AB 11 — Public Resources.

Summary

(1) Existing law establishes the Toxic Substances Control Account in the General Fund. Existing law authorizes the moneys deposited in the account to be appropriated to the Department of Toxic Substances Control for specified purposes, including the administration of the Human and Ecological Risk Division, the Hazardous Materials Laboratory, and the Office of Pollution Prevention and Technology Development, all within the department. This bill would change the reference to the Hazardous Materials Laboratory to the Environmental Chemistry Laboratory, and specify that moneys deposited in the account also may be appropriated to the department for the administration of the successor organizations of the specified units of the department, and for the implementation of programs administered by those units or successor organizations. The bill would authorize moneys in the account to be appropriated to the department for activities of the department related to pollution prevention and technology development, as specified. (2) Existing law establishes the Underground Storage Tank Petroleum Contamination Orphan Site Cleanup Fund (fund) in the State Treasury until January 1, 2016, and transfers $10,000,000, for each of the 2008–09, 2009–10, and 2010–11 fiscal years, from the Underground Storage Tank Cleanup Fund to the fund, for expenditure, upon appropriation by the Legislature, for the costs of response actions to remediate the harm caused by a petroleum contamination at a site that meets specified conditions. This bill would authorize available federal moneys to be deposited in the fund, and would require the amount transferred in a fiscal year to the fund from the Underground Storage Tank Cleanup Fund to be reduced by the amount of federal moneys deposited in the fund in that fiscal year. The bill would require that if an expenditure from the fund includes federal moneys deposited in the fund, the expenditure be consistent with all applicable requirements for expenditure of the federal moneys. (3) Existing law requires the Secretary for Environmental Protection to implement a unified hazardous waste and hazardous materials management regulatory program known as the unified program. The unified program is required to consolidate the administration of specified hazardous waste and hazardous materials management requirements. The secretary is required to establish standards applicable to Certified Unified Program Agencies (CUPAs) , participating agencies (PAs) , state agencies, and businesses specifying the data to be collected and submitted by unified program agencies in administering the specified requirements. Existing law requires the secretary, by January 1, 2010, to establish a statewide information management system capable of receiving all data collected by the unified program agencies and reported by regulated businesses, as specified. Existing law requires not less than 75% of specified funding to be provided to CUPAs and PAs through grant funds in the amounts determined by the secretary to assist those local agencies in meeting information management system requirements. This bill would require that funding to be provided through grant funds or statewide contract services, rather than only through grant funds. (4) The Wildland Fire Protection Management Act of 1978 authorizes the Director of Forestry and Fire Protection to enter into contracts, with the approval of the Director of General Services, for prescribed burning or other hazardous fuel reduction with the owner or any person who has legal control of any property or any public agency with regulatory or natural resource management authority over certain lands. The act authorizes the state to assume a proportionate share of the costs of site preparation and prescribed burning or other hazardous fuel reduction. This bill would change the term "contract" to "agreement," and would delete the requirement of approval by the Director of General Services. The bill would also authorize the director to accept grants and donations of equipment, materials, or funds from any source for the purpose of supporting or facilitating the prescribed burning or other hazardous fuels reduction work. The director would be authorized to waive the cost sharing requirements of the act if the funding source prohibits cost sharing requirements. (5) Existing law authorizes the Department of Forestry and Fire Protection to enter into agreements and make loans to encourage private and public investment in, and improved management of, forest lands and resources within the state to ensure adequate future high-quality timber supplies, related employment and other economic benefits, and the protection, maintenance, and enhancement of a productive and stable forest resource system for the benefit of present and future generations. The Director of Forestry and Fire Protection is authorized to enter into agreements for forest resource improvement work with eligible landowners that require cost sharing on the part of the landowner and is required to deposit into the Forest Resources Improvement Fund funds from any source for forest resource improvement purposes. This bill would allow the department to waive the cost sharing requirement if the funding source for the authorized forest resource improvement work prohibits cost sharing requirements. This bill would prohibit any federal funds received as part of the federal American Recovery and Reinvestment Act of 2009 from being deposited into the Forest Resources Improvement Fund. (6) The California Urban Forestry Act of 1978 authorizes the Department of Forestry and Fire Protection to implement a program in urban forestry to, among other things, encourage better management and planting of trees in urban areas and assist cities in innovative solutions to problems, including greenhouse gas emissions, urban heat island effect, stormwater management, lack of green space, and vandalism. The director, with advice from other appropriate state agencies and interested parties, is authorized to make grants to provide assistance of 25 to 90% of costs for projects meeting guidelines established by the State Board of Forestry and Fire Protection, upon recommendation by the director. This bill would allow the director to waive the cost sharing requirement if the funding source for a grant prohibits cost sharing requirements. (7) Existing law authorizes the issuance of environmental license plates, as defined, for vehicles, upon application and upon payment of certain fees. All revenue derived from the fees for issuance, renewal, retention, duplication, and transfer of the plates is required to be deposited in the California Environmental License Plate Fund in the State Treasury. This bill would increase the fees for issuance, renewal, retention, duplication, and transfer of environmental license plates. (8) The Energy Conservation Assistance Act of 1979 (act) establishes the State Energy Conservation Assistance Account (account) , a continuously appropriated account, that is administered by the State Energy Resources Conservation and Development Commission to provide grants and loans to various public entities to maximize energy use savings in existing and planned buildings and facilities. The act authorizes the commission to approve an application for a loan only in those instances where the applicant demonstrates that the costs of the project, plus interest on state funds loaned, will be recovered through savings in the cost of energy to the institution during the repayment period. The act authorizes the commission to make grants in an amount that does not exceed 5% of the annual appropriation from the account. The act authorizes the commission to expend funds from the account for the actual administrative costs to the commission in implementing the act in an amount that does not exceed 5% of the total appropriation. The act also requires, in specified circumstances, the commission to periodically set interest rates on loans based on surveys of existing financial markets and at rates not less than 3% per annum. This bill would authorize the commission to make grants in an amount that does not exceed 5% of, and to recover its administrative costs in an amount that does not exceed 5% of, the annual unencumbered balance in the account as determined by the commission on July 1 of each fiscal year. This bill would also require the commission to set the interest rate at not less than 1% per annum. The federal Energy Independence and Security Act of 2007 establishes the Energy Efficiency and Conservation Block Grant Program to provide funds to the state to assist eligible entities in improving energy efficiency and reducing the total energy use of eligible entities. Existing law authorizes the commission to undertake certain actions and to administer a block grant program funded by the federal Energy Independence and Security Act of 2007 to reduce fossil fuel emission, improve energy efficiency, and reduce overall energy use. Existing law authorizes the commission to recover certain administrative expenses incurred in implementing the block grant program. Existing law prohibits the commission from expending more than 5% of the federal funds received for allowable administrative costs. This bill would authorize the commission to administer funds appropriated by the federal American Recovery and Reinvestment Act of 2009 for the Energy Efficiency and Conservation Block Grant Program and to award contracts, grants, and loans for energy-related projects. The bill would additionally specify that the recoverable administrative costs include costs related, but not limited, to reporting, recordkeeping, and evaluation activities required by federal law, as well as implementing regulations and guidelines. The bill would authorize the commission to adopt guidelines implementing the block grant program and would subject the awarding of grants and loans to an appeal to the commission upon a showing that the award is based on factors other than those described in the guidelines. This bill would make an appropriation by requiring that the repayment of loans made in accordance with the federal acts be deposited into the account and used to make additional loans pursuant to above provisions. This bill would also establish in the State Treasury the Energy Efficient State Property Revolving Fund. The money in the fund would be continuously appropriated to the Department of General Services for loans for projects on state-owned buildings and facilities to achieve greater, long-term energy efficiency, energy conservation, and energy cost and use avoidance, to be allocated as specified. For the fiscal year beginning July 1, 2009, the bill would require $25,000,000 to be transferred into the fund from money received by the commission pursuant to the federal American Recovery and Reinvestment Act of 2009. On or before January 1, 2010, and annually thereafter, the bill would require the department, in collaboration with the commission, to submit a report to the Legislature, containing specified information. The bill would require any repayment of loans made pursuant to this authority to be deposited into the fund, thereby making an appropriation. (9) The California Oil Recycling Enhancement Act, administered by the California Integrated Waste Management Board, among other things, defines terms and establishes the used oil recycling program. The act requires the board to deposit all revenues received pursuant to the act, in the California Used Oil Recycling Fund, part of which is continuously appropriated to the board to pay recycling incentives, to provide a reserve for contingencies, to make specified block grants for implementation of certain local used oil collection programs in a total amount equal to $10,000,000 or one-half the amount remaining in the fund after specified expenditures are made, for certain grants and loans, and for reimbursement for certain disposal costs of contaminated used oil. This bill would require the board, during fiscal years 2009–10 and 2010–11, to apply any necessary reductions to block grants in an equitable manner that takes into account prior year block grants that are held in reserves by local organizations as available resources for grantees to use in their operations. (10) Under existing law, the Department of Water Resources operates the State Water Resources Development System. This bill would require the department, on or before January 10, 2010, and annually thereafter, to prepare and submit to the fiscal committees of the Legislature a report that describes the budget of the State Water Resources Development System. (11) The California Bay-Delta Authority Act establishes in the Natural Resources Agency the California Bay-Delta Authority. The act requires the authority and the implementing agencies to carry out programs, projects, and activities necessary to implement the California Bay-Delta Program. The act requires the authority to develop policies and make decisions at program milestones, and to provide direction to achieve balanced implementation, integration, and continuous improvement in all program elements, including the science element. This bill would require the authority to post on its Internet Web site information relating to the awarding of grants that implement the science element of the CALFED Bay-Delta Program. (12) The California Constitution authorizes the Governor to declare a fiscal emergency and to call the Legislature into special session for that purpose. The Governor issued a proclamation declaring a fiscal emergency, and calling a special session for this purpose, on July 1, 2009. This bill would state that it addresses the fiscal emergency declared by the Governor by proclamation issued on July 1, 2009, pursuant to the California Constitution. (13) This bill would declare that it is to take effect immediately as an urgency statute.

Bill Text

• Chaptered 07/28/09 - Chaptered Current pdf July 28, 2009
• Enrolled 07/28/09 - Enrolled pdf July 28, 2009
• Amended 07/23/09 - Amended Senate pdf July 23, 2009
• Introduced 07/02/09 - Introduced pdf July 02, 2009
• AB11 View text html

Action History

1. July 28, 2009

   Chaptered by Secretary of State. Chapter 11, Statutes of 2009-10 Fourth Extraordinary Session.

2. July 28, 2009

   Approved by the Governor.

3. July 24, 2009

   Enrolled and to the Governor at 4:30 p.m.

4. July 23, 2009

   Urgency clause adopted. Senate amendments concurred in. To enrollment. (Ayes 68. Noes 10. Page 60.)

5. July 23, 2009

   Assembly Rule 77 suspended.

6. July 23, 2009

   In Assembly. Concurrence in Senate amendments pending.

7. July 23, 2009

   Read third time. Urgency clause adopted. Passed and to Assembly. (Ayes 31. Noes 7. Page 54.)

8. July 23, 2009

   (Ayes 24. Noes 12. Page 43.)

9. July 23, 2009

   Senate Rule 29.3 suspended.

10. July 23, 2009

    (Ayes 37. Noes 1. Page 43.)

11. July 23, 2009

    Joint Rule 10.5 suspended.

12. July 23, 2009

    Read third time, amended, and returned to third reading.

13. July 15, 2009

    Read second time. To third reading.

14. July 15, 2009

    Withdrawn from committee. Ordered placed on second reading file.

15. July 09, 2009

    In Senate. Read first time. To Com. on RLS. for assignment.

16. July 09, 2009

    Read third time, passed, and to Senate. (Ayes 47. Noes 2. Page 27.)

17. July 06, 2009

    Read second time. To third reading.

18. July 06, 2009

    Ordered to second reading.

19. July 06, 2009

    Without reference to committee.

20. July 06, 2009

    From printer.

21. July 02, 2009

    Read first time. To print.

Sponsors

• Evans · Primary

Votes

Subjects