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SB-4 Budget Act of 2003.(2003-2004)

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SB4:v98#DOCUMENT

Amended  IN  Assembly  April 28, 2003

CALIFORNIA LEGISLATURE— 2003–2004 1st Ext.

Senate Bill
No. 4


Introduced  by Committee on Budget and Fiscal Review  ()

January 27, 2003


An act to amend Section 13260 of, and to add Section 13260.2 to, the Water Code, relating to water. An act relating to the Budget Act of 2003, and declaring the urgency thereof, to take effect immediately.


LEGISLATIVE COUNSEL'S DIGEST


SB 4, as amended, Committee on Budget and Fiscal Review. Waste discharge fees Budget Act of 2003.
This bill would express the intent of the Legislature to achieve specified savings in the Budget Act of 2003. The bill would require the Director of Finance to prepare a report analyzing those actions necessary to implement this intent and deliver that report to the chairpersons of the committees in each house of the Legislature that consider the budget.
The bill would declare that it is to take effect immediately as an urgency statute.

(1)The Porter-Cologne Water Quality Control Act, with certain exceptions, imposes on a person for whom waste discharge requirements have been prescribed, an annual fee established by the State Water Resources Control Board, not to exceed $20,000, but subject to an annual adjustment, on the basis of total flow, volume, number of animals, threat to water quality, and area involved. Under the act, the fees are deposited in the Waste Discharge Permit Fund, which is expended, upon appropriation, for the purposes of carrying out the act. The act requires all or part of the fees to be refunded if waste discharge requirements are waived. The act makes a person failing to pay a waste discharge fee, if requested to do so by a California regional water quality control board, guilty of a misdemeanor.

This bill, instead, would require each person for whom waste discharge requirements have been prescribed, or for whom a waiver has been granted, to submit an annual fee according to a fee schedule established by the state board. The bill would require the total amount of annual fees to equal that amount necessary to recover costs incurred in connection with the issuance, administration, reviewing, monitoring, and enforcement of waste discharge requirements and waivers of waste discharge requirements. The bill would require all or part of the annual fees to be refunded if the state board or a regional board determines that the discharge will not affect, or have the potential to affect, the quality of the waters of the state. The bill would delete a provision that exempts certain facilities for confined animal feeding operations from the annual fee requirement. Because failure to pay the annual fee under certain circumstances is a crime, this bill would impose a state-mandated local program by expanding the scope of that crime.

The bill would require the state board to establish a fee in an amount sufficient to recover its costs in reviewing, processing, and enforcing “no exposure” certifications issued to facilities that apply for those certifications in accordance with a general industrial stormwater permit. The bill would require revenue generated pursuant to this provision to be deposited in the Waste Discharge Permit Fund. (2)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.

Vote: 2/3   Appropriation: NO   Fiscal Committee: YES   Local Program: NO  

The people of the State of California do enact as follows:


SECTION 1.

Section 13260 of the Water Code is amended to

SECTION 1.

 (a) It is the intent of the Legislature that the Budget Act of 2003, when enacted, shall reflect General Fund savings in accordance with the amounts set forth in this section.
(b) The savings set forth in subdivision (c) are for display purposes only and result from the following:
(1) Savings, loans, and transfers set forth in Assembly Bill 100, as introduced, of the 2003–04 Regular Session.
(2) Further reductions, loans, and transfers from the amounts set forth in Assembly Bill 100, as introduced, of the 2003–04 Regular Session.
(3) Reductions, loans, and transfers as alternatives to those amounts set forth in Assembly Bill 100, as introduced, of the 2003–04 Regular Session.
(c) It is the intent of the Legislature that the Budget Act of 2003 and related legislation shall include the following actions:
(1) For the Department of Transportation:
(A) A loan from the Transportation Investment Fund in the amount of five hundred million dollars ($500,000,000).
(B) A transfer from the Aeronautics Account to the General Fund in the amount of one million four hundred ninety thousand dollars ($1,490,000).
(2) For the Department of Aging:
(A) A reduction of funding for the audit branch in the amount of thirty-nine thousand dollars ($39,000).
(B) A reduction of funding for the human resource branch in the amount of one hundred ten thousand dollars ($110,000).
(C) A reduction of funding for the Adult Day Health Care Program in the amount of thirty-nine thousand dollars ($39,000).
(D) The elimination of funding for the Senior Housing and Information Center for a savings of seven hundred eighty-seven thousand dollars ($787,000).
(3) For the Department of Child Support Services:
(A) A reduction of funding for cooperative personnel services contracts in the amount of fifty-two thousand dollars ($52,000).
(B) A reduction of funding for operating expenses and equipment in the amount of one hundred twenty-eight thousand dollars ($128,000).
(C) A reduction of funding and elimination of various positions in the amount of three hundred eighteen thousand dollars ($318,000).
(D) A reduction of funding to reflect actual level of 2001–02 expenditures in the amount of forty-four million six hundred eighty-three dollars ($44,683,000).
(E) A reduction of funding for client outreach in the amount of five hundred ten thousand dollars ($510,000).
(F) A suspension of funding for Health Insurance Incentives for a savings of three million two hundred thousand dollars ($3,200,000).
(G) A reduction of funding for Basic Incentives in the amount of twenty-five million dollars ($25,000,000).
(4) For the Department of Community Services and Development:
(A) The elimination of General Fund support for the Mentor Program for a savings of one million dollars ($1,000,000).
(5) For the State Department of Social Services:
(A) A suspension of the SSI/SSP cost-of-living adjustments for the 2003–04 budget year for a savings of ninety-one million five hundred thousand dollars ($91,500,000).
(B) An increase in licensing fees for child care facilities for additional revenue of four million eight hundred seventy thousand dollars ($4,870,000).
(C) A reduction of funding for staffing in the Adult Programs Branch in the amount of seven hundred fifty-nine thousand dollars ($759,000).
(D) A reduction of administrative funding for the Family Services Division in the amount of eight hundred forty-eight thousand dollars ($848,000).
(E) A reduction of funding for consultation and translation services in the amount of sixty-seven thousand dollars ($67,000).
(F) The elimination of Group Home affiliated lease reviews for a savings of seventy-five thousand dollars ($75,000).
(G) An increase in licensing fees for children and adult care facilities for additional revenue of one million three hundred fifty-seven thousand dollars ($1,357,000).
(6) For the State Department of Mental Health:
(A) A reduction of funding for State Mental Health caseloads in the amount of fourteen million four hundred thousand dollars ($14,400,000).
(B) A denial of managed care cost-of-living adjustments for a savings of six million seven hundred thousand dollars ($6,700,000).
(C) The elimination of second-level treatment authorizations request appeals for a savings of sixty-four thousand dollars ($64,000).
(D) A reduction of funding for forensic services staff in the amount of one hundred sixty-nine thousand dollars ($169,000).
(E) A suspension of new round of Early Mental Health Services grants for a savings of five million dollars ($5,000,000).
(F) Imposition of a charge for drug reviews for additional revenue of two hundred one thousand dollars ($201,000).
(7) For the State Department of Developmental Services:
(A) The establishment of copayments for Regional Center Services for a savings of fifteen million dollars ($15,000,000).
(B) A transfer of Title XX Social Services Block Grant to Regional Centers in the amount of sixty-five million seven hundred fourteen thousand dollars ($65,714,000).
(C) A reduction of funding for out-of-state travel and operating expenses and equipment in the amount of twenty-two thousand dollars ($22,000).
(8) For the State Department of Health Services:
(A) The implementation of Medi-Cal County Administration Accountability for a savings of one hundred ninety-three million five hundred fifty-two thousand dollars ($193,552,000).
(B) The establishment of a Medi-Cal Adult Dental Services Cap for a savings of fifty million dollars ($50,000,000).
(C) A reduction of funding for out-of-state travel in the amount of two hundred thousand dollars ($200,000).
(D) A reduction of funding for State Operations Associated with Medi-Cal Reductions in the amount of four hundred fifteen thousand dollars ($415,000).
(E) The initiation of Billing Audits of Medicare Reimbursements for a savings of nine hundred fifteen thousand dollars ($915,000).
(F) The elimination of Medi-Cal Fee-for-Service Managed Care for a savings of one million one hundred ninety-six thousand dollars ($1,196,000).
(G) The implementation of Improved Facilities Usage for a savings of two million six hundred thirty-seven thousand dollars ($2,637,000).
(H) A reduction of funding for Medi-Cal Serostim Control in the amount of three million seven hundred fifty thousand dollars ($3,750,000).
(I) An increase in Medi-Cal Estate Recoveries for additional revenue of five million twenty-four thousand dollars ($5,024,000).
(J) A suspension of the Rural Demonstration Project for a savings of three million dollars ($3,000,000).
(K) A reduction of Prostrate Cancer Funding in the amount of five million dollars ($5,000,000).
(L) The elimination of the Licensing and Certification Fee Payer Subsidy for a savings of six million one hundred thousand dollars ($6,100,000).
(M) A transfer from the Drinking Water Treatment & Research Fund to the General Fund in the amount of one million dollars ($1,000,000).
(N) The imposition of an ICF/DD and Developmental Center Quality Assurance Fee for additional revenue of twenty million seven hundred thirty-six thousand one hundred eighty-eight dollars ($20,736,188).
(O) A transfer from the Health Statistics Special Fund to the General Fund in the amount of one million dollars ($1,000,000).
(P) A suspension of Healthy Families Outreach for a savings of three million two hundred ninety-six thousand dollars ($3,296,000).
(Q) An unallocated reduction in outreach, research, and media funding in the amount of twenty million dollars ($20,000,000).
(9) For the Department of Rehabilitation:
(A) A reduction of funding for Vocational Rehabilitation Staff in the amount of four hundred ninety-three thousand dollars ($493,000).
(B) The adjustment of Vocational Rehabilitation Program Funding for a savings of six hundred one thousand dollars ($601,000).
(C) The consolidation of the Habilitation Services Program for a savings of one million five hundred twenty-nine thousand dollars ($1,529,000).
(D) A shift in Cooperative Program Funding in the amount of one hundred twenty-one thousand dollars ($121,000).
(10) For the Emergency Medical Services Authority:
(A) An offset of Anti-Terrorism Response Program State Support in the amount of fifty-four thousand dollars ($54,000).
(B) The elimination of the Mutual Aid Coordinator Program for a savings of one hundred seven thousand dollars ($107,000).
(C) A reduction of funding for various expenses in the amount of one hundred thirty-eight thousand four hundred forty dollars ($138,440).
(11) For the Health and Human Services Agency:
(A) The reclassification of a position assigned to EMSA that will result in a savings of twenty-five thousand dollars ($25,000).
(12) For the Managed Risk Medical Insurance Board:
(A) A reduction of funding for operating expenses and equipment in the amount of fifty-three thousand dollars ($53,000).
(13) For the Office of Statewide Health Planning and Development:
(A) A suspension of the Health Professions Career Opportunity Program for a savings of one hundred forty-three thousand dollars ($143,000).
(14) For the Board of Corrections:
(A) A transfer of funds from the Corrections Training Fund to the General Fund in the amount of ten million one hundred sixty-four thousand dollars ($10,164,000).
(15) For the Board of Prison Terms:
(A) A revision of the process for Mentally Disordered Offenders hearings for a savings of one million twenty-five thousand dollars ($1,025,000).
(16) For CalPERS:
(A) A reduction of Health Benefit Administrative Fees in the amount of six hundred ninety-one thousand dollars ($691,000).
(17) For the Department of Corrections:
(A) A reduction of funding for academic and vocational education in the amount of thirty-five million dollars ($35,000,000).
(B) The closure of Northern California Women’s Facility for a savings of ten million two hundred forty-nine thousand dollars ($10,249,000).
(C) The implementation of unallocated reductions in the amount of thirty million dollars ($30,000,000).
(18) For the Commission on Judicial Performance:
(A) A reduction of funding for state operations in the amount of one million thirty-six thousand dollars ($1,036,000).
(19) For the Commission on Correctional Peace Officer Standards and Training:
(A) A reduction of funding for operating expenses and equipment in the amount of sixty-eight thousand dollars ($68,000).
(20) For the Department of Justice:
(A) The implementation of unallocated reductions in the amount of nineteen million nine hundred twelve thousand dollars ($19,912,000).
(B) A transfer from the False Claims Act Fund to the General Fund in the amount of one million five hundred thousand dollars ($1,500,000).
(C) A transfer from the Sexual Habitual Offender Fund to the General Fund in the amount of one million dollars ($1,000,000).
(21) For the Judiciary:
(A) The consolidation of administrative functions for a savings of five hundred thousand dollars ($500,000).
(B) The implementation of unallocated reductions in the amount of seventeen million seven hundred thousand dollars ($17,700,000).
(22) For State Trial Court Funding:
(A) The implementation of an appellate filing fee for additional revenue of two million one hundred thousand dollars ($2,100,000).
(B) The consolidation of administrative functions for a savings of two million five hundred thousand dollars ($2,500,000).
(C) The implementation of unallocated reductions in the amount of one hundred sixteen million dollars ($116,000,000). However, this reduction may not be directed to family and juvenile court programs and may not affect court services for families or children, including the processing of domestic protective orders.
(D) An offset from Trial Motion Fees in the amount of one million two hundred thousand dollars ($1,200,000).
(E) An offset from transfer of undesignated fees to Trial Court Trust Fund in the amount of thirty-one million dollars ($31,000,000).
(F) An offset from security fees in the amount of thirty-four million dollars ($34,000,000).
(23) For the Office of Administrative Law:
(A) The implementation of unallocated reductions in the amount of four hundred ninety-one thousand dollars ($491,000).
(24) For the Office of Criminal Justice Planning:
(A) A reduction of funding for operating expenditures in the amount of twenty-two thousand dollars ($22,000).
(B) A reduction of funding for the Homeless Youth Project in the amount of forty-five thousand dollars ($45,000).
(C) A reduction of funding for the Department of Justice for high technology training contracts in the amount of one hundred forty-six thousand dollars ($146,000).
(D) A reduction of funding for the California Gang Violence Suppression Program in the amount of two hundred thirty-six thousand dollars ($236,000).
(25) For the Office of Emergency Services:
(A) The elimination of the Dam Safety Program for a savings of twenty-five thousand dollars ($25,000).
(B) A reduction of funding for out-of-state travel in the amount of forty-eight thousand dollars ($48,000).
(C) A reduction of funding for support of the California Seismic Network in the amount of five hundred eighty thousand dollars ($580,000).
(26) For the Office of Inspector General:
(A) A reduction of funding for out-of-state travel in the amount of ten thousand dollars ($10,000).
(B) A reduction of funding for administrative costs in the amount of three hundred thirty thousand dollars ($330,000).
(27) For Peace Officers’ Standards and Training:
(A) A transfer to the General Fund from the Peace Officers’ Training Fund in the amount of fourteen million three hundred thousand dollars ($14,300,000).
(28) For the California Victim Compensation and Government Claims Board:
(A) The elimination of reimbursement to counties for special election costs for a savings of one million dollars ($1,000,000).
(29) For the Department of Youth Authority:
(A) A reduction of funding to the Audit Bureau in the amount of thirty-six thousand dollars ($36,000).
(B) A reduction of funding to the equal employment program in the amount of seventy-five thousand dollars ($75,000).
(C) The elimination of funding for a Deputy Executive Superintendent at the Northern California Youth Correctional Center for a savings of ninety-four thousand dollars ($94,000).
(D) The elimination of funding for Captain positions for a savings of one hundred forty-five thousand dollars ($145,000).
(E) A reduction of funding for the Project Management Bureau in the amount of one hundred forty-seven thousand dollars ($147,000).
(F) A reduction of funding for staffing in business services in the amount of one hundred fifty-five thousand dollars ($155,000).
(G) A reduction of funding due to merger of Covina Office in the amount of one hundred eighty-three thousand dollars ($183,000).
(H) A reduction of funding for the Executive Office in the amount of two hundred seventy-six thousand dollars ($276,000).
(I) A reduction of funding for accounting services in the amount of two hundred seventy-nine thousand dollars ($279,000).
(J) A reduction of funding for the Institutions and Camps Branch in the amount of three hundred thousand dollars ($300,000).
(K) A reduction of funding for the Interstate Compact Unit in the amount of three hundred forty-nine thousand dollars ($349,000).
(L) A reduction of funding for central office staffing in the amount of three hundred fifty-two thousand dollars ($352,000).
(M) A reduction of funding for institutions operations in the amount of four hundred twenty-five thousand dollars ($425,000).
(N) A reduction of funding for community service work crews in the amount of six hundred ninety-eight thousand dollars ($698,000).
(O) A reduction of funding for team treatment supervisors in the amount of seven hundred fifty thousand dollars ($750,000).
(P) A reduction of funding for parole services in the amount of seven hundred eighty-two thousand dollars ($782,000).
(Q) A reduction of funding for local detention costs in the amount of one million dollars ($1,000,000).
(R) A reduction of funding from the elimination of CPOST reviews in the amount of four hundred fifty-four thousand dollars ($454,000).
(S) A reduction of funding for basic academy training in the amount of four hundred fifty-seven thousand dollars ($457,000).
(T) A reduction of funding from the closure of a correctional facility in the amount of five million dollars ($5,000,000).
(U) A reduction of funding from increased commitment fee scale in the amount of seven million one hundred forty-three thousand dollars ($7,143,000).
(30) For the Youth and Adult Correctional Agency:
(A) A reduction of funding for out-of-state travel in the amount of one thousand dollars ($1,000).
(B) A reduction of funding for executive programs in the amount of fifty-eight thousand dollars ($58,000).
(31) For the Youthful Offender Parole Board:
(A) A reduction of funding for out-of-state travel in the amount of one thousand dollars ($1,000).
(32) For the State Department of Education:
(A) A suspension of funding for the teacher recruitment block grant, as established pursuant to Chapter 3.36 (commencing with Section 44735) of Part 25 of the Education Code for a savings of eighty-eight million six hundred thousand dollars ($88,600,000).
(B) A suspension of funding for the principal training programs, as established pursuant to Article 4.6 (commencing with Section 44510) of Chapter 3 of Part 25 of the Education Code for a savings of twenty-six million two hundred thousand dollars ($26,200,000).
(C) The suspension of funding for the national board certification program, as established pursuant to Article 13 (commencing with Section 44395) of Chapter 2 of Part 25 of the Education Code) for a savings of ten million dollars ($10,000,000).
(D) A reduction of funding for the state deferred maintenance program authorized under Section 17584 of the Education Code in the amount of one hundred eighty million dollars ($180,000,000).
(E) A reduction of funding for the High School Exit Exam Workbooks by utilizing federal Title VI funds in the amount of one million eight hundred thousand dollars ($1,800,000).
(F) The deferral of education mandates payments for a savings of eight hundred seventy million dollars ($870,000,000).
(G) The elimination of the Cost-of-Living Adjustment for a savings of six hundred thirty-five million dollars ($635,000,000).
(33) For Special Resources Programs:
(A) A reduction in funding from the General Fund for the Sea Grant program in the amount of two hundred thousand dollars ($200,000).
(B) A transfer from the Environmental License Plate Fund to the Sea Grant program in the amount of two hundred thousand dollars ($200,000).
(34) For the California Conservation Corps:
(A) The layoff of field administrative staff for a savings of three million two hundred thirty-two thousand dollars ($3,232,000).
(B) A reduction of funding for operating expenses in the amount of three million two hundred sixty-two thousand dollars ($3,262,000).
(35) For the Department of Conservation:
(A) A loan from the Beverage Container Recycling Fund to the General Fund in the amount of eighty million dollars ($80,000,000).
(36) For the State Lands Commission:
(A) A fund shift of support from General Fund to Oil Spill Prevention and Administration Fund (OSPAF) in the amount of four hundred ninety-five thousand dollars ($495,000).
(37) For the Department of Fish and Game:
(A) The elimination of funding for triploid grass carp operations for a savings of seventy-four thousand dollars ($74,000).
(B) A reduction of funding for Office of Program Management Administration in the amount of one hundred ninety-five thousand dollars ($195,000).
(C) A reduction of funding for departmental publications in the amount of two hundred forty-seven thousand dollars ($247,000).
(D) The elimination of the “Becoming an Outdoor Woman” program for a savings of three hundred twenty-three thousand dollars ($323,000).
(E) A reduction of funding for striped bass operations in the amount of three hundred twenty-five thousand dollars ($325,000).
(F) The elimination of Project Wildlife In Learning Design (WILD) for a savings of three hundred fifty thousand dollars ($350,000).
(G) A reduction of funding for land management activities in the amount of three hundred ninety-six thousand dollars ($396,000).
(H) The elimination of the North Coast Watershed Assessment program for a savings of nine hundred eleven thousand dollars ($911,000).
(I) The closure of and activity reductions at fish hatcheries for a savings of one million five hundred seventy-one thousand dollars ($1,571,000).
(J) A reduction of funding for Wildlife Area and Ecological Reserve operations in the amount of one million nine hundred fifteen thousand dollars ($1,915,000).
(K) A reduction of funding for timber harvest plan (THP) review in the amount of four hundred twenty-five thousand dollars ($425,000).
(L) A fund shift to increased Fishing and Hunting License Fees for additional revenue of two million dollars ($2,000,000).
(38) For the Coastal Commission:
(A) A reduction of funding for coastal access program activities in the amount of one hundred eight thousand dollars ($108,000).
(B) A reduction of funding for coastal development regulation activities in the amount of two hundred fifteen thousand dollars ($215,000).
(C) A reduction of funding for planning and support activities in the amount of two hundred sixteen thousand dollars ($216,000).
(39) For the Bay Conservation & Development Commission:
(A) A reduction of funding for general operating expenses in the amount of five thousand dollars ($5,000).
(B) A reduction of the number of commission meetings for a savings of thirty-four thousand dollars ($34,000).
(C) A reduction of funding for the Enforcement Program in the amount of sixty-two thousand dollars ($62,000).
(D) The elimination of funding for the Non-Point Source Program for a savings of sixty-eight thousand dollars ($68,000).
(40) For the Department of Water Resources:
(A) A fund shift of various watershed projects enacted in 2000 from General Fund to Proposition 50 funds in the amount of twenty million dollars ($20,000,000).
(41) For the Air Resources Board:
(A) A reduction of funding for various air monitoring and compliance programs in the amount of two million forty-five thousand dollars ($2,045,000).
(42) For the California Integrated Waste Management Board:
(A) A loan to the General Fund from the Integrated Waste Management Account in the amount of two million dollars ($2,000,000).
(B) A loan to the General Fund from the California Tire Recycling Management Fund in the amount of fifteen million dollars ($15,000,000).
(43) For the Department of Pesticide Regulation:
(A) A reduction of funding for the Air Monitoring Program in the amount of one hundred thirty-eight thousand dollars ($138,000).
(B) A reduction of funding for Restricted Use Permits in the amount of five hundred seventy-six thousand dollars ($576,000).
(C) A reduction of funding for the Surface Water Program in the amount of seven hundred seventeen thousand dollars ($717,000).
(D) The elimination of Pest Management Grants for a savings of three hundred fifty-two thousand dollars ($352,000).
(E) An increase of license and examination fees for additional revenue of one million fifty-five thousand dollars ($1,055,000).
(F) A shift of funding source for the Mill Assessment Branch in the amount of two million dollars ($2,000,000).
(G) An increase in Mill Assessment support in the amount of seven million five hundred thousand dollars ($7,500,000).
(H) A fund shift to Mill Assessment in the amount of one million seven hundred eighty-three dollars ($1,783,000).
(44) For the State Water Resources Control Board:
(A) A reduction of funding for the Non-point Source Program activities in the amount of eighty-nine thousand dollars ($89,000).
(B) A reduction of funding for Water Quality Trend Monitoring activities in the amount of six million eight hundred two thousand dollars ($6,802,000).
(C) A reduction of funding for data management activities in the amount of five hundred thousand dollars ($500,000).
(D) A reduction of funding for underground storage tank cleanup oversight in the amount of six hundred eighty-two thousand dollars ($682,000).
(E) A loan to the General Fund from the Underground Storage Tank Cleanup Fund in the amount of three million two hundred thousand dollars ($3,200,000).
(45) For the Department of Toxic Substances Control:
(A) A reduction of funding for review of preliminary endangerment assessments and the Calsites site mitigation database in the amount of four hundred forty-one thousand dollars ($441,000).
(B) A shift of the funding source for oil refinery inspections in the amount of four hundred ten thousand dollars ($410,000).
(46) For the Office of Environmental Health Hazard Assessment:
(A) A reduction of funding for Air Toxicology and Epidemiology Assessment in the amount of three hundred thirty-four thousand dollars ($334,000).
(B) A reduction of funding for Reproductive and Cancer Hazardous Assessment in the amount of four hundred five thousand dollars ($405,000).
(C) A reduction of funding for Integrated Risk Assessment in the amount of eight hundred eleven thousand dollars ($811,000).
(D) A fund shift of Peer Review activity costs to Mill Assessment in the amount of three hundred nine thousand dollars ($309,000).
(47) For the Department of Food and Agriculture:
(A) A reduction of funding for General Agricultural Program Activities in the amount of three hundred eighty thousand dollars ($380,000).
(B) A reduction of funding for Agricultural Inspection Stations in the amount of one million three hundred seventy thousand dollars ($1,370,000).
(C) The elimination of General Fund support for the “Buy California” Program for a savings of one million five hundred thousand dollars ($1,500,000).
(D) An extension of the loan from the Agriculture Fund to the General Fund in the amount of fifteen million dollars ($15,000,000).
(48) For the State Controller’s Office:
(A) The acceleration of the sale of securities for additional revenue of seventy-two million three hundred twenty-six thousand dollars ($72,326,000).
(49) For the Secretary of State:
(A) A reduction of funding for out-of-state travel in the amount of twenty-five thousand dollars ($25,000).
(B) A reduction of funding for the Political Reform Division in the amount of one hundred thirty-seven thousand dollars ($137,000).
(C) A transfer of the business fees reinvestment fund in the amount of one hundred ninety-three thousand dollars ($193,000).
(50) For the Department of Consumer Affairs:
(A) A suspension of funding for the Consumer Information Center in the amount of three hundred seventy-two thousand dollars ($372,000).
(51) For the Department of General Services:
(A) The elimination of California Enterprise Information Technology Projects for a savings of three million three hundred thirteen thousand dollars ($3,313,000).
(B) A change in projected sales dates for Chino and Bay Area Research Extension centers from current year to budget year for additional revenue of sixty-five million dollars ($65,000,000).
(C) Increased projections of revenue-sales of real property in the amount of twenty-five million dollars ($25,000,000).
(D) A transfer of rental income from the State School Building Fund, for the lease of portable classrooms, as authorized pursuant to Section 17089 of the Education Code, to the General Fund in the amount of twenty-four million three hundred thirty-two thousand dollars ($24,332,000).
(E) The sale of surplus property for additional revenue of ten million dollars ($10,000,000).
(52) For the Technology, Trade and Commerce Agency:
(A) A suspension of funding for the marketing and communication program for a savings of two hundred thousand dollars ($200,000).
(B) A suspension of funding for the economic research and planning unit for a savings of five hundred sixty-two thousand dollars ($562,000).
(53) For the Agricultural Labor Relations Board:
(A) A reduction of funding for the Agricultural Labor Relations Board for miscellaneous reductions in the amount of twelve thousand dollars ($12,000).
(54) For the Department of Industrial Relations:
(A) A reduction of funding for Labor Agency to reflect efficiencies in the amount of two million five hundred forty thousand dollars ($2,540,000).
(55) For Workers’ Compensation Benefits:
(A) The transfer of the subsequent injuries program to the State Compensation Insurance Fund in the amount of five million three hundred sixty-three thousand dollars ($5,363,000).
(56) For the Fair Political Practices Commission:
(A) A reduction of funding for eliminated vacant position for statement of economic interest outreach and travel for seminars in the amount of sixty thousand dollars ($60,000).
(57) For the Military Department:
(A) The deferral of repayment of one-time reduction for armory restoration in the amount of one million dollars ($1,000,000).
(58) For the Department of Veterans’ Affairs:
(A) An increase of member fees at domiciliary and residential care for the elderly units for additional revenue of one million one hundred fifty thousand dollars ($1,150,000).
(59) For the State Board of Equalization:
(A) A reduction of funding for out-of-state travel in the amount of eighty-five thousand dollars ($85,000).
(60) For the Scholarshare Investment Board:
(A) A suspension of awards for 2003 for a savings of forty-three million four hundred thousand dollars ($43,400,000).
(61) For the California Debt and Investment Advisory Commission:
(A) A loan from the California Debt and Investment Advisory Commission Fund to the General Fund in the amount of five million five hundred thousand dollars ($5,500,000).
(62) For the California Tax Credit Allocation Committee:
(A) A loan from the Tax Credit Allocation Fee Account to the General Fund in the amount of three million dollars ($3,000,000).
(63) For the Fair Employment and Housing Commission:
(A) A reduction of funding for out-of-state travel in the amount of two thousand dollars ($2,000).
(B) A reduction of the frequency of Commission hearings for a savings of eight thousand dollars ($8,000).
(C) A reduction of funding for operating expenses and equipment in the amount of thirteen thousand dollars ($13,000).
(D) A reduction of funding for staff in the amount of forty-six thousand dollars ($46,000).
(64) For the Franchise Tax Board:
(A) A reduction of funding for outreach services in the amount of four hundred fifty-one thousand dollars ($451,000).
(B) The implementation of mandatory e-filing for tax preparers, with taxpayer opt-out, for a savings of one million two hundred thirty-one thousand dollars ($1,231,000).
(65) For the Department of Housing and Community Development:
(A) A reduction of out-of-state travel by 50 percent for a savings of seven thousand dollars ($7,000).
(B) The elimination of the outreach portion of the Office of Migrant Services for a savings of one hundred seven thousand dollars ($107,000).
(C) The elimination of State Housing Law Outreach for a savings of one hundred ten thousand dollars ($110,000).
(D) The shift of enforcement of employee housing to fees for additional revenue of seven hundred twenty-one thousand dollars ($721,000).
(E) An increase in rent charged by the Office of Migrant Housing for additional revenue of six hundred twenty-five thousand dollars ($625,000).
(66) For the Seismic Safety Commission:
(A) A shift of support to insurance company fees in the amount of eight hundred eighty-four thousand dollars ($884,000).
(67) For the Commission on State Mandates:
(A) A decrease in frequency of Commission meetings for a savings of ten thousand dollars ($10,000).
(B) A reduction of overtime for a savings of sixteen thousand dollars ($16,000).
(C) The elimination of positions for a savings of two hundred eighty-eight thousand dollars ($288,000).
(68) For Local Government Financing:
(A) The elimination of redevelopment agency supplemental subventions for a savings of nine hundred thousand dollars ($900,000).
(B) A one-time shift of property tax funds of Redevelopment Agencies to schools for a saving of one hundred million dollars ($100,000,000).
(C) An unallocated reduction of funding for cities of two hundred fifty million dollars ($250,000,000).
(D) An unallocated reduction of funding for counties of two hundred fifty million dollars ($250,000,000).
(E) The elimination of booking fee subventions to cities and special districts for a savings of thirty-eight million dollars ($38,000,000).
(F) The elimination of vehicle license fee backfill for trailers and semitrailers for additional revenue of thirty-seven million dollars ($37,000,000).
(G) The deferral of non-education mandate payments in excess of one thousand dollars ($1,000) per mandate for a savings of seven hundred sixty-nine thousand four hundred fifteen dollars ($769,415,000).
(69) For the University of California:
(A) A reduction of one-time core funding in the amount of twenty-nine million dollars ($29,000,000).
(B) An unallocated reduction to the systemwide administration and the campuses in the amount of eighty million five hundred thousand dollars ($80,500,000). However, this reduction may not reduce outreach services or instructional programs and services to students.
(70) For the California State University:
(A) An unallocated reduction to the systemwide administration and the campuses in the amount of sixty-nine million five hundred thousand dollars ($69,500,000). However, this reduction may not reduce outreach services or instructional programs and services to students.
(71) For the Student Aid Commission:
(A) A reduction of the maximum Cal Grant award amount for private colleges and universities from nine thousand seven hundred eight dollars ($9,708) to eight thousand eight hundred thirty-two dollars ($8,832) for a savings of ten million two hundred thousand dollars ($10,200,000).
(72) An increase in the transfer from the Driver Training Penalty Assessment Fund in the amount of twenty million five hundred thousand dollars ($20,500,000).
(73) For Unallocated Capital Outlay Reductions:
(A) A reduction of funding for various capital outlay projects in the amount of sixteen million three hundred forty-seven thousand dollars ($16,347,000). These reductions shall be specified in an executive order and shall be allocated by the Department of Finance to several state offices, boards, bureaus, commissions, and other state agencies as deemed appropriate.
(d) The Director of Finance shall prepare a report analyzing those actions necessary to insure that the intent of this section is implemented. This report shall be delivered to the chairpersons of the committees in each house that consider the Budget Act.

SEC. 2.

 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 address the state budget crisis it is necessary for this act to go into immediate effect.

read:

13260.

(a)All of the following persons shall file with the appropriate regional board a report of the discharge, containing the information which may be required by the regional board:

(1)Any person discharging waste, or proposing to discharge waste, within any region that could affect the quality of the waters of the state, other than into a community sewer system.

(2)Any person who is a citizen, domiciliary, or political agency or entity of this state discharging waste, or proposing to discharge waste, outside the boundaries of the state in a manner that could affect the quality of the waters of the state within any region.

(3)Any person operating, or proposing to construct, an injection well.

(b)No report of waste discharge need be filed pursuant to subdivision (a) if the requirement is waived pursuant to Section 13269.

(c)Every person subject to subdivision (a) shall file with the appropriate regional board a report of waste discharge relative to any material change or proposed change in the character, location, or volume of the discharge.

(d)(1)(A)Each person for whom waste discharge requirements have been prescribed pursuant to Section 13263, or for whom a waiver has been granted pursuant to Section 13269, shall submit an annual fee according to a fee schedule established by the state board.

(B)The total amount of annual fees collected pursuant to this section shall equal that amount necessary to recover costs incurred in connection with the issuance, administration, reviewing, monitoring, and enforcement of waste discharge requirements and waivers of waste discharge requirements.

(C)Recoverable costs may include, but are not limited to, costs incurred in reviewing waste discharge reports, prescribing terms of waste discharge requirements and monitoring requirements, enforcing and evaluating compliance with waste discharge requirements and waiver requirements, conducting surface water and groundwater monitoring and modeling, analyzing laboratory samples, and reviewing documents prepared for the purpose of regulating the discharge of waste, and administrative costs incurred in connection with carrying out these actions.

(2)(A)Subject to subparagraph (B), any fees collected pursuant to this section shall be deposited in the Waste Discharge Permit Fund which is hereby created. The money in the fund is available for expenditure by the state board, upon appropriation by the Legislature, solely for the purposes of carrying out this division.

(B)(i)Notwithstanding subparagraph (A), the fees collected pursuant to this section from stormwater dischargers that are subject to a general industrial or construction stormwater permit under the national pollutant discharge elimination system (NPDES) shall be separately accounted for in the Waste Discharge Permit Fund.

(ii)Not less than 50 percent of the money in the Waste Discharge Permit Fund that is separately accounted for pursuant to clause (i) is available, upon appropriation by the Legislature, for expenditure by the regional board with jurisdiction over the permitted industry or construction site that generated the fee to carry out stormwater programs in the region.

(iii)Each regional board that receives money pursuant to clause (ii) shall spend not less than 50 percent of that money solely on stormwater inspection and regulatory compliance issues associated with industrial and construction stormwater programs.

(3)Any person who would be required to pay the annual fee prescribed by paragraph (1) for waste discharge requirements applicable to discharges of solid waste, as defined in Section 40191 of the Public Resources Code, at a waste management unit that is also regulated under Division 30 (commencing with Section 40000) of the Public Resources Code, shall be entitled to a waiver of the annual fee for the discharge of solid waste at the waste management unit imposed by paragraph (1) upon verification by the state board of payment of the fee imposed by Section 48000 of the Public Resources Code, and provided that the fee established pursuant to Section 48000 of the Public Resources Code generates revenues sufficient to fund the programs specified in Section 48004 of the Public Resources Code and the amount appropriated by the Legislature for those purposes is not reduced.

(e)Each report of waste discharge for a new discharge submitted under this section shall be accompanied by a fee equal in amount to the annual fee for the discharge, which shall serve as the first annual fee. If the state board or a regional board determines that the discharge will not affect, or have the potential to affect, the quality of the waters of the state, all or part of the annual fee shall be refunded.

(f)(1)The state board shall adopt, by emergency regulations, a schedule of fees authorized under subdivision (d). The total revenue collected each year through annual fees shall be set at an amount equal to the revenue levels set forth in the Budget Act for this activity. The state board shall automatically adjust the annual fees each fiscal year to conform with the revenue levels set forth in the Budget Act for this activity. If the state board determines that the revenue collected during the preceding year was greater than, or less than, the revenue levels set forth in the Budget Act, the state board may further adjust the annual fees to compensate for the over and under collection of revenue.

(2)The emergency regulations adopted pursuant to this subdivision, any amendment thereto, or subsequent adjustments to the annual fees, shall be adopted by the state board in accordance with Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code. The adoption of these regulations is an emergency and shall be considered by the Office of Administrative Law as necessary for the immediate preservation of the public peace, health, safety, and general welfare. Notwithstanding Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code, any emergency regulations adopted by the state board, or adjustments to the annual fees made by the state board pursuant to this section, shall not be subject to review by the Office of Administrative Law and shall remain in effect until revised by the state board.

(g)The state board shall adopt regulations setting forth reasonable time limits within which the regional board shall determine the adequacy of a report of waste discharge submitted under this section.

(h)Each report submitted under this section shall be sworn to, or submitted under penalty of perjury.

(i)The regulations adopted by the state board pursuant to subdivision (f) shall include a provision that annual fees shall not be imposed on those who pay fees under the national pollutant discharge elimination system until the time when those fees are again due, at which time the fees shall become due on an annual basis.

(j)Any person operating or proposing to construct an oil, gas, or geothermal injection well subject to paragraph (3) of subdivision (a), shall not be required to pay a fee pursuant to subdivision (d), if the injection well is regulated by the Division of Oil and Gas of the Department of Conservation, in lieu of the appropriate California regional water quality control board, pursuant to the memorandum of understanding, entered into between the state board and the Department of Conservation on May 19, 1988. This subdivision shall remain operative until the memorandum of understanding is revoked by the state board or the Department of Conservation.

(k)In addition to the report required by subdivision (a), before any person discharges mining waste, the person shall first submit both of the following to the regional board:

(1)A report on the physical and chemical characteristics of the waste that could affect its potential to cause pollution or contamination. The report shall include the results of all tests required by regulations adopted by the board, any test adopted by the Department of Toxic Substances Control pursuant to Section 25141 of the Health and Safety Code for extractable, persistent, and bioaccumulative toxic substances in a waste or other material, and any other tests that the state board or regional board may require, including, but not limited to, tests needed to determine the acid-generating potential of the mining waste or the extent to which hazardous substances may persist in the waste after disposal.

(2)A report that evaluates the potential of the discharge of the mining waste to produce, over the long term, acid mine drainage, the discharge or leaching of heavy metals, or the release of other hazardous substances.

(l)Except upon the written request of the regional board, a report of waste discharge need not be filed pursuant to subdivision (a) or (c) by a user of recycled water that is being supplied by a supplier or distributor of recycled water for whom a master recycling permit has been issued pursuant to Section 13523.1.

SEC. 2.Section 13260.2 is added to the Water Code, to read:
13260.2.

(a)The state board shall establish a fee in an amount sufficient to recover its costs in reviewing, processing, and enforcing “no exposure” certifications issued to facilities that apply for those certifications in accordance with a general industrial stormwater permit.

(b)Revenue generated pursuant to this section shall be deposited in the Waste Discharge Permit Fund.