Bill Text: CA AB1820 | 2017-2018 | Regular Session | Amended
Bill Title: Public resources.
Spectrum: Committee Bill
Status: (Engrossed - Dead) 2018-07-05 - Ordered to inactive file at the request of Senator Mitchell. [AB1820 Detail]
Download: California-2017-AB1820-Amended.html
Amended
IN
Senate
June 11, 2018 |
Assembly Bill | No. 1820 |
Introduced by Committee on Budget (Assembly Members Ting (Chair), Arambula, Bloom, Caballero, Chiu, Cooper, |
January 10, 2018 |
LEGISLATIVE COUNSEL'S DIGEST
This bill would express the intent of the Legislature to enact statutory changes relating to the Budget Act of 2018.
Digest Key
Vote: MAJORITY Appropriation:Bill Text
The people of the State of California do enact as follows:
SECTION 1.
Section 712.1 is added to the Fish and Game Code, to read:712.1.
(a) (1) The department’s mission is to manage California’s diverse fish, wildlife, and plant resources, and the habitats upon which they depend, for their ecological values and for their use and enjoyment of the public.SEC. 2.
Section 49012 of the Food and Agricultural Code is amended to read:49012.
For purposes of this chapter, the following definitions shall apply:SEC. 3.
Section 49013 of the Food and Agricultural Code is amended to read:49013.
(a) The Nutrition Incentive Matching Grant Account is hereby created in the Department of Food and Agriculture Fund to collect matching funds from the federal Food Insecurity Nutrition Incentive Grant Program (7 U.S.C. Sec. 7517), if available, and from other public and private sources, to provide grants under the Nutrition Incentive Matching Grant Program. The Nutrition Incentive Matching Grant Program shallSEC. 4.
Section 49014 of the Food and Agricultural Code is amended to read:49014.
The Nutrition Incentive Matching Grant Program shall be administered in accordance with all of the following:SEC. 5.
Section 49015 is added to the Food and Agricultural Code, to read:49015.
(a) For purposes of this section, the following definitions shall apply:SEC. 6.
Section 49016 is added to the Food and Agricultural Code, to read:49016.
The receipt of a grant under either program established in this chapter shall not preclude an entity from being eligible to receive a grant under the other program.SEC. 7.
Section 4216.6 of the Government Code is amended to read:4216.6.
(a) (1) Any operator or excavator who negligently violates this article is subject to a civil penalty in an amount not to exceed ten thousand dollars ($10,000).SEC. 8.
Section 4216.19 of the Government Code is amended to read:4216.19.
(a) The board shall investigate possible violations of this article.(f)This section shall become operative on July 1,
2020.
SEC. 9.
Section 27338 of the Government Code is amended to read:27338.
A deed, instrument, or other document related to a conveyance that is subject to Section 8560 of the Public Resources CodeSEC. 10.
Section 51283 of the Government Code is amended to read:51283.
(a) Prior to any action by the board or council giving tentative approval to the cancellation of any contract, the county assessor of the county in which the land is located shall determine the current fair market value of the land as though it were free of the contractual restriction. The assessor shall certify to the board or council the cancellation valuation of the land for the purpose of determining the cancellation fee. At the same time, the assessor shall send a notice to the landowner and the Department of Conservation indicating the current fair market value of the land as though it were free of the contractual restriction and advise the parties, that upon their request, the assessor shall provide all information relevant to the valuation, excluding third-party information. If any information is confidential or otherwise protected from release, the department and the landowner shall hold it as confidential and return or destroy any protected information upon termination of all actions relating to valuation or cancellation of the contract on the property. The notice shall also advise the landowner and the department of the opportunity to request formal review from the assessor.SEC. 11.
Section 39603.1 is added to the Health and Safety Code, to read:39603.1.
(a) Notwithstanding any other law, the state board may provide advance payments to grantees of a grant program or project if the state board determines all of the following:SEC. 12.
Section 43019.1 is added to the Health and Safety Code, to read:43019.1.
(a) (1) The state board may adopt a schedule of fees to cover all or a portion of the state board’s reasonable costs associated with the certification, audit, and compliance of off-road or nonvehicular engines and equipment, aftermarket parts, and emissions control components sold in the state, as authorized pursuant to Sections 43013 and 43018 of this code and subdivision (h) of Section 27156 of the Vehicle Code. For purposes of this paragraph, “reasonable costs” does not include the state board’s costs recovered in a fee assessed pursuant to Section 43019.SEC. 13.
Section 43019.2 is added to the Health and Safety Code, to read:43019.2.
The Certification and Compliance Fund is hereby created in the State Treasury. All moneys in the fund, upon appropriation by the Legislature, shall be expended by the state board for the activities described in Section 43019.1.SEC. 14.
Section 43019.3 is added to the Health and Safety Code, to read:43019.3.
The state board shall undertake a public process to review the existing procedures for exempting parts pursuant to Section 27156 of the Vehicle Code with the goal of streamlining the process for issuing executive orders. The state board, through a public process, shall consider the effective use of outside resources and structural changes to the review process to bring parts to market sooner and that meet all applicable requirements of law and regulation.SEC. 15.
Section 116365 of the Health and Safety Code is amended to read:116365.
(a) The state board shall adopt primary drinking water standards for contaminants in drinking water that are based upon the criteria set forth in subdivision (b) and shall not be less stringent than the national primary drinking water standards adopted by the United States Environmental Protection Agency. A primary drinking water standard adopted by the state board shall be set at a level that is as close as feasible to the corresponding public health goal placing primary emphasis on the protection of public health, and that, to the extent technologically and economically feasible, meets all of the following:SEC. 16.
Section 2774 of the Public Resources Code is amended to read:2774.
(a) Every lead agency shall adopt ordinances in accordance with state policy that establish procedures for the review and approval of reclamation plans and financial assurances and the issuance of a permit to conduct surface mining operations, except that any lead agency without an active surface mining operation in its jurisdiction may defer adopting an implementing ordinance until the filing of a permit application. The ordinances shall establish procedures requiring at least one public hearing and shall be periodically reviewed by the lead agency and revised, as necessary, to ensure that the ordinances continue to be in accordance with state policy.(d)No later than July 1 of each year, the lead agency shall submit to the supervisor for each active or idle surface mining operation within the lead agency’s jurisdiction the
following information:
(1)A
copy of any permit or reclamation plan amendments, as applicable.
(2)A statement that there have been no changes during the previous year, as applicable.
(3)The date of each surface mining operation’s last inspection.
(4)The date of each surface mining operation’s last financial assurance review pursuant to Section 2773.1 for each operation listed.
(e)
SEC. 17.
Section 2774.2.5 is added to the Public Resources Code, to read:2774.2.5.
(a) A lead agency shall submit to the supervisor, in an electronic format determined by the Division of Mine Reclamation, official copies of all of the following:SEC. 18.
Section 3113 is added to the Public Resources Code, to read:3113.
(a) Notwithstanding Section 10231.5 of the Government Code, the division shall, in compliance with Section 9795 of the Government Code, annually prepare and transmit to the Legislature a report of all of the following information statewide and by district:SEC. 19.
Section 4213.05 of the Public Resources Code is amended to read:4213.05.
(a) Commencing with the 2017–18 fiscal year, the fire prevention fee imposed pursuant to Section 4212 shall be suspended, effective July 1, 2017. Any moneys held in reserve in the State Responsibility Area FireSEC. 20.
Section 5010.6 of the Public Resources Code is amended to read:5010.6.
(a) For purposes of this section, “subaccount” means the State Parks Revenue Incentive Subaccount created pursuant to this section.(f)The funds in the subaccount shall be available for encumbrance and expenditure until June 30, 2019, and for liquidation until June 30, 2021.
(g)This section shall become inoperative on June 30, 2021, and, as of January 1, 2022, is repealed, unless a later enacted statute, that becomes operative on or before January 1, 2022, deletes or extends the dates on which it becomes inoperative and is repealed.
SEC. 21.
Section 5010.6.5 of the Public Resources Code is repealed.On July 1, 2021, the Controller shall transfer any unexpended funds remaining in the State Parks Revenue Incentive Subaccount created pursuant to Section 5010.6 to the State Parks and Recreation Fund.
SEC. 22.
Section 5010.7 of the Public Resources Code is amended to read:5010.7.
(a) The department shall develop a revenue generation program as an essential component of a long-term sustainable park funding strategy. On or before July 1, 2014, and annually thereafter, the department shall assign a revenue generation target to each district under the control of the department. The department shall develop guidelines for districts to report the use of funds generated by the revenue generation program, and shall post information and copies of the reports on its Internet Web site.(d)Moneys transferred to the State Parks Revenue Incentive Subaccount pursuant to subdivision (c) shall be expended as follows:
(1)(A)The department shall allocate 50 percent of the total amount of revenues deposited into the State Parks Revenue Incentive Subaccount pursuant to subdivision (c), generated by a park district to that district if the amount of revenues generated exceeds the targeted revenue amount prescribed in the revenue generation program. The revenues to be allocated to a park district that fails to achieve the revenue target shall remain in the subaccount.
(e)
(f)
(g)
(h)
SEC. 23.
Section 5093.54 of the Public Resources Code is amended to read:5093.54.
The following rivers and segments thereof are designated as components of the system:(3)This subdivision shall become operative on January 1, 2001.
(k)
SEC. 24.
Section 5093.545 of the Public Resources Code is amended to read:5093.545.
The classifications heretofore established by the secretary for the rivers or segments of rivers included in the system are revised and adopted as follows:Rivers | Classification | ||
(a) | Klamath River: The Klamath River from the | ||
FERC Project 2082 downstream boundary in Section 17 T47N R5W as shown on Exhibit K-7 sheet 1 dated May 25, 1962, to the river mouth at the Pacific Ocean | Recreational | ||
(b) | Scott River: | ||
(1) | The Scott River from Shackleford Creek to McCarthy Creek | Recreational | |
(2) | The Scott River from McCarthy Creek to Scott Bar | Scenic | |
(3) | The Scott River from Scott Bar to the confluence with the Klamath River | Recreational | |
(c) | Salmon River: | ||
(1) | The Salmon River from the Forks of Salmon to the Lewis Creek confluence | Recreational | |
(2) | The Salmon River from the Lewis Creek confluence to the Wooley Creek confluence | Scenic | |
(3) | The Salmon River from the Wooley Creek confluence to the confluence with the Klamath River | Recreational | |
(4) | The South Fork of the Salmon River from Cecilville to St. Claire Creek confluence | Recreational | |
(5) | The South Fork from St. Claire Creek confluence to the Matthews Creek confluence | Scenic | |
(6) | The South Fork from Matthews Creek confluence to the Forks of Salmon | Recreational | |
(7) | The North Fork of the Salmon River from Marble Mountain Wilderness boundary to Mule Bridge Campground in Section 35 T12N R11W and Section 12 T11N R11W | Wild | |
(8) | The North Fork from Mule Bridge Campground to the Forks of Salmon | Recreational | |
(9) | Wooley Creek from the Marble Mountain Wilderness Area boundary to1/2 mile upstream of the confluence with Salmon River | Wild | |
(10) | Wooley Creek downstream1/2 mile above the confluence with the Salmon River | Recreational | |
(d) | Trinity River: | ||
(1) | The Trinity River from 100 yards below Lewiston Dam to Cedar Flat Creek confluence | Recreational | |
(2) | The
Trinity River from Cedar Flat Creek confluence to Gray Falls | Scenic | |
(3) | The Trinity River from Gray Falls to the west boundary of Section 2 T8N R4E | Recreational | |
(4) | The Trinity River from the west boundary of Section 2 T8N R4E to the confluence with the Klamath River at Weitchpec | Scenic | |
(5) | The North Fork of the Trinity River from the Trinity Alps Primitive Area boundary to north boundary Section 20 T34N R11W | Wild | |
(6) | The North Fork from the north boundary Section 20 T34N R11W to mouth | Recreational | |
(7) | The South Fork Trinity River from Forest Glen to Hidden Valley Ranch | Wild | |
(8) | The South Fork from Hidden Valley Ranch to the Naufus Creek confluence in Section 8 T1N R7E | Scenic | |
(9) | The South Fork from the Naufus Creek confluence in Section 8 T1N R7E to Johnson Creek confluence near the boundary of Sections 13 and 14 T2N R6E | Wild | |
(10) | The South Fork from Johnson Creek confluence near the boundary of Sections 13 and 14 T2N R6E to the boundary of Sections 25 and 36 T2N R6E | Scenic | |
(11) | The South Fork from the boundary of Sections 25 and 36 T2N R6E to the footbridge near the mouth of Underwood Creek in Section 17 T4N R6E Humboldt Base and Meridian | Recreational | |
(12) | The South Fork from the footbridge near the mouth of Underwood Creek in Section 17 T4N R6E to Todd Ranch in Section 18 T5N R5E | Wild | |
(13) | The South Fork from Todd Ranch in Section 18 T5N R5E to the confluence with Main Trinity | Scenic | |
(14) | New River from the Salmon Trinity Primitive Area boundary to the junction with the East Fork New River in Section 23 T7N R7E | Wild | |
(15) | New River from the junction with the East Fork New River in Section 23 T7N R7E to 100 yards below Panther Creek Campground in Section 18 T6N R7E | Recreational | |
(16) | New River from 100 yards below Panther Creek Campground in Section 18 T6N R7E to Dyer Creek confluence in Section 25 T26N R6E | Scenic | |
(17) | New River from Dyer Creek confluence in Section 25 T26N R6E to the confluence with Trinity River | Wild | |
(e) | Smith River: | ||
(1) | Smith River from the confluence of the Middle and South Forks to its mouth at the Pacific Ocean | Recreational | |
(2) | Middle Fork Smith River from its source about 3 miles south of Sanger Lake as depicted on 1956 USGS 15´ “Preston Peak” topographic map to the middle of Section 7 T17N R5E | Wild | |
(3) | Middle Fork Smith River from the middle of Section 7 T17N R5E to the middle of Section 6 T17N R5E | Scenic | |
(4) | Middle Fork Smith River from middle of Section 6 T17N R5E to one-half mile upstream from the confluence with Knopki Creek | Wild | |
(5) | Middle Fork Smith River from one-half mile upstream from the confluence with Knopki Creek to the confluence with South Fork Smith River | Recreational | |
(6) | Myrtle Creek from its source in Section 9 T17N R1E as depicted on 1952 USGS 15´ “Crescent City” topographic map to the middle of Section 28 T17N R1E | Recreational | |
(7) | Myrtle Creek from the middle of Section 28 T17N R1E to the confluence with the Middle Fork Smith River | Recreational | |
(8) | Shelly Creek from its source in Section 1 T18N R3E as depicted on 1951 USGS 15´ “Gasquet” topographic map to the confluence with Patrick Creek | Recreational | |
(9) | Kelly Creek from its source in Section 32 T17N R3E as depicted on 1951 USGS 15´ “Gasquet” topographic map to the confluence with the Middle Fork Smith River | Recreational | |
(10) | Packsaddle Creek from its source about 0.8 miles southwest of Broken Rib Mountain as depicted on 1956 USGS 15´ “Preston Peak” topographic map to the eastern boundary of Section 3 T17N R1E | Recreational | |
(11) | Packsaddle Creek from the eastern boundary of Section 3 T17N R4E to the northern boundary of Section 3 T17N R4E | Recreational | |
(12) | Packsaddle Creek from the northern boundary of Section 3 T17N R4E to the confluence with the Middle Fork of Smith River | Recreational | |
(13) | East Fork Patrick Creek from its source in Section 10 T18N R3E as depicted on 1951 USGS 15´ “Gasquet” topographic map to the confluence with the West Fork Patrick Creek | Recreational | |
(14) | West Fork Patrick Creek from its source in Section 18 T18N R3E as depicted on 1951 USGS 15´ “Gasquet” topographic map to the confluence with the East Fork Patrick Creek | Recreational | |
(15) | Griffin Creek from its source about 0.2 miles southwest of Hazel View Summit as depicted on 1956 USGS 15´ “Preston Peak” topographic map to the confluence with the Middle Fork Smith River | Recreational | |
(16) | Knopki Creek from its source about 0.4 miles west of Sanger Peak as depicted on 1956 USGS 15´ “Preston Peak” topographic map to the confluence with the Middle Fork Smith River | Recreational | |
(17) | Monkey Creek from its source in the northeast quadrant of Section 12 T18N R3E as depicted on 1951 USGS 15´ “Gasquet” topographic map to the northern boundary of Section 26 T18N R3E | Recreational | |
(18) | Monkey Creek from the northern boundary of Section 26 T18N R3E to the confluence with the Middle Fork of Smith River | Recreational | |
(19) | Patrick Creek from the junction of East and West Forks of Patrick Creek to the confluence with the Middle Fork Smith River | Recreational | |
(20) | North Fork Smith River from the California-Oregon boundary to the confluence with an unnamed tributary in the northern quarter Section 5 T18N R2E as depicted on 1951 USGS 15´ “Gasquet” topographic map | Wild | |
(21) | North Fork Smith River from the confluence with an unnamed tributary in the northern quarter of Section 5 T18N R2E to the southernmost intersection of the eastern boundary of Section 5 T18N R2E as depicted on 1951 USGS 15´ “Gasquet” topographic map | Scenic | |
(22) | North Fork Smith River from the southernmost intersection of the eastern boundary Section 5 T18N R2E as depicted on 1951 USGS 15´ “Gasquet” topographic map to the confluence with Stony Creek | Wild | |
(23) | North Fork Smith River from the confluence with Stony Creek to the confluence with the Middle Fork of the Smith River | Recreational | |
(24) | Diamond Creek from the California-Oregon state boundary to the confluence with High Plateau Creek | Recreational | |
(25) | Diamond Creek from the confluence with High Plateau Creek to the confluence with the North Fork Smith River | Recreational | |
(26) | Bear Creek from its source in Section 24 T18N R2E as depicted on 1951 USGS 15´ “Gasquet” topographic map to the confluence with Diamond Creek | Recreational | |
(27) | Still Creek from its source in Section 11 T18N R1E as depicted on 1952 USGS 15´ “Crescent City” topographic map to the confluence with the North Fork Smith River | Recreational | |
(28) | North Fork Diamond Creek from the California-Oregon state boundary to the confluence with Diamond Creek | Recreational | |
(29) | High Plateau Creek from its source in Section 26 T18N R2E as depicted on 1951 USGS 15´ “Gasquet” topographic map to the northern boundary Section 23 T18N R2E | Recreational | |
(30) | High Plateau Creek from the northern boundary Section 23 T18N R2E to the confluence with Diamond Creek | Recreational | |
(31) | Siskiyou Fork of Smith River from its source about 0.7 miles southeast of Broken Rib Mountain as depicted on 1956 USGS 15´ “Preston Peak” topographic map to the confluence with the South Siskiyou Fork of the Smith River | Wild | |
(32) | Siskiyou Fork of the Smith River from the confluence with the South Siskiyou Fork of the Smith River to the confluence with the Middle Fork of the Smith River | Recreational | |
(33) | South Siskiyou Fork of the Smith River from its source about 0.6 miles southwest of Buck Lake as depicted on 1956 USGS 15´ “Preston Peak” topographic map to the confluence with the Siskiyou Fork of the Smith River | Wild | |
(34) | South Fork Smith River from its source about 0.5 miles southwest of Bear Mountain as depicted on 1956 USGS 15´ “Preston Peak” topographic map to Blackhawk Bar | Wild | |
(35) | South Fork Smith River from Blackhawk Bar to the confluence with the Middle Fork Smith River | Recreational | |
(36) | Williams Creek from its source in Section 31 T14N R4E as depicted on 1952 USGS 15´ “Ship Mountain” topographic map to the confluence with Eight Mile Creek | Recreational | |
(37) | Eight Mile Creek from its source in Section 29 T14N R4E as depicted on 1955 USGS 15´ “Dillon Mtn.” topographic map to the confluence with the South Fork Smith River | Recreational | |
(38) | Prescott Fork of the Smith River from its source about 0.5 miles southeast of Island Lake as depicted on 1955 USGS 15´ “Dillon Mtn.” topographic map to the confluence with the South Fork Smith River | Recreational | |
(39) | Quartz Creek from its source in Section 31 T16N R4E as depicted on 1952 USGS 15´ “Ship Mountain” topographic map to the confluence with the South Fork Smith River | Recreational | |
(40) | Jones Creek from its source in Section 36 T16N R3E as depicted on 1952 USGS 15´ “Ship Mountain” topographic map to the middle of Section 5 T15N R3E | Recreational | |
(41) | Jones Creek from the middle of Section 5 T15N R3E to the confluence with the South Fork of the Smith River | Recreational | |
(42) | Hurdygurdy Creek from its source about 0.4 miles southwest of Bear Basin Butte as depicted on 1956 USGS 15´ “Preston Peak” topographic map to the confluence with the South Fork Smith River | Recreational | |
(43) | Gordon Creek from its source in Section 18 T16N R3E as depicted on 1951 USGS 15´ “Gasquet” topographic map to the confluence with the South Fork Smith River | Recreational | |
(44) | Coon Creek from the junction of the two source tributaries in the southwest quadrant of Section 31 T17N R3E as depicted on 1951 USGS 15´ “Gasquet” topographic map to the western boundary of Section 14 T16N R2E | Recreational | |
(45) | Coon Creek from the western boundary of Section 14 T16N R2E to the confluence with the South Fork Smith River | Recreational | |
(46) | Craigs Creek from its source in Section 36 T17N R2E as depicted on 1951 USGS 15´ “Gasquet” topographic map to the confluence with the South Fork Smith River | Recreational | |
(47) | Buck Creek from its source at Cedar Camp Spring as depicted on 1952 USGS 15´ “Ship Mountain” topographic map to the confluence with the South Fork Smith River | Recreational | |
(48) | Muzzleloader Creek from its source in Section 2 T15N R3E as depicted on 1952 USGS 15´ “Ship Mountain” topographic map to the confluence with Jones Creek | Recreational | |
(49) | Canthook Creek from its source in Section 2 T15N R2E as depicted on 1952 USGS 15´ “Ship Mountain” topographic map to the confluence with the South Fork Smith River | Recreational | |
(f) | Eel River: | ||
(1) | The Eel River from 100 yards below Van Arsdale Dam to the confluence with Tomki Creek | Recreational | |
(2) | The Eel River from the confluence with Tomki Creek to the middle of Section 22 T19N R12W | Scenic | |
(3) | The Eel River from the middle of Section 22 T19N R12W to the boundary between Sections 7 and 8 T19N R12W | Recreational | |
(4) | The Eel River
from the boundary between Sections 7 and 8 T19N R12W to the confluence with Outlet Creek | Wild | |
(5) | The Eel River from the confluence with Outlet Creek to the mouth at the Pacific Ocean | Recreational | |
(6) | The South Fork of the Eel River from the mouth of Section Four Creek near Branscomb | Recreational | |
(7) | The South Fork of the Eel River from Horseshoe Bend to the middle of Section 29 T23N R16W | Wild | |
(8) | The South Fork of the Eel River from the middle of Section 29 T23N R16W to the confluence with the main Eel near Weott | Recreational | |
(9) | Middle Fork of the Eel River from the intersection of the river with the southern boundary of the Middle Eel-Yolla Bolly Wilderness Area to the Eel River Ranger Station | Wild | |
(10) | The Middle Fork of the Eel River from Eel River Ranger Station to Williams Creek | Recreational | |
(11) | The Middle Fork of the Eel River from Williams Creek to the southern boundary of the northern quarter of Section 25 T22N R12W | Scenic | |
(12) | The Middle Fork of the Eel River from the southern boundary of the northern quarter of Section 25 T22N R12W to the boundary between Sections 4 and 5 T21N R13W | Wild | |
(13) | The Middle Fork of the Eel River from the boundary between Sections 4 and 5 T21N R13W to the confluence with main Eel at Dos Rios | Recreational | |
(14) | The North Fork of the Eel River from the Old Gilman Ranch to the middle of Section 8 T24N R13W | Wild | |
(15) | The North Fork of the Eel River from the middle of Section 8 T24N R13W to the boundary between Sections 12 and 13 T24N R14W | Recreational | |
(16) | The North Fork of the Eel River from the boundary between Sections 12 and 13 T24N R14W to the confluence with main Eel | Wild | |
(g) | Van Duzen River: | ||
(1) | The Van Duzen River from the Dinsmore Bridge to the powerline crossing above Little Larribee Creek | Scenic | |
(2) | The Van Duzen River from the powerline crossing above Little Larribee Creek to the confluence with Eel River | Recreational | |
(h) | Lower American River: The Lower Ameri- | ||
can River from Nimbus Dam to its junction with the Sacramento River | Recreational | ||
(i) | North Fork American River: | ||
(1) | The North Fork from the source of the North Fork American River to two and one-half miles above the Forest Hill-Soda Springs Road | Wild | |
(2) | The North Fork from two and one-half miles above the Forest Hill-Soda Springs Road to one-half mile below the Forest Hill-Soda Springs Road | Scenic | |
(3) | The North Fork from one-half mile below the Forest Hill-Soda Springs Road to one-quarter mile above the Iowa Hill Bridge | Wild | |
(4) | The North Fork from one-quarter mile above the Iowa Hill Bridge to the Iowa Hill Bridge | Scenic | |
(j) | West Walker River: | ||
(1) | West Walker River from Tower Lake to northern boundary of Section 10 (T5N, R22E) | Wild | |
(2) | West Walker River From northern boundary of Section 10 (T5N, R22E) to the eastern boundary of Section 23 (T6N, R22E) | Scenic | |
(3) | West Walker River from the eastern boundary of Section 23 (T6N, R22E) to the eastern boundary of Section 24 (T6N, R22E) | Recreational | |
(4) | West Walker River from the eastern boundary of Section 24 (T6N, R22E) to the confluence with Little Walker River | Scenic | |
(5) | West Walker River from the confluence with Little Walker River to the confluence with Rock Creek | Recreational | |
(6) | Leavitt Creek from Leavitt
Falls to the confluence with West Walker River | Scenic | |
(k) | East Fork Carson River: East Fork | ||
Carson River from Hangman’s Bridge crossing of state Highway 89 to the California-Nevada border | Scenic | ||
(l) | (1) The South Yuba River: | ||
(A) The
South Yuba River from Lang Crossing to the confluence with Fall Creek | Scenic | ||
(B) The South Yuba River from the confluence with Fall Creek to the confluence with Jefferson Creek below the Town of Washington | Recreational | ||
(C) The South Yuba River from the confluence with Jefferson Creek to Edwards Crossing | Scenic | ||
(D) The South Yuba River from Edwards Crossing to its confluence with Kentucky Creek below Bridgeport | Scenic | ||
(2) | This subdivision shall become operative January 1, 2001. | ||
(m) | Albion River: The Albion River from one-fourth | ||
mile upstream of its confluence with Deadman Gulch downstream to its mouth at the Pacific Ocean | Recreational | ||
(n) | Gualala River: The main stem Gualala | ||
River from the confluence of the North and South Forks to the Pacific Ocean | Recreational | ||
(o) | Cache Creek: | ||
(1) | North Fork Section: From Highway 20 two miles downstream to the confluence of Cache Creek and the North Fork Cache Creek | Scenic | |
(2) | Mainstem Section: | ||
(A) 1/4mile downstream of Cache Creek Dam to the confluence with Davis Creek | Wild | ||
(B) Davis Creek confluence to 1 mile downstream of Davis Creek confluence | Scenic | ||
(C) 1 mile downstream of Davis Creek confluence to western boundary of Section 6 T12N R4W | Wild | ||
(D) Western boundary of Section 6 to the confluence with Bear Creek | Scenic | ||
(E) Bear Creek confluence to Camp Haswell | Recreational | ||
(p) | Mokelumne River: | ||
(1) | Segment A1: North Fork Mokelumne River from 0.50 miles downstream of the Salt Springs Dam to Bear River confluence | Recreational | |
(2) | Segment A2: North Fork Mokelumne River from the Bear River confluence to 0.50 miles upstream of the Tiger Creek Powerhouse | Wild | |
(3) | Segment B: North Fork Mokelumne River
from 1,000 feet downstream of the Tiger Creek Afterbay Dam to State Highway Route 26 (SR-26) | Scenic | |
(4) | Segment C1: North Fork Mokelumne River from 400 feet downstream of the small reregulating dam at the outlet of the West Point Powerhouse to the southern boundary of Section 12, T6N R12E | Wild | |
(5) | Segment C2: Section 12 boundary to confluence of the North and Middle Forks Mokelumne River | Recreational | |
(6) | Segment D: Mokelumne River from the confluence of the North and Middle Forks to 300 feet upstream of the Electra Powerhouse | Scenic | |
(7) | Segment E: Mokelumne River from 300 feet downstream of the small reregulating dam downstream of the
Electra Powerhouse to the Pardee Reservoir flood surcharge pool at 580 feet elevation above mean sea level | Recreational |
SEC. 25.
Section 5093.548 of the Public Resources Code is repealed.(a)Notwithstanding Section 5093.547, prior to the designation of the Mokelumne River, its tributaries, or segments thereof as additions to the system, the secretary shall study and submit to the Governor and the Legislature a report that analyzes the suitability or nonsuitability of the proposed designation. The suitability analysis contained in the report shall consider all of the following:
(1)The potential effects of the proposed designation on the ability of public agencies and
utilities within the Mokelumne River watershed to meet current and projected future water requirements through the development of new and more reliable water supplies from the Mokelumne River and its tributaries. When considering projected future water requirements, the secretary shall only consider feasible projects to meet foreseeable demands.
(2)Any effects of climate change on river values described in Section 5093.50 and current and projected water supplies.
(3)The following feasibility studies and assessments included within the implementation plan of the Mokelumne Watershed Interregional Sustainability Evaluation, Final Report dated June 12, 2015: 7a, 7b, 7d, and 7f. The inclusion of these studies and assessments in this subdivision shall not be construed as an exemption
from wild and scenic designation.
(4)The instances when the secretary has determined pursuant to Section 5093.55 that a water diversion facility may be constructed on a river or segment of a river that is part of the system.
(5)The instances when the State Water Resources Control Board has approved an application to appropriate water from a river or a segment of a river that is part of the system and what restrictions, if any, were placed on the appropriation of water as a result of the river or segment of a river’s inclusion in the system.
(b)The report shall also include the information required in subdivision (b) of Section 5093.547 and the secretary’s recommendations and proposals with respect to the proposed designation.
(c)The report required for the segments of the Mokelumne River designated for potential addition to the system pursuant to Section 5093.549 shall be submitted to the Legislature and Governor no later than December 31, 2017, and shall include a clear recommendation on the suitability or nonsuitability for addition to the system of each of the designated
segments of the Mokelumne River.
(d)A study undertaken by the secretary pursuant to subdivision (a) shall provide for public input from a broad range of stakeholders.
(e)A report required to be submitted pursuant to subdivision (a) shall be submitted in compliance with Section 9795 of the Government Code.
(f)Until the completion of the study period and the implementation of any recommendation to add segments to the system, or December 31,
2021, whichever occurs first, no dam, reservoir, diversion, or other water impoundment facility may be constructed on any segment designated for study by the secretary as a potential addition to the system unless the secretary determines that the facility is needed to supply domestic water to the residents of the county or counties through which the river and segment flows and the secretary determines that the facility will not adversely affect the free-flowing condition and natural character of the river and segment. This subdivision shall not apply to, and shall not in any way affect, Amador Water Agency’s water rights application 5647X03 pending before the State Water Resources
Control Board.
(g)(1)The secretary shall develop a cost estimate of the study and report required by subdivision (c) and enter into a cost-sharing agreement with the Upper Mokelumne River Watershed Authority. The cost-sharing agreement shall require that the state pay not more than 50 percent of the cost of the study and report required by subdivision (c), with the remaining cost to be paid by the authority. The payment by the authority may consist of appropriated funds or a contribution of services.
(2)Nothing in this section shall preclude any private donations or contributions from interested parties to be used for the purposes of this subdivision.
SEC. 26.
Section 5093.549 of the Public Resources Code is repealed.The following segments of the North Fork and main stem Mokelumne River are hereby designated for potential addition to the system.
(a)The North Fork Mokelumne River from 0.50 miles downstream of the Salt Springs
97-006 Dam to 0.50 miles upstream of the Tiger Creek Powerhouse.
(b)The North Fork Mokelumne River from 1,000 feet downstream of the Tiger Creek Afterbay 97-105 Dam to State Highway Route 26.
(c)The North Fork Mokelumne River from 400 feet downstream of the small reregulating dam at the outlet of the West Point Powerhouse to the confluence of the North and Middle Forks of the Mokelumne River.
(d)The main stem of the Mokelumne River from the confluence of the North and Middle Forks to 300 feet
upstream of the Electra Powerhouse.
(e)The main stem of the Mokelumne River from 300 feet downstream of the small reregulating dam downstream of the Electra Powerhouse to the Pardee Reservoir flood surcharge pool at 580 feet elevation above mean sea level.
SEC. 27.
Section 5093.56 of the Public Resources Code is amended to read:5093.56.
No department or agency of the state may assist or cooperate, whether by loan, grant, license, or otherwise, with any department or agency of the federal, state, or local government, in the planning or construction of a dam, reservoir, diversion, or other water impoundment facility that could have an adverse effect on the free-flowing condition and natural character of(a)The rivers and segments thereof designated in Section 5093.54 as included in the system.
(b)The
segments of the Mokelumne River designated in Section 5093.549 for study by the secretary as potential additions
to the system until after the study period and implementation of any recommendations have been completed, or December 31, 2021, whichever occurs first. This subdivision shall not apply to, and shall not in any way affect, Amador Water Agency’s water rights application 5647X03 pending before the State Water Resources Control Board, or prejudice, alter, affect in any way, or interfere with the maintenance, repair, or operation by the Pacific Gas and Electric Company of the Mokelumne River Project (FERC 137) currently under the 2001 Federal Energy Regulatory Commission license for the project, the incorporated settlement agreement, any license amendments made with the agreement of the parties to the incorporated settlement agreement, and any adjustment of flows permitted to
occur pursuant to the license for enhancement of ecological resources.
SEC. 28.
Chapter 1.78 (commencing with Section 5097.999) is added to Division 5 of the Public Resources Code, to read:CHAPTER 1.78. California Indian Heritage Center
5097.999.
It is the intent of the Legislature that the department develop a California Indian Heritage Center for cultural preservation, learning and exchange, land stewardship, and a place to engage all visitors in celebrating the living cultures of California tribes.SEC. 29.
Section 5854 of the Public Resources Code is amended to read:5854.
(a) In accordance with the requirements of subdivision (c), the commission shall develop and adopt a plan and implementation program, including a finance and maintenance plan, for a continuous regional recreational corridor thatSEC. 30.
Section 8560 of the Public Resources Code is amended to read:8560.
(a) For purposes of this chapter, the following terms apply:SEC. 31.
Section 8610 of the Public Resources Code is amended to read:8610.
(a) There is in the State Treasury the Land Bank Fund, which fund is hereby created. All moneys in the fund are appropriated to the commission for expenditure, without regard to fiscal years, for the purposes of Section 8625. When performing the powers and duties set forth in this division, the commission shall be known as the Land Bank Trustee.SEC. 32.
Chapter 5 (commencing with Section 14420) is added to Division 12 of the Public Resources Code, to read:CHAPTER 5. Corpsmember Educational and Employment Outcome Reporting
14420.
For purposes of this chapter, “cohort” means all corpsmembers who permanently separate from the corps in a state fiscal year after having been enrolled for more than 60 days.14422.
It is the intent of the Legislature in enacting this chapter to evaluate how effectively the corps transitions corpsmembers into educational and employment opportunities upon completion of their service.14424.
(a) Commencing January 1, 2020, the corps shall report by December 31 of each year the total number of corpsmembers in the cohort who permanently separated from the corps during the state fiscal year that ended 18 months before the date the report is due.SEC. 33.
Section 14536.3 is added to the Public Resources Code, to read:14536.3.
A traffic officer, as defined in Section 625 of the Vehicle Code, or a peace officer, as specified in Section 830.1 of the Penal Code, may enforce this division as an authorized representative of the department.SEC. 34.
Section 14549.2 is added to the Public Resources Code, to read:14549.2.
(a) For purposes of this section, the following definitions shall apply:SEC. 35.
Section 14581 of the Public Resources Code is amended to read:14581.
(a) Subject to the availability of funds and in accordance with subdivision (b), the department shall expend the moneys set aside in the fund, pursuant to subdivision (c) of Section 14580, for the purposes of this section in the following manner:(8)(A)Up to ten million dollars ($10,000,000) may be expended annually by the department for market development payments for empty plastic beverage containers pursuant to Section 14549.2, until January 1, 2018.
(B)In addition to the amount specified in subparagraph (A), the department may expend the amount calculated pursuant to subparagraph (C) for market development payments for empty plastic beverage containers pursuant to Section 14549.2.
(C)The department shall calculate the amount authorized for expenditure pursuant to subparagraph (B) in the following manner:
(i)The department shall annually determine, on or before January 1, whether the amount of funds estimated to be necessary pursuant to clause (ii) of subparagraph (A) of paragraph (5) for deposit to a processing fee account established by the department for plastic beverage containers to make processing payments for plastic beverage containers for the current
calendar year is less than the total amount of funds that were estimated to be necessary the previous calendar year pursuant to clause (ii) of subparagraph (A) of paragraph (5) for deposit to that processing fee account.
(ii)If the amount estimated to be necessary for the current calendar year, as specified in clause (i), is less than the amount estimated to be necessary for the previous calendar year, the department shall calculate the amount of that difference.
(iii)The department shall expend an amount that is not greater than 50 percent of the amount calculated pursuant to clause (ii) for purposes of subparagraph (B).
(iv)If the department determines that the amount of funds authorized for expenditure pursuant to this
subparagraph is not needed to make plastic market development payments pursuant to subparagraph (B) in the calendar year for which that amount is allocated, the department may expend those funds during the following year.
(v)If the department determines that there are insufficient funds to both make the market development payments pursuant to subparagraph (B) and to deposit the amount required by clause (ii) of subparagraph (A) of paragraph (5), for purposes of making the processing payments and reducing the processing fees pursuant to Section 14575 for plastic beverage containers, the department shall suspend the implementation of this subparagraph and subparagraph (B).
(D)Subparagraphs (B) and (C) shall remain operative only until January 1,
2018.
(e)Subject to the availability of funds, the department shall retroactively pay in full any payments provided in this section that have been proportionally reduced during the period of January 1, 2010, through June 30, 2010.
SEC. 36.
Section 25301 of the Public Resources Code is amended to read:25301.
(a) At least every two years, the commission shall conduct assessments and forecasts of all aspects of energy industry supply, production, transportation, delivery and distribution, demand, and prices. The commission shall use these assessments and forecasts to develop and evaluate energy policies and programs that conserve resources, protect the environment, ensure energy reliability, enhance the state’s economy, and protect public health and safety. To perform these assessments and forecasts, the commission may require submission of demand forecasts, resource plans, market assessments, related outlooks, individual customer historic electric or gas service usage, or both, and individual customer historic billing data, in a format and level of granularity specified by the commission from electric and natural gas utilities, transportation fuel and technology suppliers, and other market participants. These assessments and forecasts shall be done in consultation with the appropriate state and federalSEC. 37.
Section 25302 of the Public Resources Code is amended to read:25302.
(a) Beginning November 1, 2003, and every two years thereafter, the commission shall adopt an integrated energy policy report. This integrated report shall contain an overview of major energy trends and issues facing the state, including, but not limited to, supply, demand, pricing, reliability, efficiency, and impacts on public health and safety, the economy, resources, and the environment. Energy markets and systems shall be grouped and assessed in three subsidiary volumes:SEC. 38.
Section 305 of the Public Utilities Code is amended to read:305.
The Governor shall designate a president of the commission from among the members of the commission. The president shall direct the executive director, the attorney, and other staff of the commission, except for the staff of theSEC. 39.
Section 309.5 of the Public Utilities Code is amended to read:309.5.
(a) There is within the commission an independent Public Advocate’s Office ofSEC. 40.
Section 400 of the Public Utilities Code is amended to read:400.
The commission and the Energy Commission shall do all of the following in furtherance of meeting the state’s clean energy and pollution reduction objectives:SEC. 41.
Section 454.5 of the Public Utilities Code is amended to read:454.5.
(a) The commission shall specify the allocation of electricity, including quantity, characteristics, and duration of electricity delivery, that the Department of Water Resources shall provide under its power purchase agreements to the customers of each electrical corporation, which shall be reflected in the electrical corporation’s proposed procurement plan. Each electrical corporation shall file a proposed procurement plan with the commission not later than 60 days after the commission specifies the allocation of electricity. The proposed procurement plan shall specify the date that the electrical corporation intends to resume procurement of electricity for its retail customers, consistent with its obligation to serve. After the commission’s adoption of a procurement plan, the commission shall allow not less than 60 days before the electrical corporation resumes procurement pursuant to this section.SEC. 42.
Section 591 of the Public Utilities Code is amended to read:591.
(a) The commission shall require an electrical or gas corporation to annually notify the commission, as part of an ongoing proceeding or in a report otherwise required to be submitted to the commission, of each time since that notification was last provided that capital or expense revenue authorized by the commission for maintenance, safety, or reliability was redirected by the electrical or gas corporation to other purposes.SEC. 43.
Section 792.5 of the Public Utilities Code is amended to read:792.5.
(a) Whenever the commission authorizes any change in rates reflecting and passing through to customers specific changes in costs, except rates set for common carriers, the commission shall require as a condition of the order that the public utility establish and maintain a balancing account reflecting the balance, whether positive or negative, between the related costs and revenues, and the commission shall take into account by appropriate adjustment or other action any positive or negative balance remaining in the balancing account at the time of any subsequent rate adjustment.SEC. 44.
Section 910.6 is added to the Public Utilities Code, to read:910.6.
The commission shall annually submit a report to the Legislature on the commission’s advocacy efforts to keep transmission rates low for ratepayers through its participation in Federal Energy Regulatory Commission rate cases and the Independent System Operator’s transmission planning processes. The report shall include all of the following:SEC. 45.
Section 984.5 of the Public Utilities Code is amended to read:984.5.
(a) The commission shall compile and regularly update the following information: names and contact numbers of a registered core transport agent, information to assist consumers in making service choices, and the number of customer complaints against specific providers in relation to the number of customers served by those providers and the disposition of those complaints. To facilitate this function, registered entities shall file with the commission information describing the terms and conditions of any standard service plan made available to core gas customers. The commission shall adopt a standard format for this filing. The commission shall maintain and make generally available a list of entities offering core transport services operating in California. This list shall include all registered core transport agents and those agents not required to be registered that request the commission to be included on the list. The commission shall, upon request, make this information available at no charge. Notwithstanding any other law, public agencies that are registered entities shall be required to disclose their terms and conditions of service contracts only to the same extent that other registered entities would be required to disclose the same or similar service contracts.SEC. 46.
Section 2827 of the Public Utilities Code is amended to read:2827.
(a) The Legislature finds and declares that a program to provide net energy metering combined with net surplus compensation, co-energy metering, and wind energy co-metering for eligible customer-generators is one way to encourage substantial private investment in renewable energy resources, stimulate in-state economic growth, reduce demand for electricity during peak consumption periods, help stabilize California’s energy supply infrastructure, enhance the continued diversification of California’s energy resource mix, reduce interconnection and administrative costs for electricity suppliers, and encourage conservation and efficiency.SEC. 47.
Section 5012 is added to the Public Utilities Code, to read:5012.
This chapter shall become inoperative on November 1, 2020, and, as of January 1, 2021, is repealed.SEC. 48.
Section 5900 of the Public Utilities Code is amended to read:5900.
(a) The holder of a state franchise shall comply with the provisions of Sections 53055, 53055.1, 53055.2, and 53088.2 of the Government Code, and any other customer service standards pertaining to the provision of video service established by federal law or regulation or adopted by subsequent enactment of the Legislature. All customer service and consumer protection standards under this section shall be interpreted and applied to accommodate newer or different technologies while meeting or exceeding the goals of the standards.SEC. 49.
Section 6161 of the Water Code is amended to read:6161.
(a) (1) An owner of a state jurisdictional dam, except an owner of a dam classified by the department pursuant to Section 6160 as a low hazard dam, shall submit electronically to the department an inundation map that shows the area that would be subject to flooding under various failure scenarios unique to the dam and the critical appurtenant structures of the dam.SEC. 50.
Section 12986 of the Water Code, as amended by Section 3 of Chapter 549 of the Statutes of 2012, is amended to read:12986.
(a)(3)(A)As part of the project plans approved by the board, the department shall require the local agency
or an independent financial consultant to provide information regarding the agency’s ability to pay for the cost of levee maintenance or improvement. Based on that information, the department may require the local agency or an independent financial consultant to prepare a comprehensive study on the agency’s ability to pay.
(B)The information or comprehensive study of the agency’s ability to pay
(5)The department may recover, retroactively, excess reimbursements paid to the local
agency from any time after January 1, 1997, based on an updated study of the agency’s ability to pay.
(6)
(7)
(d)This section shall become inoperative on July 1, 2018, and, as of January 1, 2019, is repealed, unless a later enacted statute, that becomes operative on or before January 1, 2019, deletes or extends the dates on which it becomes inoperative and is repealed.
SEC. 51.
Section 12986 of the Water Code, as amended by Section 2 of Chapter 549 of the Statutes of 2012, is repealed.(a)It is the intent of the Legislature to reimburse from the General Fund an eligible local agency pursuant to this part for costs incurred in any year for the maintenance or improvement of project or nonproject levees as follows:
(1)No costs incurred shall be reimbursed if the entire cost incurred per mile of levee is one thousand dollars ($1,000) or less.
(2)Fifty percent of any costs incurred in excess of one thousand dollars ($1,000) per mile of levee shall be reimbursed.
(3)The maximum total reimbursement from the General Fund shall not exceed two million dollars ($2,000,000)
annually.
(b)This section shall become operative on July 1, 2018.
SEC. 52.
Section 12987.5 of the Water Code is amended to read:12987.5.
(a) In an agreement entered into under Section 12987, the board may provide for an advance to the applicant in an amount not to exceed 75 percent of the estimated state share. The agreement shall provide that no advance shall be made until the applicant has incurred costs averaging one thousand dollars ($1,000) per mile of levee.(c)This section shall become inoperative on July 1, 2018, and, as of January 1, 2019, is repealed, unless a later enacted statute, that becomes operative on or before January 1, 2019, deletes or extends the dates on which it becomes inoperative and is repealed.
SEC. 53.
Section 3 of Chapter 421 of the Statutes of 2017 is amended to read:SEC. 3.
(a) The receiving departments or local jurisdictions described in Sections 8, 9, 29, 32, 35, 37, 39, and 40 of this act succeed to and are vested with all the authority, duties, powers, purposes, functions, responsibilities, and jurisdiction of the Public Utilities Commission, its predecessors, and its officers for the purposes of those transfers of authority. The receiving bureau and department described in Sections 8 and 40 of this act may prescribe reasonable rules and regulations as may be necessary to implement, administer, and enforce their respective duties prescribed in this act in addition to rules and regulations specifically authorized by this act or any other provision of law.SEC. 54.
Not later than September 30, 2020, the Controller, upon order of the Department of Finance, shall transfer all moneys remaining in the Transportation Rate Fund, established pursuant to Chapter 6 (commencing with Section 5001) of Division 2 of the Public Utilities Code, to the Household Movers Fund, established pursuant to Section 19229 of the Business and Professions Code.SEC. 55.
The Legislature finds and declares in relation to Sections 2 to 6, inclusive, of this act all of the following:SEC. 56.
The Legislature finds and declares in relation to Sections 23 to 27, inclusive, of this act all of the following:SEC. 57.
Due to the unique geographical features of the Mokelumne River and its tributaries, the Legislature hereby finds and declares in relation to Sections 23 to 27, inclusive, of this act that a special law is necessary and a general law cannot be made applicable within the meaning of Section 16 of Article IV of the California Constitution.SEC. 58.
The Legislature finds and declares in relation to Section 31 of this act 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 circumstances relating to public access at Martins Beach.SEC. 59.
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. 60.
(a) (1) The sum of one hundred million dollars ($100,000,000) is hereby appropriated from the Natural Resources and Parks Preservation Fund, established pursuant to Section 5079.80 of the Public Resources Code, for the design and construction of the California Indian Heritage Center described in Section 5097.999 of the Public Resources Code. This money shall be allocated as follows:SEC. 61.
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.It is the intent of the Legislature to enact statutory changes relating to the Budget Act of 2018.