Bill Text: CA SB122 | 2023-2024 | Regular Session | Chaptered

California Senate Bill 122

Bill Title: Public resources trailer bill.

Spectrum: Committee Bill

Status: (Passed) 2023-07-10 - Chaptered by Secretary of State. Chapter 51, Statutes of 2023. [SB122 Detail]

Download: California-2023-SB122-Chaptered.html

Senate Bill No. 122

CHAPTER 51

An act to amend Section 1021.8 of the Code of Civil Procedure, to amend Section 1610 of, and to add Chapter 11.5 (commencing with Section 1927) to Division 2 of, the Fish and Game Code, to amend Sections 4101.4 and 4104 of, and to add and repeal Sections 4104.5, 4105.5, and 4109 of, the Food and Agricultural Code, to repeal Section 12087.3 of the Government Code, to amend Sections 25502, 38562.2, 116773.2, 116773.4, 116773.6, and 116773.8 of the Health and Safety Code, to amend Sections 716, 3258, 5080.18, 42034.2, and 71154 of, and to add Article 4 (commencing with Section 5081) to Chapter 1.2 of Division 5 of, the Public Resources Code, to repeal Section 17131.19 of the Revenue and Taxation Code, to amend Sections 1831, 1846, 6300, 6302, 6304, 6305, 13198, 13198.2, 13260, and 13523 of, to add Sections 1242.1, 1242.2, 1242.3, 6433, and 13198.3 to, to add Part 4 (commencing with Section 6700) to Division 3 of, and to repeal Section 13198.8 of, the Water Code, to amend the Budget Act of 2021 (Chapter 69 of the Statutes of 2021) by amending Item 3940-162-8506 of Section 2.00 of that act, to amend Section 106 of Chapter 73 of the Statutes of 2021, and to repeal Section 95 of Chapter 50 of the Statutes of 2022, relating to public resources, and making an appropriation therefor, to take effect immediately, bill related to the budget.

[ Approved by Governor July 10, 2023. Filed with Secretary of State July 10, 2023. ]

LEGISLATIVE COUNSEL'S DIGEST

SB 122, Committee on Budget and Fiscal Review. Public resources trailer bill.

(1) Existing law requires the State Energy Resources Conservation and Development Commission (Energy Commission), on or before June 1, 2022, to evaluate and quantify the maximum feasible capacity of offshore wind to achieve reliability, ratepayer, employment, and decarbonization benefits and to establish megawatt offshore wind planning goals for 2030 and 2045. Existing law also requires the Energy Commission, among other things, to develop and produce a permitting roadmap that describes timeframes and milestones for a coordinated, comprehensive, and efficient permitting process for offshore wind energy facilities and associated electricity and transmission infrastructure off the coast of California. Existing law repeals these provisions on January 1, 2027.

This bill would express the intent of the Legislature that the administration conduct an assessment of offshore wind energy permitting and related resource needs across applicable state entities, including, but not limited to, the Energy Commission, the State Lands Commission, the California Coastal Commission, and the State Coastal Conservancy, as specified. The bill would also state that the outcomes of the assessment may be considered as part of a future budget.

(2) Under existing law, the Department of Fish and Wildlife has jurisdiction over the conservation, protection, and management of fish, wildlife, native plants, and habitat necessary for biologically sustainable populations of those species. Existing law, the California Endangered Species Act, requires the Fish and Game Commission to establish a list of endangered species and a list of threatened species and to add or remove species from either list if it finds, upon the receipt of sufficient scientific information, as specified, that the action is warranted. The act prohibits the taking of an endangered or threatened species, except in certain situations. Under the act, the department may authorize, by permit, the take of endangered species, threatened species, and candidate species if certain conditions are met. A violation of the provisions of the Fish and Game Code is a crime.

This bill, the Western Joshua Tree Conservation Act, would prohibit any person or public agency from importing into the state, exporting out of the state, or taking, possessing, purchasing, or selling within the state, a western Joshua tree or any part or product of the tree, except as provided. Because a violation of these provisions would be a crime, this bill would impose a state-mandated local program.

This bill, among other things, would authorize the department to authorize, by permit, the taking of a western Joshua tree if specified conditions are met, including, but not limited to, that the permittee mitigates all impacts to, and taking of, the western Joshua tree through measures that are roughly proportional in extent to the authorized taking of the western Joshua tree. The bill would authorize, in lieu of completing the mitigation measures on its own, a permittee to elect to satisfy the mitigation obligation by paying fees pursuant to a specified fee schedule, as provided.

This bill would require any moneys collected be deposited into the Western Joshua Tree Conservation Fund, as provided, and would require the moneys in the fund to be continuously appropriated to the department solely for the purposes of acquiring, conserving, and managing western Joshua tree conservation lands and completing other activities to conserve the western Joshua tree, as provided. Because the bill would make the fund continuously appropriated, it would create an appropriation. The bill would authorize the department to enter into an agreement with any county or city to delegate to the county or city the ability to authorize the taking of a western Joshua tree associated with developing single-family residences, multifamily residences, as defined, accessory structures, and public works projects, as defined, concurrent with its approval of the project if certain conditions are met.

This bill would require the department to develop and implement a western Joshua tree conservation plan in collaboration with governmental agencies, California Native American tribes, and the public. The bill would require the department to present the complete draft conservation plan at a public meeting of the commission, for its review and approval, as provided.

(3) Existing law authorizes the California Science Center to enter into a personal services contract or contracts with the California Science Center Foundation without a competitive bidding process.

This bill would authorize the Director of Finance, notwithstanding any other law and for any fiscal year, to allocate moneys to the California Science Center to mitigate the impact of future state minimum wage increases on these contracts. The bill would require the allocation to occur no sooner than 30 days, or no sooner than a lesser time as determined by the Chairperson of the Joint Legislative Budget Committee or their designee, after a written notification, as provided, is provided to specified chairpersons.

(4) Existing law establishes within the Natural Resources Agency the Sixth District Agricultural Association, known as Exposition Park. Existing law establishes, as part of Exposition Park, the California African American Museum (museum), governed by a board of directors, as provided. Existing law provides that the board of directors of the museum shall have sole authority to determine how funds that have been appropriated to it are to be expended and to contract with certain entities that the board determines to be appropriate and qualified to assist in the operation of the museum.

This bill would instead provide that the board of directors of the museum shall have authority, but not sole authority, to determine how funds that have been appropriated to it are to be expended and to contract with those entities to assist in the operations of the museum.

The bill would authorize the board of directors of the museum to enter into concession contracts to license or sell, or both, branded merchandise, and to enter into merchandise agreements, as provided. The bill would authorize the executive director of the museum, with approval of the Secretary of the Natural Resources Agency, to work to establish a nongovernmental trust, known was the California African American Museum Foundation, as provided. The bill would require the Department of Finance, on or before January 10, 2024, and annually thereafter, to submit a report relating to the foundation to specified legislative committees and the Legislative Analyst’s Office, as provided. The bill would make these provisions inoperative on July 1, 2030 and would repeal them on January 1, 2031.

Existing law establishes in Exposition Park the position of Exposition Park Manager for purposes of managing, scheduling, and administering all park-related events, as provided.

This bill would authorize the office of the Exposition Park Manager (office) to enter into concession contracts to license or sell, or both, branded merchandise, and to enter into merchandise agreements, as provided. The bill would require the office, with the approval of the Secretary of the Natural Resources Agency, to work to establish a nongovernmental trust, known as the Exposition Park Foundation, as provided. The bill would require the Department of Finance, on or before January 10, 2024, and annually thereafter, to submit a report relating to the foundation to specified legislative committees and the Legislative Analyst’s Office, as provided. The bill would make these provisions inoperative on July 1, 2030, and would repeal them on January 1, 2031.

(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 would 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.

Vote: MAJORITY Appropriation: YES Fiscal Committee: YES Local Program: YES

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

SECTION 1.

It is the intent of the Legislature that the administration conduct an assessment of offshore wind energy permitting and related resource needs across applicable state entities, including, but not limited to, the State Energy Resources Conservation and Development Commission, the State Lands Commission, the California Coastal Commission, and the State Coastal Conservancy. The assessment may include, but is not limited to, reviewing existing offshore wind energy-related positions and funding available at the applicable state entities, and potential additional needs and timeline of needs to support future offshore wind energy projects. The outcomes of the assessment may be considered as part of a future budget.

SEC. 2.

With respect to Section 20, which amends Section 5080.18 of the Public Resources Code, the Legislature finds and declares both of the following:

(a) Substantial and additional concession facilities and improvements to existing concession facilities at Old Town San Diego State Historic Park are needed to continue operation of the concession and accommodate existing or projected increased public usage.

(b) A concession contract for facilities at Old Town San Diego State Historic Park will require the concessionaire to construct, develop, maintain, and operate restaurant, commercial, and multiple-unit lodging facilities equipped with full amenities, including plumbing and electrical, as well as provide for other visitor services.

SEC. 3.

Section 1021.8 of the Code of Civil Procedure is amended to read:

1021.8.

(a) Whenever the Attorney General prevails in a civil action to enforce Section 17537.3, 22445, 22446.5, 22958, 22962, or 22963 of the Business and Professions Code, Section 52, 52.1, 55.1, or 3494 of the Civil Code, the Corporate Securities Law of 1968 (Division 1 (commencing with Section 25000) of Title 4 of the Corporations Code) or the California Commodity Law of 1990 (Division 4.5 (commencing with Section 29500) of Title 4 of the Corporations Code), Section 1615, 2014, or 5650.1 of the Fish and Game Code, Section 4458, 12598, 12606, 12607, 12989.3, 16147, 66640, 66641, or 66641.7 of the Government Code, Section 13009, 13009.1, 19958.5, 25299, 39674, 41513, 42402, 42402.1, 42402.2, 42402.3, 42402.4, 43016, 43017, 43154, 104557, or 118950 of the Health and Safety Code, Section 308.1 or 308.3 of the Penal Code, Section 2774.1, 4601.1, 4603, 4605, 30820, 30821.6, 30822, 42847, or 48023 of the Public Resources Code, Section 30101.7 of the Revenue and Taxation Code, or Section 275, 1052, 1845, 13261, 13262, 13264, 13265, 13268, 13304, 13331, 13350, or 13385, or Part 1 (commencing with Section 6000) of Division 3, of the Water Code, the court shall award to the Attorney General all costs of investigating and prosecuting the action, including expert fees, reasonable attorney’s fees, and costs. Awards under this section shall be paid to the Public Rights Law Enforcement Special Fund established by Section 12530 of the Government Code.

(b) This section applies to any action pending on the effective date of this section and to any action filed thereafter.

(c) The amendments made to this section by Chapter 227 of the Statutes of 2004 shall apply to any action pending on the effective date of these amendments and to any action filed thereafter.

SEC. 4.

Section 1610 of the Fish and Game Code is amended to read:

1610.

(a) Except as provided in subdivision (b), this chapter does not apply to any of the following:

(1) Immediate emergency work necessary to protect life or property.

(2) Immediate emergency repairs to public service facilities necessary to maintain service as a result of a disaster in an area in which a state of emergency has been proclaimed by the Governor pursuant to Chapter 7 (commencing with Section 8550) of Division 1 of Title 2 of the Government Code.

(3) Emergency projects undertaken, carried out, or approved by a state or local governmental agency to maintain, repair, or restore an existing highway, as defined in Section 360 of the Vehicle Code, within the existing right-of-way of the highway, that has been damaged as a result of fire, flood, storm, earthquake, land subsidence, gradual earth movement, or landslide, within one year of the damage. Work needed in the vicinity above and below a highway may be conducted outside of the existing right-of-way if it is needed to stop ongoing or recurring mudslides, landslides, or erosion that pose an immediate threat to the highway, or to restore those roadways damaged by mudslides, landslides, or erosion to their predamage condition and functionality. This paragraph does not exempt from this chapter any project undertaken, carried out, or approved by a state or local governmental agency to expand or widen a highway damaged by fire, flood, storm, earthquake, land subsidence, gradual earth movement, or landslide. The exception provided in this paragraph does not apply to a highway designated as an official state scenic highway pursuant to Section 262 of the Streets and Highways Code.

(b) The entity performing the emergency work described in subdivision (a) shall notify the department of the work, in writing, within 14 days of beginning the work. Any work described in the emergency notification that does not meet the criteria for the emergency work described in subdivision (a) is a violation of this chapter if the entity did not first notify the department in accordance with Section 1602 or 1611.

SEC. 5.

Chapter 11.5 (commencing with Section 1927) is added to Division 2 of the Fish and Game Code, to read:

CHAPTER 11.5. Western Joshua Tree Conservation Act

1927.

This chapter shall be known, and may be cited as, the Western Joshua Tree Conservation Act.

1927.1.

For purposes of this chapter, the following definitions apply:

(a) “Accessory structure” means a subordinate structure, the use of which is incidental to an existing or contemporaneously constructed single-family residence, including, an accessory dwelling unit, addition to an existing single-family residence, garage, carport, swimming pool, patio, greenhouse, storage shed, gazebo, septic tank, sewer connection, solar panels, fence, or gravel or paved driveway.

(b) “California Endangered Species Act” means the act established pursuant to Chapter 1.5 (commencing with Section 2050) of Division 3.

(c) “Conserve” or “conservation” means to use, and the use of, methods and procedures that are necessary to bring species listed pursuant to Chapter 1.5 (commencing with Section 2050) of Division 3 to the point at which the measures provided pursuant to Chapter 1.5 (commencing with Section 2050) of Division 3 are no longer necessary, and for species that are not listed to maintain or enhance the condition of the species so that listing will not become necessary.

(d) “Dead western Joshua tree” means a western Joshua tree that meets at least one of the following criteria:

(1) Has not burned and has no green leaves, no new growth on the main stem, and no basal sprouts.

(2) Has partially or fully burned at least 18 months prior and otherwise satisfies paragraph (1).

(3) Has fallen and is completely detached from its roots or has fallen and its roots are no longer in contact with the soil.

(e) “Desert native plant specialist” means an arborist certified by the International Society of Arborists, or an individual with at least five years of professional experience with relocation or restoration of native California desert vegetation.

(f) “Fee” means the elective fee described in subdivisions (d) and (e) of Section 1927.3, which is to be deposited into the fund.

(g) “Fund” means the Western Joshua Tree Conservation Fund as described in Section 1927.5.

(h) “Multifamily residence” means an apartment building, rowhouse, town house, condominium, or manufactured building that consists of two or more attached dwelling units designed for occupancy by two or more families living independently of one another.

(i) “Public works project” means a project involving the erection, construction, alteration, repair, or improvement of any public structure, building, road, or other public improvement of any kind.

(j) “Relocated” or “relocation” means the removal of a living western Joshua tree and a sufficient portion of its root mass from the ground and transplanting it.

(k) “Single-family residence” means a single detached building that has been, or will be, constructed and used as living facilities, including provisions for sleeping, eating, cooking, and sanitation, as required by the California Building Standards Code, for not more than one household.

(l) “Western Joshua tree” means Yucca brevifolia, an evergreen, tree-like plant that has been treated as a member of the asparagus family (Asparagaceae).

1927.2.

(a) No person or public agency shall import into this state, export out of this state, or take, possess, purchase, or sell within this state, a western Joshua tree or any part or product of the tree, except as authorized pursuant to any of the following, as applicable:

(1) This chapter.

(2) The California Endangered Species Act.

(3) The Natural Community Conservation Planning Act (Chapter 10 (commencing with Section 2800) of Division 3).

(b) During any period in which the western Joshua tree has been designated by the commission as a candidate for listing under the California Endangered Species Act, any person or public agency seeking a take authorization for the western Joshua tree may obtain a take authorization as provided by the California Endangered Species Act or by electing to pay the fees set forth in Section 1927.3.

(c) (1) This chapter is a change in state law, within the meaning of paragraph (1) of subdivision (c) of Section 2075.5, that has a direct and significant impact on the commission’s determination as to whether the petitioned action is warranted. Pursuant to subdivision (c) of Section 2075.5, the commission shall reopen the administrative record for the commission’s determination for the purpose of assessing the impact of the conservation program established by this chapter.

(2) In making the assessment described in paragraph (1), the commission shall consider all of the following:

(A) The effectiveness of any conservation measures funded through expenditures of fees by the department pursuant to Section 1927.5.

(B) The conservation plan developed by the department and approved by the commission pursuant to Section 1927.6.

(D) Any recommendations submitted to the commission by the department pursuant to subdivision (a) of Section 1927.8.

(E) The fee adjustments, if any, adopted by the department pursuant to subdivision (b) of Section 1927.8.

(F) An updated status review to be submitted to the commission by the department no later than January 1, 2033, unless the commission directs the department to submit the updated status review sooner.

(d) If the commission determines that listing the western Joshua tree as endangered or threatened pursuant to the California Endangered Species Act is not warranted, this chapter shall remain operative and the authorization of take of a western Joshua tree shall be pursuant to this chapter.

(e) If the commission determines that listing the western Joshua tree as endangered or threatened pursuant to the California Endangered Species Act is warranted, this chapter shall become inoperative and the authorization of take of a western Joshua tree shall only be pursuant to Chapter 1.5 (commencing with Section 2050) of Division 3 or pursuant to the Natural Community Conservation Planning Act (Chapter 10 (commencing with Section 2800) of Division 3).

(f) Upon the approval of a natural community conservation plan that provides for the conservation of the western Joshua tree as a covered species, the authorization of take of a western Joshua tree for any project or activity covered by the plan shall only be pursuant to Chapter 10 (commencing with Section 2800) of Division 3.

(g) The provisions of the Native Plant Protection Act (Chapter 10 (commencing with Section 1900)), and the California Desert Native Plants Act (Division 23 (commencing with Section 80001) of the Food and Agricultural Code), shall not apply to the western Joshua tree.

(h) This section shall not preclude the department from authorizing, by permit or memorandum of understanding, the taking, possession, purchase, or sale within the state of a western Joshua tree to aid the conservation and recovery of the western Joshua tree, or entering into memoranda of understanding with California Native American tribes to provide for the taking and possession of western Joshua trees for tribal cultural purposes, or as otherwise required by applicable law.

(i) Any authorization issued by the department pursuant to Section 2081 or 2084, before the enactment of this chapter, to import, export, take, possess, purchase, or sell a western Joshua tree shall be valid and remain in effect after the enactment of this chapter pursuant to the terms of the authorization.

1927.3.

(a) The department may authorize, by permit, the taking of a western Joshua tree if all of the following conditions are met:

(1) The permittee submits to the department for its approval a census of all western Joshua trees on the project site, including size information and photographs, that categorize the western Joshua trees according to the following size classes:

(A) Less than one meter in height.

(B) One meter or greater but less than five meters in height.

(2) The permittee avoids and minimizes impacts to, and the taking of, the western Joshua tree to the maximum extent practicable. Minimization may include trimming, encroachment on root systems, relocation, or other actions that result in detrimental but nonlethal impacts to a western Joshua tree.

(3) The permittee mitigates all impacts to, and taking of, the western Joshua tree. The measures required to meet this obligation shall be roughly proportional in extent to the impact of the authorized taking of the species. When various measures are available to meet this obligation, the measures required shall maintain the permittee’s objectives to the greatest extent possible. All required measures shall be capable of successful implementation. The permittee shall ensure adequate funding to implement the mitigation measures. In lieu of completing the mitigation obligation on its own, the permittee may elect to satisfy this mitigation obligation by paying fees, pursuant to the fee schedule in subdivision (d) or (e), for deposit into the fund.

(4) (A) The department may include permit conditions that require the permittee to relocate one or more of the western Joshua trees. If relocation is required, the permittee shall implement measures to assist the survival of relocated trees, and to comply with any other reasonable measures required by the department to facilitate the successful relocation and survival of the western Joshua trees. These relocation measures shall include, but are not limited to, all of the following:

(i) A requirement that the relocated western Joshua tree is placed in a location and with proper orientation to improve its survival.

(ii) A requirement that western Joshua trees are relocated at a time that maximizes their survival when feasible.

(iii) A requirement that a desert native plant specialist be onsite to oversee relocation.

(B) The department may limit relocation to certain size classes of trees.

(C) By July 1, 2024, the department shall adopt guidelines and relocation protocols, based on the best available science, to relocate western Joshua trees successfully. The department shall consult with desert native plant specialists as part of the development of these guidelines and relocation protocols. Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code shall not apply to the development, adoption, or amendment of guidelines and relocation protocols pursuant to this subparagraph.

(b) For purposes of this section, each western Joshua tree stem or trunk arising from the ground shall be considered an individual tree requiring mitigation, regardless of its proximity to any other western Joshua tree stem or trunk.

(c) The department may enter into an agreement with any county or city to delegate to the county or city the ability to authorize the taking of a western Joshua tree associated with developing single-family residences, multifamily residences, accessory structures, and public works projects concurrent with its approval of the project, if all of the following conditions are met:

(1) The county or city adopts an ordinance that requires as a condition of any approval or permit issued under the authority of an agreement entered into pursuant to this subdivision satisfaction of the requirements of this chapter.

(2) Except as provided otherwise in this subdivision, the county or city ensures that the permittee satisfies all of the requirements of subdivision (a) of this section.

(3) The project will take no more than 10 individual western Joshua trees on the project site where the project proponent proposes to construct a single-family residence, multifamily residence, or accessory structure, or no more than 40 individual western Joshua trees on the project site on which a public agency proposes to undertake a public works project. Before authorizing the take of more than 20, but no more than 40, individual western Joshua trees for a public works project, the county or city shall obtain the department’s written concurrence that the project has avoided and minimized the take of western Joshua trees to the maximum extent practicable.

(4) The county or city shall collect any fees for permits issued and remit them quarterly to the fund as directed by the department.

(5) The county or city entering into an agreement pursuant to this subdivision may impose a reasonable fee to cover the administrative costs of issuing the permit.

(6) (A) The department retains express authority to suspend or revoke the county or city’s take authorization in the event the department determines the county or city has violated the terms of the agreement, or this chapter, the county or city fails to implement or enforce the terms of the agreement or this chapter, or the department determines that the local population of western Joshua trees within, or in the vicinity of, that county or city needs further protection. The county or city shall conduct an annual assessment of the status of the local population within the county or city and submit the assessment to the department. The department shall determine if the population needs further protection to provide for the conservation of the species.

(B) The department shall adopt standardized survey and assessment methods for the annual assessment required pursuant to subparagraph (A), including requiring that a desert native plant specialist conduct the assessment. Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code shall not apply to the development, adoption, or amendment of standardized survey and assessment methods pursuant to this subparagraph.

(7) The county or city shall be required to submit to the department quarterly reports documenting the number of permits issued, photographs and other evidence demonstrating that take and other impacts were avoided and minimized to the maximum extent practicable, the number and size class of western Joshua trees authorized to be taken, the number of western Joshua trees encroached upon, the number of western Joshua trees lethally removed, the number and location of western Joshua trees relocated, the amount of fees collected, and other information required by the department in the agreement.

(d) Any person or public agency receiving a take authorization pursuant to this chapter for a project that meets the criteria set forth in paragraph (1) may elect, in lieu of satisfying the mitigation obligation provided for in paragraph (3) of subdivision (a), to pay fees in the amounts provided in paragraph (2) for deposit into the fund.

(1) (A) Any project in the area bounded by the intersection of Highway 99 and Highway 58, then east along Highway 58 to the intersection of Interstate 15, then north along Interstate 15 to the intersection of Highway 247, then south along Highway 247 to the intersection of Highway 18, then west along Highway 18 to the intersection of Highway 138, then west and north along Highway 138 to the intersection of Interstate 5, then north along Interstate 5 to the intersection of Highway 99, then north along Highway 99 to Highway 58.

(B) Any project receiving a permit issued by a county or city pursuant to an agreement with the department pursuant to subdivision (c), regardless of location.

(2) (A) One thousand dollars ($1,000) for each western Joshua tree five meters or greater in height.

(B) Two hundred dollars ($200) for each western Joshua tree one meter or greater but less than five meters in height.

(e) Any person or public agency receiving a take authorization pursuant to this chapter for a project that meets the criteria set forth in paragraph (1) may elect, in lieu of satisfying the mitigation obligation provided for in paragraph (3) of subdivision (a), to pay fees in the amounts provided in paragraph (2) for deposit into the fund.

(1) (A) Notwithstanding paragraph (1) of subdivision (d), any project within two miles of Joshua Tree National Park, or any unit of the state park system.

(B) Any project that does not meet the criteria set forth in paragraph (1) of subdivision (d).

(2) (A) Two thousand five hundred dollars ($2,500) for each western Joshua tree five meters or greater in height.

(B) Five hundred dollars ($500) for each western Joshua tree one meter or greater but less than five meters in height.

(f) Upon request, the department may authorize a reduction in the amount of the fees prescribed by subdivisions (d) and (e) for any western Joshua tree conserved by a project proponent through the acquisition of compensatory habitat mitigation land otherwise required by law for the project.

(g) (1) The permittee shall bear responsibility for implementing measures to assist the survival of western Joshua trees relocated pursuant to paragraph (4) of subdivision (a).

(2) Unless specifically required by written agreement, a landowner that agrees in writing to allow western Joshua trees to be relocated onto land it owns shall not be liable for the continued survival of the western Joshua trees, shall not be required to manage or maintain the translocated western Joshua trees, and shall not be required to change existing land use practices, provided that the land use practices do not result in the taking, possession, sale, or further translocation of the western Joshua trees.

1927.4.

(a) The department may issue a permit to authorize either the removal or trimming of dead western Joshua trees or the trimming of live western Joshua trees.

(1) Upon receipt of a permit and payment of any applicable administrative fees, a property owner or its agent may remove a detached dead western Joshua tree or the detached limb of a western Joshua tree. All other removals and all trimming of western Joshua trees authorized by permits issued pursuant to this subdivision shall be completed by a desert native plant specialist.

(2) The department may issue permits pursuant to this section, without payment of fees or other mitigation, provided that the dead western Joshua trees or any limbs to be removed meet one of the following:

(A) Have fallen over and are within 30 feet of a structure.

(B) Are leaning against an existing structure.

(3) A property owner seeking a permit pursuant to this subdivision shall submit a permit request to the department on a form to be provided by the department that requires the following information:

(A) The name, telephone number, mailing address, and email address of the property owner seeking the permit.

(B) The street address of the property on which the western Joshua trees to be removed or trimmed are located. If no street address is available, the property owner shall include the assessor’s parcel number.

(C) Photographs of the western Joshua trees that visually depict the dead trees or the trees to be trimmed and that demonstrate that the western Joshua tree meets one or more of the requirements of paragraph (2).

(D) A signed attestation from the property owner or signed certification by a desert native plant specialist that the tree meets the definition of a dead western Joshua tree.

(4) (A) Within 30 days of receipt of a request for a permit pursuant to subparagraph (A) or (B) of paragraph (2), the department shall either issue a permit allowing for the removal or trimming, or deny the request if the request does not demonstrate a permit can be issued pursuant to this section.

(B) Within 10 days of receipt of a request for a permit pursuant to subparagraph (C) of paragraph (2), the department shall either issue a permit allowing for the removal or trimming, or deny the request if the request does not demonstrate a permit can be issued pursuant to this section.

(C) If the department issues a permit, it shall provide the property owner 60 days in which to complete the removal or trimming. The department may extend this 60-day period in writing at its discretion.

(D) If the department denies the permit request, the property owner may resubmit the request with additional information and photographs. Resubmissions pursuant to this subdivision shall be processed as new permit requests.

(5) Within 30 days of completing the removal or trimming of one or more western Joshua trees in accordance with a permit issued pursuant to this section, the property owner shall submit, by mail or email, photographs of the site at which the western Joshua trees were removed or trimmed pursuant to the permit.

(b) The department may enter into an agreement with any county or city to delegate to the county or city the ability to authorize the removal or trimming of dead western Joshua trees or the trimming of live western Joshua trees, provided that the county or city ensures that all permits issued satisfy the requirements of subdivision (a). The county or city shall be required to submit to the department quarterly reports documenting the number of permits issued, the number and size class of western Joshua trees authorized to be removed or trimmed, and any other information specified in the agreement with the department. A county or city entering into an agreement pursuant to this subdivision may impose a reasonable fee to cover the administrative costs of issuing the permit.

(c) (1) The department retains express authority to suspend or revoke an agreement with any county or city to delegate to the county or city the ability to authorize the removal or trimming of dead western Joshua trees or the trimming of live western Joshua trees in the event the department determines the county or city has violated the terms of the agreement or this chapter, the county or city fails to implement or enforce the terms of the agreement or this chapter, or the local population of western Joshua trees within, or in the vicinity of, that county or city needs further protection. A county or city that has entered into an agreement with the department shall conduct an annual assessment of the status of the local population of western Joshua trees within the county or city and submit the assessment to the department. The department shall determine if the population needs further protection to provide for the conservation of the species.

(2) The department shall adopt standardized survey and assessment methods for the annual assessment required pursuant to paragraph (1), including requiring that a desert native plant specialist conduct the assessment. Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code shall not apply to the development, adoption, or amendment of standardized survey and assessment methods pursuant to this paragraph.

1927.5.

(a) The Western Joshua Tree Mitigation Fund, created by the commission pursuant to Section 749.10 of Title 14 of the California Code of Regulations, is hereby continued in existence by this chapter, and is renamed the Western Joshua Tree Conservation Fund. Notwithstanding Section 13340 of the Government Code, any moneys in the fund are continuously appropriated to the department solely for the purposes of acquiring, conserving, and managing western Joshua tree conservation lands and completing other activities to conserve the western Joshua tree.

(b) All fees remitted to the department pursuant to this chapter shall be deposited into the fund.

1927.6.

(a) The department shall develop and implement a western Joshua tree conservation plan in collaboration with the commission, governmental agencies, California Native American tribes, and the public. The conservation plan shall incorporate a description of management actions necessary to conserve the western Joshua tree and objective, measurable criteria to assess the effectiveness of such actions. The conservation plan shall also include guidance for the avoidance and minimization of impacts to western Joshua trees and protocols for the successful relocation of western Joshua trees. The department shall present a complete draft conservation plan at a public meeting of the commission, for its review and approval, by December 31, 2024. The commission shall take final action on the conservation plan by June 30, 2025. The department and commission shall, if necessary, periodically update the conservation plan to ensure the conservation of the species.

(b) When developing the conservation plan, the department shall consult with California Native American tribes, include co-management principles in the plan, provide for the relocation of western Joshua trees to tribal lands upon a request from a tribe, and ensure traditional ecological knowledge is incorporated into the plan.

(c) The department, pursuant to Section 1927.5, shall use any fees deposited into the fund for the purpose of addressing threats to the western Joshua tree, including, but not limited to, acquiring, conserving, and managing western Joshua tree conservation lands. Acceptable expenditures from the fund may include, but are not limited to, land acquisition or conservation easement costs, monitoring costs, restoration costs, transaction costs, costs of endowments for land management or easement stewardship consistent with Chapter 4.6 (commencing with Section 65965) of Division 1 of Title 7 of the Government Code and Part 7 (commencing with Section 18501) of Division 9 of the Probate Code, and other reasonable expenditures to implement the conservation plan. The department shall prioritize actions and acquiring and managing lands that are identified as appropriate for western Joshua tree conservation in any department-approved conservation plan, including, but not limited to, the conservation plan required by subdivision (a), a regional conservation assessment, a regional conservation investment strategy, or a conceptual area protection plan.

(d) (1) The department may retain one or more consultants to assist in locating, acquiring, conserving, and managing conservation lands and completing other mitigation actions to implement subdivision (c).

(2) Chapter 1 (commencing with Section 10100) of Part 2 of Division 2 of the Public Contract Code, Chapter 2 (commencing with Section 10290) of Part 2 of Division 2 of the Public Contract Code, Chapter 10 (commencing with Section 4525) of Division 5 of Title 1 of the Government Code, Part 5.5 (commencing with Section 14600) of Division 3 of Title 2 of the Government Code, and Division 13 (commencing with Section 21000) of the Public Resources Code shall not apply to any action by the department to implement subdivision (c).

1927.7.

(a) Beginning in 2025, by January 31 of each calendar year, the department shall submit an annual report to the commission and the Legislature assessing the conservation status of the western Joshua tree, including, but not limited to, by detailing the number of permits issued, the number and size class of western Joshua trees authorized to be taken, the number of western Joshua trees lethally removed, the number and location of western Joshua trees relocated, the number and location of acres of western Joshua tree woodlands developed, the type, scope, and scale of mitigation measures undertaken by permittees, the number and location of acres of western Joshua tree woodlands conserved, the quality of the acres conserved, the amount of fees paid, the amount of all expenditures from the fund, the projects and actions funded by expenditures from the fund, the adequacy of the fees to conserve the western Joshua tree, actions taken pursuant to the conservation plan, and other relevant information. The department’s annual report shall summarize the information provided by counties and cities pursuant to agreements entered into pursuant to subdivision (c) of Section 1927.3 and subdivision (b) of Section 1927.4.

(b) The report to the Legislature pursuant to subdivision (a) shall be submitted in accordance with Section 9795 of the Government Code.

1927.8.

(a) Beginning in 2026, and at least every two years thereafter, the commission shall review the status of the western Joshua tree and the effectiveness of the conservation plan in conserving the species at a public meeting to be held prior to August 31. Concurrent with each review conducted pursuant to this section, the department shall make recommendations to the commission, as necessary, for amendments to the conservation plan to ensure the conservation of the western Joshua tree.

(b) The department shall annually adjust the fees provided for in Section 1927.3 pursuant to Section 713. By December 31, 2026, and every three years thereafter, the department shall adopt and subsequently amend regulations pursuant to Section 702 adjusting the fees as necessary to ensure the conservation of the species. The department shall utilize total cost accounting when determining the adequacy of the fees for ensuring conservation of the species, including ensuring sufficient funds for land acquisition or conservation easement costs, monitoring costs, restoration costs, transaction costs, and the amount of endowments for land management or easement stewardship costs consistent with Chapter 4.6 (commencing with Section 65965) of Division 1 of Title 7 of the Government Code and Part 7 (commencing with Section 18501) of Division 9 of the Probate Code.

1927.9.

No later than January 1, 2033, the department shall submit to the commission an update to the status review previously submitted pursuant to Section 2074.6 for the western Joshua tree that incorporates any new scientific information relevant to the status of the species and includes an evaluation of the impact of the conservation and management efforts pursuant to this chapter. The commission shall consider the updated status review in making its findings pursuant to subdivision (e) of Section 2075.5.

1927.10.

This chapter is not intended to be construed as, or to be, a general project approval. It shall be the responsibility of each project proponent receiving approval from the department under this chapter to obtain all necessary permits and approvals and to comply with all applicable federal, state, and local laws.

1927.11.

This chapter does not preclude a county or city from adopting and enforcing ordinances that require as a condition of approving a project more protective measures designed to conserve the western Joshua tree.

1927.12.

The provisions of this chapter are severable. If any provision of this chapter or its application is held invalid, that invalidity shall not affect other provisions or applications that can be given effect without the invalid provision or application.

SEC. 6.

Section 4101.4 of the Food and Agricultural Code is amended to read:

4101.4.

(a) The Legislature finds and declares that the operation of the California Science Center may require individual skills not generally available in state civil service to support specialized functions, such as exhibit maintenance, and educational and guest services programs, including animal care and horticulture.

(b) Notwithstanding any other law, the California Science Center may enter into a personal services contract or contracts with the California Science Center Foundation without a competitive bidding process. These contracts shall be subject to approval by the Natural Resources Agency and the Department of General Services and be subject to all state audit requirements.

(c) Notwithstanding any other law, for any fiscal year, the Director of Finance may allocate moneys to the California Science Center to mitigate the impact of future state minimum wage increases on contracts authorized pursuant to subdivision (b).

(d) (1) Allocations made pursuant to subdivision (c) shall occur no sooner than 30 days, or no sooner than a lesser time as determined by the Chairperson of the Joint Legislative Budget Committee or their designee, after notification is provided in writing to all of the following:

(A) The chairpersons of the committees in each house of the Legislature that consider appropriations.

(B) The chairpersons of the committees and appropriate subcommittees that consider the state budget.

(2) The notification shall include the amount of the proposed allocation and an explanation of the rationale for the proposed amount.

SEC. 7.

Section 4104 of the Food and Agricultural Code is amended to read:

4104.

(a) The Legislature hereby finds and declares that there is a need for a state repository dedicated to the diverse contributions of African Americans to the history and culture of this state and the nation.

(b) The California African American Museum is a part of Exposition Park and coexists with the California Science Center.

(c) The California African American Museum is governed by a seven-member board of directors. The Governor shall appoint the seven members, at least four of whom shall reside within the boundaries of the 6th Agricultural District. In addition, the Senator representing the Senate district in which the California African American Museum is located and the Assembly Member representing the Assembly district in which the museum is located shall be ex officio nonvoting members of the board. The two legislative ex officio nonvoting members of the board shall participate in the activities of the board to the extent that their participation is not incompatible with their respective positions as Members of the Legislature. The appointees of the Governor shall be appointed to four-year terms with the initial terms of appointment expiring as follows: one term expiring January 1, 1984, one term expiring January 1, 1985, one term expiring January 1, 1986, and one term expiring January 1, 1987. The person appointed to the Advisory Board of the California Museum of African American History and Culture by the Board of Directors of the California Science Center before the amendments made to this section by Chapter 1439 of the Statutes of 1987 shall serve on the Board of Directors of the California African American Museum until the Governor makes the fifth appointment authorized pursuant to those amendments. The fifth appointment made to the board shall serve a term expiring on January 1, 1990, the sixth appointment shall serve a term expiring on January 1, 1991, and the seventh appointment shall serve a term expiring on January 1, 1992.

(d) The Board of Directors of the California African American Museum shall have the authority, subject to existing state laws, regulations, and procedures, to determine how funds that have been appropriated and duly allocated by the Legislature and the Governor for support of the museum shall be expended. The board also shall have the authority, subject to existing state laws, regulations, and procedures, to contract with any state agency, institution, independent contractor, or private nonprofit organization that the board determines to be appropriate and qualified to assist in the operation of the museum. The board shall further have authority to establish the operations, programs, activities, and exhibitions of the California African American Museum. The Board of Directors of the California African American Museum shall be solely responsible for the actions taken and the expenditures made by the staff of the California African American Museum in the scope and course of their employment.

(e) The Board of Directors of the California African American Museum shall appoint an executive director, who shall be exempt from civil service, and any necessary staff to carry out the provisions of this section, who shall be subject to the State Civil Service Act (Part 2 (commencing with Section 18500) of Division 5 of Title 2 of the Government Code). The California African American Museum shall submit its annual budget request directly to the Natural Resources Agency. The California African American Museum may accept grants, contributions, and appropriations from federal, state, local, and private sources for its operation.

(f) The California African American Museum shall preserve, collect, and display samples of African American contributions to the arts, sciences, religion, education, literature, entertainment, politics, sports, and history of the state and the nation. The enrichment and historical perspective of that collection shall be made available for public use and enjoyment.

(g) The California African American Museum shall use stationery and other supplies of the former museum and shall phase in the name change with existing resources.

SEC. 8.

Section 4104.5 is added to the Food and Agricultural Code, to read:

4104.5.

(a) The board may enter into concession contracts to license or sell, or both, its branded merchandise, images, and other museum-related merchandise directly to the public for revenue generation. Concession contracts, other than those entered into pursuant to Section 4105.5, shall be issued through competitive requests for proposals, and shall seek the best value for the state through a mixture of rental rates or revenue shares, or both. A concession contract executed pursuant to this section shall not exceed five years in length, with one automatic right to renew at new terms, which shall be mutually agreeable to the board and the concessionaire, including any necessary adjustments in rental rates or revenue shares. The board shall require a provision that allows termination at any time with 180 days prior notice.

(b) The board may license or sell, or both, its branded merchandise, images, and other museum-related merchandise directly to the public at the board’s discretion.

(c) In addition to onsite concessions, the board may enter into merchandise agreements with individuals, public agencies, qualified nonprofit organizations, and other private entities for sale of museum-branded merchandise, images, or other museum-related merchandise to the public. The California African American Museum shall receive fair and reasonable revenues and commissions from any merchandise agreement. These merchandise agreements shall be approved by the Natural Resources Agency and the Department of General Services and shall be subject to all state audit requirements.

(d) All rents, revenues, and commissions received by the California African American Museum as a result of this section shall be paid into a designated account within the Exposition Park Improvement Fund, established pursuant to Section 4106.

(e) For purposes of this section, “board” means the Board of Directors of the California African American Museum.

(f) This section shall become inoperative on July 1, 2030, and, as of January 1, 2031, is repealed.

SEC. 9.

Section 4105.5 is added to the Food and Agricultural Code, to read:

4105.5.

(a) For purposes of this section, the following terms apply:

(1) “Board” means the Board of Directors of the California African American Museum.

(2) “Foundation” means the California African American Museum Foundation.

(3) “Museum” means the California African American Museum.

(b) The Legislature finds and declares that the operation of the museum may require individual skills not generally available in state civil service to support specialized functions, such as special exhibit development and maintenance, indemnity protection, and educational and guest services programs.

(c) Notwithstanding any other law, the executive director of the museum may, with the approval of the Secretary of the Natural Resources Agency, work to establish a nongovernmental trust, to be known as the California African American Museum Foundation.

(d) The purposes of the foundation shall be all of the following:

(1) To seek funds for the museum to expand its public programming.

(2) To jointly manage a gift store or museum store onsite, the proceeds of which will be used to fund further programming at the museum as determined by the board.

(3) To jointly manage public events that promote the mission of the museum.

(4) To encourage the development of youth-based programming, particularly internship and arts-based programming that help develop employment skills in the local and regional community, with an emphasis on disadvantaged communities in or around the museum.

(e) The foundation shall be subject to the Nonprofit Public Benefit Corporation Law (Part 2 (commencing with Section 5110) of Division 2 of Title 1 of the Corporations Code). To the extent of any conflict between this section and the Nonprofit Public Benefit Corporation Law, this section shall prevail.

(f) For purposes of developing the foundation, the executive director of the museum may use state funds, upon appropriation by the Legislature, to contract with any private or nonprofit law firm to help establish the foundation and provide it with general counsel for not more than one year from the date of its inception. The museum shall in no way be legally responsible for any action or decision made by the foundation.

(g) Notwithstanding any other law, the museum may develop and enter into no-bid personal services contracts, joint management agreements, lease agreements, and other contracts with the foundation subject to approval by the Natural Resources Agency and the Department of General Services and subject to all state audit requirements.

(h) Notwithstanding any other law, and in accordance with written procedures established by the board, the museum may enter into agreements to secure donations, memberships, and corporate and individual sponsorships, and may enter into marketing and licensing agreements for the receipt of money, or services or products in lieu of money, and may enter into an agreement with the foundation or others to develop, solicit, sell, and service these agreements. Any fees charged, or revenues shared with the foundation or other contractors, pursuant to these agreements shall be subject to approval by the Natural Resources Agency and the Department of General Services and subject to all state audit requirements. The museum shall limit the foundation to reasonable administration fees, which fees shall cover both direct, indirect, and overhead expenses of the foundation. All revenue generated and received by the foundation pursuant to this section shall be used for the benefit of the museum, except for those reasonable administration costs incurred by the foundation in managing those funds.

(i) Notwithstanding any other law, and in accordance with written procedures established by the board, the museum may authorize the foundation to represent it for the purpose of receiving donations on its behalf both onsite, and through the use of copyrighted marketing material. If the museum provides authorization for the foundation to represent it, as described in this section, the board may require the foundation to report quarterly on revenues received and expended. All revenues generated and received by the foundation shall be used for the benefit of the museum, except those reasonable administration costs incurred by the foundation in managing those funds, which administration costs shall be determined by mutual donation agreement before the acceptance of any donations or use of any marks owned by the museum. The mutual donation agreement shall be subject to approval by the Natural Resources Agency and the Department of General Services and be subject to all state audit requirements.

(j) Consistent with any mutual donation agreement authorized in subdivision (i), the board may further authorize the foundation to use the museum for special events. The foundation shall either charge a fee for the special events or accept minimum donations in lieu of fees, which moneys shall be subject to the mutual donation agreement. All fees and donations received by the foundation for special events shall be itemized and accounted for to the board at its next regularly scheduled meeting. For all foundation managed events, the foundation shall obtain necessary insurance, and comply with all appropriate public safety and janitorial services, and shall provide its own staff or contractors to develop and manage the special event. All special events shall be preapproved by the executive director of the board, in consultation with the Natural Resources Agency.

(k) The executive director of the board, on behalf of the board, shall annually report on the status of all foundation activities to the Department of Finance regarding the various agreements and revenues identified in this section. The Department of Finance may, upon reasonable notice, examine the books and records of the foundation, and all parties in contract with the museum.

(l) On or before January 10, 2024, and annually thereafter, the Department of Finance, in coordination with the foundation, shall submit a report to the chairpersons of the committees in each house of the Legislature that consider appropriations, the chairpersons of the committees and appropriate subcommittees that consider the State Budget, the Chairperson of the Joint Legislative Budget Committee, and the Legislative Analyst’s Office. The report shall include, but not be limited to, all of the following:

(1) An update on foundation activities undertaken pursuant to the authorities granted in this section.

(2) Details on all joint management agreements, lease agreements, and any contracts executed between the State of California and the foundation.

(3) Revenues and expenditures associated with foundation activities at the museum.

(4) A summary of agreements entered into pursuant to subdivisions (a), (b), and (c) of Section 4104.5 that is expected to involve a total investment or estimated annual gross sales in excess of one million dollars ($1,000,000).

(m) This section shall become inoperative on July 1, 2030, and, as of January 1, 2031, is repealed.

SEC. 10.

Section 4109 is added to the Food and Agricultural Code, immediately following Section 4108, to read:

4109.

(a) For purposes of this section, the following terms apply:

(1) “Foundation” means the Exposition Park Foundation.

(2) “Office” means the office of the Exposition Park Manager, as described in Section 4108.

(b) Notwithstanding any other law, the office may, with the approval of the Secretary of the Natural Resources Agency, work to establish a nongovernmental trust, known as the Exposition Park Foundation.

(1) To seek funds for Exposition Park to expand its public programming and infrastructure developments and improvements.

(2) To jointly manage public events that promote the mission of Exposition Park.

(3) To lease portions of state property consistent with the state processes and approvals, and to develop, construct, equip, furnish, and fund the Exposition Park Master Plan or other initiatives of Exposition Park on those properties consistent with lease terms.

(d) For purposes of subdivision (c), in connection with the development described in subdivision (c) of Section 4108, the foundation may, in its determination, select the most qualified construction manager or general contractor to oversee and manage the work and prepare the competitive bid packages for all major subcontractors to be engaged in the implementation and development of the Exposition Park Master Plan. Any construction manager or general contractor selected shall be required to have a California general contractor’s license.

(f) For purposes of developing the foundation, the office may use state funds, upon appropriation by the Legislature, to contract with any private or nonprofit law firm to help establish the foundation and provide it with general counsel for not more than one year from the date of its inception. The office shall in no way be legally responsible for any action or decision made by the foundation.

(g) Notwithstanding any other law, the office may develop and enter into no-bid personal services contracts, joint management agreements, lease agreements, and other contracts or grants, as appropriations and funding permits, with the foundation subject to approval by the Natural Resources Agency and the Department of General Services and subject to all state audit requirements.

(h) Notwithstanding any other law, the office may enter into agreements to secure donations, memberships, and corporate and individual sponsorships, and may enter into marketing and licensing agreements for the receipt of money, or services or products in lieu of money, and may enter into an agreement with the foundation or others to develop, solicit, sell, and service these agreements. Any fees charged, or revenues shared with the foundation or other contractors, pursuant to these agreements shall be subject to approval by the Natural Resources Agency and the Department of General Services and subject to all state audit requirements. The office shall limit the foundation to reasonable administration fees, which fees shall cover both direct, indirect, and overhead expenses of the foundation. All revenue generated and received by the foundation pursuant to this section shall be used for the benefit of Exposition Park, except for those reasonable administration costs incurred by the foundation in managing those funds.

(i) Notwithstanding any other law, the office may authorize the foundation to represent it for the purpose of receiving donations on its behalf both onsite, and through the use of copyrighted marketing material. If the office provides authorization for the foundation to represent it, as described in this section, the office may require the foundation to report quarterly on revenues received and expended. All revenues generated and received by the foundation shall be used for the benefit of Exposition Park and associated programming efforts, except those reasonable administration costs incurred by the foundation in managing those funds, which administration costs shall be determined by mutual donation agreement before the acceptance of any donations or use of any marks owned by the office. The mutual donation agreement shall be subject to approval by the Natural Resources Agency and the Department of General Services and subject to all state audit requirements.

(j) Consistent with any mutual donation agreement authorized in subdivision (i), the office may further authorize the foundation to use Exposition Park for special events. The foundation shall either charge a fee for the special events or accept minimum donations in lieu of fees, which moneys shall be subject to the mutual donation agreement. All fees and donations received by the foundation for special events shall be itemized and accounted for to the office regularly. For all foundation managed special events, the foundation shall obtain necessary insurance, and comply with all appropriate public safety and janitorial services, and shall provide its own staff or contractors to develop and manage the special event. All special events shall be preapproved by the Exposition Park Manager, in consultation with the Natural Resources Agency.

(k) The Exposition Park Manager, on behalf of the office, shall annually report on the status of all foundation activities to the Department of Finance regarding the various agreements and revenues identified in this section. The Department of Finance may, upon reasonable notice, examine the books and records of the foundation, and all parties in contract with the office.

(l) The Legislature finds and declares that the operation of Exposition Park may require individual skills not generally available in state civil service to support specialized functions, such as special event development and programming, and educational and guest services programs.

(m) Notwithstanding any other law, Exposition Park may enter into a personal services contract or contracts with the foundation without a competitive bidding process. These contracts shall be subject to approval by the Natural Resources Agency and the Department of General Services and be subject to all state audit requirements.

(n) The office may enter into concession contracts to license or sell, or both, its branded merchandise, images, and other park-related merchandise directly to the public for revenue generation. Concession contracts, other than those contracts entered into pursuant to subdivisions (d), (f), (g), (h), (i), and (j) shall be issued through competitive requests for proposals, and shall seek the best value for the state through a mixture of rental rates or revenue shares, or both. A concession contract executed pursuant to this section shall not exceed five years in length, with one automatic right to renew at new terms, which shall be mutually agreeable to the office and the concessionaire, including any necessary adjustments in rental rates or revenue shares. The office shall require a provision that allows termination at any time with 180 days prior notice.

(o) The office may license or sell, or both, its branded merchandise, images, and other park-related merchandise directly to the public in its discretion.

(p) In addition to onsite concessions, the office may enter into merchandise agreements with individuals, public agencies, qualified nonprofit organizations, and other private entities for sale of park-branded merchandise, images, or other park-related merchandise to the public. The office shall receive fair and reasonable revenues and commissions from any merchandise agreement. These merchandise agreements shall be approved by the Natural Resources Agency and the Department of General Services and subject to all state audit requirements.

(q) All rents, revenues, and commissions received by Exposition Park pursuant to subdivisions (n), (o), and (p) shall be paid into a designated special fund within the Exposition Park Improvement Fund, established pursuant to Section 4106.

(r) On or before January 10, 2024, and annually thereafter, the Department of Finance, in coordination with the office, shall submit a report to the chairpersons of the committees in each house of the Legislature that consider appropriations, the chairpersons of the committees and appropriate subcommittees that consider the State Budget, the Chairperson of the Joint Legislative Budget Committee, and the Legislative Analyst’s Office. The report shall include, but not be limited to, all of the following:

(1) An update on the foundation’s activities undertaken pursuant to the authorities granted in this section.

(2) Details on all joint management agreements, lease agreements, and any contracts executed between the State of California and the foundation.

(3) Revenues and expenditures associated with foundation activities at Exposition Park.

(4) A summary of agreements entered into pursuant to subdivisions (n), (o), and (p) that is expected to involve a total investment or estimated annual gross sales in excess of one million dollars ($1,000,000).

(s) This section shall become inoperative on July 1, 2030, and, as of January 1, 2031, is repealed.

SEC. 11.

Section 12087.3 of the Government Code is repealed.

SEC. 12.

Section 25502 of the Health and Safety Code is amended to read:

25502.

(a) (1) Notwithstanding any other law, this article and Article 3 (commencing with Section 25545), as it pertains to the handling of hazardous material, and Article 2 (commencing with Section 25531), as it pertains to the regulation of stationary sources, may be implemented by a duly authorized designee of the secretary and shall be implemented by either of the following:

(A) If there is a CUPA, the unified program agency.

(B) If there is no CUPA, the agency authorized pursuant to subdivision (f) of Section 25404.3.

(2) To carry out the purposes of this chapter, any duly authorized designee of the secretary shall have all of the same authorities as those provided to a unified program agency in a unified program agency’s implementation of this article and Article 2 (commencing with Section 25531).

(b) The agency identified in subparagraphs (A) and (B) of paragraph (1) of subdivision (a) responsible for implementing this article, Article 2 (commencing with Section 25531), and Article 3 (commencing with Section 25545) shall ensure full access to, and the availability of, information submitted under this chapter to emergency response personnel and other appropriate governmental entities within its jurisdiction.

SEC. 13.

Section 38562.2 of the Health and Safety Code is amended to read:

38562.2.

(a) This section shall be known, and may be cited, as the California Climate Crisis Act.

(b) For purposes of this section, “net zero greenhouse gas emissions” means emissions of greenhouse gases, as defined in subdivision (g) of Section 38505, to the atmosphere are balanced by removals of greenhouse gas emissions over a period of time, as determined by the state board.

(1) Achieve net zero greenhouse gas emissions as soon as possible, but no later than 2045, and to achieve and maintain net negative greenhouse gas emissions thereafter. This goal is in addition to, and does not replace or supersede, the statewide greenhouse gas emissions reduction targets in Section 38566.

(2) Ensure that by 2045, statewide anthropogenic greenhouse gas emissions are reduced to at least 85 percent below the statewide greenhouse gas emissions limit established pursuant to Section 38550.

(d) The state board shall work with relevant state agencies to do both of the following:

(1) Ensure that updates to the scoping plan required pursuant to Section 38561 identify and recommend measures to achieve the policy goals stated in subdivision (c).

(2) Identify and implement a variety of policies and strategies that enable carbon dioxide removal solutions and carbon capture, utilization, and storage technologies in California to complement emissions reductions and achieve the policy goals stated in subdivision (c).

(e) (1) By December 31, 2035, the state board shall evaluate the feasibility and tradeoffs of achieving the policy goal stated in paragraph (2) of subdivision (c) relative to alternative scenarios that achieve the policy goals stated in paragraph (1) of subdivision (c), and report its findings and recommendations to the Legislature.

(2) The state board shall report to the Joint Legislative Committee on Climate Change Policies annually on progress toward the goals stated in subdivision (c).

(3) As part of its annual reporting requirements pursuant to Section 38592.6, the Legislative Analyst’s Office, until January 1, 2030, shall conduct independent analyses of the state’s progress toward the goals stated in subdivision (c) and shall prepare an annual report detailing its review, which may include recommendations for improvements in state actions taken to achieve the goals stated in subdivision (c). When appropriate, these annual reports may incorporate reviews of the state board’s evaluation and reporting practices, and may include recommendations for potential changes to advance transparency and accountability. A report prepared pursuant to this paragraph shall be made available to the public.

SEC. 14.

Section 116773.2 of the Health and Safety Code is amended to read:

116773.2.

For purposes of this chapter, the following definitions apply:

(a) “Community water system” has the same meaning as defined in Section 116275.

(b) “COVID-19 pandemic bill relief period” means the period from March 4, 2020, to December 31, 2022, inclusive, and includes any customer billing period that includes these dates.

(c) “Enterprise revenue” means revenues of the water or wastewater enterprise of the community water system or wastewater treatment provider.

(d) “Past-due bills” means customer water bills that are 60 days or more past due and includes both active and inactive accounts, and accounts that have payment plans or payment arrangements.

(e) “Proportional basis” means based on the percentage of the total statewide need for community water system reimbursement under this chapter, estimated by the state board, and the total assistance available for disbursement.

(f) “Small community water system” has the same meaning as defined in Section 116275.

(g) “State board” means the State Water Resources Control Board.

(h) “Wastewater treatment provider” means any of the following:

(1) A city, county, special district, or joint powers authority that provides wastewater collection, treatment, or disposal service through a publicly owned treatment works.

(2) Any privately owned facility used in the treatment or reclamation of sewage or industrial wastes, and regulated by the Public Utilities Commission pursuant to Sections 216 and 230.6 of, and Chapter 4 (commencing with Section 701) of Part 1 of Division 1 of, the Public Utilities Code.

SEC. 15.

Section 116773.4 of the Health and Safety Code is amended to read:

116773.4.

(a) The California Water and Wastewater Arrearage Payment Program is hereby established in the state board to implement this chapter.

(b) (1) The state board shall adopt a resolution establishing guidelines for application requirements and reimbursement amounts for those arrearages and enterprise revenue shortfalls.

(2) There shall be an initial 60-day application timeframe in which a community water system or wastewater treatment provider may apply to the state board for reimbursement.

(3) The state board shall use the application total to determine the total amount of residential and commercial arrearages and enterprise revenue shortfalls from community water systems and wastewater treatment providers that have submitted that information.

(4) If there are insufficient funds in the appropriation described in paragraph (1) to reimburse the total amount of reported arrearages and enterprise revenue shortfalls of community water systems and wastewater treatment providers, the state board shall disburse the funds on a proportional basis to each applicant.

(5) An applicant shall calculate or estimate, based on its billing frequency, the total amount of outstanding past-due bills that have accumulated during the COVID-19 pandemic bill relief period. The calculations shall include documentation to support the amount of outstanding customer arrearages or enterprise revenue shortfalls that were incurred during that period, if available. An applicant’s authorized representative, or its designee, shall attest that the application is true and accurate.

(6) (A) The state board shall prioritize the timing of the disbursement of funding to small community water systems or wastewater treatment providers serving small communities.

(B) The state board shall establish guidelines to prioritize residential water or wastewater customers and customers with the largest arrearages.

(7) If a community water system or wastewater treatment provider uses customer classes for purposes of its billing program, the following customer classes are eligible for funding under this chapter and may be included in the application:

(A) Residential customers.

(B) Commercial customers.

(1) As bill credits to customers to help address past-due bills incurred during the COVID-19 pandemic bill relief period and notify customers of the amounts credited to their accounts.

(2) As offsets to or reimbursements for eligible enterprise revenue shortfalls.

(d) (1) An applicant shall provide customers with arrearages accrued during the COVID-19 pandemic bill relief period a notice that they may enter into a payment plan and that they have 30 days from the date of the notice to enroll in the payment plan. A payment plan and its associated rules offered by a community water system of any size shall conform with Chapter 6 (commencing with Section 116900), notwithstanding limitations in that chapter relating to a community water system’s size. A community water system shall not discontinue water service to a customer that remains current on a payment plan.

(2) A community water system shall not discontinue water service due to nonpayment of past-due bills before either of the following dates, whichever date is later:

(A) December 31, 2021.

(B) For a customer that has been offered an opportunity to participate in a payment plan, the date the customer misses the enrollment deadline for, or defaults on, the payment plan.

(e) A system or provider shall remit any moneys disbursed to the system or provider under this chapter not credited to customers or utilized as eligible enterprise revenue offsets within six months of receipt back to the state board.

(f) Customer information collected under this chapter is subject to Section 7927.410 of the Government Code.

(g) A community water system or wastewater treatment provider receiving assistance under this chapter may expend up to 3 percent, or up to one million dollars ($1,000,000), whichever amount is less, of that assistance for costs incurred in applying for the assistance or complying with use and reporting conditions of the assistance.

SEC. 16.

Section 116773.6 of the Health and Safety Code is amended to read:

116773.6.

(a) Actions by the state board to implement this chapter, including the adoption or development of any plan, handbook, guidelines, reporting and audit requirements, or forms, are exempt from Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code.

(b) Actions by the state board to implement this chapter, including entering into contracts for services or equipment, are exempt from Chapter 2 (commencing with Section 10290) of Part 2 of Division 2 of the Public Contract Code. The state board may award a contract under this chapter on a noncompetitive bid basis as necessary to implement the purposes of this chapter.

(c) The state board shall coordinate with the Department of Community Services and Development in allocating funding under this chapter to community water systems that are publicly owned utilities providing electric and water services.

(d) The state board may use its authority granted pursuant to Chapter 4 (commencing with Section 116270) to implement the requirements of this chapter. For purposes of Article 7 (commencing with Section 116525), Article 8 (commencing with Section 116625), and Article 9 (commencing with Section 116650) of Chapter 4, a violation of any requirement imposed in connection with funding under this chapter or the associated program is a violation of Chapter 4.

(e) This chapter satisfies the requirement for subsequent legislation in Provision 2 of Item 3940-062-8506, Provision 3 of Item 3940-162-8506 of Section 2.00 of the Budget Act of 2021, and implementation of Item 3940-162-8506 of Section 2.00 of the Budget Act of 2023.

SEC. 17.

Section 116773.8 of the Health and Safety Code is amended to read:

116773.8.

(a) This chapter shall become inoperative on July 1, 2026, and, as of January 1, 2027, is repealed.

(b) Notwithstanding the repeal of this chapter, any claim or cause of action based thereon that was commenced before January 1, 2027, whether or not reduced to a final judgment, or other action of an implementing agency undertaken pursuant to this chapter shall be preserved, and any remedy that was or could have been ordered to redress a violation of this chapter as it read on June 30, 2026, may be ordered or maintained thereafter.

SEC. 18.

Section 716 of the Public Resources Code is amended to read:

716.

(a) Upon approval by the Department of Finance, the department may exercise the same authority granted to the Division of the State Architect and the Real Estate Services Division in the Department of General Services, to plan, design, construct, and administer contracts and professional services for, public works projects under the jurisdiction of the department.

(b) Any right afforded to the department pursuant to subdivision (a) to exercise project planning, design, construction, and administration of contracts and professional services may be revoked, in whole or in part, by the Department of Finance at any time.

(c) Upon approval by the Department of Finance, the department may use any civil service classifications necessary to carry out the purposes of this section. The Department of Finance may revoke its approval described in this subdivision, in whole or in part, at any time.

SEC. 19.

Section 3258 of the Public Resources Code is amended to read:

3258.

(a) The division shall not make expenditures from the Oil, Gas, and Geothermal Administrative Fund pursuant to this article that exceed the following sum any one fiscal year:

(1) Three million dollars ($3,000,000), commencing on July 1, 2018, for the 2018–19 fiscal year, and continuing for three fiscal years thereafter.

(2) Commencing with the 2022–23 fiscal year, and each fiscal year thereafter, five million dollars ($5,000,000). On a one-time basis, the division may also expend each of the following amounts:

(A) For the 2024–25 fiscal year, seven million five hundred thousand dollars ($7,500,000), 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 pursuant to this article.

(B) For the 2025–26 fiscal year, seven million five hundred thousand dollars ($7,500,000), 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 pursuant to this article.

(b) (1) The expenditure limits of subdivision (a) also apply to expenditures by the division from the Oil, Gas, and Geothermal Administrative Fund pursuant to Section 3226, unless the division obtains a lien against real or personal property of the operator. If the division obtains a lien against real or personal property of greater value than the amount of the expenditure, then the amount of the expenditure shall not count against the expenditure limit of subdivision (a). If the division obtains a lien against real or personal property of lesser value than the amount of the expenditure, then only the difference between the amount of the expenditure and the value of the property counts against the expenditure limit of subdivision (a). Any moneys recovered by the division pursuant to Section 3226 shall be deposited in the Oil and Gas Environmental Remediation Account, unless the moneys are recovered against expenditures that have been or will be made from the Hazardous and Idle-Deserted Well Abatement Fund.

(2) (A) Commencing with the 2023–24 fiscal year, in any fiscal year that the division makes expenditures that are less than the amount appropriated in the annual state Budget Act or any other law related to the expenditures described in subdivision (a), the Controller shall transfer from the Oil, Gas, and Geothermal Administrative Fund to the Oil and Gas Environmental Remediation Account, established pursuant to Section 3261, an amount equal to the difference between what was appropriated and what was encumbered pursuant to this article by the division for that fiscal year, unless there is more than two hundred million dollars ($200,000,000) in the account.

(B) Upon the order of the Department of Finance, the Controller shall transfer the unencumbered amount from the Oil, Gas, and Geothermal Administrative Fund to the Oil and Gas Environmental Remediation Account.

(c) Moneys expended pursuant to this article shall be used exclusively for plugging and abandoning hazardous or idle-deserted wells, decommissioning hazardous or deserted facilities, or otherwise remediating well sites of hazardous or idle-deserted wells.

(d) The division shall develop criteria for determining the priority of plugging and abandoning hazardous or idle-deserted wells and decommissioning hazardous or deserted facilities to be remediated pursuant to this article and performing work pursuant to Section 3226. The criteria shall consider the information required to be reported pursuant to subdivision (e). The Administrative Procedure Act (Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code) does not apply to the development of criteria by the division pursuant to this subdivision.

(e) (1) (A) On April 1, 2021, the department shall report to the Legislature on the number of hazardous wells, idle-deserted wells, deserted facilities, and hazardous facilities remaining, the estimated costs of abandoning and decommissioning those wells and facilities, and a timeline for future abandonment and decommissioning of those wells and facilities with a specific schedule of goals. By April 1, 2022, the department shall report to the Legislature the location of the applicable wells and facilities, including the county in which they are located, if the information is not otherwise included in the April 1, 2021, report described in this paragraph.

(B) As part of the report required in subparagraph (A), the department shall provide recommendations to the Legislature for improving and optimizing the involvement of local agencies in the process of plugging and abandoning wells and decommissioning facilities. In drafting these recommendations, the department shall consider factors unique to each of the division’s districts, and shall consult with local agencies in developing recommendations.

(C) In collecting the information for the report required in subparagraph (A), the division shall conduct field inspections of hazardous wells, idle-deserted wells, deserted facilities, and hazardous facilities and include information in the report from the field inspections that can be used to prioritize those wells and facilities in the specific schedule of goals.

(2) On October 1, 2023, and annually thereafter, the department shall provide to the Legislature an update on the report required in paragraph (1) that describes the total costs, average costs per well and facility, the number of wells plugged and abandoned, the number of facilities decommissioned, the total number of projects completed, and any additional wells and facilities identified by the department requiring abandonment or decommissioning. The update shall include the location, including the county, of applicable wells, facilities, and projects identified in the report.

(3) The report and update to the report required to be submitted under this subdivision shall be submitted in compliance with Section 9795 of the Government Code.

SEC. 20.

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) 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.

(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.

(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. 21.

Article 4 (commencing with Section 5081) is added to Chapter 1.2 of Division 5 of the Public Resources Code, to read:

Article 4. Old Sacramento State Historic Park

5081.

The Legislature finds and declares all of the following:

(a) The department has a proprietary and financial interest in revenue-generating commercial operations on state land, including the Old Sacramento State Historic Park.

(b) Labor disputes may interfere with or disrupt hotel and hospitality services and negatively impact the department’s proprietary interests and its ability to attract travelers to the Old Sacramento State Historical Park.

(c) Requiring that the entity responsible for developing a hotel and hospitality operations in the Old Sacramento State Historical Park, as well as any subcontractors or sublessees, be party to a labor peace agreement prohibiting strikes, picketing, and boycotts at the hotel is a well established means of protecting those proprietary interests.

5082.

(a) For purposes of this section, the following definitions apply:

(1) “Labor organization” means a labor organization as defined in Section 152(5) of Title 29 of the United States Code.

(2) “Labor peace agreement” means an agreement with a labor organization that contains, at a minimum, provisions prohibiting the labor organization and its members from engaging in any picketing, work stoppage, boycott, or other economic interference with the hotel or food and beverage operations subject to the agreement.

(b) The department shall 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 Historical 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 with each labor organization that represents, or seeks to represent, the workforce performing hotel or food and beverage operations under the agreement.

(c) The department shall include in any request for proposals or similar solicitation for the development of a hotel on land owned or controlled by the state in the Old Sacramento State Historical Park a provision that provides, in substance, the following statement:
Labor Peace. As a requirement for a full and adequate response to this request for proposal (RFP), as a condition precedent to the Department of Parks and Recreation (department) entering into the agreement described in this RFP, and as an ongoing material term of the agreement, the applicant and each sublessee or subcontractor shall provide written evidence that they have entered into a signed labor peace agreement with each labor organization that represents, or seeks to represent, the workforce performing hotel or food and beverage operations under the agreement. To comply with this requirement, each applicant must submit either: (1) a certification, in a form prescribed by the department, signed by the relevant labor organization and the applicant, attesting to a signed labor peace agreement, or (2) a signed certification, in a form prescribed by the department, attesting that no labor organization represents or has notified the applicant that it will seek to represent, the workforce performing hotel or food and beverage operations under the agreement. For these purposes, “labor organization” and “labor peace agreement” have the same meanings as defined in Section 5082 of the Public Resources Code.

5083.

This article shall apply only to a lease agreement, management agreement, or other agreement entered into on or after July 1, 2023, for the operation of a hotel on land owned or controlled by the state in the Old Sacramento State Historic Park.

SEC. 22.

Section 42034.2 of the Public Resources Code is amended to read:

42034.2.

(a) (1) On or before the end of the 2022–23 fiscal year, and on March 1 and September 1 of each year thereafter, a program operator shall pay to the department an administrative fee. The department shall set the fee at an amount that, when paid by every covered entity, is adequate to cover the department’s and any other state agency’s projected full costs of administering and enforcing this chapter, including any incurred costs that have not been reimbursed. Before March 1 and September 1 of each year, the department shall compare the total amount of fees collected for the operative billing cycle to the total actual and reasonable costs of administering and enforcing this chapter over the same period so that the total amount of fees collected is adequate and does not exceed the state’s full actual and reasonable regulatory costs to implement and enforce this chapter. These costs may include the actual and reasonable costs associated with regulatory activities pursuant to this chapter before submission of stewardship plans pursuant to Section 42032.

(2) For a stewardship organization, the administrative fee paid pursuant to paragraph (1) shall be funded by the covered entities that make up the stewardship organization. This administrative fee shall be in addition to the charge paid pursuant to Section 42034. A stewardship organization may require its participating covered entities to pay the administrative fee and the charge paid pursuant to Section 42034 at the same time.

(b) The department shall deposit administrative fees paid by a program operator pursuant to subdivision (a) into the Pharmaceutical and Sharps Stewardship Fund, which is hereby established. Upon appropriation by the Legislature, moneys in the fund may be expended by the department, the state board, and any other agency that assists in the regulatory activities of administering and enforcing this chapter. Upon appropriation by the Legislature, moneys in the fund may be used for those regulatory activities and to reimburse any outstanding loans made from other funds used to finance the startup costs of the department’s activities pursuant to this chapter. Moneys in the fund shall not be expended for any purpose not enumerated in this chapter.

SEC. 23.

Section 71154 of the Public Resources Code is amended to read:

71154.

To address the vulnerabilities identified in the plan, state agencies shall work to maximize, where applicable and feasible, all of the following objectives:

(a) Educating the public about the consequences of climate change, such as sea level rise, extreme weather events, the urban heat island effect, habitat loss, wildfire, drought, threats to infrastructure and agriculture, worsening air and water quality, and public health impacts.

(b) Ensuring there is a continued repository for scientific data on climate change and climate adaptation in the state in order to facilitate educated state and local policy decisions and to help identify primary risks from climate change to residents, property, communities, and natural systems across the state.

(c) (1) 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.

(2) When developing infrastructure to address adaptation, where feasible, a project alternative should be developed that uses existing natural features and ecosystem processes or the restoration of natural features and ecosystem processes to meet the project’s goals.

(3) For purposes of this subdivision, “natural infrastructure” means using natural ecological systems or processes to reduce vulnerability to climate change related hazards, or other related climate change effects, while increasing the long-term adaptive capacity of coastal and inland areas by perpetuating or restoring ecosystem services. This includes, but is not limited to, the conservation, preservation, or sustainable management of any form of aquatic or terrestrial vegetated open space, such as beaches, dunes, tidal marshes, reefs, seagrass, aquifers, parks, rain gardens, and urban tree canopies. It also includes systems and practices that use or mimic natural processes, such as permeable pavements, bioswales, and other engineered systems, such as levees that are combined with restored natural systems, to provide clean water, conserve ecosystem values and functions, and provide a wide array of benefits to people and wildlife.

(d) Encouraging regional collaborative planning efforts to address regional climate change impacts and adaptation strategies.

(e) Promoting drought resiliency through an integrated water supply, delivery, and capture system that is coordinated and that can be resilient to a multiyear drought scenario while protecting water quality and public health. Establishing both drought preparation programs, which will help create sustainable water systems in the future, and immediate drought response programs, which will reduce water demand or increase supply within one to five years of any declared drought.

(f) Building resilient communities by developing urban greening projects that reduce air pollution and heat reflection in urban areas and create livable, sustainable communities in urban cores to promote infill development and reduce greenhouse gas emissions.

(g) Protecting and enhancing habitat, species strongholds, and wildlife corridors that are critical to the preservation of species that are at risk from the consequences of climate change.

(h) Promoting actions to ensure healthy soils and sustainable agriculture; inform reliable transportation planning; improve emergency management response across sectors; ensure sufficient, reliable, and safe energy; improve capacity to reduce and respond to public health threats; address the impacts of climate change on disadvantaged communities; and protect cultural resources from the impacts of climate change.

(i) Prioritizing equity by ensuring public expenditures that address climate change adaptation prioritize protecting vulnerable communities, rectifying intersectional and systemic inequities, and enhancing low-income and vulnerable communities’ abilities to weather the impacts of climate change.

SEC. 24.

Section 17131.19 of the Revenue and Taxation Code is repealed.

SEC. 25.

Section 1242.1 is added to the Water Code, to read:

1242.1.

The diversion of floodflows for groundwater recharge shall not require an appropriative water right if all of the following conditions are met:

(a) (1) A local or regional agency that has adopted a local plan of flood control pursuant to Section 8201 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.

(2) As used in this section, “floodflow” means any of the following:

(A) Where a waterbody is subject to a defined flood stage, flows in excess of flood stage where actions are necessary to avoid threats to human health and safety.

(B) (i) Except as provided in clause (ii), where a waterbody is not subject to a defined flood stage, surface water escaped from or is likely to imminently escape from a channel or waterbody causing or threatening to cause inundation of residential or commercial structures, or roads needed for emergency response. Likely imminent escape from a channel or waterbody shall be demonstrated by measured flows in excess of the maximum design capacity of a flood control project, where such a project is present and the maximum design capacity is readily available information.

(ii) This subparagraph does not apply to flows that inundate wetlands, working lands, or floodplains, events that constitute a “design flood,” groundwater seepage, or waters confined to a “designated floodway.”

(C) Where flows would inundate ordinarily dry areas in the bed of a terminal lake to a depth that floods dairies and other ongoing agricultural activities, or areas with substantial residential, commercial, or industrial development.

(3) As used in this subdivision, “imminent” means a high degree of confidence that a condition will begin in the immediate future.

(b) The diversions cease when the flood conditions described in the public notice provided pursuant to subdivision (a) have abated to the point there is no longer a risk of flooding and inundation of land, roads, or structures downstream of the point of diversion.

(1) Any barns, ponds, or lands where manure or waste from an animal facility that generates waste from the feeding and housing of animals for more than 45 days per year in a confined area that is not vegetated are applied.

(2) Any agricultural field that has been identified as an outlier with respect to nitrogen application by any of the following:

(A) The board.

(B) The appropriate regional board.

(3) Any area that could cause damage to critical levees, infrastructure, wastewater and drinking water systems, drinking water wells or drinking water supplies, or exacerbate the threat of flood and other health and safety concerns.

(4) Any area that has not been in active irrigated agricultural cultivation within the past three years, including grazing lands, annual grasslands, and natural habitats. This limitation does not apply to facilities already constructed for the purpose of groundwater recharge or managed wetlands.

(d) With respect to diversions from water tributaries to the Sacramento-San Joaquin Delta (Delta), water rights holders are not making releases of stored water or reoperating facilities to provide flow for the purposes of meeting water quality control plan or endangered species requirements in the Delta at the time of the diversion.

(e) The diversion of floodflows for groundwater recharge uses the following as part of the diversion:

(1) Either existing diversion infrastructure or temporary pumps.

(2) Existing groundwater recharge locations, where available.

(3) No new permanent infrastructure or permanent construction.

(4) For diversions directly from rivers or streams, protective screens on temporary pump intakes to minimize the impacts of diversion to fish and other aquatic life. Such screens shall be constructed of any rigid material, perforated, woven, or slotted, that provides water passage while physically excluding fish. The screen face shall be parallel to the flow and adjacent to the water’s edge. The upstream and downstream transitions to the screen structure shall be designed and constructed to minimize eddies upstream of, in front of, and downstream of the screen, while minimizing entrainment to the degree feasible. Prior to implementing this paragraph, the Department of Fish and Wildlife shall conduct at least one public workshop to review recommended design parameters and ranges of scenarios for deployment and use of protective screens. These recommendations and any other guidelines provided by the Department of Fish and Wildlife on the implementation of this paragraph shall not be subject to the Administrative Procedure Act (Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code).

(f) The person or entity making the diversion for groundwater recharge does not claim any water right based on that diversion and recharge.

(g) (1) The person or entity making the diversion for groundwater recharge files all of the following with the board and with any applicable groundwater sustainability agency, as defined in Section 10721, for the basin:

(A) A notice that provides the information specified in Subparagraphs (A) through (C), inclusive, of paragraph (2), 48 hours before whenever feasible, and in no event later than 48 hours after initially commencing diversion of floodflows for groundwater recharge.

(B) A preliminary report no later than 14 days after initially commencing diversion of floodflows for groundwater recharge.

(2) The preliminary and final reports shall do all of the following:

(A) Identify the person or entity making the diversion for groundwater recharge.

(B) Provide the Global Positioning System (GPS) coordinates for the point of diversion, a map identifying the approximate area inundated by the floodflows, and the corresponding assessor parcel numbers.

(C) Identify the time when diversions of floodflows to groundwater recharge commenced, and, for final reports, when diversions ceased.

(D) Provide an estimate, as of the report’s date, of the amount of floodflows diverted for groundwater recharge.

(h) This section shall only apply to diversions commenced before January 1, 2029.

SEC. 26.

Section 1242.2 is added to the Water Code, to read:

1242.2.

(a) The board shall post on its internet website all reports received pursuant to Section 1242.1.

(b) On an annual basis, until January 1, 2029, the board shall compile information on the reports it receives pursuant to subdivision (g) of Section 1242.1 to identify the number of projects, estimated amount of water diverted and recharged, and locations of recharge projects implemented under this section and post this information on its internet website. The board may include recommendations to increase the amount of water diverted for recharge while protecting groundwater quality, public safety, and fish and wildlife resources in this annual report.

SEC. 27.

Section 1242.3 is added to the Water Code, to read:

1242.3.

(a) The Legislature finds and declares as follows:

(1) California’s central valley has one of the highest flood risks in the United States. Recognizing this risk and in response to the Court of Appeal decision in Paterno v. State of California (2003) 113 Cal. App.4th 998, in 2007, the Legislature enacted the Central Valley Flood Protection Act of 2008, which along with other provisions requires the projected impacts of climate change on the State Plan of Flood Control to be included the Central Valley Flood Protection Plan and each five-year update to the Central Valley Flood Protection Plan.

(2) According to the 2022 Update of the Central Valley Flood Protection Plan, by 2072, climate change is predicted to increase peak floodflows up to five times in the central valley compared to past recorded events, and the anticipated peak flows by 2072 will only exacerbate this risk unless urgent action is taken. Climate change science predicts that atmospheric rivers will become stronger and wetter, increasing their potential to cause catastrophic events that could overwhelm many parts of the current flood system, if improvements and other strategies are not implemented.

(3) The Legislature enacts Section 1242.1, as applied in the Sacramento and San Joaquin watersheds, with the intention of adapting the State Plan of Flood Control to continuing climate change with a reasonable plan for quickly reducing the level of floodflows by diverting water, where feasible, to lands adjacent to watercourses and state-federal levees for recharging groundwater.

(4) Given rapidly changing hydrologic conditions, Section 1242.1 establishes a reasonable plan for reducing risk of flood damages to lands within the State Plan of Flood Control. Risk of flooding may remain and may be incidental to the actions authorized by Section 1242.1, but the state is acting to reduce that risk.

(b) The state shall not be liable for flood damages related to actions authorized by Section 1242.1.

SEC. 28.

Section 1831 of the Water Code is amended to read:

1831.

(a) When the board determines that any person is violating, or threatening to violate, any requirement described in subdivision (d), the board may issue an order to that person to cease and desist from that violation.

(b) The cease and desist order shall require that person to comply forthwith or in accordance with a time schedule set by the board.

(c) The board may issue a cease and desist order only after notice and an opportunity for hearing pursuant to Section 1834.

(d) The board may issue a cease and desist order in response to a violation or threatened violation of any of the following:

(1) The prohibition set forth in Section 1052 against the unauthorized diversion or use of water subject to this division.

(2) Any term or condition of a permit, license, certification, or registration issued under this division.

(3) Any decision or order of the board issued under this part, Section 275, Chapter 11 (commencing with Section 10735) of Part 2.74 of Division 6, or Article 7 (commencing with Section 13550) of Chapter 7 of Division 7, in which decision or order the person to whom the cease and desist order will be issued, or a predecessor in interest to that person, was named as a party directly affected by the decision or order.

(4) A regulation adopted by the board.

(5) Any extraction restriction, limitation, order, or regulation adopted or issued under Chapter 11 (commencing with Section 10735) of Part 2.74 of Division 6.

(6) Any diversion or use of water for cannabis cultivation if any of paragraphs (1) to (5), inclusive, or any of the following applies:

(A) A license is required, but has not been obtained, under Chapter 6 (commencing with Section 26060) of, or Chapter 7 (commencing with Section 26070) of, Division 10 of the Business and Professions Code.

(B) The diversion is not in compliance with an applicable limitation or requirement established by the board or the Department of Fish and Wildlife under Section 13149.

(C) The diversion or use is not in compliance with a requirement imposed under paragraphs (1) and (2) of subdivision (b) of Section 26060.1 of, and paragraph (3) of subdivision (a) of Section 26070 of, the Business and Professions Code.

(7) A condition or reporting requirement for the diversion of floodwaters for groundwater recharge under Section 1242.1.

(e) This article does not alter the regulatory authority of the board under other provisions of law.

SEC. 29.

Section 1846 of the Water Code is amended to read:

1846.

(a) A person or entity may be liable for a violation of any of the following in an amount not to exceed five hundred dollars ($500) for each day in which the violation occurs:

(1) A term or condition of a permit, license, certificate, or registration issued under this division.

(2) A regulation or order adopted by the board.

(3) A condition or reporting requirement for the diversion of floodwaters for groundwater recharge under Section 1242.1.

(b) Civil liability may be imposed by the superior court. The Attorney General, upon the request of the board, shall petition the superior court to impose, assess, and recover those sums.

SEC. 30.

Section 6300 of the Water Code is amended to read:

6300.

(a) The application for a new dam or reservoir, or the enlargement, repair, alteration, or removal of an existing dam or reservoir, shall set forth the estimated cost, as defined in this article, of the new dam or reservoir, or the enlargement, repair, alteration, or removal of the existing dam or reservoir, and shall be accompanied by a filing fee based upon the estimated cost and according to the following schedule:

(1) For the first one million dollars ($1,000,000), a fee of 3.25 percent of the estimated cost.

(2) For the next four million dollars ($4,000,000), a fee of 2.5 percent.

(3) For the next fifteen million dollars ($15,000,000), a fee of 2 percent.

(4) For the next thirty million dollars ($30,000,000), a fee of 1.75 percent.

(5) For the next one hundred million dollars ($100,000,000), a fee of 1.25 percent.

(6) For the next three hundred fifty million dollars ($350,000,000), a fee of 0.75 percent.

(7) For all costs in excess of five hundred million dollars ($500,000,000), a fee of 0.5 percent.

(b) In no case, however, shall the minimum fee be less than one thousand dollars ($1,000).

(c) The fee schedule in subdivision (a) applies to complete applications, as described in Section 311 of Title 23 of the California Code of Regulations, received after June 30, 2023. Any complete applications received on or before June 30, 2023, shall comply with the filing fee requirements of subdivision (a) as that subdivision read on January 1, 2023.

(d) The estimated project cost may be amended by the dam owner and additional filing fees may be paid to the department up until the date that construction commences.

(e) The department shall annually adjust the fee schedule in subdivision (a) to reflect changes in the Consumer Price Index for goods and services published by the United States Bureau of Labor Statistics.

(f) The department shall adopt, by regulation, a process to adjust the fees to ensure the filing fees collected cover the department’s reasonable costs for application work, which may include, but is not limited to, design review and construction oversight.

(g) The department may refund filing fees paid by an owner pursuant to this section if requested by the owner. The department may adopt, by regulation, a methodology for determining the criteria and process for filing fee refunds requested by an owner.

SEC. 31.

Section 6302 of the Water Code is amended to read:

6302.

For the purposes of this part, the estimated cost of a new dam or reservoir, or the enlargement, repair, alteration, or removal of an existing dam or reservoir shall include all of the following:

(a) The cost of all labor and materials entering into the construction of the dam and appurtenant works or reservoir

(b) The cost of preliminary investigations and surveys.

(d) The labor costs of the owner for preparing environmental documentation to meet the requirements of the California Environmental Quality Act (Division 13 (commencing with Section 21000) of the Public Resources Code).

(e) Any and all other items entering directly into the cost of the dam or reservoir.

SEC. 32.

Section 6304 of the Water Code is amended to read:

6304.

An application shall not be considered by the department until at least 20 percent of the filing fee is received, unless the department, in its discretion, decides to consider the application. The application shall not be approved by the department until the filing fee is received in full.

SEC. 33.

Section 6305 of the Water Code is amended to read:

6305.

In the event the actual cost exceeds the estimated cost by more than 15 percent, a further fee shall be required by the department and shall be 115 percent of the amount by which the original fee is less than it would have been had the cost it was based upon been the same as the actual cost. No further fee shall be required, however, if that fee is to be computed at less than five hundred dollars ($500).

SEC. 34.

Section 6433 is added to the Water Code, immediately following Section 6432, to read:

6433.

(a) The Attorney General, upon request of the department, shall bring an action in superior court seeking injunctive relief, penalties, fees, costs, or any other remedies available to the department under this division.

(b) Any action or proceeding under this division shall be commenced in the superior court in the county that the cause or some part thereof arose, the owner or person complained of has its principal place of business, or the owner or person complained of resides.

(c) In any civil action brought pursuant to this division that the department determines there is a threat to human health, safety, or the environment, and seeks a temporary restraining order, preliminary injunction, or permanent injunction, it shall not be necessary to allege or prove at any stage of the proceeding that irreparable damage will occur should the temporary restraining order, preliminary injunction, or permanent injunction not be issued, or that the remedy at law is inadequate, and the temporary restraining order, preliminary injunction, or permanent injunction shall issue without those allegations and proof.

SEC. 35.

Part 4 (commencing with Section 6700) is added to Division 3 of the Water Code, to read:

PART 4. Dam Safety and Climate Resilience Local Assistance Program

6700.

(a) (1) The department shall, upon appropriation by the Legislature, develop and administer the Dam Safety and Climate Resilience Local Assistance Program established pursuant to this section. The purpose of the program shall be 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.

(2) Before disbursing grant funds pursuant to this part, the department shall develop and adopt program guidelines and project solicitation documents. Any guidelines and project solicitation documents developed pursuant to this section are not subject to Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code.

(b) Dam safety and enhancement projects eligible to receive funding under the program include the following:

(1) Dam repairs to allow water storage to full capacity.

(2) New spillway and spillway repair projects at existing dams.

(3) Dam and reservoir seismic retrofit projects.

(4) Enhancement of water supply and downstream flood risk reduction such as implementation of Forecast-Informed Reservoir Operations.

(5) One-time projects to remove sediment resulting from wildfires or extraordinary storm events.

(6) Improvements to dam appurtenances to address dam safety-related deficiencies identified by the department.

(c) Upon appropriation by the Legislature, funds shall be available to the department to provide grants to owners of state jurisdictional dams for dam safety projects that provide the following public benefits, in order of priority:

(1) Protection of public safety.

(2) Restoration of water storage.

(3) Flood risk reduction.

(4) Enhancement of water supply reliability.

(5) Enhancement, protection, or restoration of habitat for fish and wildlife.

(6) Protection of water quality.

(d) The department shall not award any funds under this section for raising dams, increasing reservoir space, or otherwise increasing water impoundment.

(e) A grant cost share of at least 50 percent shall be required for projects funded pursuant to this part. Federal funding and other state loans and grants may be used as grant cost share. The department may waive or reduce the grant cost share if it would cause extreme financial hardship to the grant recipient and the dam poses an unacceptable public safety risk.

SEC. 36.

Section 13198 of the Water Code is amended to read:

13198.

For purposes of this article, the following definitions apply:

(a) “Drought scenario” means either of the following:

(1) Circumstances for which the Governor has issued a proclamation of a state of emergency, pursuant to Section 8625 of the Government Code, based on drought conditions.

(2) (A) Circumstances for which the state board determines, consistent with subparagraph (B), that drought conditions necessitate urgent and immediate action to ensure availability of safe drinking water, to protect public health and safety, or, after consultation with the Department of Fish and Wildlife, to avoid serious and irreparable harm to fish or wildlife.

(B) Before determining a drought scenario exists pursuant to subparagraph (A), the state board shall do both of the following:

(i) Provide notice, including specific geographic areas in which a determination of a drought scenario is proposed, to the Joint Legislative Budget Committee, the secretaries of the implementing agencies, and the Director of Emergency Services.

(ii) To the extent feasible, conduct a public hearing for purposes of seeking public comment on the proposed declaration of a drought scenario, and any proposed actions.

(b) “Implementing agency” means any of the following:

(1) The Natural Resources Agency.

(2) The California Environmental Protection Agency.

(3) The Department of Food and Agriculture.

(4) The California Health and Human Services Agency.

(5) Boards, departments, and offices within the agencies specified in paragraphs (1) to (4), inclusive.

(6) The Office of Emergency Services.

(A) Hauled water.

(B) Temporary community water tanks.

(D) Water vending machines.

(E) Emergency water interties.

(F) New wells or rehabilitation of existing wells.

(G) Construction or installation of permanent connections to adjacent water systems, recycled water projects that provide immediate relief to potable water supplies, water use reduction and efficiency equipment, and other projects that support immediate drought response.

(H) Fish and wildlife rescue, protection, and relocation.

(I) Education, outreach, direct installation programs, rebate programs, and other activities to increase water conservation.

(J) Drought resilience planning.

(K) Groundwater recharge projects meeting the conditions of Section 1242.1.

(2) Eligible costs for interim or immediate relief include technical assistance, site acquisitions, post-performance monitoring, and costs directly related to the provision of the project.

SEC. 37.

Section 13198.2 of the Water Code is amended to read:

13198.2.

(a) Subject to an appropriation in the annual Budget Act or another statute for these purposes, an implementing agency may make grants and direct expenditures for interim or immediate relief in response to conditions arising from a drought scenario to do any of the following:

(1) Address immediate impacts on human health and safety, including providing or improving availability of food, water, or shelter.

(2) Address immediate impacts on fish and wildlife resources.

(3) Provide water to persons or communities that lose or are threatened with the loss or contamination of water supplies.

(b) A contract entered into under this article by an implementing agency is exempt from Chapter 2 (commencing with Section 10290) of Part 2 of Division 2 of the Public Contract Code. An implementing agency may award a contract under this section on a noncompetitive bid basis as necessary to implement the purposes of this article.

(c) An implementing agency shall obtain approval from the Department of Finance before entering into a contract under this section.

(d) Actions of implementing agencies under this article shall be deemed to be within paragraph (2), (3), or (4) of subdivision (b) of Section 21080 of the Public Resources Code.

(e) Posting and dissemination of information related to drought emergency activities under this section is exempt from Sections 7405 and 11546.7 of the Government Code as they pertain to the posting of materials on state agency internet websites as part of responding to the emergency, provided that any state agencies failing to satisfy the requirements of Sections 7405 and 11546.7 of the Government Code shall make and post an accessible version on their internet websites as soon as practicable.

(f) Implementing agencies may adopt guidelines to implement this article. Those guidelines are not subject to Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code.

SEC. 38.

Section 13198.3 is added to the Water Code, to read:

13198.3.

(a) Actions of any public agency that contracts with the United States Bureau of Reclamation, or is an entitlement holder under the 2006 consolidated decree in Arizona v. California (2006) 547 U.S. 150, for Colorado River water supplies, 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, shall be deemed to be within the activities described in paragraph (2), (3), or (4) of subdivision (b) of Section 21080 of the Public Resources Code.

(b) Actions under this section shall not include the construction of new canals or major new infrastructure, but may include infrastructure improvements such as, without limitation, the installation of more efficient irrigation systems or the lining of canals, and shall be limited to projects that reduce or make more efficient the use or distribution of Colorado River water and shall not include projects that develop replacement water supplies.

(c) (1) The Natural Resources Agency shall promptly post any concurrences under this section on its internet website and shall annually report any such concurrences to the Legislature.

(2) The report required pursuant to paragraph (1) shall be submitted in accordance with Section 9795 of the Government Code.

(d) This section does not waive or suspend any other permitting requirements applicable to the public agency actions described herein.

SEC. 39.

Section 13198.8 of the Water Code is repealed.

SEC. 40.

Section 13260 of the Water Code is amended to read:

13260.

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

(1) A 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) A 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) A person operating, or proposing to construct, an injection well.

(b) A report of waste discharge need not be filed pursuant to subdivision (a) if the requirement is waived pursuant to Section 13269.

(c) Each 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 who is subject to subdivision (a) or (c), or Section 13523 or 13523.1, 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, waivers of waste discharge requirements, water recycling requirements, and master recycling permits.

(C) Recoverable costs may include, but are not limited to, costs incurred in reviewing waste discharge and water recycling reports; prescribing terms of waste discharge requirements, waivers of waste discharge requirements, water recycling requirements, master recycling permits, and monitoring requirements; enforcing and evaluating compliance with those requirements, waivers, and permits; conducting surface water and groundwater monitoring and modeling; analyzing laboratory samples; adopting, reviewing, and revising water quality control plans, state policies for water quality control, and recycling criteria; reviewing documents prepared for the purpose of regulating the discharge of waste or water recycling; and administrative costs incurred in connection with carrying out these actions.

(D) In establishing the amount of a fee that may be imposed on a confined animal feeding and holding operation pursuant to this section, including, but not limited to, a dairy farm, the state board shall consider all of the following factors:

(i) The size of the operation.

(ii) Whether the operation has been issued a permit to operate pursuant to Section 1342 of Title 33 of the United States Code.

(iii) Any applicable waste discharge requirement or conditional waiver of a waste discharge requirement.

(iv) The type and amount of discharge from the operation.

(v) The pricing mechanism of the commodity produced.

(vi) Any compliance costs borne by the operation pursuant to state and federal water quality regulations.

(vii) Whether the operation participates in a quality assurance program certified by a regional water quality control board, the state board, or a federal water quality control agency.

(2) (A) Subject to subparagraph (B), the 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) A 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 person that discharges waste in a manner regulated by this section shall pay an annual fee to the state board. The state board shall establish, by regulation, a timetable for the payment of the 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, are not 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 those fees are again due, at which time the fees shall become due on an annual basis.

(j) A 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 Geologic Energy Management Division 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 a 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. 41.

Section 13523 of the Water Code is amended to read:

13523.

(a) Each regional board, after consulting with and receiving the recommendations of the State Department of Public Health and any party who has requested in writing to be consulted, and after any necessary hearing, shall, if in the judgment of the board, it is necessary to protect the public health, safety, or welfare, prescribe water recycling requirements for water that is used or proposed to be used as recycled water.

(b) The requirements may be placed upon the person recycling water, the user, or both. The requirements shall be established in conformance with the uniform statewide recycling criteria established pursuant to Section 13521. The regional board may require the submission of a preconstruction report for the purpose of determining compliance with the uniform statewide recycling criteria. The requirements for a use of recycled water not addressed by the uniform statewide recycling criteria shall be considered on a case-by-case basis.

SEC. 42.

Item 3940-162-8506 of Section 2.00 of the Budget Act of 2021 is amended to read:

3940-162-8506—For local assistance, State Water Resources Control Board, payable from the Coronavirus Fiscal Recovery Fund of 2021 ........................				985,000,000
	Schedule:
	(1)	3560-Water Quality ........................	985,000,000
	Provisions:
	1.	The amounts appropriated in this item are available to forgive residential and commercial customer arrearages and water and wastewater enterprise revenue shortfalls where those arrearages and revenue shortfalls occurred during the period commencing March 4, 2020, through December 31, 2022, as a result of the COVID-19 pandemic.
	2.	The amounts appropriated in this item are available for transfer, up to 3 percent of the item, upon the order of the Department of Finance, between state operations and local assistance.
	3.	No funds may be expended pursuant to this item unless subsequent legislation is enacted further specifying conditions for the expenditure of those funds.

SEC. 43.

Section 106 of Chapter 73 of the Statutes of 2021, as amended by Section 58 of Chapter 569 of the Statutes of 2022, is amended to read:

Section 106.

(a) The total sum of eight hundred twenty-two million four hundred thousand dollars ($822,400,000) is hereby appropriated from the General 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, four hundred thirty-one million four hundred thousand dollars ($431,400,000).

(B) Of the amount specified in subparagraph (A), three hundred million dollars ($300,000,000) 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 25323.3 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) 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.

(I) 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.

(II) 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.

(III) 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, two hundred million dollars ($200,000,000).

(B) Of the amount specified in subparagraph (A), one hundred million dollars ($100,000,000) shall be allocated from the General Fund for the following:

(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.

(3) (A) For the 2023–24 fiscal year, one hundred ninety-one million dollars ($191,000,000).

(B) Of the amount specified in subparagraph (A), one hundred million dollars ($100,000,000) shall be allocated from the General Fund for the following:

(C) Of the amount specified in subparagraph (A), the Director of Finance may transfer up to ninety-one million dollars ($91,000,000) 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.

(b) (1) 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.

(2) Notwithstanding any other law, the funding appropriated in this subdivision shall be available for encumbrance for three fiscal years after the fiscal year in which the funds are released.

(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) 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).

(g) (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).

SEC. 44.

Section 95 of Chapter 50 of the Statutes of 2022 is repealed.

SEC. 45.

With respect to Section 20, 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 the Old Town San Diego State Historic Park is a unique cultural, historical, and recreational resource in the City of San Diego.

SEC. 46.

With respect to Section 21, which adds Article 4 (commencing with Section 5081) to Chapter 1.2 of Division 5 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 need for labor peace agreements relating to the operation of a hotel on land owned or controlled by the state in the Old Sacramento State Historic Park.

SEC. 47.

No reimbursement is required by this act pursuant to Section 6 of Article XIII B of the California Constitution because a local agency or school district has the authority to levy service charges, fees, or assessments sufficient to pay for the program or level of service mandated by this act or because costs that may be incurred by a local agency or school district will be incurred because this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIII B of the California Constitution.

SEC. 48.

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.

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Bill Text: CA SB122 | 2023-2024 | Regular Session | Chaptered

California Senate Bill 122

LEGISLATIVE COUNSEL'S DIGEST

Digest Key

Bill Text

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

SECTION 1.

SEC. 2.

SEC. 3.

1021.8.

SEC. 4.

1610.

SEC. 5.

CHAPTER 11.5. Western Joshua Tree Conservation Act

1927.

1927.1.

1927.2.

1927.3.

1927.4.

1927.5.

1927.6.

1927.7.

1927.8.

1927.9.

1927.10.

1927.11.

1927.12.

SEC. 6.

4101.4.

SEC. 7.

4104.

SEC. 8.

4104.5.

SEC. 9.

4105.5.

SEC. 10.

4109.

SEC. 11.

SEC. 12.

25502.

SEC. 13.

38562.2.

SEC. 14.

116773.2.

SEC. 15.

116773.4.

SEC. 16.

116773.6.

SEC. 17.

116773.8.

SEC. 18.

716.

SEC. 19.

3258.

SEC. 20.

5080.18.

SEC. 21.

Article 4. Old Sacramento State Historic Park

5081.

5082.

5083.

SEC. 22.

42034.2.

SEC. 23.

71154.

SEC. 24.

SEC. 25.

1242.1.

SEC. 26.

1242.2.

SEC. 27.

1242.3.

SEC. 28.

1831.

SEC. 29.

1846.

SEC. 30.

6300.

SEC. 31.