SB 854 California Senate · 2017-2018 Regular Session

Public resources.

Summary
(1) Existing law establishes the Department of Fish and Wildlife and vests the department with the jurisdiction over the conservation, protection, and management of fish, wildlife, native plants, and habitats necessary for biologically sustainable populations of those species. Existing law designates the department as the trustee for fish and wildlife resources. This bill would specify the mission and the core programs of the department, as provided. The bill would require the department to contract with an independent entity to conduct a comprehensive service-based budget review and to consult on the development of a service-based budget tracking system. The bill would establish various deadlines for the department to meet in conducting the review and development. The bill would authorize the department to enter into agreements to accept funds from various entities for purposes of the review and development. The bill would authorize the Department of Finance to authorize the expenditure by the department of those funds upon notification of the expenditure to the chairperson of the Joint Legislative Budget Committee, as provided, thereby making an appropriation. (2) Existing law establishes the Office of Farm to Fork within the Department of Food and Agriculture, and requires the office, to the extent that resources are available, to work with various entities, including, among others, the agricultural industry and other organizations involved in promoting food access, to increase the amount of agricultural products available to underserved communities and schools in the state. Existing law requires the office to, among other things, identify urban and rural communities that lack access to healthy food, and to coordinate with local, state, and federal agencies to promote and increase awareness of programs that promote greater food access. Existing law establishes the Nutrition Incentive Matching Grant Program in the Office of Farm to Fork, and creates the Nutrition Incentive Matching Grant Account in the Department of Food and Agriculture Fund to collect matching funds received from a specified federal grant program and funds from other public and private sources. Under the program, the department is required to award moneys in the account to qualified entities, as defined, to encourage the purchase and consumption of California fresh fruits, nuts, and vegetables by nutrition benefit clients, as defined. Existing law requires that grants only be provided upon the deposit of sufficient funds, as specified in the federal Food Insecurity Nutrition Incentive Grant Program application, into the Nutrition Incentive Matching Grant Account. A violation of the laws governing fruit, nut, and vegetable standards is a crime. This bill would instead require grants to be provided upon the deposit of sufficient funds, including from a successful application of federal grant funding, if available, into the Nutrition Incentive Matching Grant Account. The bill would require matching funds to be collected from the specified federal grant program only if those funds are available. The bill would include, in the definition of "qualified entities," community-supported agriculture programs and farm stands, as defined. The bill would, notwithstanding any other law, authorize the department to provide grant funds to a grantee in advance of the expenditure of funds by the grantee for implementation of the Nutrition Incentive Matching Grant Program, instead of in the form of a reimbursement after the expenditure of funds for that program, in an amount equal to or less than 50% of the grant amount provided in the grantee's grant agreement, if certain conditions are met. The bill would create the Healthy Stores Refrigeration Grant Program in the department upon the appropriation of funds, including from a successful application of federal grant funding, if available, by the Legislature for purposes of the Healthy Stores Refrigeration Grant Program. The bill would require the department to administer the Healthy Stores Refrigeration Grant Program and to award grants to qualified entities, as defined, for the purchase of an energy-efficient refrigeration unit or units by a small business or corner store that is located in a food desert. The bill would require a small business or corner store that purchases a refrigeration unit with grant funds to stock the unit with California-grown fresh fruits, nuts, vegetables, and minimally processed prepared foods, and to offer those items for sale. The bill would authorize a city, county, city and county, or nonprofit entity that is awarded a grant to use up to 10% of Healthy Stores Refrigeration Grant Program grant funds for technical assistance. The bill would authorize the department to establish regulations, minimum standards, funding schedules, and procedures for awarding grants to qualified entities, and to adopt any other regulations to implement and administer the Healthy Stores Refrigeration Grant Program. The bill would provide that certain provisions imposing criminal liability do not apply for a violation of these provisions or any regulation adopted to administer these provisions. The bill would provide that receipt of a grant under the Healthy Stores Refrigeration Grant Program or the Nutrition Incentive Matching Grant Program does not preclude the recipient from being eligible to receive a grant under the other program. (3) Existing law makes any operator or excavator who violates provisions relating to the protection of underground infrastructure subject to a civil penalty. Existing law authorizes these provisions relating to the protection of underground infrastructures to be enforced by specified agencies following a recommendation of the California Underground Facilities Safe Excavation Board against contractors, telephone corporations, gas corporations, electrical corporations, water corporations, operators of hazardous liquid pipeline facilities, and local agencies, as specified. Existing law authorizes the board, commencing July 1, 2020, to enforce the provisions on persons other than those listed. This bill would prohibit the board from initiating an enforcement action to enforce the provisions on persons other than those listed for a violation that occurred prior to July 1, 2020. Existing law authorizes the board to investigate possible violations of provisions relating to the protection of underground infrastructures, commencing on July 1, 2020. This bill would instead authorize the board to investigate possible violations of provisions relating to the protection of underground infrastructures, commencing on January 1, 2019. (4) Existing law establishes the California Land Conservation Act of 1965, otherwise known as the Williamson Act, and authorizes a city or county to enter into 10-year contracts with owners of land devoted to agricultural use, whereby the owners agree to continue using the property for that purpose, and the city or county agrees to value the land accordingly for purposes of property taxation, as specified. Existing law authorizes the cancellation of a Williamson Act contract under certain circumstances, and authorizes the city or county to charge a cancellation fee in an amount equal to 12 12 of the cancellation valuation of the property. Existing law requires these cancellation fees to be transmitted by the county treasurer to the Controller upon collection, and specifies that those cancellation fees are to be deposited in the General Fund, except for the first $2,536,000 of those cancellation fees in the 2004–05 fiscal year and any other amount, as approved in the final Budget Act for each fiscal year thereafter, which are required to be deposited in the Soil Conservation Fund to be available upon appropriation by the Legislature to support, among other things, the cost of the farmlands mapping and monitoring program of the Department of Conservation, to enforce specific provisions of the act, and if funds are available after providing other specified support, for program support costs incurred by the Department of Conservation in carrying out specified duties of the department related to open-space lands. This bill would instead require the first $5,000,000 of those cancellation fees in the 2018–19 fiscal year and any other amount, as approved in the final Budget Act for each fiscal year thereafter, to be deposited in the Soil Conservation Fund and to be available upon appropriation by the Legislature to support the same purposes. (5) Existing law imposes various limitations on emissions of air contaminants for the control of air pollution from vehicular and nonvehicular sources. Existing law generally designates the State Air Resources Board as the state agency with the primary responsibility for the control of vehicular air pollution, and air pollution control and air quality management districts with the primary responsibility for the control of air pollution from all sources other than vehicular sources. This bill would authorize the state board to provide advance payments to grantees of a grant program or project if the state board determines specified conditions are met. The bill would require the state board, in consultation with the Department of Finance, to adopt a regulation implementing that advance payment program. (6) Existing law requires the State Air Resources Board to adopt and implement motor vehicle emission standards, in-use performance standards, and motor vehicle fuel specifications for the control of air contaminants and sources of air pollution which the state board has found to be necessary, cost effective, and technologically feasible. Existing law requires the state board to achieve the maximum degree of emission reduction possible from vehicular and other mobile sources to accomplish the attainment of the state standards and requires the state board to adopt standards and regulations that will result in the most cost-effective combination of control measures on all classes of motor vehicles and motor vehicle fuel. Existing law authorizes the state board to adopt a schedule of annual fees for the certification of motor vehicles and engines sold in the state to cover the costs of specified state programs relating to air pollution from mobile sources not to exceed a specified collected amount each year, as specified. Existing law prohibits the disconnection, modification, or alteration of required motor vehicle pollution control devices, except with respect to an alteration, modification, or modifying device, apparatus, or mechanism that is covered by a resolution of the state board that makes specified findings. This bill would authorize the state board to adopt a schedule of fees to cover all or a portion of the state board's reasonable costs for the certification, audit, and compliance of off-road or nonvehicular engines and equipment, aftermarket parts, and emissions control components sold in the state, as specified. The bill would require all moneys collected by the state board as part of that schedule of fees to be deposited in the Certification and Compliance Fund, which the bill would create. (7) The California Safe Drinking Water Act requires the State Water Resources Control Board to adopt primary drinking water standards for contaminants in drinking water and requires the Office of Environmental Health Hazard Assessment to prepare and publish an assessment of the risks to public health posed by each contaminant for which the state board proposes a primary drinking water standard. The act requires the risk assessment to contain an estimate of the level of the contaminant in drinking water that is not anticipated to cause or contribute to adverse health effects or that does not pose a significant risk to health, known as the public health goal for the contaminant. The act requires all public health goals published by the office to be reviewed at least once every 5 years and revised as necessary based upon the availability of new scientific data. This bill would require the office to determine, at least once every 5 years, whether there has been a detection of the corresponding contaminant of each public health goal in the testing required pursuant to the act in the preceding five years. The bill would require each public health goal published by the office to be reviewed at least once every 5 years unless the office determines, pursuant to that provision, that there has not been a detection of the corresponding contaminant. The bill would require reviewed public health goals to be revised as necessary based upon the availability of new scientific data. (8) The Surface Mining and Reclamation Act of 1975 prohibits a person, with exceptions, from conducting surface mining operations unless, among other things, a permit is obtained from, a specified reclamation plan is submitted to and approved by, and financial assurances for reclamation have been approved by the lead agency for the operation of the surface mining operation. The act requires a lead agency to inspect a surface mining operation in intervals of no more than 12 months. The act authorizes a lead agency to cause an inspection to be conducted by a state-licensed geologist, state-licensed civil engineer, state-licensed landscape architect, state-licensed forester, or a qualified lead agency employee, as specified. The act requires the lead agency to provide to the Supervisor of Mine Reclamation a notice of completion of inspection, as specified. The act requires the lead agency, no later than July 1 of each year, to submit to the Supervisor of Mine Reclamation for each active or idle surface mining operation within the lead agency's jurisdiction specified information, including, among other things, a copy of a surface mining operation's permit or reclamation plan amendments. This bill instead would require a lead agency to submit to the supervisor, in an electronic format determined by the Division of Mine Reclamation, specified documents, including, among others, approved reclamation plans or plan amendments within 60 days of their approval, interim management plans at the time of approval, and financial assurance cost estimates within 30 days of their approval. The bill would require the division, no later than January 1, 2022, to post on its Internet Web site in a database and a geographic information system interface those documents provided by lead agencies. The bill would require the division to make a specified statement when a member of the public seeks access to a document that a lead agency has not provided to the supervisor as required. By adding to the duties of local governments acting as lead agencies under the act, this bill would impose a state-mandated local program. (9) Under existing law, the Division of Oil, Gas, and Geothermal Resources in the Department of Conservation regulates the drilling, operation, maintenance, and abandonment of oil and gas wells in the state. Existing law requires the State Oil and Gas Supervisor to supervise the drilling, operation, maintenance, and abandonment of wells and the operation, maintenance, and removal or abandonment of tanks and facilities related to oil and gas production within an oil and gas field, so as to prevent damage to life, health, property, and natural resources, as provided; to permit owners and operators of wells to utilize all known methods and practices to increase the ultimate recovery of hydrocarbons; and to perform the supervisor's duties in a manner that encourages the wise development of oil and gas resources to best meet oil and gas needs in this state. Existing law, including regulations, requires and authorizes the division, including the supervisor or other specified employee, to witness certain operations performed relating to oil and gas, including, among others, well stimulation treatments and plugging and abandonment operations. This bill would require the division to annually prepare and transmit to the Legislature a report of specified information relating to operations performed, statewide and by district, that are required or authorized to be witnessed by the division. (10) Existing law required the State Board of Forestry and Fire Protection, on or before September 1, 2011, to adopt emergency regulations to establish a fire prevention fee in an amount not to exceed $150 to be charged on each habitable structure, as defined, on a parcel that is within a state responsibility area, as defined, and authorizes the board to annually adjust the fire prevention fees using prescribed methods. Existing law requires that the fire prevention fees collected, except as provided, be deposited into the State Responsibility Area Fire Prevention Fund and be made available to the board and the Department of Forestry and Fire Protection for certain specified fire prevention activities that benefit the owners of habitable structures in state responsibility areas who are required to pay the fee. Existing law, commencing with the 2017–18 fiscal year, suspended the fire prevention fee and required any moneys held in reserve in the fund to be appropriated by the Legislature in a manner consistent with the purposes of the fund. This bill would make a technical, nonsubstantive change to the law relating to suspension of the fund. (11) Existing law establishes the State Parks Revenue Incentive Subaccount in the State Parks and Recreation Fund, and continuously appropriates funds in the subaccount to the Department of Parks and Recreation for activities, programs, and projects that are consistent with the mission of the department and that increase the department's capacity to generate revenue and implement a revenue generating program. Existing law requires the Controller to annually transfer $4,340,000 from the fund to the subaccount and, on July, 1, 2021, to transfer any unexpended funds remaining in the subaccount to the fund. Existing law makes funds in the subaccount available for encumbrance and expenditure until June 30, 2019, and for liquidation until June 30, 2021. Existing law makes these provisions inoperative on June 30, 2021, and repeals them on January 1, 2022. This bill would (A) remove the annual transfer of $4,340,000 from the fund to the subaccount, (B) remove the inoperative and repeal dates for the subaccount and thereby extend these provisions indefinitely, and (C) make funds in the subaccount available indefinitely for encumbrance, expenditure, and liquidation. By extending operation of a continuously appropriated fund, this bill would make an appropriation. Existing law establishes the California State Park Enterprise Fund in the State Treasury as a working capital fund, with money available to the department, upon appropriation by the Legislature, for capital outlay or support expenditures for revenue generating investments in state parks. Existing law makes these revenues available for encumbrance and expenditure until June 30, 2019, and for liquidation until June 30, 2021. Existing law requires the department to develop a revenue generation program as an essential component of a long-term sustainable park funding strategy. Existing law requires revenue generated by that program to be deposited into the State Parks and Recreation Fund and requires revenues identified as being in excess of specified revenue targets to be transferred annually, on or before June 1, to the subaccount. Existing law requires the department to allocate 50% of the total amount of revenues generated by a park district that exceed its revenue targets to that district, provides that revenues to be allocated to a park district that fails to achieve the revenue target shall remain in the subaccount, and requires the department to use 50% of the funds deposited in the subaccount from revenues generated by the revenue generation program for specified purposes. This bill would (A) instead authorize the department to transfer to the subaccount and allocate up to 50% of the total amount of revenues generated by park districts that exceed their revenue targets to these districts, and to transfer to the subaccount and allocate up to 50% of these excess revenues for specified purposes, (B) make the revenues in the California State Park Enterprise Fund available for encumbrance and expenditure until June 30, 2021, and for liquidation until June 30, 2023, and (C) make related changes. (12) Existing law, the California Wild and Scenic Rivers Act, provides for a system of classification of those rivers or segments of rivers in the state that are designated as wild, scenic, or recreational rivers, which are subject to various protections under the act. This bill would include within the system specified segments of the Mokelumne River, and would designate those added segments as wild, scenic, or recreational. The act also requires the Secretary of the Natural Resources Agency, prior to the designation of the Mokelumne river or specified segments of the river as additions to the system, to study and submit to the Governor and the Legislature a report on the suitability or nonsuitability of the proposed designations, and requires that the report contain specified information and recommendations with respect to the proposed designation. The act further prohibits, until completion of the study period and implementation of the recommendation to add segments of the Mokelumne River to the system, or December 31, 2021, whichever occurs first, a dam, reservoir, diversion, or other water impoundment facility from being constructed on any segment designated for study as a potential addition to the system unless the secretary makes a specified determination regarding the free-flowing condition and natural character of the river and segment. This bill would repeal the above-described provisions requiring the preparation of that report and prohibiting the construction of dams, reservoirs, diversions, or other water impoundment facilities on any segment designated for study as a potential addition to the system. The act prohibits a department or agency of the state from assisting or cooperating, whether by loan, grant, license, or otherwise, with any department of the federal, state, or local government, in the planning or construction of a dam, reservoir, diversion, or other water impoundment facility that could have an adverse effect on the free-flowing condition and natural character of the rivers and segments of those rivers included in the system or specified segments of the Mokelumne River designated for study by the secretary as potential additions to the system until after the study period and implementation of any recommendations have been completed, or December 31, 2021, whichever occurs first. This bill would delete those provisions relating to the specified segments of the Mokelumne River designated for study as potential additions to the system. (13) Existing law establishes the California Indian Heritage Center Task Force within the Department of Parks and Recreation. Existing law provides that the duties of the task force are to, among other things, make recommendations to the department on the potential siting of the heritage center. Existing law provides that the responsibilities of the task force shall be complete and its duties discharged when the heritage center is completed and the department has adopted a governing structure for the completed heritage center. This bill would provide that it is the intent of the Legislature that the department develop a California Indian Heritage Center for cultural preservation, learning and exchange, land stewardship, and a place to engage all visitors in celebrating the living cultures of California tribes. The bill would appropriate $100,000,000 from the Natural Resources and Parks Preservation Fund for the design and construction of the center, as provided. The bill would authorize the department to collect or receive moneys from contractual agreements, donations, gifts, bequests, or local government appropriations for the construction of the heritage center, to be deposited into the State Park Contingent Fund. The bill would continuously appropriate this money, up to $100,000,000, to the department for the construction of the center. (14) Existing law establishes the State Lands Commission in the Natural Resources Agency. Existing law, except as provided, specifies that conveyances of federal public lands are void ab initio unless the State Lands Commission was provided with the right of first refusal or the right to arrange for the transfer of the federal public land to another entity. Existing law requires the commission to issue a certificate of compliance if the commission was provided with the right of first refusal or the right to arrange for the transfer of the federal public land to another entity. Existing law requires the commission to waive the right of first refusal or the right to arrange for the transfer of the federal public land to another entity and issue a certificate of compliance for certain conveyances. This bill would authorize the executive officer of the commission to issue a certificate of compliance for certain conveyances. The bill would additionally require the executive officer to waive the right of first refusal or the right to arrange for the transfer of the federal public land to another entity and issue a certificate of compliance for conveyances of federal public land to the state and, except as provided, conveyances of federal public lands not managed by certain federal agencies. Existing law requires a deed, instrument, or other document related to a conveyance of federal public lands to contain a specified title. This bill would delete that requirement. (15) Existing law vests the State Lands Commission with control over specified state lands, including coastal lands. Existing law requires the commission to consult, and enter into any necessary negotiations, with the owners of a specified property known as the Martins Beach property, as described, in the unincorporated area of the County of San Mateo, to acquire a right-of-way or easement for the creation of a public access route to and along the shoreline, including the sandy beach. Existing law authorizes the commission, if it is unable to reach an agreement to acquire the right-of-way or easement for the creation of that public access route or the owners do not voluntarily provide access by January 1, 2016, to acquire a right-of-way or easement for the creation of that public access route at Martins Beach, in accordance with specified procedures. Existing law, the Kapiloff Land Bank Act, creates the Land Bank Fund and continuously appropriates moneys in the fund, subject to a statutory trust, to the commission, acting as the Land Bank Trustee, to acquire real property or any interest in real property for the purposes of public trust title settlements. Existing law requires that moneys in the fund be available for expenditure by the trustee to purchase outstanding interests in land where the public use and ownership of the land is necessary or extremely beneficial for furtherance of public trust purposes. Existing law authorizes acquisitions by negotiated agreement with the owner of the outstanding interests and specifies that the act is not intended to confer any authority to exercise the power of eminent domain for its purposes. This bill would create the Martins Beach Subaccount in the fund, and would require that moneys received from public and private sources, including nonprofit sources, to be used for the creation of that public access route be deposited into that subaccount and continuously appropriated to the commission for expenditure to acquire that right-of-way or easement, as prescribed, and be expended in accordance with a specified priority. By creating a continuously appropriated fund, the bill would make an appropriation. The bill would also authorize the commission to transfer moneys from the fund to the subaccount, in an amount not to exceed $1,000,000, for expenditure for that public access route, and would permit the commission to acquire the right-of-way or easement necessary for the creation of that public access route, as prescribed. The bill would authorize the commission to deposit into the subaccount and expend specified moneys received from the County of San Mateo for purposes related to the creation of that public access route. (16) Existing law establishes the California Conservation Corps in the Natural Resources Agency, and prescribes the functions and duties of the corps relating to providing educational, employment training, and other opportunities for corpsmembers, including, among other things, participation in projects involving the preservation, restoration, and enhancement of public lands in the state. This bill would require, commencing January 1, 2020, the corps to report to the Legislature, as provided, by December 31 of each year on specified educational and employment outcomes of the cohort of corpsmembers who permanently separated from the corps during the state fiscal year that ended 18 months before the date the report is due. (17) Existing law, the California Beverage Container Recycling and Litter Reduction Act, requires a distributor to pay a redemption payment for every beverage container sold or offered for sale in the state by the distributor to the Department of Resources Recycling and Recovery for deposit in the California Beverage Container Recycling Fund. Moneys in the fund are continuously appropriated to the department for certain payments. This bill would require the department to pay a market development payment to a reclaimer, as defined, for empty plastic beverage containers that have been collected for recycling in the state, and that the reclaimer washes and processes into flake, pellet, sheet, or any other form that is then usable as input for the manufacture of new plastic products, as defined, by product manufacturers in the state. The bill would require the department to pay a market development payment to a product manufacturer, as defined, for plastic flake, pellet, sheet, or any other form of plastic purchased from a reclaimer and used by that product manufacturer to manufacture a plastic product in the state. The bill would authorize the department to set the amount of a market development payment, up to $150 per ton. The bill would make these provisions inoperative on July 1, 2022. The bill would authorize the department, for the 2018–19 fiscal year, to expend up to $15 million from the fund for market development payments to reclaimers and product manufacturers, and would authorize up to $5 million of that amount to be expended for market development payments to reclaimers and product manufacturers for program participation, as provided, that occurred during the period from January 1, 2018, to June 30, 2018, inclusive. The bill would authorize the department, for the 2019–20 fiscal year to the 2021–22 fiscal year, inclusive, to expend up to $10 million each fiscal year from the fund for market development payments to reclaimers and product manufacturers. Because the bill would authorize an additional purpose for which money in the fund may be spent, the bill would make an appropriation. The bill would authorize a traffic officer and certain other peace officers to enforce the act as authorized representatives of the department. The bill would also delete obsolete provisions. (18) Existing law establishes the Delta Protection Commission to preserve, protect, maintain, and enhance the Sacramento-San Joaquin Delta region's environmental resources and quality, including preserving and protecting agriculture, wildlife habitats, open spaces, outdoor recreational activities, public access, and use of public lands. Existing law requires the commission to develop and adopt a plan and implementation program, including a finance and maintenance plan, for a continuous regional recreational corridor that extends around the delta, as described. Existing law further authorizes the commission to develop and adopt the plan and implementation program if it receives sufficient funds, from sources other than the General Fund, to finance the full costs of developing and adopting the plan. Existing law requires the commission to submit the plan and the implementation program to the Legislature and each of the counties within the commission's service area no later than 2 years after the commission determines that sufficient funds will be available to complete the plan and implementation program. This bill would instead authorize the commission to develop and adopt the plan and implementation program if it receives sufficient funds, from sources other than the General Fund, to either (A) finance the full costs of developing and adopting the plan or (B) develop and implement a defined portion of the plan, such as specific trail segments and related facilities identified in the plan. The bill would require the commission to submit the plan and the implementation program to the Legislature and each of the counties within the commission's service area no later than 2 years after the commission determines that sufficient funds will be available to complete all or a defined portion of the plan and implementation program. (19) Under existing law, the Public Utilities Commission (PUC) has regulatory authority over public utilities, including electrical corporations and gas corporations and has jurisdiction over the delivery of electrical services. Existing law authorizes the PUC to fix the rates and charges for every public utility and requires that those rates and charges be just and reasonable. Existing law authorizes the PUC to appoint an attorney to the PUC, requires the attorney to represent and appear for the people of the State of California and the PUC in actions and proceedings involving questions under the Public Utilities Act or under orders or acts of the PUC, and requires the attorney, as specified, to intervene, if possible, in any action or proceeding in which those questions are involved. Existing law requires the PUC and the Electricity Oversight Board to jointly facilitate the efforts of the state's transmission owning electrical corporations to obtain authorization from the Federal Energy Regulatory Commission (FERC) to recover reasonable expenditures made to plan, design, and engineer reconfiguration, replacement, or expansion of transmission facilities for purposes of facilitating competition in electrical generation markets, ensuring open access and comparable service, or maintaining or enhancing reliability, whether or not these expenditures are for transmission facilities that become operational. Existing law provides for the establishment of an Independent System Operator (ISO) as a nonprofit public benefit corporation and requires the ISO to make certain filings with the FERC and to seek authority from the FERC as needed to give the ISO the ability to secure generating and transmission resources necessary to guarantee achievement of planning and operating reserve criteria no less stringent than those established by the Western Electricity Coordinating Council and the North American Electric Reliability Council. This bill would require the PUC to annually submit a report with specified information to the Legislature on the PUC's advocacy efforts to keep transmission rates low for ratepayers through its participation in FERC rate cases and the ISO's transmission planning processes. (20) Existing law requires the PUC and the State Energy Resources Conservation and Development Commission (Energy Commission) to undertake specified actions to advance the state's clean energy and pollution reduction objectives, including establishment of an advisory group consisting of representatives from disadvantaged communities. Existing law requires the advisory group to review and provide advice on programs proposed to achieve clean energy and pollution reduction, and to determine whether those proposed programs will be effective and useful in disadvantaged communities. This bill would provide that a member of the disadvantaged community advisory group receive per diem and be reimbursed for travel and other necessary expenses incurred in the performance of his or her duties. The bill would limit the total expenses for these purposes to not more than $100,000 per year, and would provide that the PUC and Energy Commission equally fund these expenses. (21) Existing law requires every electric utility, defined to include an electrical corporation, local publicly owned electric utility, or an electrical cooperative, to develop a standard contract or tariff providing for net energy metering, as defined, and to make this contract or tariff available to eligible customer generators, as defined, upon request for generation by a renewable electrical generation facility, as defined. An electric utility, upon request, is required to make available to eligible customer generators contracts or tariffs for net energy metering through July 2, 2017, on a first-come-first-served basis until the time that the total rated generating capacity used by eligible customer generators exceeds 5% of the electric utility's aggregate customer peak demand. Existing law includes as an eligible customer-generator, a United States Armed Forces base or facility, if the base or facility uses a renewable electrical generation facility, or a combination of those facilities, that is located on premises owned, leased, or rented by the base or facility, is interconnected and operates in parallel with the electrical grid, is intended primarily to offset part or all of the base or facility's own electrical requirements, and has a generating capacity that does not exceed the lesser of 12 megawatts or one megawatt greater than the minimum load of the base or facility over the prior 36 months. Existing law prohibits a United States Armed Forces base or facility that is an eligible consumer-generator from receiving compensation for exported generation. Existing law requires the PUC, no later than December 31, 2015, to develop another standard contract or tariff for an eligible customer-generator with a renewable electrical generation facility that is a customer of a large electrical corporation. Existing law requires the large electrical corporation to offer this standard contract or tariff to new eligible customer-generators beginning July 1, 2017, or prior to that date if ordered to do so by the PUC because it has reached the 5% limit established for the corporation pursuant to the original net energy metering program. This bill would specify that this 2nd standard contract or tariff developed by the PUC shall not be subject to the special conditions applicable to a United States Armed Forces base or facility that is an eligible customer-generator under the original contract or tariff. Under existing law, a violation of the Public Utilities Act or any order, decision, rule, direction, demand, or requirement of the PUC is a crime. Because portions of this bill would require action by the PUC to implement its requirements, a violation of these provisions would impose a state-mandated local program by creating a new crime or expanding an existing crime. (22) Existing law establishes the Office of Ratepayer Advocates within the PUC to represent the interests of public utility customers and subscribers, with the goal of obtaining the lowest possible rate for service consistent with reliable and safe service levels. Existing law creates the Public Utilities Commission Ratepayer Advocate Account in the General Fund. This bill would change the name of the Office of Ratepayer Advocates to the Public Advocate's Office of the Public Utilities Commission and the name of the Public Utilities Commission Ratepayer Advocate Account to the Public Utilities Commission Public Advocate's Office Account. (23) The California Public Utilities Commission Governance, Accountability, Training, and Transportation Oversight Act of 2017, effective July 1, 2018, repeals the Household Goods Carriers Act, under which the PUC exercises regulatory jurisdiction over household goods carriers, and transfers those duties to the Division of Household Movers within the Bureau of Electronic and Appliance Repair, Home Furnishings, and Thermal Insulation in the Department of Consumer Affairs, with the recast provisions renaming those carriers "household movers." Existing law establishes the Household Movers Fund, to be used by the bureau, upon appropriation, for the administration of its regulatory authority over household movers. Existing law establishes the Transportation Rate Fund, moneys in which are to be expended by the PUC for the purpose of administering and enforcing the Household Goods Carriers Act, and provides for the transfer of the authority to expend the unexpended balance of that fund to the bureau on and after July 1, 2018. This bill would repeal the language providing for the transfer of authority from the PUC to the bureau to expend the unexpended balance in the Transportation Rate Fund on and after July 1, 2018. This bill would require the Controller, upon order of the Department of Finance, to transfer all moneys remaining in the Transportation Rate Fund to the Household Movers Fund by September 30, 2020. The bill would make the Transportation Rate Fund inoperative on November 1, 2020, and would repeal the fund on January 1, 2021. (24) Existing law requires the Department of Water Resources to supervise the maintenance and operation of dams and reservoirs as necessary to safeguard life and property. Existing law prohibits the construction of any new dam or reservoir or the enlargement of any dam or reservoir from being commenced until the owner has applied for and obtained from the department written approval of plans and specifications. Existing law, the California Emergency Services Act, requires the Director of Emergency Services to coordinate the emergency services of all state agencies in connection with a state or local emergency. Existing law makes an owner of a dam that is regulated by the state responsible for emergency preparedness with regard to the potential for loss of life and property resulting from the failure of a dam or its critical appurtenant structures, as defined. Existing law requires the owner of a dam that is regulated by the state, except for a dam classified as low hazard, to prepare and submit to the department for approval an inundation map showing the area that would be subject to flooding under various failure scenarios unique to the dam and the critical appurtenant structures of the dam. Existing law requires the owner of a dam, on or before a date determined by the level of hazard classification of the dam, to develop and submit to the department and the office an emergency action plan with certain components, based upon the inundation map or maps approved by the department. Existing law requires the office to review and approve an emergency action plan, as prescribed, and to give priority in its review to dams with the highest hazard classification. Existing law provides that every person who violates certain provisions relating to dam safety or of any approval, order, rule, regulation, or requirement of the department is guilty of a misdemeanor, punishable as prescribed. This bill would require the owner of a dam required to submit an inundation map to the department to submit to the department and the office its emergency action plan electronically. The bill would require the owner of a dam with an emergency action plan existing as of March 1, 2017, that contains an inundation map for the dam and all critical appurtenant structures that department determines are sufficient, to submit the complete emergency action plan reflecting all critical appurtenant structures to the office for review within 30 days of department approval. The bill would require the owner of a dam with an emergency action plan existing as of March 1, 2017, that does not include an inundation map for all critical appurtenant structures to submit the emergency action plan to the office after the department reviews a map included in the plan for sufficiency. The bill would require the owner of a dam described in this paragraph to continue to prepare an inundation map with due diligence, as defined, for any remaining critical appurtenant structures and to submit the map or maps to the department for review and approval. The bill would authorize the office to defer review and approval of the new or updated emergency action plan until the office has received an inundation map approved by the department for the dam and all critical appurtenant structures. The bill would authorize an owner of a dam to use an emergency action plan that existed as of March 1, 2017, on an interim basis, pending approval of a new or updated emergency action plan that includes a map for the dam and all critical appurtenant structures if the office approves an emergency action plan when the owner of the dam is continuing to prepare an inundation map with due diligence. The bill would require the owner of a dam preparing an inundation map with due diligence to submit a proposed time schedule to the department no later than 60 days after the effective date of the bill and would require the department to make the schedule publicly available. Because failing to submit a proposed time schedule or comply with a time schedule approved by the department would be a crime, this bill would impose a state-mandated local program. (25) Existing law establishes a delta levee maintenance program pursuant to which a local agency may request reimbursement for costs incurred in connection with the maintenance or improvement of defined project or nonproject levees in the Sacramento-San Joaquin Delta. Existing law declares legislative intent to reimburse eligible local agencies under this program, until July 1, 2018, in an amount not to exceed 75% of those costs that are incurred in excess of $1,000 per mile of levee. Existing law, until July 1, 2018, authorizes the Central Valley Flood Protection Board to provide funds to an eligible local agency under this program in the form of an advance in an amount that does not exceed 75% of the estimated state share. This bill would instead require the Department of Water Resources, upon appropriation by the Legislature, to reimburse an eligible local agency for not more than 75% of any costs incurred per mile of project or nonproject levee if the entire cost incurred per mile is either $2,500 or less for a levee in an urban area, as defined, or $1,000 or less for a levee in a rural area. The bill would revise the information a local agency is required to provide to the department as the basis for determining the eligible reimbursement. The bill would eliminate the sunset on the authorization for the board to provide an advance of funds. Existing law, on and after July 1, 2018, declares the intent of the Legislature to reimburse eligible local agencies under this program in an amount not to exceed 50% of those costs that are incurred in excess of $1,000 per mile of levee in any year for the maintenance and improvement of levees. Existing law, on and after July 1, 2018, declares the intent of the Legislature that the maximum total reimbursement under the program shall not exceed $2,000,000 annually. This bill would repeal these provisions. (26) The bill would declare that due to the unique geographical features of the Mokelumne River and its tributaries, a general statute within the meaning of specified provisions of the California Constitution cannot be made applicable. (27) This bill would make legislative findings and declarations as to the necessity of a special statute for Martins Beach. (28) The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. This bill would provide that no reimbursement is required by this act for specified reasons. (29) This bill would declare that it is to take effect immediately as a bill providing for appropriations related to the Budget Bill.
Bill status signed all 5 stages cleared
Introduction
Jan 2018
Committee Review
Jun 2018
Senate Passage
May 2018
Assembly Passage
Jun 2018
Signed into Law
Jun 2018
Introduced Jan 10, 2018 Signed Jun 27, 2018
Floor votes · Senate May 3, 2018 · Assembly Jun 14, 2018

How they voted

209
Passed · 2 other
Total votes 31
May 3, 2018
D Democratic21
20 Yea 1
95% Yea
R Republican10
9 Nay 1
90% Nay
Vote distribution
All Yea All Nay Mixed No data
Full legislative history

Actions timeline

Total actions
23
Key actions
4
Committee
3
Amendments
1
Jun 27, 2018
Signed into law
Approved by the Governor.
legislature
Jun 14, 2018
Assembly · Passed
Assembly Vote: pass (48-21-1)
assembly
Jun 14, 2018
Upper · Passed
Assembly amendments concurred in. (Ayes 25. Noes 12. Page 4687.) Ordered to engrossing and enrolling.
upper
Jun 14, 2018
Introduced
In Senate. Concurrence in Assembly amendments pending.
upper
May 7, 2018
Committee
Referred to Com. on BUDGET.
lower
May 3, 2018
Senate · Passed
Senate Vote: pass (20-9-2)
senate
Jan 16, 2018
Committee
Referred to Com. on B. & F.R.
upper
Jan 10, 2018
Introduced
Introduced. Read first time. To Com. on RLS. for assignment. To print.
upper
0 primary · 0 co-sponsors

Sponsors

No sponsor information available.