regulations with respect to other requirements. Existing law requires that the regulations be adopted in accordance with the requirements of the California Environmental Quality Act (CEQA) . CEQA requires a lead agency, as defined, to prepare, or cause to be prepared by contract, and certify the completion of, an environmental impact report on a project, as defined, that it proposes to carry out or approve that may have a significant effect on the environment, or to adopt a negative declaration if it finds that the project will not have that effect. The act exempts from its provisions, among other things, certain types of ministerial projects proposed to be carried out or approved by public agencies, and emergency repairs to public service facilities necessary to maintain service. This bill would prohibit the use of any vacuum or suction dredge equipment in any river, stream, or lake until the director of the department certifies to the Secretary of State that (1) the department has completed an environmental review of its existing vacuum or suction dredge equipment regulations as ordered by the court in a specified court action, (2) the department has transmitted for filing with the Secretary of State a certified copy of new regulations, as necessary, and (3) the new regulations are operative. (3) Existing law requires the Director of Pesticide Regulation, in consultation with the State Department of Health Services and the State Air Resources Board, to evaluate the health effects of pesticides which may be or are emitted into the ambient air of California and which may be determined to be a toxic air contaminant which poses a present or potential hazard to human health. This bill would instead require the Office of Environmental Health Hazard Assessment, on behalf of the director, to conduct those evaluations. (4) Under existing law, upon completion of the evaluation, the director, in consultation and with the participation of the State Department of Health Services, is required to prepare a report on the health effects of the pesticide which may be determined to be a toxic air contaminant which poses a present or potential hazard to human health due to airborne emission from its use and to submit the report to a scientific review panel, which reviews the report and submits its written findings to the director. This bill would instead require the Office of Environmental Health Hazard Assessment, on behalf of the director and in consultation with, and with the participation of, the Department of Pesticide Regulation and the State Department of Public Health, to conduct those reports. This bill would also make various conforming and technical changes. (5) 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 also 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. (6) Existing law requires the owner or operator of an underground petroleum storage tank, or other responsible party, to take corrective action, as defined, in response to an unauthorized release of petroleum from the tank. A person required to perform corrective action may apply to the State Water Resources Control Board for payment of specified portions of the costs of corrective action. Existing law establishes the Underground Storage Tank Cleanup Fund in the State Treasury and authorizes the money in the fund to be used, upon appropriation by the Legislature, to pay those claims, and, among other things, for corrective actions undertaken by the board, a California regional water quality control board, or a local agency, and for the cleanup and oversight of unauthorized releases at abandoned tank sites. Existing law imposes certain petroleum storage fees upon the owner of an underground storage tank for which a permit is required and requires those fees to be deposited in the fund. This bill would increase a specified petroleum storage fee by $0.006 per gallon of petroleum stored, on and after January 1, 2010. By operation of existing law, the revenue resulting from the increase would be required to be deposited in the fund and be available, upon appropriation, for expenditure for the purposes authorized under existing law for money in the fund. (7) 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. The bill would specify that the State Water Resources Control Board is the entity expending moneys from the fund upon appropriation by the Legislature. (8) 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. The bill also would make technical, nonsubstantive changes. (9) Existing law requires the State Air Resources Board to adopt regulations to achieve the maximum feasible reduction in volatile organic compounds emitted by consumer products, as defined, if the state board makes certain findings. Existing law makes it a crime to violate a nonvehicular pollution control law, as provided. Existing law requires the Director of Pesticide Regulation to develop control measures for certain pesticides designed to reduce emissions in order to protect public health. This bill would require the Department of Pesticide Regulation to adopt regulations to reduce volatile organic compound (VOC) emissions from agricultural and commercial structural pesticides by 20% from the 1990 baseline inventory in the San Joaquin Valley, Sacramento metropolitan, southeast desert, Ventura, and south coast nonattainment areas. Because violations of the regulations would be a crime, the bill would impose a state-mandated local program by creating a new crime. The State Air Resources Board would be authorized to adopt regulations to require greater reductions, if the reductions are necessary to achieve applicable federal or state ambient air quality standard. The state board would be required to submit specified regulations to the United States Environmental Protection Agency for inclusion in the state implementation plan prepared in accordance with the federal Clean Air Act. (10) Existing law requires the Department of Forestry and Fire Protection to have the primary financial responsibility for preventing and suppressing fires in areas that the State Board of Forestry and Fire Protection has determined are state responsibility areas. This bill would require the department, on or before January 1, 2010, to adopt emergency regulations to establish a fee to cover the cost of providing fire protection services associated with structures in state responsibility areas, based on the fire hazard severity zone in which a structure is located. The fee would be charged on each structure on a parcel that is subject to property taxes and is within a state responsibility area. The department would be required to adjust the fees annually, as specified. The bill would require the State Board of Equalization to collect the fees commencing with the 2010–11 fiscal year, as prescribed. The bill would require, by January 1, 2010, and each January 1 thereafter, the department to transmit the appropriate names and addresses of persons who are liable for the fee and the amount of the fee to be assessed by the State Board of Equalization. The bill would establish the State Responsibility Area Fire Fund and would require the fees collected, except that portion retained by the State Board of Equalization, to be deposited into the fund and to be available, upon appropriation by the Legislature, for fire prevention and protection activities in state responsibility areas and attributable to benefits conferred on structures subject to the fee, as well as covering startup costs and the costs of administration, as specified. The State Board of Equalization would be required to retain and expend, upon appropriation by the Legislature, the funds necessary to pay refunds and for its expenses incurred in collection. This bill would permit a person from whom a fee is determined to be due to use an appeals process and, if applicable, a refund process that would be established by the bill. (11) Existing law, 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. (12) 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 American Recovery and Reinvestment Act from being deposited into the Forest Resources Improvement Fund. (13) Existing law, 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. (14) The Z'berg-Nejedly Forest Practice Act of 1973, which regulates timber harvesting, contains legislative findings and declarations relative to forest resources, including a declaration that it is the policy of the state to encourage prudent and responsible forest resource management calculated to serve the public's need for timber and other forest products, while giving consideration to other specified public needs. The act requires the State Board of Forestry and Fire Protection to adopt district forest practice rules and regulations for each forest district. A willful violation of the act or a rule or regulation of the board is a crime. This bill would require the board to adopt regulations relating to timber harvesting that protect chinook salmon and steelhead trout. Because a willful violation of a rule or regulation adopted by the board pursuant to the bill would be a crime, the bill would impose a state-mandated local program. (15) 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 the environmental license plates. (16) 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 decrease the interest rate to 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 Loan Fund. The money in the fund would be continuously appropriated to the Department of General Services for revolving loan funds 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. (17) 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. (18) 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. (19) Existing law establishes the Central Valley Flood Protection Board, which is required to carry out specified flood protection functions. The board is required to consist of 9 members who meet specified requirements, except that existing law provides for the continuing service of board members holding office on December 31, 2007, until their successors are appointed and have been qualified to hold office. This bill would instead provide for the continuing service of the members of the board holding office on December 31, 2007, until January 1, 2010. (20) Existing law, 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. (21) The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. This bill would provide that no reimbursement is required by this act for a specified reason. (22) 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 December 19, 2008. This bill would state that it addresses the fiscal emergency declared by the Governor by proclamation issued on December 19, 2008, pursuant to the California Constitution.