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SB-367 Farm, ranch, and public lands cleanup and abatement: grant program.(2023-2024)



Current Version: 06/28/23 - Amended Assembly

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SB367:v97#DOCUMENT

Amended  IN  Assembly  June 28, 2023
Amended  IN  Senate  March 16, 2023

CALIFORNIA LEGISLATURE— 2023–2024 REGULAR SESSION

Senate Bill
No. 367

Introduced by Senator Seyarto

February 08, 2023

An act to amend Sections 48100, 48101, 48103, 48104, and 48106 of, to amend the heading of Chapter 2.5 (commencing with Section 48100) of Part 7 of Division 30 of, and to add Section Sections 48100.3 and 48100.5 to, the Public Resources Code, relating to solid waste.


LEGISLATIVE COUNSEL'S DIGEST


SB 367, as amended, Seyarto. Farm, ranch, and public lands cleanup and abatement: grant program.
Existing law establishes the Farm and Ranch Solid Waste Cleanup and Abatement Grant Program, administered by the Department of Resources Recycling and Recovery, to award grants to public entities, defined as cities, counties, or resource conservation districts, and Native American tribes for purposes of cleaning up and abating the effects of solid waste that is illegally disposed of on farm or ranch property. Existing law creates the Farm and Ranch Solid Waste Cleanup and Abatement Account in the General Fund to include money appropriated from specified revenue sources, including tire recycling and used oil recycling fees, and authorizes the department to expend the money in the account for the grant program upon appropriation by the Legislature in the annual Budget Act.
This bill would rename the grant program the Farm, Ranch, and Public Lands Solid Waste Cleanup and Abatement Grant Program and extend its purposes to cleaning up and abating the effects of solid waste that is illegally disposed of on public lands owned by the state or federal government. The bill would create the Public Lands Solid Waste Cleanup and Abatement Account in the General Fund and would authorize the department to expend the moneys in the account for these extended grant program purposes upon appropriation by the Legislature in the annual Budget Act.
Vote: MAJORITY   Appropriation: NO   Fiscal Committee: YES   Local Program: NO  

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


SECTION 1.

 The heading of Chapter 2.5 (commencing with Section 48100) of Part 7 of Division 30 of the Public Resources Code is amended to read:
CHAPTER  2.5. Farm, Ranch, and Public Lands Solid Waste Cleanup and Abatement Grant Program

SEC. 2.

 Section 48100 of the Public Resources Code is amended to read:

48100.
 (a) The Legislature hereby finds and declares that illegal disposal of solid waste on property owned by innocent parties, and by the state or federal government, is a longstanding problem needing attention and that grants provided under this chapter will support the cleanup of farm, ranch, and state and federal property.
(b) The department shall establish a farm, ranch, and public lands solid waste cleanup and abatement grant program for the purposes of cleaning up and abating the effects of illegally disposed solid waste pursuant to this chapter.

(c)(1)The Farm and Ranch Solid Waste Cleanup and Abatement Account is hereby created in the General Fund and may be expended by the department, upon appropriation by the Legislature in the annual Budget Act, for the purposes of this chapter, except as provided in Section 48100.5.

(2)The following funds shall be deposited into the account:

(A) Moneys appropriated by the Legislature from the Integrated Waste Management Fund or the California Used Oil Recycling Fund to the department for the grant program, or from the California Tire Recycling Management Fund to the department for the purposes set forth in paragraph (10) of subdivision (b) of Section 42889.

(B)Notwithstanding Section 16475 of the Government Code, any interest earned on moneys in the account.

(3)Except as provided in Section 48100.5, the department may expend the moneys in the account for both of the following purposes:

(A)To pay the costs of implementing this chapter, which costs shall not exceed 7 percent of the funds available for the grant program.

(B)To make payments for grants authorized by this chapter.

(4)Upon authorization by the Legislature in the annual Budget Act, the sum of all funds transferred into the account from other funds or accounts shall not exceed one million dollars ($1,000,000) annually.

(5)Except as provided in paragraph (2) of subdivision (c) of Section 48653 or in Section 48100.5, and notwithstanding any other law, the grant program shall be funded from the following funds:

(A)The Integrated Waste Management Fund.

(B)The California Tire Recycling Management Fund, for the purposes set forth in paragraph (10) of subdivision (b) of Section 42889.

(C)The California Used Oil Recycling Fund.

(d)

(c) For purposes of this chapter, the following definitions shall apply:
(1) “Native American tribe” has the same meaning as tribe, as defined in subdivision (b) of Section 44201.
(2) “Public entity” means a city, county, or resource conservation district.

SEC. 3.

 Section 48100.3 is added to the Public Resources Code, to read:

48100.3.
 (a) The Farm and Ranch Solid Waste Cleanup and Abatement Account is hereby created in the General Fund and may be expended by the department, upon appropriation by the Legislature in the annual Budget Act, for both of the following purposes:
(1) To pay the costs of implementing this chapter related to the cleanup and abatement of solid waste illegally disposed of on farm and ranch properties, which costs shall not exceed 7 percent of the funds available pursuant to paragraph (2).
(2) To make payments for grants authorized by this chapter for the cleanup and abatement of solid waste illegally disposed of on farm and ranch properties.
(b) The following funds shall be deposited into the account:
(1) Moneys appropriated by the Legislature from the Integrated Waste Management Fund or the California Used Oil Recycling Fund to the department for the grant program, or from the California Tire Recycling Management Fund to the department for the purposes set forth in paragraph (10) of subdivision (b) of Section 42889.
(2) Notwithstanding Section 16475 of the Government Code, any interest earned on moneys in the account.
(c) Upon authorization by the Legislature in the annual Budget Act, the sum of all funds transferred into the account from other funds or accounts shall not exceed one million dollars ($1,000,000) annually.
(d) Except as provided in paragraph (2) of subdivision (c) of Section 48653 or in Section 48100.5, and notwithstanding any other law, the grant program shall be funded from the following funds:
(1) The Integrated Waste Management Fund.
(2) The California Tire Recycling Management Fund, for the purposes set forth in paragraph (10) of subdivision (b) of Section 42889.
(3) The California Used Oil Recycling Fund.

SEC. 3.SEC. 4.

 Section 48100.5 is added to the Public Resources Code, to read:

48100.5.
 (a) The Public Lands Solid Waste Cleanup and Abatement Account is hereby created in the General Fund. Moneys in the account may be expended by the department, upon appropriation by the Legislature in the annual Budget Act, for both of the following purposes:
(1) To pay the costs of implementing this chapter related to the cleanup and abatement of solid waste illegally disposed of on public lands owned by the state or federal government, which costs shall not exceed 7 percent of the funds available pursuant to paragraph (2).
(2) To make payments for grants authorized by this chapter for the cleanup and abatement of solid waste illegally disposed of on public lands owned by the state or federal government.
(b) The following funds shall be deposited into the account:
(1) Moneys appropriated by the Legislature to the department for the purposes described in subdivision (a).
(2) Notwithstanding Section 16475 of the Government Code, any interest earned on moneys in the account.
(c) For purposes of this section, “public lands owned by the state or federal government” does not include farm or ranch property owned by the state or federal government.

SEC. 4.SEC. 5.

 Section 48101 of the Public Resources Code is amended to read:

48101.
 (a) The grant program shall be established to make grants available to public entities and Native American tribes for the purposes described in subdivision (b) of Section 48100 in an amount not to exceed the sum of two hundred thousand dollars ($200,000) per year for any single public entity or Native American tribe, and not to exceed fifty thousand dollars ($50,000) for any single cleanup or abatement project. A Native American tribe or public entity may not expend more than 7 percent of the grant for administrative costs.
(b) The department shall give priority to the provision of grants to public entities and Native American tribes that have established innovative and cost-effective programs designed to discourage the illegal disposal of solid waste and to encourage the proper disposal of solid waste in permitted solid waste disposal facilities.
(c) A grant agreement between the department and a public entity or Native American tribe may provide for, but is not limited to, all of the following provisions:
(1) Site-specific cleanup and removal of solid waste that is illegally disposed on farm or ranch or state or federal lands.
(2) Comprehensive, ongoing enforcement programs for the cleanup and removal of solid waste that is illegally disposed of on farm or ranch property, or state or federal lands.
(3) Waiver of tipping fees or other solid waste fees at permitted solid waste facilities for solid waste that was illegally disposed of on farm or ranch property or state or federal lands.
(d) On and after the adoption of grant program regulations by the department, any fines levied on, or abatement orders issued against, a farm or ranch owner by the local enforcement agency or other local agency as the result of solid waste disposed of on the owner’s farm or ranch property, regarding which the owner has made application to a public entity or Native American tribe for a grant under this chapter, shall be stayed, upon the owner’s written request to the local enforcement agency or other local agency, if (1) the local agency makes a decision that the property owner was not responsible for the dumping or (2) the property owner has filed a written appeal of the local agency’s decision to the department and the department’s decision on the matter is pending.

SEC. 5.SEC. 6.

 Section 48103 of the Public Resources Code is amended to read:

48103.
 (a) The department shall adopt regulations to implement this chapter.
(b) The regulations adopted pursuant to this section shall include criteria for grant eligibility and shall establish a process that is open and accessible to the public under which grant applications may be reviewed, ranked, and awarded. The regulations shall also develop a process for a farm or ranch property owner to appeal a public entity’s or Native American tribe’s determination of responsibility pursuant to Section 48102.
(c) The regulations adopted under this section shall require the applicant public entity or Native American tribe to certify to both of the following:
(1) That the public entity or Native American tribe is the only applicant for funding under the program for any particular farm or ranch property or state or federal land.
(2) If applicable, that the owner of the farm or ranch property is not responsible for the illegal disposal of the solid waste.
(3) That the public entity or Native American tribe has in place a program that is sufficient to prevent future incidents of illegal solid waste disposal.
(d) If a public entity or Native American tribe denies a grant application, it shall notify the farm or ranch property owner in writing as to why the application was denied.
(e) Nothing in this section is intended to prevent a farm or ranch property owner from receiving reimbursement for solid waste cleanup or abatement costs under the grant program or pursuant to any other law.

SEC. 6.SEC. 7.

 Section 48104 of the Public Resources Code is amended to read:

48104.
 Each year, as part of the annual report required to be submitted pursuant to Section 40507, the department shall report to the Governor and the Legislature on all of the following:
(a) Actions the department has taken under the grant program.
(b) The costs and effectiveness in cleaning up and abating solid waste illegally disposed of on farm and ranch property or on state or federal lands.
(c) The number of sites cleaned up and abated in each county.
(d) The number of participant cities, counties, districts, and Native American tribes, and the sites cleaned up and abated through those cities, counties, districts, and Native American tribes.
(e) The types of solid waste cleaned up and abated.
(f) The number of sites not approved for the grant program, and the reasons for that disapproval.
(g) The types of property on which solid waste has been cleaned up and abated.

SEC. 7.SEC. 8.

 Section 48106 of the Public Resources Code is amended to read:

48106.
 Nothing in this chapter is intended to relieve any party who is responsible for the generation or illegal deposition of the solid waste from liability for removal costs if the party can be identified. Farm or ranch property owners whose property is the subject of solid waste cleanup or abatement under this chapter and who are not responsible for the generation or deposition of the solid waste shall not be subject to any cost recovery action for cleanup or abatement costs borne by public entities or Native American tribes or the department under this chapter.