CC - Item 4A - AbXl10 NPDES Permit Processing Fees - Box 0709'o
TO: HONORABLE MAYOR
AND MEMBERS
ROSEMEAD CITY COUNCIL
FROM: BILL CROWE, CITY MANAGER
DATE: FEBRUARY 3, 2003
RE: ABXI 10 (OROPEZA) - RE: NPDES PERMIT PROCESSING FEES - OPPOSE
Attached for the City Council's review are copies of ABX1 10 (Oropeza), current bill status and
history, legislative analysis, and roll call vote record. This bill permits the State Air Resources Board
and the State Water Resources Control Board to impose and collect fees from sources under their
jurisdictions.
Currently, both ARB and SWRCB assess fees from certain sources that impact environmental
quality. Previously, the State charged the County, as the lead NPDES stormwater permittee, with
responsibility for paying the fee. Since last year each individual city is responsible forpaying the fee.
This bill not only authorizes the increase of stormwater fees it also eliminates the current $20,000
cap on these fees.
This bill is consistent with the Governor's proposal to increase fee amounts that may be assessed, as
well as, expand the types of sources from which fees may be assessed. If the bill is approved, we can
expect additional unfunded state mandated costs to be levied against local government agencies.
RECOMMENDATION:
It is recommended that the City Council oppose ABX1 10.
AGENDA
FEB 112003
ITEM No. e d-~,
AMENDED IN ASSEMBLY JANUARY 28, 2003
AMENDED IN ASSEMBLY JANUARY 23, 2003
CALIFORNIA LEGISLATURE-2003-04 FIRST EXTRAORDINARY SESSION
ASSEMBLY BILL No. 10
Introduced by Assembly Member Oropeza
January 23, 2003
An act to amend Section 39612 of, and
to add Section 39613 to, the Health and Safety Code, and to amend
Section 13260 of, and to add Section 13260.2 to, the Water Code,
relating to resources.
LEGISLATIVE, COUNSELS DIGEST
AB 10, as amended, Oropeza.
240-2 Resources.
This bill would express the intent of the Inegisiature to impletmett
(1) Existing law designates air pollution control districts and air
quality management districts as having the primarv responsibility for
the control of air pollution from all sources other than vehicular
sources. Existing law authorizes each district to establish a permit
system that requires, except as specified, that before any person builds,
erects, alters, replaces, operates, or user any article, machine,
equipment, or other contrivance that may cause the issuance of air
contaminants, the person obtain a permit from the air pollution control
officer of the district. Existing law also authorizes each district board
to adopt, by regulation, a schedule of annual fees for the evaluation,
issuance, and renewal of those permits. Existing law authorizes the
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State Air Resources Board to require districts to impose additional
permit fees on nonvehic tar sources within !heir jurisdiction for the
purposes of recovering costs of additional state programs related to
those sources. Existing law requires that priority for expenditure of
those permit fees be given to specified activities relating to air pollution
from nonvehicular sources, and requires that those permit fees be
collected from nonvehicular sources that are authorized by district
permits to emit 500 tons or more per year of any nonattainment
pollutant or it precursors. Existing law also limits the total amount of
funds collected by those permit fees, exclusive of district administrative
costs, to $3, 000, 000 in any fiscal year.
This bill would authorize the state board to impose additional permit
fees directly on nonvehicular sources within a district' jurisdiction. The
bill would also authorize the state board to require a district to collect
those fees, to establish a system for direct collection of those fees by the
state board, and to contract with any other state agency.for the
collection of those fees. The bill would lower the threshold emission
level for the imposition of the permit fees on nonvehicular sources by
requiring those fees to be collected from nonvehicular sources that are
authorized by the district to emit 150 tons or more per year of any
nonattainment pollutant or its precursor. The bill would remove the
limit on the total amount offunds that may be collected by the districts
in permit fees. The additional duties for districts under this bill would
impose a state-mandated local program.
(2) Existing law requires the state board to adopt regulations to
achieve the maximum feasible reduction in volatile organic compounds
emitted by consumer products, as defined, if the state board determines
that the regulations are necessary to attain state and federal air quality
standards, and that the regulations are commercially and
technologically feasible and necessary.
This bill would require the state board impose a.fee on any consumer
product and arhv architectural coating sold in the state, if a
mans facturer s total sales of consumer products or architectural
coatings will result in the emission in the stale of 250 tons per year or
greater of volatile organic compounds. The bill would require revenues
collectedfrom the imposition ofthefee to be used to mitigate or reduce
an, pollution in the state created by consumer products and
architectural coatings, as determined by the state board, and that the
revenues be expended solely for those programs.
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(3) Existing law makes a violation ofarry ride, regulation, permit, n•
order of the state board or of a district a misdemeanor. By expanding
the scope of a crime, this bill would impose a state-mandated local
program.
(4) The Porter-Cologne Water Quality Control Act, with certain
exceptions, imposer on a person for whom waste discharge
requirements have been prescribed, on annual fee established by the
State Water Resources Control Board, not to exceed $20,000, but,
subject to an annual adjustment, on the basis of total flow, volume,
number of animals, threat to water quality, and area involved Under
the act, the fees are deposited in the Waste Discharge Permit Fund,
which is expended, upon appropriation, for the purposes of carrying out
the act. The act requires all or part of the fees to be refunded if waste
discharge requirements are waived. The act makes a person failing to
pay a waste discharge fee, if requested to do so by a California regional
water quality control board, guilty of a misdemeanor:
This bill, instead, would require each person for whom waste
discharge requirements have been prescribed, orfor whom a waiver has
been granted, to submit an onnual.fee according to a fee schedule
established by the state board. The bill would require the total amount
of annual fees to equal that amount necessary to recover costs incurred
in connection with the issuance, administration, reviewing, monitoring,
and enforcement of waste discharge requirements and waivers of waste
discharge requirements. The bill would require all or part of the annual
fees to be refunded if the state board or a regional board determines that
the discharge will not affect, or have the potential to affect, the quality
of the waters of the state. The bill would delete a provision that exempts
certain facilities for confined animal feeding operations from the
annual fee requirement. Because failure to pay the annual fee under
certain circumstances is a crime, this bill would impose a
state-mandated local program by expanding the scope of that crime.
The bill would require the state board to establish a fee in an amount
sufficient to recover its costs in reviewing, processing, and enforcing
1. no exposure" certifications issued to facilities that apply for those
certifications in accordance with a general industrial stormwate.
permit. The bill would require revenue generated pursuant to this
provision to be deposited in the Waste Discharge Permit Fund.
(5) The bill would provide that the Legislature shall appropriate, on
or before June 30, 2006, $58,104, 000 from the General Fund to the
Department of Water Resources for allocation to certain local entities
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to pay the state's share of certain nonfederal costs ofJlood control
projects that have been adopted and authorized.
(6) The California Constitution requires the state to reimburse local
agencies and school districts for certain costs mandated by the state.
Statutory provisions establish procedures for making that
reimbursement, including the creation of a State Mandates Claims
Fund to pay the costs of mandates that do not exceed $1,000,000
statewide and other procedures for claims whose statewide costs exceed
$1,000,000.
This bill would provide that with regard to certain mandates no
reimbursement is required by this act for a specified reason.
With regard to any other mandates, this bill would provide that, if the
Commission on State Mandates determines that the bill contains costs
so mandated by the state, reimbursement for those costs shall be made
pursuant to the statutory provisions noted above.
Vote: majority. Appropriation: no. Fiscal committee: tie yes.
State-mandated local program: no yes.
The people of the State of California do enact as follows:
I SEGTION 1. To alleviate the shof4fitll of state reventies in
2 2092 03 fiseal year, it is the intent oFthe J~egislatufe to implement
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4 SECTION 1. Section 39612 of the Health and Safety Code is
5 amended to read:
6 39612. (a) in addition to funds that may be appropriated by
7 the Legislature to the state board to carry out the additional
8 responsibilities and to undertake necessary technical studies
9 required by this chapter, the state board may require disttiets to
10 impose additional permit fees on nonvehicular sources within 44eif
11 a district's jurisdiction.
12 (b) (1) The state board may do any of the following with
13 respect to the collection offees on nonvehicular sources imposed
14 pursuant to subdivision (a):
15 (A) Upon obtaining the concurrence of the district, require a
16 district to collect the fees.
17 (B) Establish a system in which the state board collects the fees
18 directly.
19 (C) Contract with any other state agency to collect the fees.
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(2) If the state board establishes a system to collect fees
pursuant to subparagraph (B) of paragraph (1) or contracts with
another state agency to collect the fees pursuant to subparagraph
(C) of paragraph (1), each district shall provide any information
necessary to ensure the accurate and efficient collection of the fees
from nonvehicularsources.
(c) The permit fees imposed pursuant to this section shall be
expended only for the purposes of recovering costs of additional
state programs related to nonvehicular sources. Priority for
expenditure of permit fees collected pursuant to this section shall
be given to all o€ the following activities:
(1) Identifying air quality-related indicators that may be used
to measure or estimate progress in the attainment of state ambient
air standards pursuant to subdivision (f) of Section 39607.
(2) Establishing a uniform methodology for assessing
population exposure to air pollutants pursuant to subdivision (g)
of Section 39607.
(3) Updating the emission inventory pursuant to Section
39607.3, including emissions that cause or contribute to the
nonattaimnent of federal ambient air standards.
(4) Identifying, assessing, and establishing the mitigation
requirements for the effects of interbasin transport of air pollutants
pursuant to Section 39610.
(5) Updating the state board's guidance to districts on ranking
control measures for stationary sources based upon the cost
effectiveness of those measures in reducing air pollution.
(e)
(d) The permit fees imposed pursuant to this section shall be
collected from nonvehicular sources that are authorized by district
permits to emit--580 250 tons or more per year of any
nonattainment pollutant or its precursors.
(d)
(e) The permit fees collected by a district pursuant to this
section, after deducting the administrative costs to the district of
collecting the fees, shall be transmitted to the Controller for
deposit in the Air Pollution Control Fund.
(e) The total ameutit oF funds ealleeted by fees inipo
shall tiet exeeed three naillian dollars ($3,000,000) in atty fiseal
year.
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(f) On or before January I of each year, the state board shall
report to the Governor and the Legislature on the expenditure of
permit fees collected pursuant to this section and Section 39613.
The report shall include a report on the status of implementation
of the programs prioritized for funding pursuant to subdivision {b)
(c).
SEC. 2. Section 39613 is added to the Health and Safety Code,
to read:
39613. The state board shall impose a fee on any consumer
product, as defined in Section 41712, sold in the state and any
architectural coating sold in the state if a manufacturer's total
sales of consumer products or architectural coatings will result in
the emission in the state of 250 tons per year or greater of volatile
organic cOmpozmds. Revenues collected f om the imposition of this
fee shall be used to mitigate or reduce air pollution in the state
created by consumer products and architectural coatings, as
determined by the state board, and shall be expended solely for
those programs.
SEC. 3. Section 13260 of the Water Code is amended to read:
13260. (a) All of the following persons shall file with the
appropriate regional board a report of the discharge, containing the
information which may be required by the regional board:
(1) Any person discharging waste, or proposing to discharge
waste, within any region that could affect the quality of the waters
of the state, other than into a community sewer system.
(2) Any person who is a citizen, domiciliary, or political agency
or entity of this state discharging waste, or proposing to discharge
waste, outside the boundaries of the state in a manner that could
affect the quality of the waters of the state within any region.
(3) Any person operating, or proposing to construct, an
injection well.
(b) No report of waste discharge need be filed pursuant to
subdivision (a) if the requirement is waived pursuant to Section
13269.
(c) Every person subject to subdivision (a) shall file with the
appropriate regional board a report of waste discharge relative to
any material change or proposed change in the character, location,
or volume of the discharge.
(d) (l) (A) Each person for whom waste discharge
requirements have been prescribed pursuant to Section 13263, or
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2 shall submit an annual fee not to exeeed twenty thousand dollar
3 620,000), according to a r to fee schedule established by
4 the state board. Fees shall be ealettlate, an the basis eFtotal flow,
5 volutiae, number of animals, threat to water quality', or afe-a
6 involved.
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(B) The total amount of annual fees collected pursuant to this
section shall equal that amount necessary to recover costs incurred
in connection with the issuance, administration, reviewing,
monitoring and enforcement of waste discharge requirements and
waivers of waste discharge requirements.
(C) Recoverable costs may include, but are not limited to, costs
incurred in reviewing waste discharge reports, prescribing terms
of waste discharge requirements and monitoring requirements,
enforcing and evaluating compliance with waste discharge
requirements and waiver requirements, conducting surface water
and groundwater monitoring and modeling, analyzing laboratory
samples, and reviewing documents prepared for the purpose of
regulating the discharge of waste, and administrative costs
incurred in connection with carrying out these actions.
(2) (A) Subject to subparagraph (B), any fees collected
pursuant to this section shall be deposited in the Waste Discharge
Permit Fund which is hereby created. The money in the fund is
available for expenditure by the state board, upon appropriation by
the Legislature, solely for the purposes of carrying out this
division.
(B) (i) Notwithstanding subparagraph (A), the fees collected
pursuant to this section from stormwater dischargers that are
subject to a general industrial or construction stormwater permit
under the national pollutant discharge elimination system
(NPDES) shall be separately accounted for in the Waste Discharge
Permit Fund.
(ii) Not less than 50 percent of the money in the Waste
Discharge Permit Fund that is separately accounted for pursuant
to clause (i) is available, upon appropriation by the Legislature, for
expenditure by the regional board with jurisdiction over the
permitted industry or construction site that generated the fee to
carry out stormwater programs in the region.
(iii) Each regional board that receives money pursuant to
clause (ii) shall spend not less than 50 percent of that money solely
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on stormwater inspection and regulatory compliance issues
associated with industrial and construction stormwater programs.
(3) Any person who would be required to pay the annual fee
prescribed by paragraph (1) for waste discharge requirements
applicable to discharges of solid waste, as defined in Section
40191 of the Public Resources Code, at a waste management unit
that is also regulated under Division 30 (commencing with Section
40000) of the Public Resources Code, and who is or will be subjeet
to the fee imposed porsuant to Seetiatt 46801 of the Publie
shall be entitled to a waiver
of the annual fee for the discharge of solid waste at the waste
management unit imposed by paragraph (1) upon verification by
the state board of payment of the fee imposed by Section 48000 of
the Public Resources Code, and provided that the fee established
pursuant to Section 48000 of the Public Resources Code generates
revenues sufficient to fund the programs specified in Section
48004 of the Public Resources Code and the amount appropriated
by the Legislature for those purposes is not reduced.
(4) The maxinitim fee amount set fai4h in paragraph
subdivision (d) shall be adjusted anneally to fefleet inereftses a
deefeases in the east of living as ffieasttfed by the Getisumer
Index pfepared by the Department of hiclustfial Relations or -a
(e) Each report of waste discharge for a new discharge
submitted under this section shall be accompanied by a fee equal
in amount to the annual fee for the discharge.
Fequifemenis afe issued, the fee, which shall serve as the first
annual fee. If
to Seetion 69 the stale board or a regional board determines
that the discharge will not affect, or have the potential to affect, the
qualio) of the waters of the state, all or part of the annual fee shall
be refunded.
(f) (1) The state board shall adopt, by emergency regulations,
a schedule of fees authorized under subdivisions subdivision (d)
and-6). The total revenue collected each year through annual fees
shall be set at an amount equal to the revenue levels set forth in the
Budget Act for this activity. The state board shall automatically
adjust the annual fees each fiscal year to conform with the revenue
levels set forth in the Budget Act for this activity. If the state board
determines that the revenue collected during the preceding year
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was greater than, or less than, the revenue levels set forth in the
Budget Act, the state board may further adjust the annual fees to
compensate for the over and under collection of revenue.
(2) The emergency regulations adopted pursuant to this
subdivision, any amendment thereto, or subsequent adjustments to
the annual fees, shall be adopted by the state board in accordance
with Chapter 3.5 (commencing with Section 11340) of Part 1 of
Division 3 of Title 2 of the Government Code. The adoption of
these regulations is an emergency and shall be considered by the
Office of Administrative Law as necessary for the immediate
preservation of the public peace, health, safety, and general
welfare. Notwithstanding Chapter 3.5 (commencing with Section
11340) of Part 1 of Division 3 of Title 2 of the Government Code,
any emergency regulations adopted by the state board, or
adjustments to the annual fees made by the state board pursuant to
this section, shall not be subject to review by the Office of
Administrative Law and shall remain in effect until revised by the
state board.
(g) The state board shall adopt regulations setting forth
reasonable time limits within which the regional board shall
determine the adequacy of a report of waste discharge submitted
under this section.
(h) Each report submitted under this section shall be sworn to,
or submitted under penalty of perjury.
(i) The regulations adopted by the state board pursuant to
subdivision (f) shall include a provision that annual fees shall not
be imposed on those who pay fees under the National Pallutan
Discharge Elimination Syste national pollutant discharge
elimination system until the time when those fees are again due, at
which time the fees shall become due on an annual basis.
6) Faeilities for eatifined animal Feeding or holdiiig ,
inelticling daity fitfitts, whieh have been issued waste disehftfge
ptior to 4anuafy 1, 1989, are exempt from subdivision (d). 1
38 (f), net to exeeed two thottsand dellafs ($2,000), and the ftw4ity
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Oe -Any person operating or proposing to construct an oil, gas,
or geothermal injection well subject to paragraph (3) of
subdivision (a), shall not be required to pay a fee pursuant to
subdivision (d), if the injection well is regulated by the Division
of Oil and Gas of the Department of Conservation, in lieu of the
appropriate California regional water quality control board,
pursuant to the memorandum of understanding, entered into
between the state board and the Department of Conservation on
May 19, 1988. This subdivision shall remain operative until the
memorandum of understanding is revoked by the state board or the
Department of Conservation.
ff)
(k) In addition to the report required by subdivision (a), before
any person discharges mining waste, the person shall first submit
both of the following to the regional board:
(1) A report on the physical and chemical characteristics of the
waste that could affect its potential to cause pollution or
contamination. The report shall include the results of all tests
required by regulations adopted by the board, any test adopted by
the Department of Toxic Substances Control pursuant to Section
25141 of the Health and Safety Code for extractable, persistent,
and bioaccumulative toxic substances in a waste or other material,
and any other tests that the state board or regional board may
require, including, but not limited to, tests needed to determine the
acid-generating potential of the mining waste or the extent to
which hazardous substances may persist in the waste after
disposal.
(2) A report that evaluates the potential of the discharge of the
mining waste to produce, over the long term, acid mine drainage,
the discharge or leaching of heavy metals, or the release of other
hazardous substances.
fttt)
(1) Except upon the written request of the regional board, a
report of waste discharge need not be filed pursuant to subdivision
(a) or (c) by a user of recycled water that is being supplied by a
supplier or distributor of recycled water for whom a master
recycling permit has been issued pursuant to Section 13523.1.
SEC. 4. Section 13260.2 is added to the Water Code, to read:
13260.2. (a) The state board shall establish a fee in an
amount sufficient to recover its costs in reviewing, processing, and
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enforcing "no exposure" certifications issued to facilities that
apply for those certifications in accordance with a general
industrial storm water permit.
(b) Revenue generated pursuant to this section shall be
deposited in the Waste Discharge Permit Fund.
SEC. 5. (a) The Legislature hereby. finds and declares all of
the jollowing:
(1) Adjustments made to the Budget Act of2002 in the 2003-04
First Extraordinary Session reverted fifty-eight million one
hundred four thousand dollars ($58,104,000) to the General
Fund.
(2) These funds were originally appropriated by Section 8 of
Chapter- 326 of the Statutes of 1998 to pay.for the state's share of
the nonfederal costs of food control projects that have been
adopted and authorized in accordance with one or more of the
following provisions of law:
(A) State Water Resources Law of 1945 (Ch. I (commencing
with Sec. 12570) and Ch. 2 (commencing with Sec. 12639), Pt. 6,
Div. 6, Wat. C.).
(B) Flood Control Law of 1946 (Ch. 3 (commencing with Sec.
12800), Pt. 6, Div. 6, Rat. C.).
(C) California Watershed Protection and Flood Prevention
Law (Ch. 4 (commencing with Sec. 12850), Pt. 6, Div 6, Wat. C.).
(b) The Legislature, on or before June 30, 2006, shall
appropriate f fry-eight million one hundred four thousand dollars
($58,104,000) from the General Fund to the Department of Water
Resources for allocation, in accordance with Section 8 of Chapter
326 of the Statutes of 1998, to the local entities with whom the state
has agreements to pay the state's share of the nonfederal costs of
food control projects.
SEC. 6. No reimbursement is required by this act pursuant to
Section 6 of Article XIII B of the California Constitution for
certain costs that may be incurred by a local agency or school
district because in that regard this act creates a new crime or
infraction, eliminates a crime or infraction, or changer the penalty
for a crime or infraction, within the meaning of Section 17556 of
the Government Code, or changes the definition of a crime within
the meaning of Section 6 of Article XIII B of the California
Constitution.
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However , notwithstanding Section 17610 of the Government
Code, if the Commission on State Mandates determines that this
act contains other costs mandated by the state, reimbursement to
local agencies and school districts.for those costs shall be made
pursuant to Part 7 (commencing with Section 17500) of Division
4 of Title 2 of the Government Code. If the statewide cost of the
claim for reimbursement does not exceed one million dollars
($1,000,000), reimbursement shall be made from the State
Mandates Claims Fund.
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ABXI 10 Assembly BILL, 1st Extraordinary Session - Status
CURRENT BILL STATUS
MEASURE : A.B. No. 10 (1st Ex. Sess.)
AUTHOR(S) Oropeza.
TOPIC Resources.
HOUSE LOCATION SEN
+LAST AMENDED DATE 01/28/2003
TYPE OF BILL :
Active
Non-Urgency
Non-Appropriations
Majority Vote Required
State-Mandated Local Program
Fiscal
Non-Tax Levy
Page I of 1
LAST HIST. ACT. DATE: 01/30/2003
LAST HIST. ACTION Withdrawn from committee. Read second time. To third
reading.
FILE SEN THIRD READING
FILE DATE 02/03/2003
ITEM 7
TITLE An act to amend Section 39612 of, and to add Section
39613 to, the Health and Safety Code, and to amend
Section 13260 of, and to add Section 13260.2 to, the
Water Code, relating to resources.
http://www.leginfo.ca.gov/pub/bill/asm/ab_0001-0050/abxl_10 bill_20030130_status.html 2/3/2003
ABX1 10 Assembly BILL, 1st Extraordinary Session - History Page 1 of 1
COMPLETE BILL HISTORY
BILL NUMBER : A.B. No. 10 (1st Ex. Sess.)
AUTHOR Oropeza
TOPIC Resources.
TYPE OF BILL :
BILL HISTORY
2003
Active
Non-Urgency
Non-Appropriations
Majority Vote Required
State-Mandated Local Program
Fiscal
Non-Tax Levy
Jan. 30 Withdrawn from committee. Read second time. To third reading.
Jan. 29 In Senate. Read first time. To Com. on B. & F.R.
Jan. 28 Read second time and amended. Ordered returned to second reading.
Read second time. To third reading. Read third time, passed, and
to Senate. (Ayes 41. Noes 35. Page 61.)
Jan. 27 Re-referred to Com. on BUDGET. From committee: Amend, and do pass
as amended. (Ayes 18. Noes 12.) (January 27).
Jan. 23 Read first time. To print. From printer. Referred to Com. on
BUDGET. From committee chair, with author's amendments: Amend, and
re-refer to Com. on BUDGET. Read second time and amended.
http://www.leginfo.ca.gov/pub/bill/asin/ab_0001-0050/abx 1_ 10_bill_20030130_history.html 2/3/2003
ABXI 10 Assembly BILL, 1st Extraordinary Session - Bill Analysis
ISENATE RULES COMMITTEE AE 1OXI
(Office of Senate Floor Analyses
11020 N Street, Suite 524 I
1(916) 445-6614 Fax: (916) I
1327-4478 I I
THIRD READING
Bill No: AB 1OX
Author: Oropeza (D)
Amended: 1/28/03 in Assembly
Vote: 21
WITHDRAWN FROM COMMITTEE
ASSEMBLY FLOOR 41-35, 1/28/03 - See last page for vote
SUBJECT .
SOURCE .
Resources
Author
DIGEST This bill permits the State Air Resources Board
and the State Water Resources Control Board to impose and
collect fees from sources under their jurisdictions. Sets
a time-certain for the payment of the State's share of
costs associated with the non-federal costs of specific
local flood control projects, funding for which is
currently proposed to be reverted in AB 6X (Oropeza).
ANALYSIS This bill
1.Deletes an existing cap on air pollution fees from
stationary sources, allows for the imposition of fees on
consumer products and architectural coating products, and
allows the State Air Resources Board (ARE) to collect
these fees.
2.Deletes an existing cap on waste discharge fees and
permits the State Water Resources Control Board (SWRCB)
CONTINUED
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AB 1OX
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ABX 1 10 Assembly BILL, I st Extraordinary Session - Bill Analysis Page 2 of 3
to impose fees for specific waste discharge activities
and waivers.
3.Requires the State, no later than June 30, 2006, to
appropriate $58,104,000 to the State Department of Water
Resources to pay the State's share of the non-federal
costs of specific local flood control projects. Funding
for these projects was provided in Chapter 326, Statutes
of 1998, and is proposed to be reverted in AB 6X
(Oropeza).
Comments
Currently, both ARB and SWRCB assess fees from certain
sources that are deemed to be threats to environmental
quality. The Governor has proposed increasing the amounts
that may be assessed, as well as has expanded the types of
sources from which fees may be assessed. Additionally, the
Governor's December revisions reverted $58.1 million
General Fund (GF) in flood control subvention payments.
This bill requires reappropriation of these funds before
June 30, 2006.
FISCAL EFFECT Appropriation: No Fiscal Com.: Yes
Local: Yes
Fees provided in this bill will allow a reduction in GF
support of $24 million ($13.6 million at SWRCB and $10
million at ARB) proposed by the Governor in the budget
year. This amount is uncertain, as regulations governing
fees and expenditure authority which could change the GF
savings.
ASSEMBLY FLOOR
AYES: Berg, Bermudez, Calderon, Chan, Chavez, Chu,
Corbett, Diaz, Dutra, Dymally, Firebaugh, Frommer,
Goldberg, Hancock, Jackson, Kehoe, Koretz, Laird, Leno,
Levine, Lieber, Liu, Longville, Lowenthal, Montanez,
Mullin, Nakano, Nation, Nunez, Oropeza, Pavley, Reyes,
Ridley-Thomas, Salinas, Simitian, Steinberg, Vargas,
Wiggins, Wolk, Yee, Wesson
NOES: Aghazarian, Bates, Benoit, Bogh, Canciamilla,
Cogdill, Correa, Cox, Daucher, Dutton, Garcia, Harman,
Haynes, Shirley Horton, Houston, Keene, La Malfa, La
AS 10X
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3
Suer, Leslie, Maddox, Maldonado, Matthews, Maze,
McCarthy, Mountjoy, Nakanishi, Pacheco, Parra, Plescia,
Richman, Runner, Samuelian, Spitzer, Strickland, Nyland
CP:cm 1/31/03 Senate Floor Analyses
SUPPORT/OPPOSITION: NONE RECEIVED
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ABX1 10 Assembly BILL, 1st Extraordinary Session - Bill Analysis Page 3 of 3
END
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ABXI 10 Assembly Bill -Vote Information
VOTES - ROLL CALL
MEASURE: ABX1 10
AUTHOR: Oropeza
TOPIC: Resources.
DATE: 01/28/2003
LOCATION: ASM. FLOOR
MOTION: AB 10 Oropeza Assembly Third Reading
(AYES 41. NOES 35.) (PASS)
AYES
Berg Bermudez Caldero
Chavez Chu Corbett Diaz
Dutra Dymally Firebaugh
Goldberg Hancock Jackson
Koretz Laird Leno Levine
Lieber Liu Longville
Montanez Mullin Nakano
I Chan
Frommer
Kehoe
Lowenthal
Nation
Page 1 of I
First Extraordinary Session
Nunez Oropeza Pavley Reyes
Ridley-Thomas Salinas Simitian Steinberg
Vargas Wiggins Welk Yee
Wesson
NOES
Aghazarian Bates Benoit
Canciamilla Cogdill Correa
Daucher Dutton Garcia Harman
Haynes Shirley Horton Houston
La Malfa La Suer Leslie
Maldonado Matthews
Mountjoy Nakanishi
Plescia Richman Runner Samueli
Spitzer Strickland Wyland
Bogh
Cox
Keene
Maddox
Maze McCarthy
Pacheco Parra
3n
ABSENT, ABSTAINING, OR NOT VOTING
Campbell Cohn Jerome Horton Negrete McLeod
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