Bill Text: CA SB128 | 2021-2022 | Regular Session | Amended
Bill Title: Public resources trailer bill.
Spectrum: Committee Bill
Status: (Engrossed - Dead) 2022-08-29 - Ordered to third reading. [SB128 Detail]
Download: California-2021-SB128-Amended.html
Amended
IN
Assembly
August 28, 2022 |
Amended
IN
Assembly
February 15, 2022 |
Amended
IN
Assembly
June 10, 2021 |
Introduced by |
January 08, 2021 |
LEGISLATIVE COUNSEL'S DIGEST
This bill would express the intent of the Legislature to enact statutory changes relating to the Budget Act of 2022.
Digest Key
Vote: MAJORITY Appropriation:Bill Text
The people of the State of California do enact as follows:
SECTION 1.
Section 11891 of the Food and Agricultural Code is amended to read:11891.
Every person who violates this division, or any regulation issued pursuant to this division, is guilty of a misdemeanor and upon conviction shall be punished by a fine of not less than fiveSEC. 2.
Section 11893 of the Food and Agricultural Code is amended to read:11893.
Any person who violates this division, or any regulation issued pursuant to this division, is liable civilly in an amount not less thanSEC. 3.
Section 12581 of the Food and Agricultural Code is amended to read:12581.
(a) The director may inspect and take samples of any produce grown, processed, packed, stored, shipped, transported, delivered for shipment, or sold.SEC. 4.
Section 12996 of the Food and Agricultural Code is amended to read:12996.
(a) Every person who violates any provision of this division relating to pesticides, or any regulation issued pursuant to a provision of this division relating to pesticides, is guilty of a misdemeanor and upon conviction shall be punished by a fine of not less than fiveSEC. 5.
Section 12998 of the Food and Agricultural Code is amended to read:12998.
Any person who violates this division relating to pesticides or structural pest control devices, or any regulation issued pursuant to a provision of this division relating to pesticides or structural pest control devices, is liable civilly in an amount not less thanSEC. 6.
Section 12999.4 of the Food and Agricultural Code is amended to read:12999.4.
(a) In lieu of civil prosecution by the director, the director may levy a civil penalty against a person violating subdivision (d) or (e) of Section 11792 or Sections 12115, 12116, 12581, 12603, 12671, 12992, and 12993, Chapter 10 (commencing with Section 12400) of Division 6, Article 4.5 (commencing with Section 12841), Section 13186.5, Chapter 7.5 (commencing with Section 15300), or the regulations adopted pursuant to those provisions, of not more thanSEC. 7.
Section 12999.5 of the Food and Agricultural Code is amended to read:12999.5.
(a) In lieu of civil prosecution by the director, the county agricultural commissioner may levy a civil penalty against a person violating Division 6 (commencing with Section 11401), Article 10 (commencing with Section 12971) or Article 10.5 (commencing with Section 12980) of this chapter, Section 12995, Article 1 (commencing with Section 14001) of Chapter 3, Chapter 3.7 (commencing with Section 14160), Chapter 7.5 (commencing with Section 15300), or a regulation adopted pursuant to any of these provisions, of not more thanSEC. 8.
Section 12999.6 is added to the Food and Agricultural Code, to read:12999.6.
(a) For purposes of this section, the following terms have the following meanings:SEC. 9.
Section 13001 is added to the Food and Agricultural Code, to read:13001.
The director may, by regulation, adjust the level of statutory minimum and maximum civil monetary penalties provided under this article and in Section 11893 to account for inflation. The director shall make inflation adjustments consistent with the formula used by the United States Environmental Protection Agency pursuant to federal law for civil monetary penalties inflation adjustment for civil penalties provided under the Federal Insecticide, Fungicide, and Rodenticide Act (7 U.S.C. Sec. 135 et seq.).SEC. 10.
Section 51179 of the Government Code is amended to read:51179.
(a) A local agency shall designate, by ordinance, moderate, high, and very high fire hazard severity zones in its jurisdiction within 120 days of receiving recommendations from the State Fire Marshal pursuant to Section 51178.SEC. 11.
Section 44274.10 of the Health and Safety Code is amended to read:44274.10.
For purposes of this article, the following definitions apply:(a)“Administering agency” means the California Pollution Control Financing Authority.
(b)
(c)
(d)
(e)
(f)
(g)
SEC. 12.
Section 44274.11 of the Health and Safety Code is amended to read:44274.11.
(b)The state board and the administering agency shall enter into an interagency working agreement for the development and administration of the program.
SEC. 13.
Section 44274.12 of the Health and Safety Code is amended to read:44274.12.
(a)SEC. 14.
Section 44274.13 of the Health and Safety Code is amended to read:44274.13.
(a)(d)The administering agency shall track project implementation and report to the state board the outcomes no less often than annually, including vehicle or equipment data necessary to calculate criteria air pollutant and greenhouse gas emission reductions, demographic and business data necessary to determine cobenefits, and socioeconomic benefits to residents, including those in underserved communities. Specific data points shall be determined
by the state board and included in the interagency agreement described in Sections 44274.11 and 44274.12.
SEC. 15.
Section 44274.14 of the Health and Safety Code is amended to read:44274.14.
The stateSEC. 16.
Section 3113 of the Public Resources Code is amended 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:(3)
(4)
(b)
SEC. 17.
Section 4799.05 of the Public Resources Code is amended to read:4799.05.
(a) (1) The director may provide grants to, or enter into contracts or other cooperative agreements with, entities, including, but not limited to, private or nongovernmental entities, Native American tribes, or local, state, and federal public agencies, for the implementation and administration of projects and programs to improve forest health and reduce greenhouse gas emissions.(4)Commencing December 31, 2019, and annually thereafter, the department shall report to the relevant policy committees of the Legislature the number of times the process in this subdivision was used.
(B)Any CEQA exemption established under this subdivision shall continue in effect for those projects conducted under a National Environmental Policy Act record of decision, finding of no significant impact, or notice of exemption or exclusion that was issued prior to the date by which the Secretary determines that the National Environmental Policy Act or federal forest management laws were substantially amended.
SEC. 18.
Section 14503.5.1 of the Public Resources Code is amended to read:14503.5.1.
“Bag drop recycling center” means a recyclingSEC. 19.
Section 14537.5 is added to the Public Resources Code, to read:14537.5.
The department shall provide on its internet website information that enables consumers to identify the geographic location of all points of redemption for beverage containers, to be updated at least once per year.SEC. 20.
Section 14538 of the Public Resources Code is amended to read:14538.
(a) (1) The department shall certify an operator of a recycling center pursuant to this section.SEC. 21.
Section 14548 is added to the Public Resources Code, to read:14548.
(a) For purposes of this section, “thermoform plastic container” means a plastic container, such as a clamshell, cup, drinking cup, pod, tub, lid, box, tray, egg carton, or similar rigid, nonbottle packaging, formed from sheets of extruded resin and used to package items such as fresh produce, baked goods, nuts, deli items, and nonbottle beverages. The term does not include any of the following:SEC. 22.
Section 14549.2 of the Public Resources Code is amended to read:14549.2.
(a) For purposes of this section, the following definitions shall apply:SEC. 23.
Section 14555 is added to the Public Resources Code, to read:14555.
(a) On or before July 1, 2025, the department shall provide to the Legislature, and post on its internet website, a report as it relates to appropriations made pursuant to the Budget Act of 2022 for purposes of the California Beverage Container Recycling and Litter Reduction Act, including, but not limited to all of the following information:SEC. 24.
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:SEC. 25.
Section 21166.3 is added to the Public Resources Code, to read:21166.3.
Notwithstanding Section 21166, the environmental review set forth in the Final Programmatic Environmental Impact Report for the Hollister Ranch Coastal Access Program, in combination with other environmental review documents related to the provision of public access to, and along the coastline of, Hollister Ranch in the County of Santa Barbara as required by Section 30610.81, shall be conclusively presumed to satisfy this division for any project to effectuate public access and associated facilities undertaken or approved by a public agency.SEC. 26.
Section 42052 of the Public Resources Code, as added by Section 2 of Chapter 75 of the Statutes of 2022, is amended to read:42052.
(a) A PRO shall register in the department’s Recycling and Disposal Reporting System, or an alternative reporting system established by the department, and annually submit to the system all of the following information on behalf of each producer who participates in the PRO’s approved plan:SEC. 27.
Section 42060 of the Public Resources Code, as added by Section 2 of Chapter 75 of the Statutes of 2022, is amended to read:42060.
(a) By January 1, 2025, the department shall adopt regulations necessary to implement and enforce this chapter and to ensure that the requirements of this chapter and in particular the requirements established in Section 42050 and the policy goal established in Section 41780.01 as it relates to covered material are met. The regulations shall include, but not be limited to, all of the following:SEC. 28.
Part 5 (commencing with Section 75250) is added to Division 44 of the Public Resources Code, to read:PART 5. Community Resilience Center Program.
75250.
(a) For purposes of this section, the following definitions apply:75250.1.
(a) The Strategic Growth Council may authorize advance payments on a grant awarded under Section 75250 in accordance with Section 11019 of the Government Code.SEC. 29.
Section 43152.6 of the Revenue and Taxation Code, as added by Section 95 of Chapter 73 of the Statutes of 2021, is amended to read:43152.6.
(a)SEC. 30.
Section 43152.10 of the Revenue and Taxation Code is amended to read:43152.10.
(a) The fees collected and administered under Sections 43053 and 43054 are due and payable within 30 days after the date of assessment and the feepayer shall deliver a remittance of the amount of the assessed fee to theSEC. 31.
Section 13198 of the Water Code is amended to read:13198.
For purposes of this article, the following definitions apply:SEC. 32.
Item 8570-002-0001 of Section 2.00 of the Budget Act of 2021 is amended to read:8570-002-0001—For support of Department of Food and Agriculture
........................
| 233,084,000 | ||||||
Schedule: | |||||||
(0.5) | 6570-Agricultural Plant and Animal Health; Pest Prevention; Food Safety Services ........................ | 19,500,000 | |||||
(0.6) | 6580-Assistance to Fair and County ........................ | 150,000,000 | |||||
(1) | 6590-General Agricultural Activities ........................ | 63,584,000 | |||||
(2) | 9900100-Administration ........................ | 30,000 | |||||
(3) | 9900100-Administration-Distributed ........................ | −30,000 | |||||
Provisions: | |||||||
2. | The amount appropriated in this item is available for encumbrance or expenditure until June 30, 2024. | ||||||
3. | Up to 5 percent of the amount appropriated in this item may be used for administrative costs. | ||||||
4. | Notwithstanding Provision 3, $150,000,000 appropriated in Schedule (0.6) for fairground and community resilience centers shall be available for state operations and local assistance and, of this amount, $10,000,000 shall be provided to the California Exposition and State Fair. $11,500,000 appropriated in Schedule (0.5) shall be provided to the California Initiative for Biodiversity for the insect DNA barcode library and shall be available for state operations and local assistance. | ||||||
5. | Of the amount provided in Schedule (0.5), $2,000,000 shall be expended to address deferred maintenance projects that represent critical infrastructure deficiencies. | ||||||
6. | Of the amount appropriated in Schedule (1), $30,000,000 shall be provided to the University of California, Merced Future of Food Innovation Fund for the collaboration with CSU, Fresno and other partners to establish the Innovation Center for Research and Entrepreneurship in Ag-Food Technology and Engineering. The California Department of Food and Agriculture shall submit a report to the Legislature by January 10, 2023, which shall include the current status and progress of this project, and a description of how the funds were expended. | ||||||
7. | Of the amount appropriated in Schedule (0.5), the Director of Finance shall authorize
$5,000,000 | ||||||
8. | Of the amount appropriated in Schedule (1), $5,000,000 shall be used for research grants to measure and verify emissions reductions associated with livestock methane reduction projects. Research shall include an assessment of the cost-effectiveness of various livestock methane reduction strategies on a per ton basis, including a comparison of projects funded under AMMP and DDRDP, as well as alternative methane reduction strategies such as dietary modification, and research on manure-based product development. To the extent feasible, research shall include measurement of emissions of greenhouse gases and criteria pollutants before and after livestock methane reduction projects are implemented. |
SEC. 33.
Item 3540-101-0001 of Section 2.00 of the Budget Act of 2021 is amended to read:3540-101-0001—For local assistance, Department of Forestry and Fire Protection
........................
| 151,152,000 | ||||||
Schedule: | |||||||
(1) | 2465-Fire Protection ........................ | 14,298,000 | |||||
(2) | 2470-Resource Management ........................ | 136,854,000 | |||||
Provisions: | |||||||
1. | The amount appropriated in Schedule (1) shall be available to fund one fuels crew in each of the following six counties, to assist with fuel reduction and fire prevention efforts: Kern, Los Angeles, Marin, Orange, Santa Barbara, and Ventura. This funding is provided on a one-time basis, in light of the staffing impacts that COVID-19 is having during this period of extreme fire conditions. | ||||||
2. | Of the amount appropriated in Schedule (2), $67,854,000 shall be available for encumbrance or expenditure until June 30, 2024, for grants to support near-term post-fire recovery and restoration activities and workforce training and development. | ||||||
3. | Of the amount appropriated in Schedule (2), $19,000,000 shall be available for encumbrance or expenditure until June 30, 2026, for tribal forest health grants to fund projects over multiple fiscal years. | ||||||
4. | Of the amount appropriated in Schedule (2), $50,000,000 shall be available for encumbrance and expenditure until June 30, 2027, for post-fire reforestation and regeneration. The Department of Forestry and Fire Protection is exempt from any applicable provision of law requiring competitive bidding, subcontracting restrictions, and the supervision or approval of another department or agency of state government, with the exception of the Department of General Services. This exemption is limited to procurement, contracting, or subcontracting with vendors for forest health, fire prevention, fuels reduction, vegetation management, or environmental review for fire prevention or post-fire vegetation restoration projects funded from the amount specified in this provision. | ||||||
5 | The funds specified in Provision 4 shall be available to restore climate-resilient natural conditions, prioritizing native species and a density and distribution of seedlings that address emergency climate conditions, including increased fire and drought, consistent with the Wildfire and Forest Resilience Task Force’s Reforestation Working Group. These funds shall be administered through the Forest Health Grant Program. The department, in consultation with the Wildfire and Forest Resilience Task Force, shall develop a reforestation strategy for funding projects within existing programs, based on the best available scientific information and following a public process that establishes consistency between all future reforestation expenditures and the state’s biodiversity goals and emerging climate conditions, including increased temperature, fire, and drought. |
SEC. 34.
The Department of Resources Recycling and Recovery shall adopt emergency regulations to establish requirements for the operation of bag drop machines. The regulations shall include, but not be limited to, all of the following:SEC. 35.
The total sum of seven hundred eighty-seven million four hundred ninety-seven thousand dollars ($787,497,000) is hereby allocated, including five hundred thirty-four million dollars ($534,000,000) from the General Fund and two hundred fifty-three million four hundred ninety-seven dollars ($253,497,000) from the California Emergency Relief Fund for the 2021–22 fiscal year. This section meets the requirements of “future legislation” as identified in Control Section 19.54 of the Budget Act of 2021 (Chapter 44 of the Statutes of 2022) to be allocated under the following schedule and for the following purposes:SEC. 36.
The total sum of six hundred nineteen million dollars ($619,000,000) is hereby allocated from the General Fund for the 2021–22 fiscal year for projects and programs that promote the use and transition to zero-emission vehicles across the state. This section meets the requirements of “future legislation” as identified in Control Section 19.54 of the Budget Act of 2021 (Chapter 44 of Statutes of 2022) to be allocated under the following schedule and for the following purposes:SEC. 37.
(a) The total sum of thirty million dollars ($30,000,000) is hereby allocated from the General Fund for the 2021–22 fiscal year to the Department of Forestry and Fire Protection for projects and programs that support wildfire and forest resilience as described herein. This section meets the requirements of “future legislation” as identified in Control Section 19.54 of the Budget Act of 2021 (Chapter 44 of the Statutes of 2022) to be allocated under the following schedule and for the following purposes:SEC. 38.
It is the intent of the Legislature, upon an appropriation in the Budget Act for the 2023–24 fiscal year for these purposes, to enact future legislation that would make ten million dollars ($10,000,000) available to the State Air Resources Board to assist with the necessary transition away from the use of hexavalent chromium. It is the further intent of the Legislature to enact future legislation that would do all of the following:SEC. 39.
(a) It is the Legislature’s intent that two billion four hundred fifteen million dollars ($2,415,000,000) be allocated to zero-emission vehicle investments, including one billion two hundred fifty million dollars ($1,250,000,000) in the 2023–24 fiscal year, seven hundred eighty-one million dollars ($781,000,000) in the 2024–25 fiscal year, and three hundred eighty-four million dollars ($384,000,000) in the 2025–26 fiscal year should be appropriated in the budget acts for those respective fiscal years from fund sources to be determined based on future analyses concerning the availability of state and federal funds for these purposes.SEC. 40.
(a) Upon appropriation by the Legislature, the sum of fifty-four million five hundred thousand dollars ($54,500,000) shall be available in the 2023–24 fiscal year and the sum of ten million dollars ($10,000,000) shall be available in the 2024–25 fiscal year to the Ocean Protection Council for implementation of Chapter 236 of the Statutes of 2021. The Ocean Protection Council shall work in collaboration with the State Coastal Conservancy to implement this funding, and the council shall structure these funds to maximize leveraging of any available federal funding.SEC. 41.
In regards to Section 25 of this act, 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 circumstance regarding Hollister Ranch in the County of Santa Barbara.SEC. 42.
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. 43.
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 2022.