Public resources trailer bill.

Existing law authorizes the State Fire Marshal to establish and collect admission fees and other fees that may be necessary to be charged for seminars, conferences, and specialized training given pursuant to the California Fire and Arson Training Act, and for the implementation of the California Fire and Arson Training Act, only to the extent that state appropriations and other funding sources are insufficient to cover the necessary costs of those seminars, conferences, specialized training, and implementation. Existing law requires the admission fees and other fees collected to be paid into the California Fire and Arson Training Fund.

This bill would instead authorize the State Fire Marshal to establish and collect those admission fees and other fees only to the extent that state appropriations from funding sources other than the fund are insufficient to cover the necessary costs of those seminars, conferences, and specialized training.

(2) Existing hazardous waste control laws require the Department of Toxic Substances Control to regulate the handling and management of hazardous waste and hazardous materials. A violation of the hazardous waste control laws is a crime. Existing law authorizes the department and the California Department of Tax and Fee Administration (CDTFA) to continue to administer and collect a fee that was due and payable on or before June 30, 2022, for the disposal of hazardous waste that was disposed of on or before June 30, 2022.

This bill would authorize the department and CDTFA to continue to administer and collect the fee if it was due and payable on or before September 30, 2022, rather than on or before June 30, 2022. Because the failure to pay the generation and handling fee would be a crime, the bill would impose a state-mandated local program.

(3) The Hazardous Substances Tax Law requires a generator of hazardous waste to pay to CDTFA a generation and handling fee for each generator site, as defined, that generates hazardous waste, as specified. Existing law imposes a different generation and handling fee for specified projects.

This bill would make various changes to the Hazardous Substances Tax Law, including, among other things, specifying that provisions that apply to the returns and payments of the generation and handling fee also apply to the above-described generation and handling fee for specified projects.

Existing law imposes a penalty on a feepayer who willfully or knowingly provides incorrect information or withholds information that results in a deficient payment or nonpayment as determined by CDTFA. Existing law requires penalty determinations to be served within 3 years of the date the return was due or filed, as specified, except as specified.

This bill would specify that the above-described penalty determination is based upon a preponderance of the evidence and would create a new exception to the 3-year deadline for willfully or knowingly providing incorrect information or withholding information.

Existing law generally limits refunds for overpayments after 3 years, as specified. Existing law makes an exception to that limit for refunds of a facility fee if the taxpayer has paid or is being assessed a disposal or generation and handling fee for the same period and site, or vise versa.

This bill would remove from that exception refunds of, or payment or assessment of, a disposal fee.

By expanding the scope of the Hazardous Substances Tax Law, the violation of which is a crime, this bill would impose a state-mandated local program.

(4) The California Beverage Container Recycling and Litter Reduction Act requires a distributor of beverage containers to pay to the Department of Resources Recycling and Recovery a redemption payment for every beverage container sold or offered for sale, as provided. The act requires the department to deposit those amounts into the California Beverage Container Recycling Fund. The act continuously appropriates the fund to the department for specified purposes, including, among others, to pay refund values, administrative fees, and processing payments associated with the collection and recycling of empty beverage containers. Until July, 1, 2027, the act authorizes the department to pay a market development payment not exceeding $150 per ton to a reclaimer for empty plastic beverage containers and to a product manufacturer for plastic flake, pellet, sheet, or other form of plastic purchased from a reclaimer, as provided. The act requires the department, in setting the amount of the market development payment, to consider the minimum funding level needed to encourage in-state washing and processing of, and manufacturing that uses processed plastic from, empty plastic beverage containers, as provided. The act also requires the department to consider the projected availability of funds for plastic market development payments and the desire to maintain the minimum funding level needed throughout the year.

This bill would authorize the department to make these market development payments at a level not exceeding $250 per ton and extend the authorization to make market development payments until July 1, 2029. In setting the amount of the market development payment, the bill would require the department to consider incentive payments to encourage in-state washing and processing of, and manufacturing for a circular economy that uses processed plastic from, empty plastic beverage containers. The bill would also require the department to consider market conditions and pricing related to certain plastics, the quality of, and types of products manufactured from, plastic, and the overall benefit to the beverage container recycling program and advancing circularity in the state. The bill would require the department to determine eligibility for a market development payment based on market conditions. The bill would require a reclaimer or manufacturer to report to the department specified information to be eligible for a market development payment. The bill would require the department to aggregate and publish the reported information on its internet website. The bill would require the department to publish a report on its internet website regarding proposed methodologies for the verification of recycled plastic, as specified.

The act continuously appropriates moneys from the fund through the 2025–26 fiscal year to the department for these market development payments.

This bill would continuously appropriate money from the fund through the 2028–29 fiscal year to the department for these market development payments, as specified. The bill would authorize the department to establish a grant program to support plastic reclaimers and manufacturers operating in California that invest in equipment, facility operations, or other infrastructure necessary to process postconsumer plastic beverage containers and manufacture products using recycled plastic feedstock, as specified.

(5) Existing constitutional provisions require that a statute that limits the right of access to the meetings of public bodies or the writings of public officials and agencies be adopted with findings demonstrating the interest protected by the limitation and the need for protecting that interest.

(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.

This bill would provide that no reimbursement is required by this act for a specified reason.

This bill would make legislative findings to that effect.

(7) This bill would declare that it is to take effect immediately as a bill providing for appropriations related to the Budget Bill.