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									     Los Angeles County Bar Association
          Environmental Law Section



                  Summary of

California Environmental Legislation

                  2002 Session


     Legislative Review Subcommittee

         Siegmund Shyu, Morrison & Foerster LLP
                         Chair

         Scott B. Birkey, Morrison & Foerster LLP
                        Vice-Chair

    Vanita Peter, City of Anaheim, City Attorney’s Office
                       Assistant Support


              Executive Committee

       Gregory D. Trimarche, Greenberg Traurig, LLP
                          Chair
                                           PREFACE

This review of California environmental legislation covers bills chaptered into law during the
2002 session of the California Legislature. The status of many bills this year was complicated by
the state’s budget shortfalls. Democrats enjoyed large majorities in both houses, but still needed
the votes of Republicans to reach the requisite 2/3 vote.

Governor Davis signed into law many of the major environmental bills presented in this session.
These include:

   AB 947 - Pesticide Applications. This act increases fines for violations of pesticide
    application provisions.
   AB 1493 - Motor Vehicle Emissions Relating to Greenhouse Gases. This act was one of the
    most controversial, as it makes California the first state in the nation to regulate tailpipe
    emissions of greenhouse gases.
   AB 2214 - Licensing for the Disposal of Low-Level Radioactive Waste. This act declares
    the proposed low-level radioactive waste dispository in Ward Valley unsuitable.
   AB 2367 - Motor Vehicle Inspections in Bay Area. This act imposes stricter vehicle
    emissions inspection programs in the Bay Area
   SB 1038 and 1078 - Energy. These acts require utilities to increase their procurement of
    power generated from renewable sources.
   SB 1822 - Safe Drinking Standards and Perchlorate. This act requires the state to adopt a
    drinking water standard for perchlorate by January 1, 2004.

Governor Davis did veto some noteworthy environmental bills, including: (1) AB 1619, which
would have established a state program to fund local electronic waste recycling; (2) SB 1523,
which would have imposed a fee on monitors and television disposal; and (3) SB 1970, which
would have prohibited any low-level radioactive waste disposal at landfills or metal recyclers.

This summary intends to capture this year’s most important environmental bills. It presents new
statutes in broad environmental categories of Air, Energy, Hazardous Waste, Land Use, Solid
Waste, Threatened and Endangered Species, and Water. As a summary, the descriptions do not
present exhaustive explanations of each bill, and are not intended as legal advice. Please refer
directly to the statute itself for the complete language. All bills may be viewed at
www.leginfo.ca.gov.

                                                                                  Siegmund Shyu
                                                                                  Scott B. Birkey
                                                                                     Vanita Peter




                                                i
                                  TABLE OF CONTENTS

AIR ________________________________________________________________________ 1
  AB 1173 – Indoor Air Pollution______________________________________________________ 1
  AB 1493 – Motor Vehicle Emissions Relating to Greenhouse Gases ________________________ 1
  AB 1867 – Smoking Regulations _____________________________________________________ 1
  AB 2303 – Motor Vehicle Registration ________________________________________________ 2
  AB 2367 – Motor Vehicle Inspections in Bay Area ______________________________________ 2
  AB 2650 – Air Pollution from Marine Terminals _______________________________________ 3
  SB 433 – Motor Vehicle Fuel ________________________________________________________ 3
  SB 812 – Greenhouse Emissions _____________________________________________________ 4
  SB 1420 – Motor Vehicle Emissions Relating to Smog Checks ____________________________ 4
  SB 1578 – Specially Constructed Vehicles _____________________________________________ 5
  SB 1920 – Air Pollution Control District Hearings ______________________________________ 5
  SB 2053 – Toxic Air Contaminants ___________________________________________________ 5


ENERGY ___________________________________________________________________ 6
  AB 2461 – Vehicle License Fees for Low-Emission Vehicles ______________________________ 6
  SB 284 – School Facilities ___________________________________________________________ 6
  SB 1534 – Solar Energy Systems _____________________________________________________ 6
  SB 1038 – Renewable Energy _______________________________________________________ 7
  SB 1078 – California Renewables Portfolio Standard Program ___________________________ 7
  SB 1755 – Electric Power for County Water Districts and Municipal Water Districts _________ 8


HAZARDOUS WASTE ________________________________________________________ 9
  AB 947 – Pesticide Application ______________________________________________________ 9
  AB 2112 – Licensing for the Transportation of Hazardous Materials ______________________ 9
  AB 2166 – Transportation of Used Oil ________________________________________________ 9
  AB 2214 – Licensing for the Disposal of Low-Level Radioactive Waste _____________________ 9
  AB 2687 – Highway Control for the Transportation of Hazardous Materials _______________ 10
  SB 489 – Requirements for Persons Transporting Hazardous Materials __________________ 10
  SB 1011 – Curbside Household Hazardous Waste Collection ____________________________ 10
  AB 1257 – Vehicles Used in Transportation of Hazardous Substances _____________________ 11
  SB 1572 – Settlement Reporting Form for Proposition 65 _______________________________ 12




                                              ii
 SB 1684 – Polanco Redevelopment Act Extension Relating to Remediation of Hazardous Wastes
 by Redevelopment Agencies________________________________________________________ 12
 SB 1922 – Transportation of Mineral Oil By Utilities ___________________________________ 12
 SB 2065 – Reporting for Low-Level Radioactive Waste _________________________________ 12


LAND USE _________________________________________________________________ 14
 AB 137 – Annexations in Agricultural Preserves ______________________________________ 14
 AB 1108 – Environmental Review Scoping Meetings ___________________________________ 14
 AB 1414 – Public Lands ___________________________________________________________ 14
 AB 1913 – Coastal Development ____________________________________________________ 15
 AB 1997 – Land Conservation ______________________________________________________ 15
 AB 2158 – Affordable Housing Requirements in Coastal Development Permits _____________ 16
 AB 2227 – Local Agency Formation _________________________________________________ 16
 AB 2370 – Annexation in Local Agency Formation ____________________________________ 17
 AB 2436 – Land Use Restrictions: Cleanup and Abatement _____________________________ 18
 AB 2704 – Flood Damage Reduction and Urban Creek Restoration_______________________ 18
 AB 3041 – Use of State Clearinghouse by CEQA Lead Agencies on Natural Resources _______ 19
 SB 984 – Rangeland, Grazing Land, and Grassland Protection Act _______________________ 19
 SB 1393 – CEQA Review of Certified Regulatory Programs _____________________________ 20
 SB 1468 – Military Facilities in General Plans ________________________________________ 21
 SB 1717 – City Annexations ________________________________________________________ 21
 SB 1925 – CEQA Exemptions ______________________________________________________ 22
 SB 2055 – Subdivisions ____________________________________________________________ 22


SOLID WASTE _____________________________________________________________ 23
 AB 467 – Landfill Loans __________________________________________________________ 23
 AB 1400 – Solid Waste Composting Facility in Mariposa County_________________________ 23
 AB 1482 – Source Reduction and Recycling in Integrated Waste Management Plan _________ 23
 AB 2308 – Inert Waste Deduction Reporting__________________________________________ 23
 AB 2770 – Recycling Technology ___________________________________________________ 24
 SB 648 – Recycling Requirements for Public Agencies __________________________________ 24
 SB 1328 – Solid Waste Illegal Disposal Abatement Grant Program _______________________ 24
 SB 1374 – Solid Waste Reduction ___________________________________________________ 24
 SB 1514 – Beverage Container Recycling in Schools ___________________________________ 25
 SB 1542 – Environmental Justice in Siting Decisions ___________________________________ 25




                                            iii
 SB 1697 – Antifreeze in Public Contracts_____________________________________________ 25


THREATENED AND ENDANGERED SPECIES _________________________________ 26
 AB 858 – Effect of Reduced Waterflow on Salmon and Steelhead ________________________ 26
 SB 107 – Natural Community Conservation Planning __________________________________ 26
 SB 482 – Salton Sea ______________________________________________________________ 27
 SB 550 – Endangered Species ______________________________________________________ 27
 SB 1573 – Interagency Aquatic Invasive Species Council________________________________ 28
 SB 2052 – Endangered Species in Natural Community Conservation Plans ________________ 28


WATER____________________________________________________________________ 30
 AB 776 – Fairfield-Susian Sewer District _____________________________________________ 30
 AB 1393 – State Water Resources Control Board Authorities ____________________________ 30
 AB 1760 – Orange County Water District ____________________________________________ 31
 AB 1823 – Regional Water Systems _________________________________________________ 31
 AB 1864 – Pajaro Valley Water Management District __________________________________ 32
 AB 1969 – Orange County Wastewater Discharges ____________________________________ 32
 AB 2351 – Penalties for Water Quality Violations _____________________________________ 32
 AB 2362 – Discharges from Marine Vessels ___________________________________________ 33
 AB 2469 – Regional Water Management Groups ______________________________________ 33
 AB 2481 – Water Quality Control Provisions _________________________________________ 33
 AB 2534 – Protection of Beaches ____________________________________________________ 35
 AB 2606 – Recycled Water in Waste Wells ___________________________________________ 35
 AB 2645 - Security Information for Local Agencies Open Meetings _______________________ 36
 AB 2704 – Flood Damage Reduction and Urban Creek Restoration_______________________ 36
 AB 2717 – Water Desalination _____________________________________________________ 36
 AB 2971 – Wastewater Treatment Plants ____________________________________________ 37
 SB 469 – Total Maximum Daily Loads _______________________________________________ 37
 SB 526 – Discharges from Underground Storage Tanks ________________________________ 37
 SB 621 – Water Bonds ____________________________________________________________ 38
 SB 849 – Fees Relating to Oil Spills _________________________________________________ 38
 SB 1093 – Recreational Water Use in Sly Park Recreational Area ________________________ 38
 SB 1348 – Water Conservation _____________________________________________________ 38
 SB 1372 – Solar Evaporators _______________________________________________________ 39
 SB 1381 – Santa Monica Bay Restoration Commission _________________________________ 39



                                           iv
SB 1473 – Water Security, Drinking Water, Coastal Beach Protection Act of 2002 __________ 39
SB 1513 – Oil Spill Contingency Planning ____________________________________________ 40
SB 1518 – Recycled Water _________________________________________________________ 40
SB 1599 – Water Quality Enforcement ______________________________________________ 41
SB 1628 – Attorney General Representation of Water Board and Others __________________ 41
SB 1653 – California Bay-Delta Authority Act ________________________________________ 41
SB 1672 – Integrated Regional Water Management Planning Act ________________________ 42
SB 1711 – Water and Electrical Energy Facilities ______________________________________ 42
SB 1822 -- Safe Drinking Water Standards and Perchlorate _____________________________ 42
SB 1870 – San Francisco Bay Area Regional Water System Financing Authority ___________ 43
SB 1938 – State Funding for Groundwater Management________________________________ 43




                                            v
                                                AIR

AB 1173 – Indoor Air Pollution
Keeley

An act to add Section 39930 to the Health and Safety Code, relating to air pollution.

This act requires the Air Resources Board to provide, by January 1, 2004, in consultation with
other state agencies, a report to the Legislature summarizing the best scientific information
available on indoor air pollution. The information to be provided includes potential adverse
effects, existing regulations, current industry practices, and other state and federal biological and
radiological practices. The act also requires the board to contract with scientific institutions to
conduct an external peer review of the report, to be presented at a public meeting to the board.


AB 1493 – Motor Vehicle Emissions Relating to Greenhouse Gases
Pavley

An act to amend Section 42823 of, and to add Section 43018.5 to, the Health and Safety Code,
relating to air quality.

This act requires the California Climate Action Registry, in consultation with the Air Resources
Board, to adopt procedures and protocols for the reporting and certification of reductions in
greenhouse gas emissions from mobile sources for use by the board in granting emission
reduction credits. It also requires the board to develop and adopt, by January 1, 2005,
regulations that achieve the maximum feasible reduction of greenhouse gases emitted by
passenger vehicles, light-duty trucks, and other noncommercial personal vehicles.

The act requires the board regulations, among other things, to: (a) take effect after January 1,
2006; (b) apply only to a motor vehicle manufactured in the 2009 model year and after; (c)
provide flexibility, to the maximum extent feasible, in the means for compliance; (d) prohibit the
board from imposing a mandatory trip reduction measure or land use restriction; (e) prohibit the
imposition of additional fees, taxes, or other limitations on vehicles; (f) require the board to
conduct public workshops regarding the regulations in specified communities; (g) require the
board to grant emission reduction credits for reductions of greenhouse gas emissions achieved
prior to the operative date of the regulations; (h) require the board to include an exemption for
vehicles subject to specified exhaust emission standards; and (i) authorize the board to elect not
to adopt a standard for a greenhouse gas, if there is a federal standard.


AB 1867 – Smoking Regulations
Vargas

An act to amend Section 104495 of the Health and Safety Code, relating to tobacco products.

This act increases the fine from smoking a cigarette, cigar, or other tobacco-related product, or
from disposing of cigarette butts, cigar butts, or any other tobacco-related waste, within a



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playground or a tot lot sandbox area from $100 to $250. It also expands the prohibited smoking
and disposal area to within 25 feet of playground or a tot lot sandbox area.


AB 2303 – Motor Vehicle Registration
Runner

An act to amend Sections 4000.1 and 5751.5 of the Vehicle Code, relating to registration of
vehicles.

This act changes the time period to take advantage of an exception for motor vehicle
registrations relating to smog certificates


AB 2367 – Motor Vehicle Inspections in Bay Area
Cardoza

An act to amend Sections 40221.5, 44011, 44014.2, 44014.5, 44015, 44081, and 44091.1 of, and
to add Section 44003.5 to, the Health and Safety Code, relating to air pollution.

This act permits certain Bay Area Air Quality Management District board members to designate
a deputy to act on behalf of the board. It establishes an enhanced smog check program in the San
Francisco Bay Area Basin, after determining if it will be feasible.

This act also requires the board to submit, by January 1, 2004, for peer review a specified study
produced by the University of California at Riverside and commissioned by board, to determine
the impact of the enhanced motor vehicle inspection and maintenance program on Contra Costa
County and surrounding areas. It requires the board to suggest mitigation measures if the peer
review concludes that the program results in adverse ozone and other air quality impacts in
Contra Costa County or parts of Solano, San Joaquin, Alameda, and Santa Clara Counties. Also,
this act exempts from that biennial certification requirement any vehicle up to six model-years
old, unless the State Air Resources Board finds that providing an exception for those vehicles
will prohibit the state from meeting the requirements of the federal Clean Air Act.

This act requires the Department of Consumer Affairs, no later than January 1, 2004, to adopt
regulations to permit any vehicle that fails a required smog test to be retested. It requires the
department to permanently institute the gross polluter repair program. This act also extends the
operative date to January 1, 2010, of certain provisions relating to smog impact fees.

This act would only become operative if the petitioners in specified pending litigation are
granted a motion to withdraw from the case, with prejudice, and the petitioners file a certified
copy of that order with the Secretary of State.




                                                 2
AB 2650 – Air Pollution from Marine Terminals
Lowenthal

An act to amend Section 42407 of, to add Section 40720 to, to add Chapter 9.8 (commencing
with Section 44299.80) to Part 5 of Division 26 of, to add and repeal Section 40720.5 of, and to
repeal Section 44299.83 of, the Health and Safety Code, relating to air pollution.

This act requires each marine terminal in the state to operate in a manner that does not cause the
engines on trucks to idle for more than 30 minutes while waiting to load or unload at the
terminal. It makes any owner or operator of a marine terminal that acts in violation of that
requirement subject to a fine. This act makes any action taken by a marine terminal to pass the
costs of that fine onto the owner or operator of a truck a violation of law.

This act also imposes a fine on the owner or operator of the marine terminal or port for taking
any action to divert idling trucks to area freeways or alternate staging areas. It exempts from the
requirement any marine terminal that provides specified staffing at receiving and delivery gates.
This act exempts from the requirement, until July 1, 2003, any marine terminal that implements,
or begins to implement, a specified scheduling or appointment system for trucks to enter the
marine terminal.

This act creates the California Port Community Air Quality Program in the Bay Area Air Quality
Management District and the South Coast Air Quality Management District, to be administered
and implemented by those districts within their jurisdictions. It requires those districts to provide
grants to offset the advanced introduction costs of eligible projects that reduce onroad emissions
of particulate matter within communities adjacent to marine terminals or ports within the
jurisdiction of those districts. This act authorizes those districts to utilize moneys derived from
fines imposed within the district's jurisdiction for a violation of the provisions to offset the costs
incurred in administering, enforcing, and monitoring the activities and fund the grant program.


SB 433 – Motor Vehicle Fuel
Machado

An act to repeal Sections 43021 and 43033 of the Health and Safety Code, relating to air
resources.

This act repeals existing law that makes a person who transports fuel for a motor vehicle fuel
distributor who is not in compliance with specified laws, liable for a civil penalty. It also repeals
the expiration date of existing law that provides for civil or administrative penalties up to a
prescribed maximum, depending on the nature of the violation, for a violation of prescribed
statutes or any rule, regulation, permit, variance, or order of the State Air Resources Board
pertaining to fuel requirements and standards.




                                                  3
SB 812 – Greenhouse Emissions
Sher

An act to amend Sections 42801.1, 42823, 42840, and 42841 of, and to add Section 42823.1 to,
the Health and Safety Code, relating to air pollution.

This act requires the California Climate Action Registry to provide referrals to approved
providers for advice on incorporating conservation and best management practices of native
forest reservoirs as a mechanism to assist participants in the attainment of emissions reduction
goals and the reporting of emissions results. It requires the registry to adopt procedures and
protocols for the reporting and certification of greenhouse gas emission reductions resulting from
a project or an action of a participant

This act also requires the registry, in coordination with the Resources Agency, to adopt
procedures and protocols, for the monitoring and certifying carbon stores and carbon
dioxide emissions resulting from the conservation of native forest reservoirs in California. It
requires the registry, in consultation with the State Air Resources Board, to adopt procedures and
protocols for the reporting and certification of specified reductions in emissions of greenhouse
gases.


SB 1420 – Motor Vehicle Emissions Relating to Smog Checks
Johannessen

An act to amend Section 44014 of the Health and Safety Code, and to amend Sections 27150.1,
27150.2, and 27150.7 of the Vehicle Code, relating to vehicles.

This act requires licensed smog check stations that offer referee functions to consumers to
provide for the testing of vehicular exhaust systems only for those vehicles that have been issued
a citation for the violation of specified exhaust system requirements. It requires these stations to
issue certificates of compliance for vehicles when tests of their exhaust systems demonstrate that
the systems emit no more than 95 dbA. This act eliminates the requirement that the
commissioner adopt regulations on that subject.

This act further requires a station to charge a fee to be deposited in the Vehicle Inspection and
Repair Fund, for issuing a certificate of compliance. It allows a court to dismiss a prosecution
for violating vehicular noise level restrictions if it finds either that a certificate of compliance has
been issued regarding the exhaust system, or if the defendant had reasonable grounds to believe
that the exhaust system was in good working order and that the vehicle was not operated in
violation of those restrictions.




                                                   4
SB 1578 – Specially Constructed Vehicles
Johannessen

An act to amend Section 44017.4 of the Health and Safety Code, and to add Section 4750.1 to
the Vehicle Code, relating to emission control.

This act modifies and sets forth new registration and emission requirements relating to the 500-
vehicle limit for registration of specially constructed vehicles.


SB 1920 – Air Pollution Control District Hearings
Knight

An act to amend Section 40131 of the Health and Safety Code, relating to air resources.

This act requires Air Pollution Control District public hearings for reviewing and commenting to
be separated, by a period of not less than two weeks, from the hearing at which the budget is
adopted. It excludes districts with a population of 1,000,000 persons or less from the
requirement that the public hearing for reviewing and commenting on the budget be held
exclusively for those purposes.


SB 2053 – Toxic Air Contaminants
Sher

An act to amend Section 44321 of the Health and Safety Code, relating to air resources.

This act requires the State Air Resources Board to include on the toxic air pollutant list certain
substances pursuant to the federal Clean Air Act.




                                                 5
                                            ENERGY

AB 2461 – Vehicle License Fees for Low-Emission Vehicles
Keeley

An act to amend Section 10759.5 of the Revenue and Taxation Code, relating to taxation, to take
effect immediately.

The Vehicle License Fee Law provides that the annual amount of the license fee for any vehicle
is 2% of the market value of the vehicle. It provides for the determination of the market value of
any vehicle, for reclassification to increase the market value of a vehicle, and for the exemption
of certain vehicles from the imposition of the license fee. Existing law, until January 1, 2003, for
purposes of determining the vehicle license fee, exempts from the determination of market value
the incremental costs, that are incurred with respect to a new light-duty motor vehicle propelled
by an alternative fuel that is certified by the State Air Resources Board as producing emissions
that meet, or are lower than, the emission standards and other specifications for ultra-low-
emission vehicles. This act extends these provisions until January 1, 2009, and would make
certain legislative findings and declarations regarding vehicle emissions.


SB 284 – School Facilities
Polanco

An act to add Section 17255 to the Education Code, relating to school facilities.

This act requires the Energy Resources Conservation and Development Commission, in
consultation with the State Department of Education and the Division of the State Architect and
the Office of Public School Construction within the Department of General Services, to
recommend best design practices that include energy efficiency measures for all new public
schools, and to report the recommendations to the Governor and the Legislature by October 1,
2003.


SB 1534 – Solar Energy Systems
Bowen

An act to amend Section 714 of the Civil Code, relating to solar energy systems.

This act requires that a solar energy system meet all applicable safety and performance standards
established by the National Electrical Code and the Institute of Electrical and Electronics
Engineers, among others, and applicable rules of the Public Utilities Commission.




                                                 6
SB 1038 – Renewable Energy
Sher

An act to amend Sections 25620, 25620.1, 25620.2, 25620.3, 25620.5, 25620.7, 25620.8, 25648,
25648.4, and 25684 of, to add Section 25620.10 to, and to add and repeal Section 25620.9 of, the
Public Resources Code, to amend Sections 381, 383.5, 394.25, and 445 of, to add Sections 353.2,
383.6, and 2826.5 to, to add and repeal Section 2826.6 of, and to repeal and amend Section 399.7
of, the Public Utilities Code, relating to energy.

This act requires the Energy Commission to convene an advisory board on a regular basis,
composed of representatives from the commission, consumer organizations, environmental
organizations, and electrical corporations, to make recommendations to guide the Energy
Commission's selection of programs and projects to be funded.

This act requires the funding of in-state operation and development of existing and new and
emerging renewable resources technologies to be made available pursuant to a specified
provision of existing law. The act requires the Energy Commission to award electrical
corporations up to 10% of the funds transferred to the Public Interest Research, Development,
and Demonstration Fund, for public interest research, development and demonstration projects
for transmission and distribution functions, in lieu of the commission ordering electrical
corporations to collect and spend funds for investments in public interest research, development,
and demonstration projects for transmission and distribution functions.

The act also includes within the definition of "in-state renewable electricity generation
technology" a facility using fuel cells using renewable fuels, ocean thermal, tidal current, and
wave energy generation technologies.

This act makes several allocation requirements of the funds collected to accomplish the funding
of in-state operation and development of existing and new and emerging renewable resources
technologies, to be spent by the San Diego Gas and Electric Company, the Southern California
Edison Company, and the Pacific Gas and Electric Company, to be used for programs that are
designed to improve the competitiveness of specified eligible existing in-state renewable
electricity generation technology facilities. This act also authorizes the commission to consider
energy efficiency and emissions performance to encourage early compliance with the air quality
standards established by the State Air Resources Board for ultra-clean and low-emission
distributed generation in establishing certain rates and fees.


SB 1078 – California Renewables Portfolio Standard Program
Sher

An act to add Sections 387, 390.1, and 399.25 to, and to add Article 16 (commencing with
Section 399.11) to Chapter 2.3 of Part 1 of Division 1 of, the Public Utilities Code, relating to
renewable energy.




                                                 7
The act requires retail suppliers of electric services to disclose sources of electrical generation
and requires that those retail suppliers report information to the State Energy Resources
Conservation and Development Commission. This act establishes the California Renewables
Portfolio Standard Program, which will require that a retail seller of electricity, including
electrical corporations, community choice aggregators, and electric service providers, purchase a
specified minimum percentage of electricity generated by eligible renewable energy resources.

The act requires the PUC to implement the renewables portfolio standard for electrical
corporations. Each electrical corporation is required to increase its total procurement of eligible
renewable energy resources by at least 1% per year so that 20% of its retail sales are procured
from eligible renewable energy resources. If an electrical corporation fails to procure sufficient
eligible renewable energy resources in a given year to meet an annual target, the electrical
corporation will be required to procure additional eligible renewable resources in subsequent
years to compensate for the shortfall. The act also requires the Energy Commission to certify
eligible renewable energy resources, to design and implement an accounting system to verify
compliance with the renewables portfolio standard by retail sellers, and to allocate and award
supplemental energy payments to cover above-market costs of renewable energy.

This act provides that an application of an electrical corporation for a certificate for the
construction of new transmission facilities, that are necessary to facilitate achievement of the
renewable power goals, shall be deemed to be necessary by the PUC in determining to issue a
certificate of public necessity and convenience. This act requires the governing board of a local
publicly owned electric utility to be responsible for implementing and enforcing a renewables
portfolio standard, and to annually report to its customers upon expenditures of public goods
funds on public purpose programs.


SB 1755 – Electric Power for County Water Districts and Municipal Water Districts
Soto

An act to add Sections 31149.7 and 71663.5 to the Water Code, relating to electric power.

This act authorizes county water districts and municipal water districts to provide, generate, and
deliver electricity, and to construct, operate, and maintain works, facilities, improvements, and
property for that generation and delivery. The act prohibits those districts from acquiring
property employed in the generation or delivery of electricity, except by mutual agreement
between the district and the property owner. If a district elects to provide for its own generation
of electricity, the act requires the Public Utilities Commission to determine a cost-recovery
mechanism to be imposed through a nonbypassable charge, for reimbursement of the Department
of Water Resources and the electrical corporation for certain electricity purchase costs, to
prevent a shifting of costs to an electrical corporation's bundled customers.




                                                 8
                                     HAZARDOUS WASTE

AB 947 – Pesticide Application
Jackson

An act to add Section 35294.4 to the Education Code, and to amend Section 12999.5 of, and to
add Section 11503.5 to, the Food and Agricultural Code, relating to pesticides.

This act increases the penalty relating to pesticides to not more than $5,000 for each violation
determined to be a serious violation. It also authorizes further regulatory provisions for pesticide
applications made within 1/4 mile of a school.


AB 2112 – Licensing for the Transportation of Hazardous Materials
Cogdill

An act to amend Section 12502 of the Vehicle Code, relating to vehicles, to take effect
immediately.

This act requires that a nonresident transporting hazardous materials in a commercial vehicle
must have a valid license that complies with all federal laws and regulations with respect to
hazardous materials.


AB 2166 – Transportation of Used Oil
Lowenthal

An act to amend Section 25366.5 of, and to add Section 25250.9 to, the Health and Safety Code,
relating to hazardous substances.

This act requires a hazardous waste transporter to provide a written acknowledgment to each
generator of used oil. It provides that a person who makes a material misrepresentation
implementing these requirements is in violation of the hazardous waste control laws.

This act requires that the costs incurred by the Department of Toxic Substances Control to carry
out the act be recoverable from the liable person. It prohibits a public agency or person from
being held liable in an action seeking contribution or indemnity from any person who is liable
under the act.


AB 2214 – Licensing for the Disposal of Low-Level Radioactive Waste
Keeley

An act to add Sections 115010.5 and 115261 to, and to add Article 19 (commencing with Section
115273) to Chapter 8 of Part 9 of Division 104 of, the Health and Safety Code, and to repeal
Section 11 of Chapter 1309 of the Statutes of 1990, relating to radioactive waste.



                                                 9
This act prohibits the Department of Health Services from issuing a license for the disposal of
low-level radioactive waste, or renewing a license, unless the department determines that the
siting, design, operation, and closure of the facility complies with specified federal regulations
and other specified requirements. It prohibits the proposed Ward Valley radioactive waste
disposal site from serving as the state's facility for purposes of the compact.

This act requires the department to establish and collect a fee for the issuance or renewal of a
license to dispose of low-level radioactive waste. It requires the department, when implementing
the Radiation Control Law, to promote the reduction of low-level radioactive waste generated,
by encouraging specified waste reduction practices. This act also repeals the authority of the
department to lease specified property to construct, operate, and close a low-level radioactive
waste disposal facility.


AB 2687 – Highway Control for the Transportation of Hazardous Materials
Maldonado

An act to amend Section 31304 of the Vehicle Code, relating to transportation of hazardous
materials.

This act expands provisions allowing the Department of California Highway Patrol to close a
highway to vehicles transporting hazardous materials within a watershed to apply also to public
water systems and municipal water districts.


SB 489 – Requirements for Persons Transporting Hazardous Materials
Romero

An act to amend Section 25112.5 of, and to add Article 6.6 (commencing with Section 25169.5)
to Chapter 6.5 of Division 20 of, the Health and Safety Code, relating to hazardous waste.

This act requires the Department of Toxic Substances Control, by July 1, 2003, to adopt a list of
hazardous wastes of concern, based on its potential to harm the public in a terrorist or other
criminal act. It requires any person handling any hazardous waste of concern on and after July 1,
2003, to comply with various requirements, including reporting. This act also requires any
person applying for a hazardous waste facilities permit, on and after January 1, 2004, to submit a
disclosure statement to the department for purposes of a background check and fingerprint
images and related identification information.


SB 1011 – Curbside Household Hazardous Waste Collection
Sher

An act to amend Sections 25218.1, 25218.5, 25358.6.1, 25395.12, 25395.15, 25570.2, and
25570.3 of, and to add Sections 25123.8 and 58004.5 to, the Health and Safety Code, and to



                                                 10
amend Section 42175.1 of the Public Resources Code, relating to hazardous substances and
waste.

This act revises the definition of "curbside household hazardous waste collection program" to
delete the authorization regarding small batteries. It also revises the definition of "recyclable
household hazardous waste material" to include specified materials, including universal waste.

This act prohibits a curbside household hazardous waste collection program from collecting
hazardous waste containing mercury, unless the waste is contained, and from collecting
fluorescent light tubes that are four feet or greater in length. It deletes prohibitions on a curbside
program collecting spent lead-acid batteries and antifreeze and on the amount of small batteries
that the program may collect.

This act transfers, to the Department of Toxic Substances Control, all of the duties, powers,
purposes, responsibilities, and jurisdiction of the Office of Environmental Health Hazard
Assessment with regard to the Environmental Quality Assessment Act of 1986. It requires the
director of the department to determine minimum standards of performance for environmental
assessors and would revise the requirements for establishing criteria for registration. This act
also deletes the requirement that a mercury-containing light switch that becomes a hazardous
waste when released from a vehicle be managed in accordance with those requirements.


AB 1257 – Vehicles Used in Transportation of Hazardous Substances
Murray

An act to add Section 25160.7 to the Health and Safety Code, and to amend Sections 2402.6,
32000.5, 32001, and 34501.12 of the Vehicle Code, relating to vehicles.

This act provides that an authorized representative of the generator or facility operator that is
responsible for loading hazardous waste into a transport vehicle shall, prior to that loading,
ensure that the driver of the transport vehicle is in possession of the appropriate class of driver's
license and any endorsement required to lawfully operate the transport vehicle with its intended
load. It allows the Commissioner of the California Highway Patrol to adopt and enforce
regulations with respect to vehicles using compressed or liquefied hydrogen gas or liquid fuels
that generate hydrogen gas

This act provides that persons hauling only hazardous waste who are registered under the Health
and Safety Code will be subject to specified licensing provisions. It requires vehicles
transporting specified dangerous substances to be equipped with a two-way communication
device.

This act requires a vehicle or combination of vehicles transporting specified dangerous
substances that has an enclosed cargo body, as defined, to be locked and remain locked during
transit of the hazardous materials so as to prevent any unauthorized entry. It requires the
Department of Motor Vehicle to place an inspection priority on those terminals operating
vehicles transporting hazardous material. This act also requires the California Highway Patrol,




                                                  11
by July 1, 2004, to prepare a report on the feasibility and cost-effectiveness of requiring all
commercial motor vehicles required to display warning placards when transporting any amount
of explosives, radiological materials, poisonous materials, or extremely hazardous waste to be
equipped with global positioning devices.


SB 1572 – Settlement Reporting Form for Proposition 65
Sher

An act to amend Section 25249.7 of the Health and Safety Code, relating to the environment.

This act requires any private person settling any violation of Proposition 65 to submit to the
Attorney General the reporting form that includes the results of that settlement and the final
disposition of the case. This act, in conformance with the requirements of Proposition 65, would
make a legislative finding and declaration that these changes would further the purposes of the
Proposition 65.


SB 1684 – Polanco Redevelopment Act Extension Relating to Remediation of Hazardous
Wastes by Redevelopment Agencies
Polanco

An act to amend Section 33459.1 of, and to repeal Sections 33459.2 and 33459.7 of, the Health
and Safety Code, relating to hazardous substances.

This act deletes the January 1, 2004, repeal date for the Polanco Redevelopment Act, authorizing
a redevelopment agency to take any action that the agency determines is necessary, consistent
with other state and federal laws, to remedy or remove a release of hazardous substances on,
under, or from a project area.


SB 1922 – Transportation of Mineral Oil By Utilities
Romero

An act to amend Section 25163.3 of the Health and Safety Code, relating hazardous waste

This act exempts a public utility, local publicly owned utility, or municipal utility that transports
a single shipment of up to 5,000 gallons of mineral oil from those manifest and registration
requirements, if the oil does not meet a toxicity test under specified regulations.


SB 2065 – Reporting for Low-Level Radioactive Waste
Kuehl

An act to amend Section 114980 of, and to add Section 115000.1 to, the Health and Safety Code,
relating to radioactive waste.



                                                 12
This act requires the Department of Health Services to establish reporting procedures through a
public hearing process for low-level radioactive waste (LLRW). It requires generators of LLRW
to annually report specified information to the department.

This act requires the department to maintain a file of all LLRW transferred for disposal and
stored. It requires the department to prepare a report, including an annual set of tables
summarizing data collected from the generators of LLRW. This act also prohibits the
department from making the report available to the public and would exclude the report from the
operation of the California Public Records Act.




                                              13
                                             LAND USE

AB 137 – Annexations in Agricultural Preserves
Reyes

An act to amend Sections 51243.5 and 56754 of, and to add Section 51243.6 to, the Government
Code, relating to agricultural preserves.

This act requires the Department of Conservation to advise the local agency formation
commission of its concerns, whether it has been requested to do so, and would require the
commission to address those concerns. The act requires the commission to base its
determination on substantial evidence in the record. The act prescribes criteria for the exercise
by the city of its option not to succeed to a contract.


AB 1108 – Environmental Review Scoping Meetings
Pavley

An act to amend Section 21083.9 of, and to add Sections 21098 and 21098.1 to, the Public
Resources Code, relating to environmental protection.

This act provides that any scoping meeting that is conducted in the city or county in which a
project is located pursuant to NEPA is deemed to satisfy the state scoping meeting requirement
with regard to projects of statewide, regional, or area-wide significance, if the lead agency
provided notice to interested parties in conformance with the existing state requirements.

The act also imposes additional requirements on a lead agency if the United States Department
of Defense or a military service notifies that lead agency of the contact person and address for
the military service and the specific boundaries of a low-level flight path, military impact zone,
or special use airspace.

The act specifies that a project's effect or potential effect on military activities would not itself
constitute an adverse effect for the purposes of CEQA.


AB 1414 – Public Lands
Dickerson

An act to add Section 1019 to the Fish and Game Code, to add Section 12805.2 to the
Government Code, and to add and repeal Section 5096.686 to the Public Resources Code,
relating to public land.

This act requires the Department of Fish and Game, upon appropriation of funds by the
Legislature for that purpose, to prepare draft management plans for parcels wholly within its
jurisdiction acquired on or after January 1, 2002, for public review within 19 months of the




                                                  14
recordation date. The act requires the department to report, on or before February 1 of each year,
to the appropriate legislative fiscal subcommittees regarding the plans.

Upon appropriation of funds by the Legislature for that purpose, this act requires the Resources
Agency, in conjunction with each department, board, conservancy, and commission within that
agency, to develop and maintain a database of lands and easements that have been acquired by
the departments and boards within the agency. The act requires the Resources Agency to
provide a report to the Governor and the Legislature on or before December 31, 2003, and each
year thereafter. The act also requires the Resources Agency, until January 1, 2010, to prepare an
annual report summarizing expenditures on the California Clean Water, Safe Neighborhood
Parks, and Coastal Protection Bond Act of 2002.


AB 1913 – Coastal Development
Lowenthal

An act to add Section 30812 to the Public Resources Code, relating to coastal development.

This act authorizes the executive director of the commission to cause a notification of intention
to record a notice of a violation of the California Coastal Act of 1976 to be mailed if the
executive director has determined, based on substantial evidence, that real property has been
developed in violation of the Act. The act requires a public hearing to be held at the next
regularly scheduled Commission meeting if the owner submits a timely objection to the proposed
filing of the notice of violation. The act requires the issuance of a clearance letter if the
Commission finds that no violation has occurred.

If the Commission determines, based on substantial evidence, that a violation has occurred, the
act requires the executive director to record a notice of violation, as specified, in the office of
each county recorder where all or part of the property is located, thereby imposing a state-
mandated local program. The act requires the executive director, within 30 days after the final
resolution of a violation that is the subject of a recorded notice of violation, to record a notice of
rescission in the office of each county recorder in which the notice of violation was filed,
indicating that the notice of violation is no longer valid. The act also authorizes the Commission
at any time and for cause, on its own initiative or at the request of the property owner, to cause a
notice of rescission to be recorded invalidating the notice of violation.


AB 1997 – Land Conservation
Thomson

The existing Subdivision Map Act requires the legislative body of a city or county to deny,
except under specified circumstances, approval of a tentative map, or a parcel map for which a
tentative map was not required, if it finds that the land is subject to a contract entered into
pursuant to the California Land Conservation Act of 1965 and that either the resulting parcels
following a subdivision of that land would be too small to sustain their agricultural use or the
subdivision will result in residential development not incidental to the commercial agricultural




                                                  15
use of the land. This act applies these provisions to land that is subject to an open-space
easement, agricultural conservation easement, or conservation easement, but makes these
provisions inapplicable during the 3-year period preceding the termination of contracts entered
into pursuant to the California Land Conservation Act of 1965. The act also provides that where
an easement contains language addressing allowable land divisions, the terms of the easement
shall prevail, and specifies that its provisions would apply only to contracts or easements entered
into on or after January 1, 2003.


AB 2158 – Affordable Housing Requirements in Coastal Development Permits
Lowenthal

An act to add Section 30614 to the Public Resources Code, relating to coastal development
permits.

This act requires the Commission to take appropriate steps to ensure that all coastal development
permit conditions existing on January 1, 2002, relating to affordable housing are enforced and
exist for the term of the permit. The act additionally provides that the above provision is not
intended to retroactively authorize the release of any housing unit from coastal development
permit requirements relating to affordable housing.


AB 2227 – Local Agency Formation
Harman

An act to amend Sections 56026, 56035, 56048, 56068, 56103, 56133, 56157, 56300, 56375,
56375.3, 56383, 56386, 56427, 56661, 56663, 56668.3, 56708, 56710, 56751, 56759, 56857,
56886, 56895, 57002, 57007, 57025, 57077, 57078.5, 57080, 57102, 57108, 57109, 57119,
57302, and 57450 of, to amend and renumber Section 56746 of, and to repeal Section 56745 of,
the Government Code, relating to local agency formation.

This act changes the definitions of “landowners,” “owner of land,” and “proponent” in the
Cortese-Knox-Hertzberg Local Government Reorganization Act of 2000. The act also changes
certain notice requirements. The act permits the Commission not to require a city to prezone the
territory to be annexed if satisfactory evidence is presented to the commission that the existing
future development entitlements on territory to be annexed are vested or are already at buildout,
and are consistent with the city's general plan land use element.

Existing law requires a local agency formation commission to terminate any change of
organization or reorganization that includes the annexation of territory to any district if any
district to which the annexation of territory is requested adopts and transmits a resolution
requesting termination of the proceedings no later than 60 days after the date that the proposal is
on the commission's meeting agenda. This act makes this requirement inapplicable if the
commission receives a resolution in support of the proposed change of organization or
reorganization from all districts to which the annexation of territory is proposed.




                                                16
This act requires that any of the specified conditions imposed on a change of organization or
reorganization constitute the exclusive conditions for the change of organization or
reorganization, notwithstanding the general provisions of the act. The act provides that protest
proceedings of the Cortese-Knox-Hertzberg Local Government Reorganization Act of 2000 shall
prevail in the event of a conflict with the principal act of the district to be formed.

Existing law authorizes a petition to be filed with the executive officer of the commission prior
to the conclusion of the protest hearing by the commission on the issue of merging a district with
a city or establishing a subsidiary district of a city, if the petition requests that any election on
that question be called, held, and conducted only within the district. This act requires the
commission to forward the proposal to the affected city and would require the affected city to
call, hold, or conduct any election if the executive officer certifies the petition. The act also
requires the commission to forward the proposal to the principal county and would require the
principal county to call, hold, and conduct any election upon the question of a merger or the
establishment of a subsidiary district only within the district to be merged or within the district to
be established as a subsidiary district if the petition requesting the election is certified.

This act requires that any resolution ordering a special reorganization require the principal
county to call the election.


AB 2370 – Annexation in Local Agency Formation
Thomson

An act to amend Sections 51296.3, 51296.4, and 56749 of, and to add Sections 56426, 56426.5,
and 56856.5 to, the Government Code, relating to local agency formation.

Existing law prohibits a local agency formation commission from approving or conditionally
approving a change of organization or reorganization that would result in the annexation to a
special district of territory that is within a farmland security zone if that special district provides
or would provide facilities or services or services related to sewers, nonagricultural water, or
streets and roads unless the facilities or services benefit land uses that are allowed under the
contract and the landowner consents. This act prohibits the commission from approving or
conditionally approving a change of organization or reorganization or a change in a sphere of
influence of a local government agency that would result in the annexation to a city or special
district of territory that is subject to a contract in a farmland security zone or a contract to
conserve agricultural land under prescribed conditions if the city or special district provides or
would provide those facilities or services, unless the facilities or services benefit land uses that
are allowed under the contract and the landowner consents. The act nevertheless authorizes the
commission to approve such a change of organization or reorganization if it makes a specified
finding.




                                                   17
AB 2436 – Land Use Restrictions: Cleanup and Abatement
Frommer

An act to amend Section 1471 of the Civil Code, to add Section 57012 to the Health and Safety
Code, and to amend Section 13307.1 of the Water Code, relating to the environment.

This act requires the California Environmental Protection Agency (Cal-EPA), the California
Integrated Waste Management Board, the State Water Resources Control Board, each California
regional water quality control board, and the Department of Toxic Substances Control to
maintain a list of all instruments and agreements restricting land uses imposed by those agencies
and would require the list to provide specified information. The act requires each agency to
update its list. The act requires each agency to display the list on the agency's web site and to
make the list available to the public upon request. The act requires Cal-EPA to oversee the
implementation of these requirements, including maintaining hyperlinks on its web site to the
individual lists, providing a search function to search and retrieve information from each of the
individual lists, and creating and posting a list of all instruments and agreements restricting land
uses that would be imposed by the bill with regard to environmental restriction covenants, as
specified below.

If the state board or regional board finds the property is not suitable for unrestricted use and that
a land use restriction is necessary for the protection of public health or safety or the environment,
this act prohibits the state board or regional board from taking those actions with regard to a site
that is not an underground storage tank site, unless a land use restriction is recorded or required
to be recorded.

This act authorizes the office of the county recorder, if an instrument containing an
environmental restriction covenant is recorded, to send a certified copy of the instrument to the
Cal-EPA for posting on its web site, for informational purposes only, pursuant to the
requirements imposed by the bill, except as specified. The act provides the office of the county
recorder and any of its employees immunity from any liability under any state law or in any
action for damages if the office of the recorder does not send a certified copy of the instrument
pursuant to the requirements of the bill. The act authorizes the office of the recorder to assess a
reasonable fee, as determined by resolution of its governing body, to cover the costs of taking the
action authorized by the bill.


AB 2704 – Flood Damage Reduction and Urban Creek Restoration
Aroner

An act to amend Section 7048 of the Water Code, relating to water.

Existing law authorizes the Director of Water Resources to establish a program of flood control
and urban creek restoration, consisting of the development of the capability by the Department of
Water Resources to respond to requests from local agencies and organizations for planning and
design assistance for low-cost and effective urban creek protection, restoration, and
enhancement. This act recasts this provision to instead provide for a program of flood damage




                                                 18
reduction and urban creek restoration to be known as the Urban Streams Restoration Program
that would consist of two components with the first component the same as existing law except
the planning and design assistance would be for efficient and effective protection, restoration,
and enhancement.

The act provides that the second component of the program consist of, to the extent that funds
are provided, a process for awarding competitive grants. The act revises the described activities
to include adaptive management, as defined, necessary to meet flood damage reduction and flood
plain acquisition, ecological, urban fisheries restoration, and recreation objectives. The act
requires the department to maintain a balance in allocating the money annually available for
grants to small urban creek restoration projects, as defined, and large urban stream restoration
projects. The act authorizes the department to adopt regulations that define adaptive
management, to establish criteria to fund projects, and to amend or utilize existing regulations for
approving competitive grants.


AB 3041 – Use of State Clearinghouse by CEQA Lead Agencies on Natural Resources

An act to amend Sections 21082.1, 21083, and 21091 of the Public Resources Code, relating to
environmental quality.

This act requires any mitigated negative declaration prepared pursuant to CEQA to be prepared
directly by, or under contract to, a public agency. The act requires each lead agency to submit a
sufficient number of copies of a draft environmental impact report, proposed negative
declaration, or proposed mitigated negative declaration to the state clearinghouse for review and
comment by state agencies, and to submit a copy of that document in an electronic form, if a
state agency is the lead agency, a responsible agency, trustee agency, or otherwise has
jurisdiction over the project, or if the project is of statewide, regional, or area-wide
environmental significance.


SB 984 – Rangeland, Grazing Land, and Grassland Protection Act
Costa

An act to add Division 10.4 (commencing with Section 10330) to the Public Resources Code,
relating to grazing land, and making an appropriation therefor.

This act enacts the Rangeland, Grazing Land, and Grassland Protection Act, which establishes a
program to protect California' s rangeland, grazing land, and grasslands through the use of
conservation easements for specified purposes relating to the conservation and protection of
rangeland, grazing land, and grassland in the state. The program provides for grants for the
acquisition of conservation easements to protect, restore, or enhance rangeland, grazing land, or
grassland, or to sustain the character of specified property, and establishes criteria and
procedures for the award of those grants.




                                                19
The act authorizes the Wildlife Conservation Board to adopt guidelines to implement the
program, including procedures and a schedule for submittal of applications for grants, and
requirements that ensure that the conservation easements are monitored not less than every two
years. The act permits the board to coordinate the program with the Oak Woodlands
Conservation Act. The act appropriates $19,200,000 from funds made available pursuant to the
California Clean Water, Clean Air, Safe Neighborhood Parks, and Coastal Protection Bond Act
of 2002 (Proposition 40) to the board for the purpose of the act.


SB 1393 – CEQA Review of Certified Regulatory Programs
Kuehl

An act to amend Sections 21080.5, 21151, 21159.9, and 21167.6 of, and to add Section
21167.6.5 to, the Public Resources Code, relating to environmental protection.

This act requires the Secretary of the Resources Agency, by July 1, 2003, to develop a protocol
for reviewing the prospective application of certified regulatory programs to evaluate the
consistency of those programs with the requirements of CEQA, and requires the secretary to
provide a report to the Senate Committee on Environmental Quality and the Assembly
Committee on Natural Resources regarding the need for a grant of additional statutory authority
authorizing the secretary to undertake a review of the certified regulatory programs. The act also
requires the secretary to provide a significant opportunity for public participation in developing
that protocol.

This act requires, commencing January 1, 2003, that copies of any documents submitted in
electronic format to the Office of Planning and Research pursuant to CEQA be furnished by the
office to the California State Library, and would require the California State Library to be the
repository for those documents and to make them available for viewing by the general public
upon request.

CEQA authorizes the appeal of the certification of an environmental impact report by a local
lead agency that is not elected to that lead agency's elected decisionmaking body, if that body
exists. This act expands that authorization to include any environmental review document that is
certified or authorized by a local lead agency that is not elected.

This act requires that a request to a public agency to prepare a record of proceedings be served
personally on the state agency. This act also requires the petitioner or plaintiff to name any
recipient of an approval that is the subject of the action or proceeding as a real party in interest,
and to serve the petition or complaint on that real party in interest with the petition or complaint
not later than 20 business days following service of the petition or complaint on the public
agency.




                                                  20
SB 1468 – Military Facilities in General Plans
Knight

An act to amend Sections 65040.2, 65302, 65302.3, 65560, and 65583 of, and to add Section
65040.9 to, the Government Code, and to amend Section 21675 of the Public Utilities Code,
relating to local planning.

This act requires the land use element of a general plan to consider the impact of new growth on
military readiness activities carried out on military bases, installations, and operating and training
areas, when proposing zoning ordinances or designating land uses covered by the general plan
for land or other territory adjacent to those military facilities, or underlying designated military
aviation routes and airspace. With respect to the open-space element, this act defines open-space
land to include areas adjacent to military installations, military training routes, and restricted
airspace.

The act also requires the circulation element to consist of the general location and extent of
existing and proposed military airports and ports. The act also provides that a city or county is
not required to comply with these provisions until a specified agreement is entered into between
the federal government and the state to fully reimburse all claims approved by the Commission
on State Mandates and paid by the Controller that cities and counties would be eligible to file as
a result of the enactment of this bill and until the city's or county's next general plan revision. It
would make these provisions inoperative on the January 1 following the date that this agreement
is terminated.

This act requires that the area within the jurisdiction of the Public Utilities Commission
surrounding any military airport be included in the land use plan providing for the orderly
growth of public airports and the area surrounding the airport, and requires that the plan be
consistent with the safety and noise standards in the Air Installation Compatible Use Zone
prepared for that military airport. The act also requires that a county's general plan and any
applicable specific plan be consistent with these safety and noise standards in each county where
an airport land use commission does not exist, but where there is a military airport.


SB 1717 – City Annexations
Machado

An act to amend Sections 37396 and 56742 of the Government Code, relating to city
annexations.

This act provides that the authority of a city, county, or city and county to lease property includes
leasing property for general sports purposes but that a lease executed on or after April 24, 2002,
for any authorized purpose shall not include a shopping center, hotel, motel, or lodging house.
This act also permits a city to lease annexed territory for designated purposes but provides that if
the city enters into a lease on or after April 24, 2002, that would authorize the development of a
shopping center, hotel, motel, or lodging house on that territory, the affected territory shall cease
to be part of the city.




                                                  21
SB 1925 – CEQA Exemptions
Sher

An act to amend Section 21080.10 of, to add Sections 21061.0.5, 21064.3, 21065.3, 21071, and
21072 to, to add Article 6 (commencing with Section 21159.20) to Chapter 4.5 of Division 13 of,
to add and repeal Section 21159.25 of, and to repeal Sections 21080.7, 21080.14, 21085, and
21158.6 of, the Public Resources Code, relating to environmental quality.

This act recasts, recodifies, and consolidates CEQA exemptions relating to housing, including
exemptions for agricultural housing, affordable housing projects in urbanized areas, as defined,
and projects in the central business district in the City of Oakland.

The act also revises the definition of an urbanized area for purposes of those provisions to
include any incorporated city with a population of at least 100,000 persons or an incorporated
city of less than 100,000 persons if the population of that city and not more than two contiguous
incorporated cities combined equals at least 100,000 persons. An urbanized area is also defined
to include any unincorporated area that is completely surrounded by one or more incorporated
cities that meet specified population criteria or that is located within an urban growth boundary,
as defined, and has an existing residential population of at least 5,000 person per square mile, if
the board of supervisors with jurisdiction over the unincorporated area has previously issued a
finding that the general plan, zoning ordinance, and related policies and programs applicable to
the area are consistent with specified compact development principles, and the board of
supervisors had previously submitted a draft of that finding to the Office of Planning and
Research at least 30 days prior to issuing a final finding, and allowed the office 30 days to
submit comments on the draft finding.

The act also provides an exemption from CEQA for any residential project located on an infill
site within an urbanized area that meets specified criteria. The act prohibits the division of a
project into smaller projects to qualify for one or more exemptions from CEQA.


SB 2055 – Subdivisions
Sher

An act to amend Sections 65041.1, 66418, 66418.2, 66478.4, 66478.5, 66478.6, 66478.8,
66478.11, 66478.12, and 66499.35 of the Government Code, and to amend Section 71111 of the
Public Resources Code, relating to land use.

This act extends the authority of a legislative body to approve or conditionally approve an
environmental subdivision pursuant to the Subdivision Map Act through December 31, 2004.
This act also revises the definition of “design” in the Subdivision Map Act to include a reference
to the requirement that the design and improvement of the subdivision be consistent with the
general plan or any specific plan.




                                                22
                                        SOLID WASTE

AB 467 – Landfill Loans
Storm-Martin

An act to add and repeal Chapter 2.6 (commencing with Section 48200) of Part 7 of Division 30
of the Public Resources Code, relating to solid waste.

This act establishes the Landfill Closure Loan Program, to be implemented by the Integrated
Waste Management Board, for the purpose of providing loans to operators of unlined, older-
technology landfills for early closure. It makes these provisions inoperative on July 1, 2012, and
would repeal these provisions on January 1, 2013, unless a later enacted statute deletes or
extends these dates.


AB 1400 – Solid Waste Composting Facility in Mariposa County
Cogdill

An act relating to solid waste

This act requires the County of Mariposa, by July 1, 2003, to submit a report to the Integrated
Waste Management Board concerning the county's progress in funding, constructing, and
operating a mixed solid waste composting facility in cooperation with Yosemite National Park.
It makes these provisions inoperative on July 1, 2003, and would repeal them as of January 1,
2004.


AB 1482 – Source Reduction and Recycling in Integrated Waste Management Plan
Richman

An act to amend Section 40974 of the Public Resources Code, relating to solid waste.

This act provides that a city or county is subject to the penalty for the failure to implement a
source reduction and recycling element or hazardous waste element according to existing law.


AB 2308 – Inert Waste Deduction Reporting
Chavez

An act to add and repeal Section 41821.3 of the Public Resources Code, relating to solid waste.

This act specifies reporting requirements for a jurisdiction to deduct from the amount of disposed
waste that is required to be reported inert waste removed from the solid waste stream,
commencing with the report submitted for the year 2001.




                                                23
AB 2770 – Recycling Technology
Matthews

An act to amend Sections 40194 and 40201 of, and to add Sections 40117 and 40507.1 to, the
Public Resources Code, relating to solid waste.

This act revises the definition of the term "solid waste facility" to include a gasification facility,
and would revise the definition of the term "transformation" to exclude gasification. It requires
the Integrated Waste Management Board to include, as part of the annual report required to be
submitted by the board to the Legislature on or before March 1, 2003, a report on new and
emerging conversion technologies, including noncombustion thermal technologies, chemical
technologies, and specified biological technologies. This act requires the report to be subject to a
specified external scientific peer review process. It also appropriates $1,500,000 from the
Integrated Waste Management Account to the board to prepare the report.


SB 648 – Recycling Requirements for Public Agencies
Senate Environmental Quality Committee

An act to amend Sections 10406, 12210, and 12225 of the Public Contract Code, relating to
contractual preferences for recycled products.

This act requires procuring agencies to continuously review and revise its procedures and
specifications for the purchase of lubricating oil and industrial oil to eliminate any exclusion of
recycled oils and any requirement that oils be manufactured from virgin materials. It requires the
Department of General Services to revise its list of available recycled products in its annual
report.


SB 1328 – Solid Waste Illegal Disposal Abatement Grant Program
Chesbro

An act to amend Sections 48100, 48101, 48102, 48103, 48104, 48105, and 48106 of the Public
Resources Code, relating to solid waste.

This bill act expands the illegal disposal abatement grant program to include Native American
tribes and all public entities. It increases the amounts for which the grants may be awarded.
This act also modifies certain reporting requirements relating to the grant program.


SB 1374 – Solid Waste Reduction
Kuehl

An act to amend Sections 41821 and 41850 of, and to add Section 42912 to, the Public
Resources Code, relating to solid waste.




                                                 24
This act requires that each city, county, or regional agency’s annual report include a summary of
progress made in diversion of construction and demolition waste materials. It requires the
Integrated Waste Management Board, not later than March 1, 2004, after holding a public
hearing, to adopt one or more model ordinances for local agencies regarding diversion rates of
construction and demolition waste materials from landfills from 50% to 75%. This act also
requires the board, in determining penalties, to consider whether a local jurisdiction has provided
information to the board concerning construction and demolition waste material.


SB 1514 – Beverage Container Recycling in Schools
Torlakson

An act to add Section 14555 to the Public Resources Code, relating to beverage containers.

This act requires the Department of Conservation, on or before January 1, 2004, to submit a
report to the Legislature regarding beverage container recycling in California's public
elementary, middle, and high schools.


SB 1542 – Environmental Justice in Siting Decisions
Escutia

An act to amend Sections 40912, 41701, and 71114 of the Public Resources Code, relating to
solid waste.

This act requires the Integrated Waste Management Board, on or before April 1, 2003, to provide
local jurisdictions and private businesses with information and models to assist with
consideration of environmental justice concerns, when complying with siting requirements. It
revises the appointment categories to include an additional representative from a small business,
a representative from a federally recognized Indian tribe, and two representatives from
environmental justice organizations for the environmental justice working group under the
Secretary for Environmental Protection.


SB 1697 – Antifreeze in Public Contracts
O’Connell

An act to amend Sections 12205 and 12305 of the Public Contract Code, relating to public
contracts.

This act includes antifreeze within the definition of “recycled product.” It makes public
contracts subject to having antifreeze included in the definition for recycled products.




                                                25
                      THREATENED AND ENDANGERED SPECIES

AB 858 – Effect of Reduced Waterflow on Salmon and Steelhead
Wiggins

An act to add Article 4 (commencing with Section 6930) to Chapter 8 of Part 1 of Division 6 of
the Fish and Game Code, relating to fish.

This act requires the Department of Fish and Game, subject to the availability of funds, to
contract with the University of California to conduct a study of the effects that reduced water
flows at the mouths and upstream estuaries of certain rivers selected by the department would
have on existing salmon and steelhead populations and on existing or prospective salmon and
steelhead population restoration or reintroduction programs. The act requires the department to
limit its selection to rivers that are within the combined river systems that drain to the ocean
from and including the Russian River System northward to the California-Oregon border and
that are the subject of an application that has been filed with the State Water Resources Control
Board to appropriate water in an amount that equals more than 3 cubic feet per second or more
than 500 acre feet per annum of storage.

The act requires the findings of the study to be the primary factor in any decision of the board to
approve or deny an application to appropriate water from any river selected for the study. The
act prohibits the board from approving that application until after the study has been completed,
if the application involves the delivery of water, by means other than a pipeline or aqueduct, to
any place of use that is outside the combined river systems that drain to the ocean from and
including the Russian River Systems northward to the California-Oregon border. These
provisions would apply to the university only if the Regents of the University of California, by
resolution, make them applicable to the university.


SB 107 – Natural Community Conservation Planning
Sher

An act to repeal and add Chapter 10 (commencing with Section 2800) of Division 3 of the Fish
and Game Code, relating to natural community conservation planning, and making an
appropriation therefor.

The existing Natural Community Conservation Planning Act authorizes the Department of Fish
and Game to enter into an agreement with any person for the purpose of preparing and
implementing a natural community conservation plan to provide comprehensive management
and conservation of multiple wildlife species. This act repeals that act and enacts a new Natural
Community Conservation Planning Act.

The act authorizes the department to enter into agreements, which would be required to meet
specified conditions, with any person or public entity for the purpose of preparing a natural
community conservation plan to provide comprehensive management and conservation of
multiple wildlife species. It requires the agreement to meet specified conditions.




                                                26
The act requires the department to establish a process for public participation throughout plan
development and review to ensure that interested persons have an adequate opportunity to
provide input in the process. It requires each natural community conservation plan to include an
implementation agreement governing specified matters. The act authorizes the department to be
compensated for the actual costs incurred in participating in the preparation and implementation
of natural community conservation plans.


SB 482 – Salton Sea
Kuehl

An act to amend Sections 3511, 4700, 5050, and 5515 of, and to add Section 2081.7 to, the Fish
and Game Code, and to amend Sections 1013 and 22762 of the Water Code, relating to the
Salton Sea, and making an appropriation therefor.

This act makes legislative findings concerning the Salton Sea and a Quantification Settlement
Agreement. The act requires the Resources Agency and the Technology, Trade, and Commerce
Agency, in consultation with specified entities and individuals, to review and report to the
Governor and the Legislature, on or before June 30, 2003, on certain matters pertaining to the
implementation of the Quantification Settlement Agreement.

The act authorizes the Department of Fish and Game, contingent upon the execution of the
Quantification Settlement Agreement among other things, to authorize the take of species
resulting from specified environmental impacts attributable to the implementation of the
agreement. It provides that, during the period that the Quantification Settlement Agreement is in
effect and the Imperial Irrigation District is meeting its water delivery obligations under the
Quantification Settlement Agreement, if the Imperial Irrigation District utilizes land following
conservation measures that ensure compliance with specified criteria set forth in the bill for the
environmental impacts of a water transfer to implement the Quantification Settlement
Agreement, no person or local agency, as defined, may seek to obtain additional conserved
Colorado River water from the district, voluntarily or involuntarily, until the district has adopted
a resolution offering to make conserved Colorado River water available. The act also requires
the Secretary of the Resources Agency to establish an advisory committee representing the
parties interested in the future of the Salton Sea.


SB 550 – Endangered Species
Costa

An act to repeal and add and repeal Section 2087 of the Fish and Game Code, relating to
endangered species.

Under existing law, until December 31, 2002, the accidental take of candidate, threatened, or
endangered species resulting from inadvertent or ordinary negligent acts on a farm or ranch in
the course of otherwise lawful routine and ongoing agricultural activities is not prohibited by the




                                                 27
California Endangered Species Act. This act deletes the requirement that the acts be inadvertent
or ordinary negligent acts in order for the exception to apply.


SB 1573 – Interagency Aquatic Invasive Species Council
Karnette

An act to add Chapter 9 (commencing with Section 6950) of Part 1 of Division 6 of the Fish and
Game Code, relating to invasive species, and making an appropriation therefor.

This act establishes the Interagency Aquatic Invasive Species Council, consisting of
representatives of the Department of Food and Agriculture, the Department of Boating and
Waterways, the Department of Parks and Recreation, the Department of Water Resources, the
State Water Resources Control Board, the California Coastal Commission, the State Coastal
Conservancy, the University of California, and the State Lands Commission. The act authorizes
the Governor to appoint to the council persons representing certain interest groups, which groups
would be required to have expertise in aquatic invasive species.

The act also authorizes members of the council to invite representatives of federal agencies and
tribal groups to join the council as members. The Director of Fish and Game will serve as the
chairperson of the council. The act requires the Department of Fish and Game, in cooperation
with the council, and using existing funds and current personnel of the Department of Fish and
Game, to support and coordinate the development of a comprehensive plan for dealing with
aquatic invasive species in California. The act requires the council to submit its first working
version of the plan to the Legislature on or before January 1, 2004.


SB 2052 – Endangered Species in Natural Community Conservation Plans
Sher

An act to repeal and add Section 2805 of the Fish and Game Code, relating to endangered
species.

Existing law establishes the Natural Community Conservation Planning Act. Under this act, the
Fish and Game Commission, upon recommendation from the Department of Fish and Game,
may authorize the taking of any candidate species whose conservation, protection, restoration,
and enhancement is provided for in a department approved natural community conservation plan.
Under the existing California Endangered Species Act, the commission is required to establish a
list of candidate species along with a list of endangered species and a list of threatened species.

The act defines candidate species, for purposes of the act, to mean a native species or subspecies
of a bird, mammal, fish, amphibian, reptile, or plant that the commission has formally noticed as
being under review by the department for addition to either the list of endangered species or the
list of threatened species, or a species for which the commission has published a notice of
proposed regulation to add the species to either list. This act provides that, for purposes of the




                                                28
Natural Community Conservation Planning Act, the phrase "candidate species" has the same
meaning as defined under the California Endangered Species Act.




                                             29
                                             WATER

AB 776 – Fairfield-Susian Sewer District
Thomson

An act to amend Section 48 of the Fairfield-Suisun Sewer District Act (Chapter 303 of the
Statutes of 1951), relating to the Fairfield-Suisun Sewer District.

The Fairfield-Suisun Sewer District Act creates the Fairfield-Suisun Sewer District and grants to
the district various powers relating to the treatment and disposal of sewage. The act,
with certain exceptions, prohibits the district from contracting for the disposal of any sewage
emanating from outside the district.

This act, in addition, authorizes the district to accept and contract for the disposal of sewage
emanating from buildings outside the district that are connected to the district's sewage treatment
system on March 1, 2002. It authorizes the district to contract with Solano County or another
public entity for the disposal of sewage emanating from buildings outside the district if the board
of the district makes a specified determination.


AB 1393 – State Water Resources Control Board Authorities
Thomson

An act to amend Sections 175.5, 13207, 13301, 13323, and 13328 of, to add Sections 13228.14
and 13228.15 to, and to repeal Section 13302 of, the Water Code, relating to water.

This act prohibits State Water Resources Control Board members from participating where those
members have a financial interest within the meaning of the Political Reform Act of 1974.

This act authorizes a regional board to conduct certain hearings or investigations by means
of a panel of three or more. Among other procedures for the panel, this act requires any final
action in the matter to be taken by the regional board and authorizes that board to take additional
evidence and to adopt, revise, or reject the proposed decision of the panel.

The act authorizes any executive officer of a regional board to issue a complaint to any person on
whom administrative civil liability may be imposed for a violation of a waste discharge
requirement. The act authorizes the complaint to be served by personal notice or certified mail
and requires that a hearing be conducted before at least a three member panel of the regional
board not later than 60 days from the date the party is served. The act requires that orders
imposing administrative civil liability be served by personal service or registered mail.




                                                30
AB 1760 – Orange County Water District
Campbell

An act to amend Section 31.5 of the Orange County Water District Act (Chapter 924 of the
Statutes of 1933), relating to water.

The Orange County Water District Act provides for penalties if the person or operator fails to file
a basin equity assessment report on or before the requisite date. This act modifies the deadline
by requiring the basin equity assessment to be filed on or before the 30th day of November of
each year.


AB 1823 – Regional Water Systems
Papan

An act to add and repeal Division 20.5 (commencing with Section 73500) of the Water Code,
relating to regional water systems.

The Wholesale Regional Water System Security and Reliability Act imposes various
requirements on wholesale regional water systems. Among other things, it requires the City and
County of San Francisco (the city), by February 1, 2003, to adopt a capital improvement
program, and an emergency response plan by September 1, 2003.

This act requires a regional wholesale water supplier to distribute available water during any
interruption to all customers on an equitable basis. It requires the city to continue its practice of
operating reservoirs in the Counties of Tuolumne and Stanislaus in a manner that ensures that the
generation of hydroelectric power will not cause any reasonably anticipated adverse impact on
water service. The act requires the city to assign higher priority to water delivery to the bay area
than to electric power generation.

The act requires the State Department of Health Services to conduct an audit relating to the bay
area regional water system and an audit of other regional water systems. This act requires the
State Department of Health Services to ensure that the bay area regional water system is operated
in compliance with the California Safe Drinking Water Act and certain federal guidelines.

The act requires the city to prepare various reports in connection with its operation of the bay
area regional water system. This act requires a regional wholesale water supplier to reimburse
the State Department of Health Services and the Seismic Safety Commission for costs incurred
in connection with implementing the requirements imposed by the act. The act requires the bay
area wholesale customers to reimburse the city for their share of costs.




                                                 31
AB 1864 – Pajaro Valley Water Management District
Salinas

An act to amend Section 316 of the Pajaro Valley Water Management Agency Act (Chapter 257
of the Statutes of 1984), relating to water.

The act declares that the purpose of the Pajaro Valley Water Management Agency to manage
existing and supplemental water supplies to ensure sufficient water supplies for present and
anticipated needs. The act defines "supplemental water" to mean water imported from outside
the watershed of the groundwater basin and certain conserved flood waters.


AB 1969 – Orange County Wastewater Discharges
Campbell

An act to amend Section 13385 of, and to add Section 13286.9 to, the Water Code, relating to
water, and declaring the urgency thereof, to take effect immediately.

This act permits the Santa Ana Regional Water Quality Control Board to exempt dischargers not
able to consistently comply with waste discharge requirements if the discharger is a publicly
owned treatment works located in Orange County previously operating under modified
secondary treatment requirements and is in the process of upgrading its treatment facilities to
meet the secondary treatment standards.

This act, on and after the date determined by the regional board, or January 1, 2013, whichever is
earlier, requires all wastewater discharged by the Orange County Sanitation District into the
Pacific Ocean to be subject to at least secondary treatment requirements of federal law, and any
more stringent requirements determined to be appropriate by the state board or that regional
board.


AB 2351 – Penalties for Water Quality Violations
Canciamilla

An act to amend Section 13385 of the Water Code, relating to water.

This act changes the civil penalties in the Porter-Cologne Water Quality Act to require the
imposition of the $3000 minimum penalty for each serious violation. This act authorize the state
board or a regional board, in lieu of assessing that mandatory minimum penalty and with the
concurrence of the discharger, to direct a portion of the penalty amount to be expended on a
supplemental environmental project.

This act requires, for the purposes of imposing certain mandatory minimum penalties, agencies
to treat a single operational upset in a wastewater treatment unit that treats wastewater using a
biological treatment process as a single violation. This act also makes mandatory minimum
penalties inapplicable to violations caused by the operation of a new or reconstructed



                                                32
wastewater treatment unit during a defined period.


AB 2362 – Discharges from Marine Vessels
Canciamilla

An act to amend Section 782 of the Harbors and Navigation Code, relating to vessels.

This act authorizes a state or local peace officer who reasonably suspects that a vessel is
discharging sewage in an area where the discharge is prohibited to board the vessel for the
purpose of inspecting the marine sanitation device for proper operation and placing dye tablets
into the holding tank.


AB 2469 – Regional Water Management Groups
Dickerson

An act to add Section 10540 to the Water Code, relating to water.

This act revises provisions proposed to be added to the Water Code by SB 1672, which would
become operative only if SB 1672 is chaptered and becomes effective on or before January 1,
2003. The act authorizes a regional water management group to prepare and adopt a regional
plan that addresses programs, projects, reports, or studies relating to water supply, water quality,
flood protection, or related matters.


AB 2481 – Water Quality Control Provisions
Frommer

An act to amend Section 7058.7 of the Business and Professions Code, to amend Section 2929.5
of the Civil Code, to amend Sections 564, 726.5, and 736 of the Code of Civil Procedure, to
amend Sections 15399.15 and 15399.15.2 of the Government Code, to amend Sections
25150.1, 25187, 25262, 25281, 25281.5, 25284, 25284.1, 25284.4, 25288, 25291, 25292.4,
25297.1, 25299, 25299.4, 25299.7, 25299.36, 25299.39.2, 25299.39.3, 25299.50.1, 25299.51,
25299.53, 25299.54, 25299.55, 25299.57, 25299.58, 25299.70, 25514.5, 25540, and 33459 of,
to amend and renumber Sections 25299.37.1 and 25299.39.1 of, to amend, repeal, and add
Section 25404 of, to add Sections 25284.2, 25290.1, 25292.5, 25296.10, 25296.20, 25296.25,
25296.30, 25296.40, 25299.8, 25299.38, and 25404.1.1 to, and to add and repeal Sections
25404.1.2 and 116367 of, to repeal Sections 25299.37, 25299.37.2, 25299.38.1, 25299.39, and
25514.6 of, and to repeal and add Sections 25292.3 and 25395.44 of, the Health and Safety
Code, and to amend Sections 13269, 13285, 13323, 13365, and 13391.5 of the Water Code,
relating to the environment, and making an appropriation therefor.

This act provides for revisions, additions, and deletions relating to underground storage tanks.
Among other things, the act: (a) provides for the issuance of a closure letter relative to the
completion of an investigation and corrective action; (b) revises and recasts the provisions




                                                 33
regulating the storage of hazardous substances in underground storage tanks, including the
definition of "product tight," "compatible," and "underground storage tank"; (c) requires the
owner or operator of a single-walled tank system to take appropriate actions if the results of an
enhanced leak detection test indicate that any component of the underground storage tank system
is leaking liquid or vapor; (d) requires all other owners and operators of an underground storage
tank system that is located within 1,000 feet of a public drinking water well to test the system
once using enhanced leak detection before January 1, 2005, and take action if necessary; (e)
establishes requirements for each underground storage tank installed on or after July 1, 2003,
including a requirement that the system be tested utilizing a specified method when the tank is
installed; (f) deletes the provisions requiring an upgraded certificate of compliance and would
instead authorize a local agency, upon the discovery of violations, to affix red tags and take other
specified actions; (g) prohibits any person from depositing petroleum into an underground
storage tank system that has a red tag; (h) requires the owner or operator of an underground
storage tank with a specified spill containment structure to annually test the spill containment
structure; (i) requires a tank tester who conducts or supervises a tank or piping integrity test to
prepare a report detailing the results of the tank test and to maintain a record of the report for at
least three years; (j) expands the corrective action requirements and related provisions for
petroleum underground storage tanks to apply those requirements to all underground storage
tanks; (k) imposes a civil penalty upon any person who violates a corrective action requirement;
and (l) prohibits a person who purchases or acquires real property on which an underground tank
is located from being reimbursed for a claim.

This act also enacts several provisions relating to water quality. It revises the Trade and
Commerce Agency requirements for issuance of a grant, by increasing the minimum amount of
the grant to $10,000.

The act authorizes the regional water boards to waive filing requirements as to a specific
discharges, for not more than 5 years, if the waiver is not against the public interest. This act
provides that a waiver for onsite sewage treatment systems that is in effect on January 1, 2002,
shall remain valid until June 30, 2004, unless the regional board terminates the waiver prior to
that date.

The act authorizes the administrative complaints under the Porter-Cologne Water Quality
Control Act to be served by personal notice or certified mail and requires that a hearing be
conducted before at least a 3-member panel of the regional board not later than 60 days from the
date the party is served. It requires that orders imposing administrative civil liability be served
by personal service or registered mail. The act also authorizes the state board to issue
administrative civil liability for a violation of a waste discharge requirement.

This act provides immunity to the California Environmental Protection Agency, the secretary,
the state, their respective employees and agents, and any of the state's other political subdivisions
or employees thereof, for acts or omissions in implementing the Financial Assurance and
Insurance for Redevelopment Program (FAIR) program, the acts or omissions by an insurance
company selected under the FAIR program, and any acts or omissions by any person that
purchases a prenegotiated environmental insurance product.




                                                 34
This act defines the term "minor violation," for purposes of the unified program in the Unified
Program Agency, as the failure of a person to comply with any requirement or condition of any
applicable law, regulation, permit, information request, order, variance, or other requirement,
whether procedural or substantive. This act would repeal this definition on January 1, 2006.
This act authorizes a unified program agency, if it determines that a person has committed, or is
committing, a violation of any requirement that the UPA is authorized to enforce or
implement pursuant to the unified program, to issue an administrative enforcement order
requiring that the violation be corrected and imposing an administrative penalty. It also sets
hearing procedures.

This act reestablishes the Drinking Water Treatment and Research Fund in the State Treasury
and would continuously appropriate the money in the fund to the State Department of Health
Services to make payments to public water systems for the costs of treating contaminated
groundwater and surface water for drinking water purposes, investigating contamination, and
acquiring alternate drinking water supplies. The act requires a public water system that
determines that an oxygenate is detected at any level in groundwater supplies utilized by the
public water system for drinking water purposes to notify the State Department of Health
Services and a California regional water quality control board to evaluate whether the well needs
to be shut down or curtailed.


AB 2534 – Protection of Beaches
Pavley

An act to add Division 20.4 (commencing with Section 30901) to, and to add Chapter 5.5
(commencing with Section 31220) to Division 21 of, the Public Resources Code, relating to
coastal resources.

The Watershed, Clean Beaches, and Water Quality Act provides for a program of grants to
public agencies and nonprofit organizations for projects designed to improve water quality at
public beaches, improve water quality monitoring and sewer capability, protect water quality by
reducing runoff pollution, and control nonpoint source water pollution


AB 2606 – Recycled Water in Waste Wells
Harman

An act to amend Section 13540 of the Water Code, relating to water.

This act requires the State Department of Health Services to determine that the proposed
recharge by direct injection will not degrade, rather than impair, the quality of water in the
receiving aquifer as a source of domestic water supply. It requires the department to consider a
certain antidegradation policy adopted by the State Water Resources Control Board and current
and potential future public health consequences of the controlled recharge.




                                                35
AB 2645 - Security Information for Local Agencies Open Meetings
Aanestad

An act to amend Sections 54954.5 and 54957 of the Government Code, relating to government
agencies.

The Ralph M. Brown Act requires meetings of the legislative body of a local agency to be
conducted openly and publicly. This act expands the Brown Act closed session meeting
exemptions to include discussion of matters relating to threats to the security of essential public
services, including water, drinking water, wastewater, and electric service. The bill also allows
for a security consultant or security operations manager to be present during closed sessions.


AB 2704 – Flood Damage Reduction and Urban Creek Restoration
Aroner

An act to amend Section 7048 of the Water Code, relating to water.

This act provides for a program of flood damage reduction and urban creek restoration to be
known as the Urban Streams Restoration Program. It provides, to the extent that funds are
provided, a process for awarding competitive grants for flood control and urban creek
restoration.

The act requires the Department of Water Resources to maintain a balance in allocating the
money annually available for grants to urban creek restoration projects. It authorizes the
department to adopt regulations that define adaptive management, to establish criteria to fund
projects, and to amend or utilize existing regulations for approving competitive grants.


AB 2717 – Water Desalination
Hertzberg

An act to add Section 12949.6 to the Water Code, relating to water, and making an appropriation
therefor.

This act requires the Department of Water Resources, not later than July 1, 2004, to report to the
Legislature, on potential opportunities and impediments for using seawater and brackish water
desalination, and to examine what role, if any, the state should play in furthering the use of
desalination technology. This act requires the department to convene a Water Desalination Task
Force, comprised of representatives from listed agencies and interest groups, to advise the
department in carrying out these duties and in making recommendations to the Legislature.




                                                 36
AB 2971 – Wastewater Treatment Plants
Strom-Martin

An act to amend Sections 13625, 13627, and 13630 of, and to add Sections 13625.1 and 13627.5
to, the Water Code, relating to wastewater treatment.

This act revises the definition of wastewater treatment plants by including within that definition
private and governmental facilities used in the treatment or reclamation of sewage or industrial
waste, rather than sewage and industrial waste, and any privately owned facility, without
requiring that it is regulated by the Public Utilities Commission. This act authorizes the State
Water Resources Control Board to exempt for four years from the certificate requirements any
facility that is classified, by regulation, as a Class 1 plant by the state board and the facility could
not, due to operator error, violate water quality objectives. This act requires operators employed
at the private wastewater treatment plants to pass any written examination that may be
administered by the state board.


SB 469 – Total Maximum Daily Loads
Alpert

An act to amend Section 13246 of, and to add Section 13191.3 to, the Water Code, relating to
water, and declaring the urgency thereof, to take effect immediately.

This act requires the State Water Resources Board to prepare, on or before July 1, 2003,
guidelines to be used by the state board and the regional boards for the purpose of listing and
delisting waters and developing and implementing the total maximum daily load (TMDL)
program and total maximum daily loads pursuant to the federal Clean Water Act. This act
requires the guidelines to be finalized not later than January 1, 2004.


SB 526 – Discharges from Underground Storage Tanks
Sher

An act to amend Sections 25299.37.1, 25299.39.1, 25299.77, and 25395.41 of the Health and
Safety Code, relating to hazardous substances, and declaring the urgency thereof, to take effect
immediately.

The act provides for the issuance of a specified closure letter relative to the completion of an
investigation and corrective action for an underground storage tank. The act prohibits the
issuance of such a closure letter unless the soil or groundwater, or both, where applicable, have
been tested for MTBE. It prohibits the issuance of such a closure letter unless the board, a
California regional water quality control board, or the local agency finds that the tank is in
compliance with specified corrective action requirements.

The act requires that a site included in the system be designated as having no residual
contamination if, at the time the site is closed, the board determines that no residual
contamination remains on the site. It requires that a site be designated in the data system as



                                                  37
having no residual contamination if, at the time a closure letter is issued for the site, the board
makes that determination.


SB 621 – Water Bonds
Costa

An act relating to water.

This act appropriates $2,100,000 from bond funds made available to the Department of Water
Resources for infrastructure rehabilitation projects for allocation to the Tulare County Water
Works District No. 1 and the Alpaugh Irrigation District for the repair and replacement of
domestic water supply and treatment systems owned and maintained by those districts.


SB 849 – Fees Relating to Oil Spills
Torlakson

An act to amend Sections 8670.37.58, 8670.40, 8670.54, and 8670.55 of, and to add Sections
8670.41 and 8670.42 to, the Government Code, relating to oil spills.

This act extends, until January 1, 2006, the expiration date on the authority of the administrator
to establish a lower standard of financial responsibility for the specified nontank vessels relating
to the Lempert-Keene-Seastrand Oil Spill Prevention and Response Act. It modifies the
collection by the State Board of Equalization of the administration fee which is imposed upon
every person owning crude oil at a marine terminal.

This act also modifies the procedures for the Oil Spill Technical Advisory Committee


SB 1093 – Recreational Water Use in Sly Park Recreational Area
Costa

An act to amend Section 115825 of, and to add Section 115842 to, the Health and Safety Code,
relating to public health.

Existing law, with certain exceptions, prohibits bodily contact with water in a reservoir in which
water is stored for domestic use. This act exempts from this prohibition recreational activity
in which there is bodily contact with water by any participant in Sly Park Reservoir provided that
specified conditions are satisfied.


SB 1348 – Water Conservation
Brulte

An act to add Section 10631.5 to the Water Code, relating to water.




                                                  38
This act require the Department of Water Resources to take into consideration whether the urban
water supplier is implementing or planning the implementation of water demand management
activities in evaluating applications for grants or loans made available from the Water
Conservation Account for the purpose of funding urban water conservation projects.


SB 1372 – Solar Evaporators
Machado

An act to amend Section 25208.3 of, and to add Article 9.7 (commencing with Section 25209.10)
to Chapter 6.5 of Division 20 of, the Health and Safety Code, relating to water.

This act requires the State Water Resources Control Board to adopt, on or before April 1, 2003,
emergency regulations that establish minimum requirements for the design, construction,
operation, and closure of solar evaporators. It prohibits a regional board from issuing a
notice of authority to operate a solar evaporator on and after January 1, 2008. This act exempts
any solar evaporator operating under a valid written notice of authority to operate issued by the
regional board.


SB 1381 – Santa Monica Bay Restoration Commission
Kuehl

An act to amend Section 30988 of, to amend and renumber Section 30988.4 of, to repeal
Sections 30988.1 and 30988.3 of, and to repeal and add Section 30988.2 of, the Public Resources
Code, relating to ocean resources.

This act recasts those provisions to eliminate references to the Santa Monica Bay Restoration
Project and instead establishes, within the State Water Resources Control Board, the Santa
Monica Bay Restoration Commission, which would assume the functions of the project. It
requires the Secretary for Environmental Protection, the Secretary of the Resources Agency, and
the Chair of the Bay Watershed Council of the Santa Monica Bay Restoration Commission to
enter into a memorandum of understanding that ensures the coordination of state programs
affecting Santa Monica Bay, and that delineates the authority of the commission, and its
governance structure with respect to the implementation of those programs.


SB 1473 – Water Security, Drinking Water, Coastal Beach Protection Act of 2002
Machado

An act to add Section 79560.1 to the Water Code, relating to water.

Proposition 50, if approved by the voters at the November 5, 2002, statewide general election,
would authorize the issuance of bonds for the purposes of financing a safe drinking water, water
quality, and water reliability program. This bill would require the Department of Water




                                                39
Resources to administer 50% of certain funds made available by the initiative measure for a
regional water management program, and allow the State Water Resources Control Board to
administer the remaining 50% of those funds.

The bill also would require a state agency that makes a grant for a project financed by
Proposition 50 funds that includes any modification of a river or stream channel, to determine,
prior to awarding the grant, whether the environmental impacts resulting from that modification
will be fully mitigated. The agency must considering all of the impacts of that modification and
any mitigation, environmental enhancement, and environmental benefit resulting from the
project. The agency would be required to determine whether any environmental enhancement or
benefit equals or exceeds any negative environmental impacts of the project. The bill would
provide that the costs of mitigation or enhancement could be included in the project costs eligible
for that described funding made available by the initiative measure.

Finally, the bill would declare the intent of the Legislature that up to $150 million of the total
funds made available by the initiative measure is used for projects that facilitate water transfers
under the Quantification Settlement Agreement. The bill would additionally declare the intent of
the Legislature that 40% of the funds made available by the initiative for integrated regional
water management projects will be available for projects in Northern California and 40% of the
funds will be made available for projects in Southern California.


SB 1513 – Oil Spill Contingency Planning
Karnette

An act to amend Section 8670.37.58 of the Government Code, relating to public resources.

This act extends, until January 1, 2006, the expiration date of the authority of the administrator to
establish a lower standard of financial responsibility for the specified nontank vessels.


SB 1518 – Recycled Water
Torlakson

An act to amend Section 6512 of the Health and Safety Code, and to amend Section 10633 of the
Water Code, relating to water.

Current law requires a sanitation district that includes any part of a city, water district or another
local agency that provides water service to any territory in the district to obtain the consent of
that city, water district, etc. before supplying water service to that territory. This act provides
that this requirement does not apply to the provision of recycled water by a sanitation district.
Therefore, Sanitary districts would no longer have to obtain consent from a water supplier before
supplying recycled water in the same service area.

Existing law requires every urban water supplier to prepare and periodically update an urban
water management plan for submission to the Department of Water Resources describing the




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projected use within the supplier's service area at the end of 5, 10, 15 and 20 years. This act
requires the supplier to include a description of the actual use of recycled water in comparison to
previously projected uses, and a description of the quantity of treated wastewater that meets
recycled water standards, is being discharged and is otherwise available for use in the plan.


SB 1599 – Water Quality Enforcement
Poochigan

An act to amend Sections 13320 and 13321 of the Water Code, relating to water quality.

This act authorizes the State Water Resources Control Board, in ruling on a petition for review of
a regional board action on any waste discharge requirements, to grant a stay to be in effect from
the effective date of the waste discharge requirements. The act authorizes the superior court, in
granting a stay pursuant to a petition for review of a decision of the state board denying a request
for a stay of waste discharge requirements, to make the stay effective as of the effective date of
the waste discharge requirements.


SB 1628 – Attorney General Representation of Water Board and Others
Sher

An act to amend Section 40432 of the Public Resources Code, and to amend Section 186 of the
Water Code, relating to resources, and declaring the urgency thereof, to take effect immediately.

This act allows the state Attorney General to represent the Integrated Waste Management Board,
Water Resources Control Board, or both, along with another state agency in litigation.


SB 1653 – California Bay-Delta Authority Act
Costa

An act to amend Section 11552 of the Government Code, and to add and repeal Division 26.4
(commencing with Section 79400) of the Water Code, relating to water.

The California Bay-Delta Authority Act establishes in the Resources Agency the California
Bay-Delta Authority, consisting of representatives from six state agencies and six federal
agencies if those federal agencies are authorized to participate, seven public members, one
member of the Bay-Delta Public Advisory Committee, and four nonvoting, ex officio members
of the Legislature. The act prescribe the authority's organization, powers, and purposes.

This act requires the authority and the implementing agencies, to carry out the programs,
projects, and activities necessary to implement the Bay-Delta Program, defined to mean those
projects, programs, commitments and other actions that address the goals and objectives of the
CALFED Bay-Delta Program Record of Decision, dated August 28, 2000.




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The act repeals these provisions on January 1, 2006, unless the Secretary of the Resources
Agency makes a certain determination.


SB 1672 – Integrated Regional Water Management Planning Act
Costa

An act to add Part 2.2 (commencing with Section 10530) to Division 6 of the Water Code,
relating to water.

The Integrated Regional Water Management Planning Act of 2002 authorizes a regional water
management group, to prepare and adopt a regional plan, in accordance with certain procedures,
that addresses programs, projects, reports, or studies relating to water supply, water quality, flood
protection, or related matters, over which any local public agency, that is a participant in that
group has authority to undertake.


SB 1711 – Water and Electrical Energy Facilities
Costa

An act to amend Sections 53091 and 53096 of the Government Code, relating to land use.

This act specifies water treatment facilities to be included among those facilities that were
previously exempt from city and county building and zoning ordinances as specified in current
law. Current law prohibits application of the building ordinances and zoning ordinances of a
county or city to the location or construction of specified water and electrical energy facilities.
This act would require local agencies to comply with building and zoning ordinances.


SB 1822 -- Safe Drinking Water Standards and Perchlorate
Sher

An act to amend Section 116275 of, and to add Section 116293 to, the Health and Safety Code,
relating to drinking water.

This act requires the Office of Environmental Health Hazard Assessment, on January 1, 2003, to
perform a risk assessment and, based upon that risk assessment, to adopt a public health goal
based exclusively on public health considerations for perchlorate. It requires the State
Department of Health Services, on or before January 1, 2004, to adopt a primary drinking water
standard for perchlorate found in public water systems.




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SB 1870 – San Francisco Bay Area Regional Water System Financing Authority
Speier

An act to add Division 31.7 (commencing with Section 81600) to the Water Code, relating to
water.

The San Francisco Bay Area Regional Water System Financing Authority Act creates the San
Francisco Bay Area Regional Water System Financing Authority, consisting of San Francisco,
certain public entities that purchase water from San Francisco, Stanford University, and the
California Water Service Company. It requires the governing body of each member public entity
of the authority, other than San Francisco, and the Boards of Supervisors of San Mateo and Santa
Clara Counties, to appoint one voting member to the board, and would require the governing
body of San Francisco to appoint one nonvoting member, to a 4-year term on the board. The act
requires San Francisco to become a voting member of the authority if a certain requirement is
met.

The act allows the issue of revenue bonds until December 31, 2020, pursuant to certain
procedures, to improve the reliability of San Francisco's regional water system.


SB 1938 – State Funding for Groundwater Management
Machado

An act to amend Sections 10753.4 and 10795.4 of, to amend and renumber Sections 10753.7,
10753.8, and 10753.9 of, and to add Sections 10753.1 and 10753.7 to, the Water Code, relating
to water.

Current law authorizes a local agency to prepare and implement a groundwater management plan
and establishes the Local Groundwater Assistance Fund. Upon appropriation by the Legislature,
monies may be used by the Department of Water Resources to assist local public agencies by
awarding grants to those agencies to conduct groundwater studies or to carry out groundwater
monitoring and management activities.

This act requires a local agency that elects to develop a groundwater management plan to make
available to the public a written statement describing the manner in which interested parties
would be allowed to participate in the development of that plan.

This act also requires a local agency, in order to qualify for state funds, to prepare and implement
or consent to be subject to a groundwater management plan, a basinwide management plan, or
other integrated regional water management program or plan meeting the requirements of the
bill. It requires the local agency to submit a copy of the plan to the department and the
department would be required to make copies available to the public.




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