Bill Text: CA SB71 | 2011-2012 | Regular Session | Amended

NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: State agencies: boards, commissions, and reports.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Passed) 2012-09-28 - Chaptered by Secretary of State. Chapter 728, Statutes of 2012. [SB71 Detail]

Download: California-2011-SB71-Amended.html
BILL NUMBER: SB 71	AMENDED
	BILL TEXT

	AMENDED IN ASSEMBLY  MARCH 14, 2011

INTRODUCED BY   Committee on Budget and Fiscal Review

                        JANUARY 10, 2011

    An act relating to the Budget Act of 2011.  
An act to amend Sections 19606.1, 19607.5, 19608.3, 19620.1, and
19627.5 of, to amend and renumber Sections 19621.1, 19621.3, 19622.1,
19622.2, 19622.3, 19622.4, 19630.5, and 19639 of, and to repeal
Sections 19606.3, 19606.4, 19620.2, 19621, 19621.2, 19630, 19632.5,
19632.6, 19635, 19638, and 19638.5 of, the Business and Professions
Code, to add Section 25359.21 to the Health and Safety Code, to add
Section 5007 to the Public Resources Code, to add Section 326 to the
Public Utilities Code, to amend Section 8352.6 of the Revenue and
Taxation Code, to amend Section 13260 of the Water Code, and to amend
Section 27 of Chapter 718 of the   Statutes of 2010,
relating to public resources, making an appropriation therefor, and
declaring the urgency thereof, to take effect immediately, bill
related to the budget. 



	LEGISLATIVE COUNSEL'S DIGEST


   SB 71, as amended, Committee on Budget and Fiscal Review. 
Budget Act of 2011.   Public resources.  
   (1) Existing law establishes the Fair and Exposition Fund for the
purpose of allocating moneys to provide financial support for the
network of California fairs. Existing law requires that $32,000,000
be transferred annually from the General Fund to the credit of a
separate account of the fund. Existing law provides that the revenues
in that separate account are continuously appropriated to the
Department of Food and Agriculture for specified purposes. In
addition, existing law requires the deposit of $10,000,000 of the
license fees for horse racing meetings into the fund and continuously
appropriates those funds to the 51st District Agricultural
Association for specified purposes.  
   This bill would repeal that annual transfer from the General Fund
and those other provisions and make related changes.  
   (2) Existing law requires specified revenues received by the
California Horse Racing Board to be deposited into the State Treasury
to the credit of the Fair and Exposition Fund. Existing law provides
that, in addition to those moneys deposited in the fund, the
Legislature shall appropriate, and the board shall deposit in the
fund, sums deemed necessary for the support of the board, as
specified, and to the department for oversight of the network of
California fairs, for contributions to the Unemployment Fund by the
network of fairs, and for auditing of specified fairs. Any
unallocated balance of revenues received by the board is continuously
appropriated for allocation by the Secretary of Food and Agriculture
for capital outlay to California fairs for specified projects or for
general operational support.  
   This bill would repeal those provisions relating to revenues
received by the board and would instead provide that, from revenue
received by the department, the Legislature shall appropriate to the
department sums deemed necessary for oversight of the network of
California fairs and for auditing of specified fairs.  
   (3) Existing law requires the Secretary of Food and Agriculture to
annually project the available revenues from the fund described
above, and to prepare an annual expenditure plan for funds available
from the fund. Existing law also requires the secretary to prepare
and submit to the Department of Finance an estimate of the
contributions, or the cost of benefits in lieu of contributions,
payable to the Unemployment Fund by all California fairs, as
specified.  
   This bill would delete those provisions. The bill would also make
technical changes.  
   (4) Existing law authorizes the Department of Toxic Substances
Control to compel a responsible party to take or pay for appropriate
removal or remediation action necessary to protect public health and
safety and the environment at the Santa Susana Field Laboratory
(SSFL) site in Ventura County. The sale, lease, sublease, or other
transfer of any land presently or formerly occupied by the Santa
Susana Field Laboratory is prohibited unless the Director of Toxic
Substances Control certifies that the land has undergone complete
remediation pursuant to specified protective standards.  
   This bill would provide that an administrative order on consent
for the site, signed on December 6, 2010, between the department and
the United States Department of Energy and a similar order between
the department and the National Aeronautics and Space Administration,
constitute the cleanup requirements and obligations for that portion
of the site that is subject to those administrative orders and would
require the administrative orders to result in the cleanup of the
soil so that the level of radiological or chemical contaminants in
the soil does not exceed local background levels, except as
specified. The bill would require the department to enforce the
administrative orders and the transfer prohibitions imposed on that
site.  
   (5) Under existing law, the Department of Parks and Recreation has
control of the state park system. The existing Tort Claims Act
provides for the liability and immunity of a governmental entity for
its acts or omissions that cause harm to persons.  
   This bill would require the Department of Parks and Recreation to
achieve any required budget reductions by closing, partially closing,
and reducing services at selected units of the state park system and
would require the department to select the units to be closed based
solely on specified factors.  
   The bill would provide immunity to a public entity and a public
employee for injury or damage either caused by a condition of public
property in or otherwise occurring at a state park system unit that
is designated as closed, partially closed, or subject to service
reduction by the department pursuant to these provisions.  
   (6) Under existing law, the Public Utilities Commission has
regulatory authority over public utilities, as defined. Existing law
requires the commission, by January 10 of each year, to report to the
Joint Legislative Budget Committee and appropriate fiscal and policy
committees of the Legislature, on all sources and amounts of funding
and actual and proposed expenditures related to specified entities
or programs established by the commission. Existing law requires the
commission to adopt an updated Conflict of Interest Code and
Statement of Incompatible Activities.  
   This bill would require that the commission, by January 10 of each
year, report to the Joint Legislative Budget Committee and
appropriate fiscal and policy committees of the Legislature, on all
sources and amounts of funding and actual and proposed expenditures
related to interactions by the commission, its officers, or its staff
with the California Public Utilities Commission Foundation. The bill
would require that within 8 weeks of any contribution to the
foundation made at the behest of a member of the commission, its
officers, or its staff, that the commission report the contribution
to the Joint Legislative Budget Committee and appropriate fiscal and
policy committees of the Legislature and include a certification that
the contribution does not violate the Conflict of Interest Code and
Statement of Incompatible Activities.  
   (7) Existing law requires certain moneys on the first day of every
month to be transferred from the Motor Vehicle Fuel Account to the
Off-Highway Vehicle Trust Fund that are attributable to taxes imposed
upon distribution of motor vehicle fuel related to specified
off-highway motor vehicles and off-highway vehicle activities. The
moneys in the fund are required to be used, upon appropriation, for
specified purposes related to off-highway motor vehicle recreation.
 
   This bill would require the Controller to withhold $833,000 from
this monthly transfer, and transfer that amount to the General Fund.
 
   (8) The Porter-Cologne Water Quality Control Act, with certain
exceptions, requires a waste discharger to pay an annual fee
established by the State Water Resources Control Board. The act
requires the total amount of fees collected to equal that amount
necessary to recover certain costs relating to the administration of
waste discharge requirements. Revenues generated by the imposition of
the fee are deposited in the Waste Discharge Permit Fund for
expenditure, upon appropriation by the Legislature, for specified
water quality purposes.  
   This bill, for the purpose of calculating the annual fee, would
authorize recoverable costs to also include costs incurred by the
State Water Resources Control Board and the California regional water
quality control boards in the adoption, review, and revision of
water quality control plans and state policies for water quality
control.  
   (9) The Sacramento-San Joaquin Delta Reform Act of 2009
establishes the Delta Stewardship Council, which is required to
develop, adopt, and commence implementation of a comprehensive
management plan for the Delta (Delta Plan) by January 1, 2012. The
act provides that the council is the successor to the California
Bay-Delta Authority, which previously was required to carry out
programs, projects, and activities to implement the CALFED Bay-Delta
Program with other implementing agencies.  
   Existing law requires the Governor, on or before April 1, 2011, to
submit to the Legislature a report on the budget for the 2011-12
fiscal year for all state agency programs that implement water and
ecosystem restoration activities in the Sacramento-San Joaquin Delta
using a zero-based budget methodology, as defined. Existing law
requires that budget to complement the budget for the CALFED
Bay-Delta Program, and requires all state expenditures reported in
the budget for the CALFED Bay-Delta Program for the 2011-12 fiscal
year to be reported using a zero-based budget methodology.  

   This bill would require the Governor to submit the report on the
budget using zero-based budget methodology for the 2012-13 fiscal
year, instead of the 2011-12 fiscal year, and would require that
report to be submitted to the Legislature by April 1, 2012, instead
of April 1, 2011. The bill would additionally require the council, in
developing a zero-based budget for these purposes, to conduct a
programmatic review of CALFED Bay-Delta Program expenditures for
consistency with the Delta Plan.  
   (10) The bill would appropriate $1,000 from the General Fund to
the Department of Parks and Recreation for administrative costs.
 
   (11) The California Constitution authorizes the Governor to
declare a fiscal emergency and to call the Legislature into special
session for that purpose. Governor Schwarzenegger issued a
proclamation declaring a fiscal emergency, and calling a special
session for this purpose, on December 6, 2010. Governor Brown issued
a proclamation on January 20, 2011, declaring and reaffirming that a
fiscal emergency exists and stating that his proclamation supersedes
the earlier proclamation for purposes of that constitutional
provision.  
   This bill would state that it addresses the fiscal emergency
declared and reaffirmed by the Governor by proclamation issued on
January 20, 2011, pursuant to the California Constitution.  

   (12) This bill would declare that it is to take effect immediately
as a bill providing for appropriations related to the Budget Bill.
 
   (13) This bill would declare that it is to take effect immediately
as an urgency statute.  
   This bill would express the intent of the Legislature to enact
statutory changes relating to the Budget Act of 2011. 
   Vote:  majority   2/3  . Appropriation:
 no   yes  . Fiscal committee:  no
  yes  . State-mandated local program: no.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

   SECTION 1.    Section 19606.1 of the  
Business and Professions Code   is amended to read: 
   19606.1.  (a) All  revenues transferred pursuant to
Section 19620.2   license fees from satellite wagering
that are deposited in the Fair and Exposition Fund  shall be
deposited in a separate account in the fund and, notwithstanding
Section 13340 of the Government Code, are continuously appropriated
from that account to the Department of Food and Agriculture, for
allocation by the Secretary of Food and Agriculture, at his or her
discretion, for the purposes set forth in paragraphs (1) to (6),
inclusive. The concurrence of the Director of Finance shall be
required for allocations pursuant to paragraphs (1) and (2).
Allocations pursuant to paragraphs (3) to (6), inclusive, shall be
made with the concurrence of the Joint Committee on Fairs Allocation
and Classification.
   (1) For the repayment of the principal of, interest on, and costs
of issuance of, and as security, including any coverage factor,
pledged to the payment of, bonds issued or to be issued by a joint
powers agency or other debt service or expense, including repayment
of any advances made or security required by any provider of credit
enhancement or liquidity for those bonds or other indebtedness or
expenses of maintaining that credit enhancement or liquidity,
incurred for the purpose of constructing or acquiring improvements at
a fair's racetrack inclosure, satellite wagering facilities at
fairs, health and safety repair projects, or handicapped access
compliance projects at fairs or for the purpose of refunding bonds or
other indebtedness incurred for those purposes. As used in this
paragraph, "coverage factor" means revenues in excess of the amount
necessary to pay debt service on the bonds or other indebtedness, up
to an amount equal to 100 percent more than the amount of that debt
service, which a joint powers agency, pursuant to the resolution or
indenture under which the bonds or other indebtedness are or will be
issued, pledges as additional security for the payment of that debt
service or is required to have or maintain as a condition to the
issuance of additional bonds or other indebtedness. Notwithstanding
any other provision of law, the department may also commit any funds
available for allocation under Article 10 (commencing with Section
19620) to complete projects funded under this paragraph in the
priority described in this paragraph.
   (2) For payment to the State Race Track Leasing Commission to be
pledged for the repayment of debt necessary to construct a racetrack
grandstand at the 22nd District Agricultural Association fairgrounds.
This payment shall be made only if the Secretary of Food and
Agriculture determines, annually, that all other pledged revenues
have been applied to the repayment of that debt and have been
determined by the secretary to be inadequate for that purpose.
   (3) For the payment of expenses incurred in establishing and
operating satellite wagering facilities at fairs.
   (4) For the support of an equipment and operating fund to produce
and display a consolidated California signal at satellite wagering
facilities and fairs.
   (5) For health and safety repair projects at fairs, which includes
fire and life safety improvement projects, California Code of
Regulations compliance projects, and long-term deferred maintenance
projects.
   (6) For the development and payment of revenue generating
projects, the establishment of pilot projects to restructure the
current fair system, and for projects realizing a cost savings for
more efficient utilization of existing fair resources.
   (b) The Secretary of Food and Agriculture may not make an
allocation for purposes of paragraphs (2) to (6), inclusive, of
subdivision (a) until the payments required in any fiscal year
pursuant to paragraph (1) of subdivision (a) have been funded.
   (c) Pursuant to subdivision (a), the Joint Committee on Fairs
Allocation and Classification shall review and concur, or not concur,
with the secretary's determination of the allocations to be made
pursuant to paragraphs (3) to (6), inclusive, of subdivision (a) in
total, and the committee may not add to, or delete projects or line
items from, the proposed allocations.
   (d) Approval of the Joint Committee on Fairs Allocation and
Classification is deemed complete when one of the following
conditions is met:
   (1) The annual budget act is enacted.
   (2) If the secretary's recommendations are received by the Joint
Committee on Fairs Allocation and Classification after the enactment
of the annual budget act, the recommendations shall be deemed
approved 30 days after they are received unless they are rejected by
the committee.
   (e) If the Joint Committee on Fairs Allocation and Classification
does not concur with the secretary's recommendations, the secretary
may submit another set of recommendations to the committee pursuant
to this section.
   (f) The payments required in any fiscal year for the purposes of
paragraphs (1) to (3), inclusive, of subdivision (a) shall be made
before any transfer is made pursuant to subdivision (g).
   (g) Except as otherwise provided in subdivision (f),  when
  if  the revenues deposited in the separate
account exceed eleven million dollars ($11,000,000) in any fiscal
year, the amount in excess of eleven million dollars ($11,000,000)
shall be transferred to the Fair and Exposition Fund for allocation
in accordance with  Sections   Section 
19620.1  and 19630  .
   (h) All of the costs of administering the  accounts
  account  created by subdivision (a)  and
Section 19606.3  shall be charged to the  respective
accounts   account  .
   SEC. 2.    Section 19606.3 of the   Business
and Professions Code   is repealed.  
   19606.3.  (a) From all revenues transferred pursuant to Section
19620.2 and deposited in the Fair and Exposition Fund, an amount up
to one million one hundred thousand dollars ($1,100,000) may be
allocated by the Secretary of Food and Agriculture, at his or her
discretion, to supplement purses at fair meetings to achieve the
purposes of Section 19606.4.
   (b) All allocations made pursuant to this section shall be made
part of the annual expenditure plan submitted to the Joint Committee
on Fairs Allocation and Classification by the Secretary of Food and
Agriculture as provided in Section 19621. 
   SEC. 3.    Section 19606.4 of the   Business
and Professions Code   is repealed.  
   19606.4.  It is the intent of the Legislature that funds allocated
pursuant to Section 19606.3 be used primarily at fair racing
meetings in the northern zone with a daily average handle of more
than three hundred thousand dollars ($300,000). The Legislature
further finds that its intent is that these allocations be used to
bring the purses at these fairs, exclusive of purses for stakes races
and special events, to a level of at least 80 percent of purses for
similar classes of horses at private associations in the northern
zone. The funds shall be used among all breeds. For fair racing
meetings in the northern zone with a daily average handle of three
hundred thousand dollars ($300,000) or less, it is the intent of the
Legislature to bring the purses to a level of at least 25 percent of
purses for similar classes of horses at private associations in the
northern zone. Any funds remaining after meeting the requirements of
this section shall be used at fair meetings in the northern zone as
additional purses. 
   SEC. 4.    Section 19607.5 of the   Business
and Professions Code   is amended to read: 
   19607.5.  (a) Notwithstanding any other provision of law, 
when   if  both a fair and a thoroughbred
association are licensed by the board to conduct live racing meetings
within the northern zone during the same calendar period, signals of
both racing programs shall be accepted at each live racing meeting
within the northern zone and at all satellite wagering facilities
eligible to receive these programs.
   (b) Notwithstanding any other provision of law, in order to ensure
that fairs which previously had an exclusive right to send their
signals to satellite wagering facilities in the northern zone during
periods of overlap do not lose commission revenues from satellite
wagering, each fair that conducts its meeting during the period
described in subdivision (a) shall receive the following satellite
wagering commissions:
   (1) With respect to the 2nd District Agricultural Association in
Stockton, the commissions payable to the fair from satellite wagering
during the period described in subdivision (a) shall be the greater
of any of the following:
   (A) The actual commission earned by the fair from satellite
wagering on its live races during that period.
   (B) Fifty percent of the total combined satellite wagering
commissions payable to the thoroughbred association and the fair
during that period.
   (C) One hundred ten percent of the satellite wagering commissions
paid to the fair during its live racing meeting in 1990.
   If the satellite wagering commissions received by the 2nd District
Agricultural Association are less than the greater of the amounts
specified in subparagraph (B) or (C), the thoroughbred association
shall pay to the fair from amounts deducted from satellite wagering
on its meeting and before distribution of any satellite wagering
commissions and purses on its meeting, an amount equal to the
difference between the actual satellite wagering commissions received
by the fair in that year and the applicable amount from subparagraph
(B) or (C). No additional satellite wagering commission shall be
paid to the fair by an association unless the fair conducts live
racing during the period described in subdivision (a).
   (2) With respect to the California Exposition and State Fair in
Sacramento, the commissions payable to the fair from satellite
wagering during the period described in subdivision (a) shall be the
greater of either of the following:
   (A) The actual commission earned by the fair from satellite
wagering on its live races during that period.
   (B) Sixty percent of the total combined satellite wagering
commissions payable to the thoroughbred association and the fair
during that period.
   If the satellite wagering commissions received by the California
Exposition and State Fair are less than the amount described in (B),
the thoroughbred association shall pay to the fair from amounts
deducted from satellite wagering on its meeting and before
distribution of any satellite wagering commissions and purses on its
meeting, an amount equal to the difference between the actual
satellite wagering commissions received by the fair in that year and
the amount described in (B). No additional satellite wagering
commission shall be paid to the fair by an association unless the
fair conducts live racing during the period described in subdivision
(a).
   (c) During any periods described in subdivision (a), including
periods of overlap for fairs not specified in subdivision (b), the
thoroughbred association shall deduct the same percentage from the
total amount wagered in its daily conventional and exotic parimutuel
pools as the percentage deducted by the fair meeting. The amounts
deducted shall be distributed as otherwise provided in this article,
with the following exceptions:
   (1) If the percentages deducted from the conventional and exotic
parimutuel pools of the thoroughbred association under this
subdivision exceed the percentages deducted from the association's
pools during periods other than those described under subdivision
(a), the amount deducted which is equivalent to the difference
between those percentages shall be distributed by the thoroughbred
association equally between commissions and purses.
   (2) If a thoroughbred association and the 2nd District
Agricultural Association in Stockton or the California Exposition and
State Fair in Sacramento both conduct live racing meetings during
any period described in subdivision (a), the total amount deducted
shall be distributed by both the association and fair in the
percentages specified for fair meetings in subdivision (b) of Section
19605.7.
    Nothing in this   This  subdivision
 requires   does not require  any portion
of the additional deduction to be distributed pursuant to subdivision
(c) of Section 19614.
   (d) Notwithstanding any other  provision of  law,
an association and fair that conduct their meeting pursuant to
subdivision (b) shall combine the operating expenses incurred at
satellite wagering facilities during the period described in
subdivision (a). For purposes of this subdivision only, the combined
satellite wagering operating expenses of the association and the fair
during the period described in subdivision (a) shall not exceed the
actual expenses, or 6 percent of the combined parimutuel pool at
satellite wagering facilities, whichever  amount  is less.

   (e) Notwithstanding Section 19606.4, it is the intent of the
Legislature that during the period described in subdivision (a) the
funds allocated pursuant to Section 19606.3 shall be used to bring
purses at the fair racing meetings conducted by the 2nd District
Agricultural Association and the California Exposition and State Fair
to a level of at least 100 percent of purses for similar classes of
horses at the private association which is conducting the
simultaneous program. 
   SEC. 5.    Section 19608.3 of the   Business
and Professions Code   is amended to read: 
   19608.3.  (a) Funds allocated by the  Director 
 Secretary  of Food and Agriculture pursuant to paragraph
 (3)   (5)  of subdivision (a) of Section
19606.1 for fire and life safety improvement projects, California
Code of Regulations compliance projects, and long-term  deferred
 maintenance projects at fairs in the northern zone shall be
allocated in accordance with a project schedule determined by the
Department of Food and Agriculture in compliance with this section.
   (b) The department shall prepare a three-year schedule of these
projects which commences July 1, 1987, and shall annually update the
schedule. The schedule shall list individual project costs, contain a
project description, and specify estimated project completion dates.

   SEC. 6.    Section 19620.1 of the   Business
and Professions Code   is amended to read:  
   19620.1.  (a) From the total revenue received by the board,
including revenues transferred from the Satellite Wagering Account
pursuant to subdivision (g) of Section 19606.1, but excluding money
received pursuant to Sections 19640 and 19641, the sum of two hundred
sixty-five thousand dollars ($265,000) plus an amount equal to
63/100 of 1 percent of the gross amount of money handled in the
annual parimutuel pool generated within this state, or the maximum
amount received by the state from the parimutuel pool of a racing
meeting held in this state, whichever is less, shall be paid into the
State Treasury to the credit of the Fair and Exposition Fund.
   (b) From 
    19620.1.    From  the total revenue received by
the  board   department  , exclusive of
money received pursuant to Sections 19640 and 19641,  and in
addition to the funds paid into the State Treasury to the credit of
the Fair and Exposition Fund as specified in subdivision (a),
 the Legislature shall annually appropriate  and the
board shall deposit to the credit of the Fair and Exposition Fund,
such   to the department those  sums as it deems
necessary for the following purposes: 
   (1) For the support of the board, including any costs and expenses
incurred by the Attorney General in the enforcement of this chapter
as shall be authorized by the board, including, compensation
including any fringe benefits paid to stewards and to the official
veterinarian, and an amount not less than the amount expended in the
1994-95 fiscal year for the costs of laboratory testing related to
horse racing pursuant to Section 19580.  
   (2) To the Department of Food and Agriculture for 
    (a)     For  the oversight of the
network of California fairs receiving money from the fund. 
   (3) To the Department of Food and Agriculture for the
contributions, or the cost of benefits in lieu of contributions,
payable to the Unemployment Fund by the network of California fairs
receiving funds pursuant to this article, as a result of unemployment
insurance coverage pursuant to Section 605 of the Unemployment
Insurance Code.  
   (4) To the Department of Food and Agriculture for 
    (b)     For  the auditing of all
district agricultural association fairs, county fairs, and citrus
fruit fairs.
   SEC. 7.    Section 19620.2 of the   Business
and Professions Code   is repealed.  
   19620.2.  Notwithstanding any other provision of law, on July 1,
2009, and on each July 1 thereafter, 32 million dollars ($32,000,000)
shall be transferred from the General Fund and paid into the State
Treasury to the credit of the separate account of the Fair and
Exposition Fund specified in Section 19606.1 and shall be
continuously appropriated for allocation as specified in that section
and Section 19620.1 only for the financial support of the network of
California fairs. 
   SEC. 8.    Section 19621 of the   Business
and Professions Code   is repealed.  
   19621.  (a) Not more than 5 percent of the Fair and Exposition
Fund may be used during any fiscal year to augment the budget of the
Department of Food and Agriculture to develop and administer an
operational and policy framework for the network of California fairs.

   (b) The Secretary of Food and Agriculture shall annually project
the available revenues from this source and submit a recommendation
to the Governor for the additional staff and contracts necessary to
oversee the network of California fairs.
   (c) The Secretary of Food and Agriculture shall prepare an annual
expenditure plan for funds available from the Fair and Exposition
Fund for review and approval by the Joint Committee on Fairs
Allocation and Classification. The Joint Committee on Fairs
Allocation and Classification shall review and concur, or not concur,
with the spending plan in total, and may not add to, or delete
projects or line items from, the budget.
   (d) Approval of the Joint Committee on Fairs Allocation and
Classification is deemed complete when one of the following
conditions is met:
   (1) The annual budget act is enacted.
   (2) If the secretary's recommendations are received by the Joint
Committee on Fairs Allocation and Classification after the enactment
of the annual budget act, the recommendations shall be deemed
approved 30 days after they are received unless they are rejected by
the committee.
   (e) If the Joint Committee on Fairs Allocation and Classification
does not concur with the secretary's recommendations, the secretary
may submit another set of recommendations to the committee pursuant
to this section. 
   SEC. 9.    Section 19621.1 of the   Business
and Professions Code   is amended and renumbered to read:

    19621.1.   19621.   Notwithstanding any
other  provision of  law, neither the state nor the
Department of Food and Agriculture is liable for any contract or
tort of, or any action taken or any failure to act by, any fair in
the network of California fairs that does not comply with the
requirements of Section  19622.3   19622.2 
.
   No member of the fair board, or any employee or agent thereof, is
personally liable for the contracts or actions of the fair board, and
no member of the fair board or employee or agent thereof is
responsible individually in any way to any other person for error in
judgment, mistakes, or other acts, either of commission or omission,
as principal, agent, or employee, except for his or her own
individual acts of dishonesty or crime. No member of the fair board
shall be held responsible individually for any act or omission of any
other member of the fair board. The liability of the members of the
fair board is several and not joint, and no member is liable for the
default of any other member.
   SEC. 10.    Section 19621.2 of the  
Business and Professions Code   is repealed.  
   19621.2.  The Secretary of Food and Agriculture shall prepare and
submit to the Department of Finance an estimate of the contributions,
or the cost of benefits in lieu of contributions, that are payable
to the Unemployment Fund by all California fairs receiving funds
pursuant to this article. The Director of Finance shall include those
estimates in the Budget Bill submitted to the Legislature. 

   SEC. 11.    Section 19621.3 of the  
Business and Professions Code   is amended and renumbered to
read: 
    19621.3.   19621.1.   (a) The Secretary
of Food and Agriculture shall prepare and submit to the Department
of Finance an estimate of revenue to be deposited in the fund and
allocations to be made from the fund for each fiscal year.
   The Director of Finance may authorize short-term, cash-flow loans
from the unappropriated surplus of the General Fund to the Fair and
Exposition Fund if all of the following conditions are met:
   (1) The loan will be repaid during the same fiscal year in which
it is made.
   (2) No loan exceeds the amount remaining to be allocated in any
fiscal year or 75 percent of the revenue estimated to be deposited in
the Fair and Exposition Fund during the remainder of the fiscal
year.
   (b) The Secretary of Food and Agriculture shall notify the
 State  Controller when loans under this section are
no longer required and any unnecessary loan funds shall be returned
to the General Fund.
   SEC. 12.    Section 19622.1 of the  
Business and Professions Code   is amended and renumbered to
read: 
    19622.1.   19622.   (a) In order to
maintain their eligibility to receive funds or to utilize state
assets, the fairs specified in Section 19418 shall do all of the
following:
   (1) File an annual statement of operations with the Department of
Food and Agriculture.
   (2) Conduct an annual fair that includes agriculture and other
community-relevant exhibits and competitions.
   (b) The Department of Food and Agriculture may withhold or
restrict allocations to fairs that do not comply with this section or
the fiscal standards or administrative standards established by the
department. The department shall establish an appeal process for
fairs regarding funds that are withheld or restricted.
   SEC. 13.    Section 19622.2 of the  
Business and Professions Code   is amended and  
renumbered to read: 
    19622.2.   19622.1.   (a) The authority
of the Department of Food and Agriculture shall include, but is not
limited to, requiring the California Exposition and State Fair to
meet all applicable standards prescribed by the department.
   (b) The department may delegate approval authority for such
matters as the department may determine to the Board of Directors of
the California Exposition and State Fair if the fair complies with
this section.
   (c) Notwithstanding any other  provision of  law,
the department may assume all rights, duties, and powers of the
Board of Directors of the California Exposition and State Fair if the
department determines there is insufficient fiscal or administrative
control. The board of directors shall again exercise these rights,
duties, and powers when the department determines that the fair has
been restored to solvency and is in compliance with this section.
   (d) The department may petition a court of competent jurisdiction
for an order appointing the department, or a person designated by the
department, as a receiver if it determines that the California
Exposition and State Fair is insolvent, or is in imminent danger of
insolvency. The court shall appoint a receiver upon showing that the
fair is insolvent, or is in imminent danger of insolvency.
   (e) For the purposes of this section, "insolvency" means that the
California Exposition and State Fair is unable to discharge its debts
as they become due in the usual course of business.
   (f) The General Fund and the Fairs and Exposition Fund shall be
held harmless from any debts, liabilities, settlements, judgments, or
liens incurred by the California Exposition and State Fair,
including any deficiency in operating funds.
   SEC. 14.    Section 19622.3 of the  
Business and Professions Code   is amended and renumbered to
read: 
    19622.3.   19622.2.   (a) The authority
of the Department of Food and Agriculture shall include, but is not
limited to, requiring district agricultural associations to meet all
applicable standards prescribed by the Department of Food and
Agriculture.
   (b) The department may delegate approval authority for such
matters as the department may determine to the board of directors if
the board complies with this section. The department shall report
annually to the Joint Committee on Fairs Allocation and
Classification the names of fairs that are delegated that authority.
   (c) Notwithstanding any other  provision of law,
and in order to protect the integrity of the Fair and Exposition
Fund, the department may assume any or all rights, duties, and powers
of the board of directors of a district agricultural association if
the department reasonably determines that there is insufficient
fiscal or administrative control. The board of directors shall again
exercise these rights, duties, and powers when the department
determines that the fair is in compliance with this section. The
department shall report annually to the Joint Committee on Fairs
Allocation and Classification the names of fairs with respect to
which the department has taken the action prescribed in this
subdivision and
subdivision (d).
   (d) The department may petition a court of competent jurisdiction
for an order appointing the department, or a person designated by the
department, as a receiver if it determines that the fair is
insolvent, or is in imminent danger of insolvency. The court shall
appoint a receiver upon a showing that the fair is insolvent, or is
in imminent danger of insolvency.
   (e) For the purposes of this section, "insolvency" means that the
district agricultural association is unable to discharge its debts as
they become due in the usual course of business.
   SEC. 15.    Section 19622.4 of the  
Business and Professions Code   is amended and renumbered to
read: 
    19622.4.   19622.3.   The authority of
the Department of Food and Agriculture shall include, but is not
limited to, requiring county fairs and citrus fruit fairs to do all
of the following:
   (a) Meet all applicable standards prescribed by the Department of
Food and Agriculture.
   (b) Submit to the department for review and approval every five
years a written agreement specifying the operational, financial, and
administrative responsibilities between the entity producing the fair
and the host county, or the host agency.
   SEC. 16.    Section 19627.5 of the  
Business and Professions Code   is amended to read: 
   19627.5.  Notwithstanding Section 19623, any unanticipated
revenues, other than any allocation from the state, which are in
excess of the approved budget for any fiscal or calendar year of any
California fair shall be retained by that fair  and may be
expended for any purpose specified in Section 19630  .
   These funds may be expended, without regard to any fiscal year, by
any fair to which Section 19623 applies, upon  positive
action   approval  by the board of directors of
that fair, which shall be recorded in the official minutes of the
fair approving a plan of expenditure  for those funds for the
purposes specified in Section 19630  .
   SEC. 17.    Section 19630 of the   Business
and Professions Code   is repealed.  
   19630.  (a) Any unallocated balance from subdivision (a) of
Section 19620.1 is hereby appropriated without regard to fiscal years
for allocation by the Secretary of Food and Agriculture for capital
outlay to California fairs for fair projects involving public health
and safety, for fair projects involving major and deferred
maintenance, for fair projects necessary due to any emergency, for
projects that are required by physical changes to the fair site, for
projects that are required to protect the fair property or
installation, such as fencing and flood protection, and for the
acquisition or improvement of any property or facility that will
serve to enhance the operation of the fair.
   (b) A portion of the funds subject to allocation pursuant to
subdivision (a) may be allocated to California fairs for general
operational support. It is the intent of the Legislature that these
moneys be used primarily for those fairs whose sources of revenue may
be limited for purposes specified in this section. 
   SEC. 18.    Section 19630.5 of the  
Business and Professions Code   is amended and renumbered to
read: 
    19630.5.   19630.   Notwithstanding any
other  provision of  law, any fair qualified to
receive an allocation that has complied with the requirements set
forth in subdivision (b) of Section  19622.1  
19622  , with the approval of the Department of Food and
Agriculture, may expend available funds for the construction or
operation of recreational and cultural facilities of general public
interest.
   SEC. 19.    Section 19632.5 of the  
Business and Professions Code   is repealed.  
   19632.5.  (a) After the payments required pursuant to subdivisions
(a) and (b) of Section 19632, but prior to any payments pursuant to
subdivision (c) of that section, ten million dollars ($10,000,000) of
the license fees specified in Section 19632 shall be deposited in a
special account in the Fair and Exposition Fund and those moneys,
including any earnings on the moneys so deposited, shall be used
solely by the 51st District Agricultural Association for the
acquisition or development, or both, of a fairgrounds site.
   (b) The moneys in the account are hereby appropriated, without
regard to fiscal years, to the 51st District Agricultural Association
for the purpose specified in subdivision (a), to be expended, with
the approval of the Division of Fairs and Expositions in the
Department of Food and Agriculture, on the basis of 34 percent money
from the account and 66 percent matching money from cities, counties,
special districts, or other units of government or from any source
other than the account. Matching funds may be in the form of cash or
any other form acceptable to the district. If the matching funds are
in a form other than cash, they shall be approved by the Assistant
Director of Food and Agriculture in charge of the Division of Fairs
and Expositions prior to expenditure.
   (c) Any earnings in the account, from inception, shall be
transferred to the 51st District Agricultural Association on a pro
rata basis as funds are paid out of the account, in 5 percent
increments, corresponding to the percentage paid out pursuant to
subdivision (b). 
   SEC. 20.    Section 19632.6 of the  
Business and Professions Code   is repealed.  
   19632.6.  (a) If the moneys provided for in subdivision (b) of
Section 19632.5, including matching funds, are less than the total
amount of funds determined as proper for the acquisition and
development of a fairgrounds site in the study carried out pursuant
to subdivision (a) of Section 1 of Chapter 647 of the Statutes of
1980, commencing on June 30, 1992, and on June 30th annually
thereafter, the Controller shall apportion for the fiscal year ending
on that date, until that difference is eliminated, 1 percent of the
revenues paid to the state, which exceed the revenues paid to the
state during the 1983-84 fiscal year, under Article 4 (commencing
with Section 6870) from tide and submerged lands and deposit that
amount in the special account in the Fair and Exposition Fund created
by subdivision (a) of Section 19632.5 for expenditure pursuant to
that section.
   (b) The funds appropriated and allocated in this section are
subject to reappropriation or allocation in any fiscal year by the
Budget Act for that year; and if the Budget Act for any fiscal year
reappropriates or reallocates the funds provided for in this section,
the appropriation and allocation in this act shall be inoperative
for that fiscal year. 
   SEC. 21.    Section 19635 of the   Business
and Professions Code   is repealed.  
   19635.  During each of the Fiscal Years 1951-52, 1952-53, and
1953-54, out of the license fees for conducting horse racing meetings
not payable into the Fair and Exposition Fund, the Wildlife
Restoration Fund, or the State College Fund, there is appropriated to
the California State Polytechnic College for permanent improvements
at the Kellogg and Voorhis Units the sum of one million dollars
($1,000,000), and the remainder shall be paid into the General Fund
in the State Treasury.
   The amounts appropriated by this section shall be transferred to
the Capital Outlay and Savings Fund, but the permanent improvements
mentioned shall be deferred and no expenditures made therefor until
or unless authorized by other legislation.
   The amounts appropriated by this section shall be available for
expenditure without regard to fiscal year. 
   SEC. 22.    Section 19638 of the   Business
and Professions Code   is repealed.  
   19638.  The Controller shall pay from the fund to the 1-A District
Agricultural Association the appropriation for the support of that
organization. 
   SEC. 23.    Section 19638.5 of the  
Business and Professions Code   is repealed.  
   19638.5.  The Controller shall pay from the fund to the 48th
District Agricultural Association the appropriation for its support.

   SEC. 24.    Section 19639 of the   Business
and Professions Code   is amended and renumbered to read:

    19639.   19638.   The books and records
of any county or citrus fruit fair or exposition receiving an
appropriation or an allocation from the Fair and Exposition Fund,
insofar as they relate to revenues and expenditures for fair or
exposition purposes, may be audited by the Department of Finance.
   When any county or citrus fruit fair or exposition receiving an
appropriation or allocation from the Fair and Exposition Fund
contracts with an association to conduct such fair or exposition, the
contract shall include a provision that the books and records of
such association shall be subject to audit by the Department of
Finance at the discretion of the department.
   SEC. 25.    Section 25359.21 is added to the 
 Health and Safety Code   , to read:  
   25359.21.  (a) The Legislature finds and declares that on December
6, 2010, an administrative order on consent was signed between the
United States Department of Energy and the department, and a similar
administrative order on consent was signed between the department and
the National Aeronautics and Space Administration, for a remedial
action on portions of the Santa Susana Field Laboratory site.
   (b) For purposes of this section, the following definitions shall
apply:
   (1) "Administrative order" means an administrative order on
consent signed on December 6, 2010, between the United States
Department of Energy and the department for a remedial action to the
site, the similar administrative order on consent signed on December
6, 2010, between the department and the National Aeronautics and
Space Administration.
   (2) "Site" means the Santa Susana Field Laboratory site in Ventura
County.
   (c) An administrative order shall constitute the cleanup
requirements and obligations for the portion of the site that is
subject to that administrative order.
   (d) An administrative order shall result in the cleanup of soil
for that portion of the site that is subject to the administrative
order so that the level of radiological or chemical contaminants in
the soil does not exceed local background levels, except as provided
in the exemptions specifically expressed and incorporated by
reference in an administrative order entered into on December 6,
2010.
   (e) The department shall enforce an administrative order, and,
when enforcing an order, shall enforce the prohibitions on transfer
specified in subdivisions (d) and (e) of Section 25359.20. 
   SEC. 26.    Section 5007 is added to the  
Public Resources Code   , to read:  
   5007.  (a) The department shall achieve any required budget
reductions by closing, partially closing, and reducing services at
selected units of the state park system. For purposes of this
section, "required budget reductions" means the amount of funds
appropriated in the annual Budget Act to the department that is less
than the amount necessary to fully operate the 2010 level of 278
units of the state park system. The department shall select the units
to be closed based solely on the following factors:
   (1) The relative statewide significance of each park unit,
preserving to the extent possible, parks identified in the department'
s documents including "Outstanding and Representative Parks," the
"California State History Plan," and the "California State Parks
Survey of 1928."
   (2) The rate of visitation to each unit, to minimize impacts to
visitation in the state park system.
   (3) (A) The estimated net savings from closing each unit, to
maximize savings to the state park system.
   (B) For purposes of this subdivision, "net savings" means the
estimated costs of operation for the unit less the unit's projected
revenues and less the costs of maintaining the unit after it is
closed.
   (4) The feasibility of physically closing each unit.
   (5) The existence of, or potential for, partnerships that can help
support each unit, including concessions and both for-profit and
nonprofit partners.
   (6) Significant operational efficiencies to be gained from closing
a unit based on its proximity to other closed units where the units
typically share staff and other operating resources.
   (7) Significant and costly infrastructure deficiencies affecting
key systems at each unit so that continued operation of the unit is
less cost effective relative to other units.
   (8) Recent or funded infrastructure investments at a unit.
   (9) Necessary but unfunded capital investments at a unit.
   (10) Deed restrictions and grant requirements applicable to each
unit.
   (11) The extent to which there are substantial dedicated funds for
the support of the unit that are not appropriated from the General
Fund.
   (b) Notwithstanding Division 3.6 (commencing with Section 810) of
Title 1 of the Government Code, a public entity or a public employee
is not liable for injury or damage caused by a condition of public
property located in, or injury or damage otherwise occurring in, or
arising out of an activity in, a state park system unit that is
designated as closed, partially closed, or subject to service
reduction by the department pursuant to subdivision (a). This
immunity shall apply notwithstanding the fact that the public has
access, whether invited or uninvited, to the state park system unit,
and notwithstanding that the department may take actions such as
patrols, inspections, maintenance, and repairs necessary to protect
the state park system unit facilities and resources from
deterioration, damage, or destruction. The immunity provided by this
subdivision does not limit any other immunity or immunities available
to a public entity or a public employee. 
   SEC. 27.    Section 326 is added to the  
Public Utilities Code   , to read:  
   326.  (a) By January 10, 2012, and by January 10 of each year
thereafter, the commission shall report to the Joint Legislative
Budget Committee and appropriate fiscal and policy committees of the
Legislature, on all sources and amounts of funding and actual and
proposed expenditures, both in the two prior fiscal years and for the
proposed fiscal year, including any costs to ratepayers, related to
interactions by the commission, its officers, or its staff with the
California Public Utilities Commission Foundation, or any derivative,
or successor, or with any agent or director of the foundation,
including all of the following:
   (1) Attendance at meetings, conferences, or events organized or
sponsored by the foundation.
   (2) Any contract or other agreement between the commission, its
officers, or its staff and the foundation, including agreements
relating to attendance at any educational or training conference or
event.
   (3) Any agenda item, order, decision, resolution, or motion,
referencing the foundation.
   (4) Endorsements of the foundation or its activities.
   (5) Any contribution made to the foundation at the behest of a
member of the commission, its officers, or its staff, and any direct
or indirect contribution made to the foundation by a member of the
commission, its officers, or its staff. For purposes of this
paragraph, "contribution" means any payment, a forgiveness of a loan,
a payment of a loan by a third party, or an enforceable promise to
make a payment, except to the extent that full and adequate
consideration is received.
   (b) (1) Within eight weeks of any contribution to the foundation
made at the behest of a member of the commission, its officers, or
its staff, the commission shall report the contribution to the Joint
Legislative Budget Committee and appropriate fiscal and policy
committees of the Legislature, and include any documents pertaining
to the contribution.
   (2) Each report shall include certification from the commission
that the contribution does not violate the Conflict of Interest Code
and Statement of Incompatible Activities adopted pursuant to Section
303. 
   SEC. 28.    Section 8352.6 of the   Revenue
and Taxation Code   is amended to read: 
   8352.6.  (a)  (1)    Subject to Section 8352.1,
on the first day of every month, there shall be transferred from
moneys deposited to the credit of the Motor Vehicle Fuel Account to
the Off-Highway Vehicle Trust Fund created by Section 38225 of the
Vehicle Code an amount attributable to taxes imposed upon
distributions of motor vehicle fuel used in the operation of motor
vehicles off highway and for which a refund has not been claimed.
Transfers made pursuant to this section shall be made prior to
transfers pursuant to Section 8352.2. 
   (2) The Controller shall withhold eight hundred thirty-three
thousand dollars ($833,000) from this monthly transfer, and transfer
that amount to the General Fund. 
   (b) The amount transferred pursuant to  paragraph (1) of 
subdivision (a), as a percentage of the Motor Vehicle Fuel Account,
shall be equal to the percentage transferred in the 2006-07 fiscal
year. Every five years, starting in the 2013-14 fiscal year, the
percentage transferred may be adjusted by the Department of
Transportation in cooperation with the Department of Parks and
Recreation and the Department of Motor Vehicles. Adjustments shall be
based on, but not limited to, the changes in the following factors
since the 2006-07 fiscal year or the last adjustment, whichever is
more recent:
   (1) The number of vehicles registered as off-highway motor
vehicles as required by Division 16.5 (commencing with Section 38000)
of the Vehicle Code.
   (2) The number of registered street-legal vehicles that are
anticipated to be used off highway, including four-wheel drive
vehicles, all-wheel drive vehicles, and dual-sport motorcycles.
   (3) Attendance at the state vehicular recreation areas.
   (4) Off-highway recreation use on federal lands as indicated by
the United States Forest Service's National Visitor Use Monitoring
and the United States Bureau of Land Management's Recreation
Management Information System.
   (c) It is the intent of the Legislature that transfers from the
Motor Vehicle Fuel Account to the Off-Highway Vehicle Trust Fund
should reflect the full range of motorized vehicle use off highway
for both motorized recreation and motorized off-road access to other
recreation opportunities. Therefore, the Legislature finds that the
fuel tax baseline established in subdivision (b), attributable to
off-highway estimates of use as of the 2006-07 fiscal year, accounts
for the three categories of vehicles that have been found over the
years to be users of fuel for off-highway motorized recreation or
motorized access to nonmotorized recreational pursuits. These three
categories are registered off-highway motorized vehicles, registered
street-legal motorized vehicles used off highway, and unregistered
off-highway motorized vehicles.
   (d) It is the intent of the Legislature that the off-highway motor
vehicle recreational use to be determined by the Department of
Transportation pursuant to paragraph (2) of subdivision (b) be that
usage by vehicles subject to registration under Division 3
(commencing with Section 4000) of the Vehicle Code, for recreation or
the pursuit of recreation on surfaces where the use of vehicles
registered under Division 16.5 (commencing with Section 38000) of the
Vehicle Code may occur.
   SEC. 29.    Section 13260 of the   Water
Code   is amended to read: 
   13260.  (a)  All   Each  of the
following persons shall file with the appropriate regional board a
report of the discharge, containing the information  which
  that  may be required by the regional board:
   (1)  Any  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)  Any   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)  Any   A  person operating, or
proposing to construct, an injection well.
   (b) No report of waste discharge need be filed pursuant to
subdivision (a) if the requirement is waived pursuant to Section
13269.
   (c)  Every   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)
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 and
waivers of waste discharge requirements.
   (C) Recoverable costs may include, but are not limited to, costs
incurred in reviewing waste discharge reports, prescribing terms of
waste discharge requirements and monitoring requirements, enforcing
and evaluating compliance with waste discharge requirements and
waiver requirements, conducting surface water and groundwater
monitoring and modeling, analyzing laboratory samples,  adopting,
reviewing, and revising water quality control plans and state
policies for water quality control,  and reviewing documents
prepared for the purpose of regulating the discharge of waste, and
administrative costs incurred in connection with carrying out these
actions.
   (D) In establishing the amount of a fee that may be imposed on
 any   a  confined animal feeding and
holding operation pursuant to this section, including, but not
limited to,  any   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),  any  
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)  Any   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, shall not be 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 the time when those fees are again
due, at which time the fees shall become due on an annual basis.
   (j)  Any   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
Division of Oil and Gas 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
 any   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. 30.    Section 27 of Chapter 718 of the Statutes
of 2010 is amended to read: 
  Sec. 27.  (a) It is the intent of the Legislature that a zero-based
budget for programs and expenditures related to water and ecosystem
restoration activities in the Sacramento-San Joaquin Delta will
enable the Legislature to better understand the overall size of the
state's investment in the Sacramento-San Joaquin Delta and how funds
are being allocated and prioritized for particular programs and
functions.
   (b) (1) On or before April 1,  2011  2012
 , the Governor shall submit to the Legislature a report on the
budget for the  2011-12   2012-13  fiscal
year for all state agency programs that implement water and ecosystem
restoration activities in the Sacramento-San Joaquin Delta,
including activities related to the CALFED Bay-Delta Program, using a
zero-based budget methodology.
   (2) The budget submitted pursuant to this subdivision shall
complement the budget display for the CALFED Bay-Delta Program budget
annually submitted by the Governor in conjunction with the budget,
and shall show all state agency expenditures that implement water and
ecosystem restoration activities in the Sacramento-San Joaquin
Delta. All state expenditures reported in the budget for the CALFED
Bay-Delta Program for the  2011-12   2012-13
 fiscal year shall be reported using a zero-based budget
methodology, regardless of whether the appropriation authority is
continuous or on an annual basis. 
   (3) In developing a zero-based budget for the CALFED Bay-Delta
Program, the Delta Stewardship Council shall conduct a programmatic
review of CALFED Bay-Delta Program expenditures for consistency with
the Delta Plan developed pursuant to Section 85300 of the Water Code.

   (c) As used in the section, "zero-based budget methodology" means
determining a budget by starting with a base of zero dollars ($0) and
adding dollar amounts necessary to conduct specific activities and
operations. A zero-based budget shall set forth all of the following:

   (1) Each activity performed for which an appropriation is made or
is requested.
   (2) The legal basis for performing the activity.
   (3) An itemized justification for the amount requested to perform
the activity.
   SEC. 31.    There is hereby appropriated one thousand
dollars ($1,000) from the State Parks and Recreation Fund to the
Department of Parks and Recreation for administrative costs. 
   SEC. 32.    This act addresses the fiscal emergency
declared and reaffirmed by the Governor by proclamation on January
20, 2011, pursuant to subdivision (f) of Section 10 of Article IV of
the California Constitution. 
   SEC. 33.    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. 
   SEC. 34.    This act is an urgency statute necessary
for the immediate preservation of the public peace, health, or safety
within the meaning of Article IV of the Constitution and shall go
into immediate effect. The facts constituting the necessity are:
 
   In order to make the necessary statutory changes to implement the
Budget Act of 2011 at the earliest possible time, it is necessary
that this act take effect immediately.  
  SECTION 1.    It is the intent of the Legislature
to enact statutory changes relating to the Budget Act of 2011.

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