(5) Existing law requires the Secretary for Environmental Protection to establish a unified hazardous waste and hazardous materials management regulatory program and to designate local entities as certified unified program agencies, or CUPAs, to implement and enforce the unified program, including those programs concerning hazardous material release response plans and inventories, and accidental release prevention. Existing law requires, among other things, certain businesses to adopt plans to respond to hazardous material releases and requires stationary source owners to prepare a risk management plan to prevent accidental releases of certain substances, as provided.
This bill would authorize the Secretary for Environmental Protection’s designee to also implement those hazardous material release and accidental release prevention programs to same extent as the unified program agencies.
(6) The California Global Warming Solutions Act of 2006 requires the State Air Resources Board to approve a statewide greenhouse gas emissions limit equivalent to ensure that statewide greenhouse gas emissions are reduced to at least 40% below the 1990 level by 2030. The act requires, until January 1, 2030, the Legislative Analyst’s Office to annually report to the Legislature on the economic impacts and benefits of these greenhouse gas emissions targets.
The act also establishes as policies of the state to achieve net zero greenhouse gas emissions as soon as possible, but no later than 2045, to achieve and maintain net negative greenhouse gas emissions thereafter, and to ensure that, by 2045, statewide anthropogenic greenhouse gas emissions are reduced at least 85% below the statewide greenhouse gas emissions levels in 1990. The act requires the Legislative Analyst’s Office to
conduct independent analyses of the state board’s progress toward these goals every 2 years and to prepare a report detailing its review.
This bill would revise the requirement of the Legislative Analyst’s Office to conduct those independent analyses by, among other things, requiring the Legislative Analyst’s Office to conduct them as part of the annual report described above and to prepare an annual report detailing its review.
(7) Existing law authorizes the Department of Finance, notwithstanding any other law, to delegate to the Department of Forestry and Fire Protection the right to plan, design, construct, and administer contracts and professional services for, legislatively approved capital outlay projects, as provided.
This bill would instead authorize the Department of Forestry and Fire
Protection, upon approval by the Department of Finance, to plan, design, construct, and administer contracts and professional services for, public works projects under the jurisdiction of the Department of Forestry and Fire Protection, as provided. The bill would authorize the Department of Forestry and Fire Protection, upon approval of the Department of Finance, to use any civil service classifications necessary to carry out the purposes of the above provision. The bill would authorize the Department of Finance to revoke this approval, in whole or in part, at any time.
(8) Existing law establishes the Oil, Gas, and Geothermal Administrative Fund in the State Treasury for expenditure by certain public entities in connection with various activities relating to oil and gas operations, as specified. Existing law authorizes the State Oil and Gas Supervisor to order certain operations to be carried out on any property in the
vicinity of which, or on which, is located any well or facility that the supervisor determines to be a hazardous well, an idle-deserted well, a hazardous facility, or a deserted facility, as specified. Existing law also establishes and requires the Geologic Energy Management Division to administer and manage the Oil and Gas Environmental Remediation Account in the Oil, Gas, and Geothermal Administrative Fund. Existing law requires moneys in the account to be used, upon appropriation by the Legislature, to plug and abandon oil and gas wells, decommission attendant facilities, or otherwise remediate sites that the supervisor determines could pose a danger to life, health, water quality, wildlife, or natural resources, as specified.
Existing law prohibits the division from expending, commencing with the 2022–23 fiscal year, more than $5,000,000 in any one fiscal year, and, in addition, the amount actually expended by the division in the preceding
fiscal year, not to exceed $7,500,000, from the dedicated General Fund appropriation for the 2022–23 fiscal year for the purposes of plugging and abandoning wells, decommissioning facilities, and site remediation, and the amount actually expended by the division in the preceding fiscal year, not to exceed $7,500,000, from the dedicated General Fund appropriation for the 2023–24 fiscal year, only if there is a dedicated General Fund appropriation for the 2023–24 fiscal year for the purposes of plugging and abandoning wells, decommissioning facilities, and site remediation.
This bill would, among other things, authorize the division to expend, in addition to that $5,000,000 limit and on a one-time basis, $7,500,000 for the 2024–25 fiscal year, as a match to the dedicated General Fund appropriation for the 2022–23 fiscal year for the purposes of plugging and abandoning wells, decommissioning facilities, and site remediation. The bill would also
authorize the division to expend, in addition to that $5,000,000 limit and on a one-time basis, $7,500,000 for the 2025–26 fiscal year only if there is a dedicated General Fund appropriation for the 2023–24 fiscal year for the purposes of plugging and abandoning wells, decommissioning facilities, and site remediation.
(9) Existing law authorizes the Department of Parks and Recreation to enter into contracts with natural persons, corporations, partnerships, and associations for the construction, maintenance, and operation of concessions within units of the state park system. Existing law requires those concession contracts to contain certain specified provisions, including a provision that the maximum term shall be 10, 20, or 50 years depending on certain conditions. Existing law sets the maximum term at 50 years if the concession contract is for the construction, development, and operation of multiple-unit lodging
facilities, as specified.
This bill would authorize the department to 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 to negotiate other terms, as provided, at Old Town San Diego State Historic Park. Upon termination of the concession contract or termination an existing concession contract that was extended, the bill would require the concession to be put out to bid, as specified.
This bill would make legislative findings and declarations as to the necessity of a special statute for Old Town San Diego State Historic Park.
(10) Under existing law, the Department of Parks and Recreation controls the state park system, which is made up of units. One unit is the Old Sacramento
State Historic Park. Existing law authorizes the department to lease, for any use, all or any portion of any parcel of real property acquired for state park system purposes, as specified.
This bill would require the department to include in any lease agreement, management agreement, or other agreement for the operation of a hotel on land owned or controlled by the state in the Old Sacramento State Historic Park a provision that requires the entity responsible for development of the hotel, and each sublessee or subcontractor employing the workforce performing hotel or food and beverage operations under the agreement, to enter into a labor peace agreement, as defined, with each labor organization, as defined, that represents, or seeks to represent, that workforce, as provided.
This bill would make legislative findings and declarations as to the necessity of a special statute for the
Old Sacramento State Historic Park.
(11) Existing law establishes a stewardship program, under which a program operator, as defined, is required to submit to the Department of Resources Recycling and Recovery a complete stewardship plan for collecting and properly managing covered products, including drugs and home-generated sharps. Existing law requires a program operator to implement its stewardship plan once it is approved by the department. Existing law requires the department to adopt regulations to implement the program.
Existing law requires a program operator to pay an administrative fee, to cover the costs of administering the program, to the department on a quarterly basis. Existing law prohibits the total amount of fees collected from exceeding the state’s actual on reasonable cost to administer the program.
This bill would require payment of the administrative fee every 6 months, instead of quarterly. The bill would replace the prohibition on fees exceeding the costs of administering the program with a requirement for the department to perform a semiannual reconciliation to ensure that the total fees collected do not exceed the state’s actual and reasonable cost in administering the program.
(12) Existing law requires the Natural Resources Agency to update every 3 years the state’s climate adaptation strategy, known as the Safeguarding California Plan, and to coordinate with other state agencies to identify vulnerabilities to climate change by sectors and priority actions needed to reduce the risks in those sectors. Existing law requires, to address the vulnerabilities identified in the plan, state agencies to maximize specified objectives, including promoting the use of the plan to
inform planning decisions and ensure that state investments consider climate change impacts, as well as promote the use of natural systems and natural infrastructure, when developing physical infrastructure to address adaptation. Existing law defines “natural infrastructure” for this purpose to include the conservation, preservation, or sustainable management of any form of aquatic or vegetated terrestrial open space.
This bill would add “aquifers” to a list of examples of aquatic or vegetated terrestrial open spaces for purposes of this definition of natural infrastructure.
(13) Existing law requires that whenever the Attorney General prevails in a civil action to enforce specified laws, the court is to award the Attorney General all costs of investigating and prosecuting the action, including expert fees, reasonable attorney’s fees, and costs, to be paid to
the Public Rights Law Enforcement Special Fund.
This bill would add certain laws relating to the supervision of dams and reservoirs to those for which a court is required to award the Attorney General those costs and fees if the Attorney General prevails in a civil action. The bill would require the Attorney General, upon request of the Department of Water Resources, to bring an action in superior court seeking injunctive relief, penalties, fees, costs, or any other remedies available to the department under the laws relating to dams and reservoirs, as specified.
Existing law requires the department to inspect dams, reservoirs, and appurtenant structures to verify their safety, as specified. Existing law prevents the construction of any new dam or reservoir or the enlargement of any dam or reservoir until the owner has applied for and obtained from the department written approval
of plans and specifications. Existing law requires the owner to submit an application to the department and prescribes a fee schedule based upon the estimated cost of the dam, reservoir, or enlargement for the filing of that application. Existing law requires the estimated cost of the dam or reservoir or enlargement to include specified component costs.
This bill would increase the fees specified for the filing of an application for a new dam or reservoir, and would make an application for the repair, alteration, or removal of an existing dam or reservoir subject to those fees. The bill would require the department to annually adjust the fee schedule to reflect changes in the Consumer Price Index for goods and services published by the United States Bureau of Labor Statistics. The bill would require the department to adopt, by regulation, a process to adjust the fees to ensure the filing fees collected cover the department’s reasonable costs for
application work, and authorizes the inclusion of design review and construction oversight as application work for this purpose. The bill would authorize the department to refund filing fees paid by an owner if requested by the owner and to adopt, by regulation, a methodology for determining the criteria and process for those refunds. The bill would require the estimated cost of a dam or reservoir project, for purposes of determining the fee associated with an application, to include the labor costs of the owner for preparing environmental documentation to meet the requirements of the California Environmental Quality Act.
Existing law provides that, in the event the actual cost of a new dam or reservoir or an enlargement exceeds the cost estimated for purposes of a dam or reservoir application fee by more than 15%, a further fee is required by the department before final approval, as specified, unless that further fee is to be computed at less
than $20.
This bill would provide that no further fee is due in this circumstance, or in the circumstance of an analogous underestimate for a repair, alteration, or removal of an existing dam or reservoir, if that further fee is to be computed at less than $500.
(14) Existing law provides for the regulation and supervision of dams and reservoirs by the state, and requires the Department of Water Resources, under the police power of the state, to supervise the construction, enlargement, alteration, repair, maintenance, operation, and removal of dams and reservoirs for the protection of life and property, as prescribed.
This bill would require the department, upon appropriation by the Legislature, to develop and administer the Dam Safety and Climate Resilience Local Assistance Program to provide
state funding for repairs, rehabilitation, enhancements, and other dam safety projects at existing state jurisdictional dams and associated facilities that were in service prior to January 1, 2023, subject to prescribed criteria. The bill would require the department to develop and adopt program guidelines and project solicitation documents before disbursing any grant funds. The bill would prohibit the department from using funds pursuant to these provisions for raising dams, increasing reservoir space, or otherwise increasing water impoundment. The bill would require a grant cost share of at least 50% for projects funded pursuant to the program, except as provided.
(15) Existing law prohibits an entity from substantially diverting or obstructing the natural flow of, or substantially changing or using any material from the bed, channel, or bank of, any river, stream, or lake, or from depositing certain material where it
may pass into any river, stream, or lake, without first notifying the Department of Fish and Wildlife of that activity, and entering into a lake or streambed alteration agreement if required by the department to protect fish and wildlife resources. Existing law exempts certain routine maintenance and operation activities from those requirements after the initial notification and agreement and exempts certain emergency activities from those notification and agreement requirements.
This bill would exempt specified activities regarding the diversion of floodflows for groundwater recharge from the above-described provisions.
Existing law states that the right to water or to the use of water is limited to that amount of water that may be reasonably required for the beneficial use to be served. Existing law provides for the forfeiture of water rights to which a person is entitled when the
person fails to beneficially use the water for a period of 5 years. Existing law declares that the storing of water underground, and related diversions for that purpose, constitute a beneficial use of water if the stored water is thereafter applied to the beneficial purposes for which the appropriation for storage was made.
This bill would provide that the diversion of floodflows for groundwater recharge do not require an appropriative water right if specified conditions regarding the diversion are met, including, among other things, if a local or regional agency that has adopted a local plan of flood control or has considered flood risk as part of its most recently adopted general plan has given notice via its internet website, electronic distribution list, emergency notification service, or another means of public notice, that flows downstream of the point of diversion are at imminent risk of flooding and inundation of land, roads, or
structures. The bill would provide that these provisions apply only to diversions commenced before January 1, 2029. The bill would provide that the state is not liable for flood damages related to actions authorized pursuant to these provisions. The bill would require the State Water Resources Control Board to post specified information related to the diversion of floodflows for groundwater recharge on its internet website, as specified.
Existing law authorizes the state board to issue a cease and desist order against a person who is violating, or threatening to violate, certain regulations or requirements relating to water use. Under existing law, a person or entity in violation of a term or condition of a permit, license, certificate, or registration issued by, or a regulation or order adopted by, the state board may be held liable for an amount not to exceed $500 for each day that the violation occurs.
This bill would authorize the state board to issue a cease and desist order against a person who is violating, or threatening to violate, any regulation adopted by the state board. The bill would also authorize the state board to issue a cease and desist order against a person who violates a condition or reporting requirement for the diversion of floodwaters for groundwater recharge, and would make the person liable in an amount not to exceed the sum of $500 for each day that the violation occurs.
Existing law, the California Emergency Services Act, sets forth the emergency powers of the Governor under its provisions and empowers the Governor to proclaim a state of emergency for certain conditions, including drought.
Existing law, until January 1, 2024, among other things, authorizes specified state agencies, subject to an appropriation for
these purposes, to make grants and direct expenditures for interim or immediate relief in response to conditions arising from a drought scenario to, among other things, address immediate impacts on human health and safety, including providing or improving availability of food, water, or shelter. Existing law defines “interim or immediate relief” for purposes of these provisions to include specified types of relief and provides that eligible costs for interim or immediate relief include technical assistance, site acquisitions, and costs directly related to the provision of the project.
This bill would extend the operation of this drought relief program indefinitely. The bill would add diversions of floodflows for groundwater recharge, as made lawful by this bill without appropriative water rights, and water use reduction and efficiency equipment to what is considered interim or immediate relief for purposes of these provisions. The bill would
exempt the posting and dissemination of information related to drought emergency activities for purposes of these provisions from technology and internet website accessibility requirements, until posting an accessible version is practicable.
The California Environmental Quality Act (CEQA) requires a lead agency, as defined, to prepare, or cause to be prepared, and certify the completion of an environmental impact report on a project 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. CEQA also requires a lead agency to prepare a mitigated negative declaration for a project that may have a significant effect on the environment if revisions in the project would avoid or mitigate that effect and there is no substantial evidence that the project, as revised, would have a significant effect on the environment.
This bill would exempt from CEQA the actions of any public agency that contracts with the United States Bureau of Reclamation, or is an entitlement holder under specified law for Colorado River water supplies, that are approved before December 31, 2026, that the Secretary of the Natural Resources Agency concurs in writing are reasonably necessary to implement Colorado River water conservation agreements with the United States Bureau of Reclamation, as well as those water conservation agreements themselves. Because the bill would require a lead agency to determine whether certain projects qualify for the new exemption, the bill would impose a state-mandated local program.
(16) The Porter-Cologne Water Quality Control Act, with certain exceptions, requires a waste discharger to file a report of waste discharge with a California regional water quality control board and to pay an annual
fee established by the State Water Resources Control Board.
Existing law authorizes each regional board to prescribe water reclamation requirements for water that is used or proposed to be used as recycled water and to place those requirements upon the person recycling water, the user, or both. Existing law also authorizes each regional board, in lieu of issuing waste discharge requirements, as specified, or water recycling requirements for a user of recycled water, as specified, to issue a master recycling permit to a supplier or distributor, or both, of recycled water.
This bill would additionally require persons who are subject to the prescribed water reclamation requirements for water that is used or proposed to be used as recycled water and persons who have been issued a master recycling permit to pay the annual fee established by the State Water Resources Control Board. The
bill would also make conforming changes.
(17) Existing law appropriates $822,400,000 from the General Fund and the Toxic Substances Control Account to the Department of Toxic Substances Control to be released according to a specified schedule and for various purposes, including to assist in the development of a forum that represents communities across California impacted by the department’s programs and activities and to provide environmental justice advice, consultation, and recommendations to the Director of Toxic Substances Control and the Board of Environmental Safety.
This bill would specify that the forum is within the department and would limit it to no more than 25 members. The bill would require the department to provide a $100 per diem plus travel expenses to forum members for forum meetings and would authorize the department to provide the same
compensation to forum members for working group meetings, as specified. The bill would also authorize the department to enter into any necessary contracts to implement the provisions relating to the forum. By expanding the scope of an existing appropriation, the bill would make an appropriation.
(18) Existing federal law, the Consolidated Appropriations Act, 2021, among other things, requires the United States Department of Health and Human Services to carry out a Low-Income Household Drinking Water and Wastewater Emergency Assistance Program, which is also known as the Low Income Household Water Assistance Program, for making grants to states and Indian tribes to assist low-income households that pay a high proportion of household income for drinking water and wastewater services, as provided.
Existing law requires the Department of Community Services and
Development to administer the Low Income Household Water Assistance Program in this state, and to receive and expend moneys appropriated and allocated to the state for purposes of that program, pursuant to the above-described federal law.
Existing law, using funds appropriated in the Budget Act of 2022, requires the Department of Community Services and Development to continue to administer the Low Income Household Water Assistance Program in this state, until the appropriated funds are expended or until June 30, 2026, whichever occurs first.
Existing law, for taxable years beginning on or after January 1, 2022, and before January 1, 2027, excludes from gross income any amounts of financial assistance received by an individual taxpayer pursuant to the above-described acts.
This bill would repeal these provisions.
The Water and Wastewater System Payments Under the American Rescue Plan Act of 2021 provides for the California Water and Wastewater Arrearage Payment Program established in the State Water Resources Control Board. Existing law requires the state board to survey community water systems to determine statewide arrearages and water enterprise revenue shortfalls, to adopt a resolution establishing guidelines for application requirements and reimbursement amounts for those arrearages and shortfalls, and, after adoption of the resolution, to accept applications from community water systems for funds to assist customers who have past-due bills from the COVID-19 pandemic bill relief period, as specified. Existing law makes these provisions inoperative on July 1, 2025, and repeals them on January 1, 2026.
This bill would revise the program to make it applicable to private wastewater treatment providers and
enterprise revenue shortfalls, as provided. The bill would extend the program until July 1, 2026, and repeal it on January 1, 2027. The bill would require any claim or cause of action based on the program that was commenced before January 1, 2027, whether or not reduced to a final judgment, or other action of an implementing agency undertaken pursuant the program, to be preserved, as specified.
Existing law, the Budget Act of 2021, provides for an appropriation of $985,000,000 in Item 3940-162-8506, available to forgive residential and commercial customer arrearages and water enterprise revenue shortfalls where those arrearages and revenue shortfalls occurred during the period commencing March 4, 2020, to June 15, 2021, inclusive, as a result of the COVID-19 pandemic.
This bill would expand the use of the above-described funds for wastewater enterprise revenue shortfalls. The bill
would extend the time period covered by the appropriation to December 31, 2022. By extending the covered period, this bill would make an appropriation.
(19) 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 specified reasons.
(20) This bill would declare that it is to take effect immediately as a bill providing for appropriations related to the Budget Bill.