Today's Law As Amended


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AB-178 Public resources trailer bill.(2023-2024)



As Amends the Law Today


SECTION 1.

 Section 5080.18 of the Public Resources Code is amended to read:

5080.18.
 A concession contract entered into pursuant to this article shall contain, but is not limited to, all of the following provisions:
(a) (1) The maximum term shall be 10 years, except that a term of more than 10 years may be provided if the director determines that the longer term is necessary to allow the concessionaire to amortize improvements made by the concessionaire, to facilitate the full use of a structure that is scheduled by the department for replacement or redevelopment, or to serve the best interests of the state. The term shall not exceed 20 years without specific authorization by statute. Except as provided in Section 5080.16, all renewals of concession contracts pursuant to this paragraph shall be subject to competitive bidding requirements.
(2) The maximum term shall be 50 years if the concession contract is for the construction, development, and operation of multiple-unit lodging facilities equipped with full amenities, including plumbing and electrical, that is anticipated to exceed an initial cost of one million five hundred thousand dollars ($1,500,000) in capital improvements in order to begin operation. The term for a concession contract described in this paragraph shall not exceed 50 years without specific authorization by statute. Except as provided in Section 5080.16, all renewals of concession contracts pursuant to this paragraph shall be subject to competitive bidding requirements.
(3) (A) Notwithstanding paragraph (1), a concession agreement at Will Rogers State Beach may be awarded for up to 50 years in length without specific authorization by statute, upon approval by the director and pursuant to a determination by the director that the longer term is necessary to allow the concessionaire to amortize improvements made by the concessionaire that are anticipated to exceed one million five hundred thousand dollars ($1,500,000) in capital improvements.
(B) Notwithstanding any other law or any other agreement, in furtherance of a concession agreement, pending concession agreement, or amendment to a concession agreement between the County of Los Angeles and a private entity at the state-owned Will Rogers State Beach, development or renovation of capital improvements, whether public or private, and related public access and recreation improvements shall be exempt from any municipal demolition, grading, building, or discretionary permits required by state law or municipal building and zoning codes or from approvals by municipal agencies and shall be subject only to the approval by the County of Los Angeles and a coastal development permit or amendment to a coastal development permit from the California Coastal Commission.
(4) Notwithstanding paragraph (2), the department may negotiate the term of the existing concession contract with the Crystal Cove Management Company to extend the term of that contract up to an additional 20 years, if the director determines that this term extension is necessary to allow Crystal Cove Management Company to qualify and complete requirements for rehabilitation tax credits pursuant to Section 47 of Title 26 of the United States Code for the rehabilitation of historic structures to facilitate and support the Phase III restoration of the 17 historic cottages at Crystal Cove State Park. This rehabilitation shall include the construction, development, and operation of multiple-unit lodging facilities equipped with full amenities, including plumbing and electrical. Negotiated terms pursuant to this subdivision shall be based on the value of the term’s extension, and may include, but are not limited to, an increased rental rate as consideration for the extended term. All moneys invested by third parties in connection with receipt of these rehabilitation tax credits shall be used for the construction, development, and operation of the Phase III restoration of the 17 historic cottages at Crystal Cove State Park.
(5) (A) Notwithstanding paragraph (2), the department may negotiate a concession contract, for a term of not more than 30 years, or an extension of an existing concession contract, for a term of up to an additional 30 years, and may negotiate other terms, including, but not limited to, rent, based on the value of the term or the term’s extension as consideration for the Mexican Commercial Corner, El Opal Restaurant, and Casa de Bandini and The Cosmopolitan Hotel and Restaurant at Old Town San Diego State Historic Park.
(B) The property known as El Fandango and other adjacent properties may be added to the concession premises to enable increased pedestrian access.
(C) The terms of the concession contract or the extension of an existing concession contract shall require the concessionaire to provide for capital improvements of substantial and additional concession facilities, and improvements of existing concession facilities, to be constructed at the sole expense of the concessionaire, that are consistent with the general plan for Old Town San Diego State Historic Park and are needed to accommodate existing or projected increased public usage. The minimum amount of the capital improvements shall be negotiated between the department and the concessionaire and shall be no less than three million dollars ($3,000,000). The capital improvements shall be the sole property of the state. The capital improvements may include, but are not limited to, both of the following:
(i) The demolishment and reconstruction of the property known as El Fandango. This space may include both indoor and outdoor concession and interpretive opportunities.
(ii) The construction of pedestrian access between the properties known as the Land of the First People exhibit area and the historic core of Old Town San Diego State Historic Park.
(D) Upon the termination of the concession contract or upon the termination of an existing concession contract that was extended, the concession shall be put out to bid in accordance with the bidding requirements of this article.
(b) Every concessionaire shall submit to the department all sales and use tax returns and, at the request of the department, provide an annual financial statement prepared or audited by a certified public accountant.
(c) Every concession shall be subject to audit by the department.
(d) A performance bond shall be obtained and maintained by the concessionaire. In lieu of a bond, the concessionaire may substitute a deposit of funds acceptable to the department. Interest on the deposit shall accrue to the concessionaire.
(e) The concessionaire shall obtain and maintain in force at all times a policy of liability insurance in an amount adequate for the nature and extent of public usage of the concession and naming the state as an additional insured.
(f) Any discrimination by the concessionaire or the concessionaire’s agents or employees against any person because of the marital status or ancestry of that person or any characteristic listed or defined in Section 11135 of the Government Code is prohibited.
(g) To be effective, any modification of the concession contract shall be evidenced in writing.
(h) Whenever a concession contract is terminated for substantial breach, there shall be no obligation on the part of the state to purchase any improvements made by the concessionaire.
(i) If a concessionaire makes a legal claim or assertion to have a trademark or service mark interest in violation of subdivision (a) of Section 5080.22, the concessionaire shall forfeit the right to bid on future state park concession contracts to the extent authorized by federal law.
(j) If a current or former concessionaire in bad faith files a federal or state trademark or service mark application for a trademark or service mark that incorporates or implies an association with a state park venue, or its historical, cultural, or recreational resources, and the state files a successful opposition or cancellation with respect to that trademark or service mark application, the concessionaire shall be responsible for the state’s attorney fees, costs, and expenses associated with that opposition or cancellation.

SEC. 2.

 Section 42882 is added to the Public Resources Code, to read:

42882.
 In carrying out this chapter, the department may solicit and use expertise available in other state agencies and, if an existing state agency performs functions of a similar nature to the department’s functions, the department may contract with, or cooperate with, that agency in carrying out this chapter.

SEC. 3.

 Section 12823 of the Public Utilities Code is amended to read:

12823.
 (a) A district furnishing its inhabitants with light, water, power, or heat shall not terminate residential service for nonpayment of a delinquent account unless the district first gives notice of the delinquency and impending termination, as provided in Section 12823.1.
(b) A district shall not terminate residential service for nonpayment in any of the following situations:
(1) During the pendency of an investigation by the district of a customer dispute or complaint.
(2) When a customer has been granted an extension of the period for payment of a bill.
(3) On the certification of a licensed physician and surgeon that to do so will be life threatening to the customer and the customer is financially unable to pay for service within the normal payment period and is willing to enter into an amortization agreement with the district pursuant to subdivision (e) with respect to all charges that the customer is unable to pay before delinquency.
(c) A residential customer who has initiated a complaint or requested an investigation within five days of receiving a disputed bill, or who has, within 13 days of the mailing of the notice required by subdivision (a), made a request for an extension of the payment period of a bill asserted to be beyond the means of the customer to pay in full during the normal period for payment, shall be given an opportunity for review of the complaint, investigation, or request by a review manager of the district. The review shall include consideration of whether the customer shall be permitted to amortize the unpaid balance of the account over a reasonable period of time, generally within 12 months, but a district may grant a longer period of time if the district finds a longer period of time is necessary to avoid undue hardship to the customer based on the individual circumstances of the case. No termination of service shall be effected for any customer complying with an amortization agreement, if the customer also keeps the account current as charges accrue in each subsequent billing period.
(d) A customer whose complaint or request for an investigation pursuant to subdivision (c) has resulted in an adverse determination by the district may appeal the determination to the board. A subsequent appeal of the dispute or complaint to the board is not subject to this section.
(e) A customer meeting the requirements of paragraph (3) of subdivision (b) shall, upon request, be permitted to amortize the unpaid balance of any bill asserted to be beyond the means of the customer to pay within the normal period for payment, generally within 12 months, but a district may grant a longer period if the district finds a longer period is necessary to avoid undue hardship to the customer based on the individual circumstances of the case.

SEC. 4.

 Section 18748 of the Revenue and Taxation Code is amended to read:

18748.
 (a) Except as otherwise provided in subdivision (b), this article shall remain in effect only until January 1, 2032, and is repealed as of December 1 of that year.
(b) (1) By September 1 of the 2018 calendar year and each calendar year thereafter that the Protect Our Coast and Oceans Voluntary Tax Contribution Fund appears on the tax return, the Franchise Tax Board shall determine whether the amount of contributions estimated to be received during the calendar year will equal or exceed the minimum contribution amount for the calendar year pursuant to paragraph (3). The Franchise Tax Board shall estimate the amount of contributions to be received by using the actual amounts received and an estimate of the contributions that will be received by the end of that calendar year.
(2) If the Franchise Tax Board determines that the amount of the contributions estimated to be received during a calendar year will not at least equal the minimum contribution amount for the calendar year, this article is inoperative with respect to taxable years beginning on or after January 1 of that calendar year, and shall be repealed on December 1 of that calendar year.
(3) For purposes of this section, the minimum contribution amount for a calendar year means two hundred thousand dollars ($200,000).

SEC. 5.

 Section 106 of Chapter 73 of the Statutes of 2021, as amended by Section 69 of Chapter 72 of the Statutes of 2024, is amended to read:

Section 106.
 (a) The total sum of five hundred fifty-three million nine hundred thousand dollars ($553,900,000) is hereby appropriated from the General Fund, the Greenhouse Gas Reduction Fund, and the Toxic Substances Control Account established pursuant to Section 25173.6 of the Health and Safety Code to the Department of Toxic Substances Control to be released according to the following schedule and for the following purposes:
(1) (A) For the 2021–22 fiscal year, two hundred forty million four hundred thousand dollars ($240,400,000).
(B) Of the amount specified in subparagraph (A), one hundred nine million dollars ($109,000,000) shall be allocated from the General Fund for the following:
(i) The discovery, cleanup, and investigation of contaminated properties with a priority on sites that are in communities with high cumulative environmental burdens and proximity to sensitive receptors. The Department of Toxic Substances Control shall, to the extent feasible, require the use of community benefit agreements for those sites where a responsible party has been identified and is available.
(ii) A grant program, modeled after the grant program established under Section 9604(k) of Title 42 of the United States Code, to fund response actions, as defined by Section 78140 of the Health and Safety Code, at brownfield sites.
(iii) A job and development training program prioritizing local hires to promote public health and community engagement, promote equity and environmental justice, and support the local economy.
(iv) A program to provide technical assistance grants to groups of individuals in communities impacted by a release or a potential release of a hazardous material. The goal of these grants is to provide community members with technical information to understand and contribute to response actions that comply with applicable laws. The Department of Toxic Substances Control may award the grants to pay for any of the following:
(I) A qualified, independent entity to assist in the creation or interpretation of information on the nature of the hazard or potential hazard of a release or potential release of a hazardous material.
(II) A qualified, independent entity to assist in the interpretation of information produced as part of a site investigation or as part of any other type of response action for a release or potential release, including the operation and maintenance of a response action.
(III) A qualified, independent entity to conduct confirmation sampling related to a release or potential release of a hazardous material.
(v) (I) To assist in the development of a forum within the Department of Toxic Substances Control, consisting of no more than 25 members, that represents communities across California impacted by the Department of Toxic Substances Control’s programs and activities and to provide environmental justice advice, consultation, and recommendations to the Director of the Department of Toxic Substances Control and the Board of Environmental Safety.
(II) The Department of Toxic Substances Control shall provide members of the forum a one-hundred-dollar ($100) state per diem for each day a forum meeting is held and the actual, reasonable travel expenses to attend the meeting.
(III) If members of the forum create working groups to assist with the forum’s work, a one-hundred-dollar ($100) state per diem compensation and the actual, reasonable travel expenses to attend the working group meetings may be made available to working group members at the discretion of the Department of Toxic Substances Control.
(IV) The Department of Toxic Substances Control may enter into any necessary contracts to implement the purposes of this clause.
(vi) To implement Section 25135 of the Health and Safety Code in the 2021–22 fiscal year.
(C) Of the amount specified in subparagraph (A), the Director of Finance may transfer up to one hundred thirty-one million four hundred thousand dollars ($131,400,000) as a loan from the General Fund to the Toxic Substances Control Account. The loaned moneys are hereby appropriated in that same amount from the account for use by the Department of Toxic Substances Control for the following purposes:
(i) Activities related to the cleanup and investigation of properties contaminated with lead in the communities surrounding the former Exide Technologies facility in the City of Vernon.
(ii) Notwithstanding Section 25173.6 of the Health and Safety Code, job training activities related to the cleanup and investigation of the properties contaminated with lead in the communities surrounding the former Exide Technologies facility in the City of Vernon.
(2) (A) For the 2022–23 fiscal year, one hundred fifteen million dollars ($115,000,000).
(B) Of the amount specified in subparagraph (A), fifteen million dollars ($15,000,000) shall be allocated from the General Fund for the following:
(i) The discovery, cleanup, and investigation of contaminated properties with a priority on sites that are in communities with high cumulative environmental burdens and proximity to sensitive receptors. The Department of Toxic Substances Control shall, to the extent feasible, require the use of community benefit agreements for those sites where a responsible party has been identified and is available.
(ii) A grant program, modeled after the grant program established under Section 9604(k) of Title 42 of the United States Code, to fund response actions, as defined by Section 78140 of the Health and Safety Code, at brownfield sites.
(C) Of the amount specified in subparagraph (A), the Director of Finance may transfer up to one hundred million dollars ($100,000,000) as a loan from the General Fund to the Toxic Substances Control Account. The loaned moneys are hereby appropriated in that same amount from the account for use by the Department of Toxic Substances Control for the following purposes:
(i) Activities related to the cleanup and investigation of properties contaminated with lead in the communities surrounding the former Exide Technologies facility in the City of Vernon.
(ii) Notwithstanding Section 25173.6 of the Health and Safety Code, job training activities related to the cleanup and investigation of the properties contaminated with lead in the communities surrounding the former Exide Technologies facility in the City of Vernon.
(3) (A) For the 2023–24 fiscal year, ninety-one million dollars ($91,000,000).
(B) The Director of Finance may transfer up to the amount specified in subparagraph (A) as a loan from the General Fund to the Toxic Substances Control Account. The loaned moneys are hereby appropriated in that same amount from the account for use by the Department of Toxic Substances Control for the following purposes:
(i) Activities related to the cleanup and investigation of properties contaminated with lead in the communities surrounding the former Exide Technologies facility in the City of Vernon.
(ii) Notwithstanding Section 25173.6 of the Health and Safety Code, job training activities related to the cleanup and investigation of the properties contaminated with lead in the communities surrounding the former Exide Technologies facility in the City of Vernon.
(4) (A) For the 2024–25 fiscal year, sixty-five million dollars ($65,000,000).
(B) The amount specified in subparagraph (A) shall be allocated from the Greenhouse Gas Reduction Fund for the following:
(i) The discovery, cleanup, and investigation of contaminated properties with a priority on sites that are in communities with high cumulative environmental burdens and proximity to sensitive receptors. The Department of Toxic Substances Control shall, to the extent feasible, require the use of community benefit agreements for those sites where a responsible party has been identified and is available.
(ii) A grant program, modeled after the grant program established under Section 9604(k) of Title 42 of the United States Code, to fund response actions, as defined by Section 78140 of the Health and Safety Code, at brownfield sites.
(iii) A job and development training program prioritizing local hires to promote public health and community engagement, promote equity and environmental justice, and support the local economy.
(iv) A program to provide technical assistance grants to groups of individuals in communities impacted by a release or a potential release of a hazardous material. The goal of these grants is to provide community members with technical information to understand and contribute to response actions that comply with applicable laws. The Department of Toxic Substances Control may award the grants to pay for any of the following:
(I) A qualified, independent entity to assist in the creation or interpretation of information on the nature of the hazard or potential hazard of a release or potential release of a hazardous material.
(II) A qualified, independent entity to assist in the interpretation of information produced as part of a site investigation or as part of any other type of response action for a release or potential release, including the operation and maintenance of a response action.
(III) A qualified, independent entity to conduct confirmation sampling related to a release or potential release of a hazardous material.
(v) (I) To assist in the development of a forum within the Department of Toxic Substances Control, consisting of no more than 25 members, that represents communities across California impacted by the Department of Toxic Substances Control’s programs and activities and to provide environmental justice advice, consultation, and recommendations to the Director of the Department of Toxic Substances Control and the Board of Environmental Safety.
(II) The Department of Toxic Substances Control shall provide members of the forum a one-hundred-dollar ($100) state per diem for each day a forum meeting is held and the actual, reasonable travel expenses to attend the meeting.
(III) If members of the forum create working groups to assist with the forum’s work, a one-hundred-dollar ($100) state per diem compensation and the actual, reasonable travel expenses to attend the working group meetings may be made available to working group members at the discretion of the Department of Toxic Substances Control.
(IV) The Department of Toxic Substances Control may enter into any necessary contracts to implement the purposes of this clause.
(5) (A) For the 2026–27 fiscal year, forty-two million five hundred thousand dollars ($42,500,000).
(B) The amount specified in subparagraph (A) shall be allocated from the Greenhouse Gas Reduction Fund for the following:
(i) The discovery, cleanup, and investigation of contaminated properties with a priority on sites that are in communities with high cumulative environmental burdens and proximity to sensitive receptors. The Department of Toxic Substances Control shall, to the extent feasible, require the use of community benefit agreements for those sites where a responsible party has been identified and is available.
(ii) A grant program, modeled after the grant program established under Section 9604(k) of Title 42 of the United States Code, to fund response actions, as defined by Section 78140 of the Health and Safety Code, at brownfield sites.
(iii) A job and development training program prioritizing local hires to promote public health and community engagement, promote equity and environmental justice, and support the local economy.
(iv) A program to provide technical assistance grants to groups of individuals in communities impacted by a release or a potential release of a hazardous material. The goal of these grants is to provide community members with technical information to understand and contribute to response actions that comply with applicable laws. The Department of Toxic Substances Control may award the grants to pay for any of the following:
(I) A qualified, independent entity to assist in the creation or interpretation of information on the nature of the hazard or potential hazard of a release or potential release of a hazardous material.
(II) A qualified, independent entity to assist in the interpretation of information produced as part of a site investigation or as part of any other type of response action for a release or potential release, including the operation and maintenance of a response action.
(III) A qualified, independent entity to conduct confirmation sampling related to a release or potential release of a hazardous material.
(v) (I) To assist in the development of a forum within the Department of Toxic Substances Control, consisting of no more than 25 members, that represents communities across California impacted by the Department of Toxic Substances Control’s programs and activities and to provide environmental justice advice, consultation, and recommendations to the Director of the Department of Toxic Substances Control and the Board of Environmental Safety.
(II) The Department of Toxic Substances Control shall provide members of the forum a one-hundred-dollar ($100) state per diem for each day a forum meeting is held and the actual, reasonable travel expenses to attend the meeting.
(III) If members of the forum create working groups to assist with the forum’s work, a one-hundred-dollar ($100) state per diem compensation and the actual, reasonable travel expenses to attend the working group meetings may be made available to working group members at the discretion of the Department of Toxic Substances Control.
(IV) The Department of Toxic Substances Control may enter into any necessary contracts to implement purposes of this clause.
(b) All funds recovered from potentially responsible parties for the former Exide Technologies facility in the City of Vernon shall be used to repay the loans made pursuant to subdivision (a). If the amount of moneys received from the cost recovery efforts is insufficient to fully repay the loans made pursuant to subdivision (a), the Director of Finance may forgive any remaining balance if, at least 90 days before forgiving any balance, the Director of Finance submits a notification to the Joint Legislative Budget Committee.
(c) The Department of Toxic Substances Control may review, adopt, amend, and repeal guidelines to implement uniform standards or criteria that supplement or clarify the terms, references, or standards set forth in this section. Any guidelines or terms adopted pursuant to this subdivision are not subject to Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code.
(d) It is the intent of the Legislature that the funds appropriated pursuant to subdivision (a) be used to decrease environmental burdens on disadvantaged communities and not create an increased obligation to the state to fund the cleanup of orphan sites.
(e) The Board of Environmental Safety shall conduct an analysis of the expenditure of funds allocated by the Department of Toxic Substances Control for the purposes specified in subparagraph (B) of paragraph (1) of, subparagraph (B) of paragraph (2) of, and subparagraph (B) of paragraph (3) of, subdivision (a), on an annual basis until the funds have been entirely liquidated by the Department of Toxic Substances Control. This analysis shall include the subsequent uses of the sites that have undergone investigation or cleanup in order to make recommendations to the Legislature on future expenditures of state funds for cleanup. In its analysis, the board shall also evaluate the public health benefits that those investigations or cleanups have created for the communities in which the sites are located.
(f) Notwithstanding any other law, the funding appropriated in subdivision (a) shall be available for encumbrance for four fiscal years after the fiscal year in which the funds are released.
(g)  This section does not expand any obligation of the state to provide resources for cleanup of orphan sites beyond the funds appropriated in subdivision (a).
(h) (1) Until July 1, 2025, an agency administering moneys appropriated under this section may authorize advance payments of those moneys in accordance with Section 11019.1 of the Government Code.
(2) Paragraph (1) shall not apply to moneys appropriated in subparagraph (C) of paragraph (1) of subdivision (a).
(i) (1) Moneys appropriated from the Greenhouse Gas Reduction Fund pursuant to this section shall be used for the purpose of facilitating the achievement of reductions of emissions of greenhouse gases in this state in accordance with the requirements of Section 39712 of the Health and Safety Code or to improve climate change adaptation and resiliency, or environmental quality and public health, of California’s communities, with an emphasis on disadvantaged communities, as defined in Section 39711 of the Health and Safety Code, or low-income households or communities, as defined in Section 39713 of the Health and Safety Code, consistent with Division 25.5 (commencing with Section 38500) of the Health and Safety Code.
(2) For moneys appropriated from the Greenhouse Gas Reduction Fund pursuant to this section, the Department of Toxic Substances Control may also comply with the requirements of paragraphs (2) and (3) of subdivision (a) of Section 16428.9 of the Government Code by describing how each proposed expenditure will improve climate change adaptation and resiliency, or environmental quality and public health, of disadvantaged communities or low-income households or communities.
(3) For the purposes of subdivision (b) of Section 16428.9 of the Government Code and Section 39720 of the Health and Safety Code, the State Air Resources Board, in consultation with the Department of Toxic Substances Control, may develop methodologies and collect metrics or other information related to the description provided pursuant to paragraph (2) from the Department of Toxic Substances Control relating to the use of moneys appropriated from the Greenhouse Gas Reduction Fund pursuant to this section.
SEC. 6.
 The sum of three million ninety-eight thousand dollars ($3,098,000) is hereby appropriated from the Salton Sea Restoration Fund to the Department of Fish and Wildlife for the 2024–25 fiscal year to support projects at the Salton Sea.
SEC. 7.
 With respect to Section 1 of this act, which amends Section 5080.18 of the Public Resources Code, the Legislature finds and declares that a special statute is necessary and that a general statute cannot be made applicable within the meaning of Section 16 of Article IV of the California Constitution because of the unique nature of Will Rogers State Beach.
SEC. 8.
 This act is a bill providing for appropriations related to the Budget Bill within the meaning of subdivision (e) of Section 12 of Article IV of the California Constitution, has been identified as related to the budget in the Budget Bill, and shall take effect immediately.