CALIFORNIA LEGISLATURE 20192020 REGULAR SESSION Assembly Bill No. 2809Introduced by Assembly Member Mullin(Coauthors: Assembly Members Berman and Waldron)(Coauthor: Senator Hill)February 20, 2020 An act to amend Sections 66641.6 and 66647 of, and to add Section 66640.1 to, the Government Code, and to amend Section 29422 of the Public Resources Code, relating to conservation. LEGISLATIVE COUNSEL'S DIGESTAB 2809, as introduced, Mullin. San Francisco Bay Conservation and Development Commission: Suisun Marsh Preservation Act of 1977.(1) Existing law sets forth a comprehensive plan for the conservation of the waters of the San Francisco Bay and the development of its shoreline and delegates to the San Francisco Bay Conservation and Development Commission authority to implement the plan. Existing law requires any person or governmental agency wishing to place fill, to extract materials, or to make any substantial change in the use of any water, land, or structure within the shoreline and body of the bay to, among other things, secure a permit from the commission, which has authority to impose permit conditions and civilly enforce permit requirements, as prescribed.This bill would require, by the end of the 202021 fiscal year, that the commission create and implement procedures to provide managerial review of staff decisions in enforcement cases, timelines for resolving enforcement cases, and a penalty matrix for assessing fines and civil penalties. The bill would, commencing with the 202223 fiscal year, authorize the commission to record notices of violation on the titles of properties that have been subject to enforcement actions, as specified. (2) Existing law, the Suisun Marsh Preservation Act of 1977, sets forth a comprehensive plan for the preservation and protection of the Suisun Marsh. The act delegates to the commission the primary state responsibility for the implementation of the act, including review at least once every 5 years, of a certified local protection program for Suisun Marsh, as prescribed. If the commission determines that the certified local protection program, or any component thereof, is not being carried out in conformity with the act, existing law requires the commission to submit recommendations of corrective actions to certain local government entities, as specified. Existing law requires the affected local government entities to review the commissions recommendations and, if they do not take the commissions recommended actions within one year, to forward to the commission a report setting forth reasons for not taking the recommended actions, which the commission must then review and, where appropriate, report to the Legislature, as prescribed.This bill would require the commission to perform and complete the required review of the local protection program by no later than July 1, 2021, and to perform successive reviews under the act every 5 years.(3) Existing law establishes in the State Treasury the Bay Fill Clean-up and Abatement Fund and makes all moneys paid into the fund available for expenditure by the commission or its executive director, when appropriated by the Legislature, for the purposes of removing fill, resource enhancement, or performing any other remedial cleanup or abatement actions within the commissions jurisdiction.This bill would prohibit the commission, commencing with the 202122 fiscal year, from using moneys paid into the fund to pay for the commissions staff salaries or enforcement actions.Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: YES Local Program: NO Bill TextThe people of the State of California do enact as follows:SECTION 1. Section 66640.1 is added to the Government Code, to read:66640.1. The commission shall create and implement all of the following by the end of the 202021 fiscal year:(a) A procedure to ensure that managers perform a documented review of staff decisions in enforcement cases.(b) Timelines for resolving enforcement cases.(c) A penalty matrix for assessing fines and civil penalties.SEC. 2. Section 66641.6 of the Government Code is amended to read:66641.6. (a) The executive director of the commission may issue a complaint to any person or entity on whom administrative civil liability may be imposed pursuant to this article. The complaint shall allege the act or failure to act that constitutes a violation of law, the provision of law authorizing civil liability to be imposed pursuant to this title, and the proposed civil liability.(b) The complaint shall be served by personal notice or certified mail, and shall inform the party so served that a hearing shall be conducted within 60 days after the party has been served. The hearing shall be before the commission. The complainant may waive the right to a hearing, in which case the commission shall not conduct a hearing.(c) After any hearing, the commission may adopt, with or without revision, the proposed decision and order of the executive director.(d) Orders setting administrative civil liability shall become effective and final upon issuance thereof, and any payment shall be made within 30 days. Copies of these orders shall be served by personal service or by registered mail upon the party served with the complaint and upon other persons who appeared at the hearing and requested a copy.(e) Commencing with the 202223 fiscal year, the commission may record notices of violations on the titles of properties that are the subject of a final order setting administrative liability pursuant to subdivision (d).SEC. 3. Section 66647 of the Government Code is amended to read:66647. (a) There is in the State Treasury a Bay Fill Clean-up and Abatement Fund. All moneys from the following sources are to be paid into the fund:(1) All moneys appropriated by the Legislature for the fund.(2) All moneys contributed to the fund by any person or entity and accepted by the commission.(3) All moneys collected civilly under any proceeding brought pursuant to any provision of this chapter or Division 19 (commencing with Section 29000) of the Public Resources Code.(b) All moneys paid into the fund shall be available for expenditure by the commission or the executive director, when appropriated by the Legislature, for the purposes of removing fill, resource enhancement, or performing any other remedial cleanup or abatement actions within the commissions jurisdiction.(c) Commencing with the 202122 fiscal year, the commission shall not use moneys in the fund to pay for the commissions enforcement activities or the commissions staff salaries.SEC. 4. Section 29422 of the Public Resources Code is amended to read:29422. (a) The commission shall, from time to time, but by no later than July 1, 2021, and at least once every five years after certification, thereafter, review the certified local protection program, and each component thereof, to determine whether such program is being effectively implemented in conformity with the policies of this division. If the commission determines that the certified local protection program, or any component thereof, is not being carried out in conformity with this division or the protection plan, it shall submit to the affected local government or district, or the Solano County Local Agency Formation Commission if affected, recommendations of corrective actions that should be taken. Such recommendations may include recommended amendments to the local protection program or any component thereof.(b) Recommendations submitted pursuant to this section shall be reviewed by the affected local government or district, or the Solano County Local Agency Formation Commission if affected, and, if the recommended action is not taken, the local government, district, or the Solano County Local Agency Formation Commission shall, within one year of such submission, forward to the commission a report setting forth its reasons for not taking the recommended action. The commission shall review such report and, where appropriate, report to the Legislature and recommend legislative action necessary to assure effective implementation of the relevant policy of this division.
CALIFORNIA LEGISLATURE 20192020 REGULAR SESSION Assembly Bill No. 2809Introduced by Assembly Member Mullin(Coauthors: Assembly Members Berman and Waldron)(Coauthor: Senator Hill)February 20, 2020 An act to amend Sections 66641.6 and 66647 of, and to add Section 66640.1 to, the Government Code, and to amend Section 29422 of the Public Resources Code, relating to conservation. LEGISLATIVE COUNSEL'S DIGESTAB 2809, as introduced, Mullin. San Francisco Bay Conservation and Development Commission: Suisun Marsh Preservation Act of 1977.(1) Existing law sets forth a comprehensive plan for the conservation of the waters of the San Francisco Bay and the development of its shoreline and delegates to the San Francisco Bay Conservation and Development Commission authority to implement the plan. Existing law requires any person or governmental agency wishing to place fill, to extract materials, or to make any substantial change in the use of any water, land, or structure within the shoreline and body of the bay to, among other things, secure a permit from the commission, which has authority to impose permit conditions and civilly enforce permit requirements, as prescribed.This bill would require, by the end of the 202021 fiscal year, that the commission create and implement procedures to provide managerial review of staff decisions in enforcement cases, timelines for resolving enforcement cases, and a penalty matrix for assessing fines and civil penalties. The bill would, commencing with the 202223 fiscal year, authorize the commission to record notices of violation on the titles of properties that have been subject to enforcement actions, as specified. (2) Existing law, the Suisun Marsh Preservation Act of 1977, sets forth a comprehensive plan for the preservation and protection of the Suisun Marsh. The act delegates to the commission the primary state responsibility for the implementation of the act, including review at least once every 5 years, of a certified local protection program for Suisun Marsh, as prescribed. If the commission determines that the certified local protection program, or any component thereof, is not being carried out in conformity with the act, existing law requires the commission to submit recommendations of corrective actions to certain local government entities, as specified. Existing law requires the affected local government entities to review the commissions recommendations and, if they do not take the commissions recommended actions within one year, to forward to the commission a report setting forth reasons for not taking the recommended actions, which the commission must then review and, where appropriate, report to the Legislature, as prescribed.This bill would require the commission to perform and complete the required review of the local protection program by no later than July 1, 2021, and to perform successive reviews under the act every 5 years.(3) Existing law establishes in the State Treasury the Bay Fill Clean-up and Abatement Fund and makes all moneys paid into the fund available for expenditure by the commission or its executive director, when appropriated by the Legislature, for the purposes of removing fill, resource enhancement, or performing any other remedial cleanup or abatement actions within the commissions jurisdiction.This bill would prohibit the commission, commencing with the 202122 fiscal year, from using moneys paid into the fund to pay for the commissions staff salaries or enforcement actions.Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: YES Local Program: NO
CALIFORNIA LEGISLATURE 20192020 REGULAR SESSION
Assembly Bill
No. 2809
Introduced by Assembly Member Mullin(Coauthors: Assembly Members Berman and Waldron)(Coauthor: Senator Hill)February 20, 2020
Introduced by Assembly Member Mullin(Coauthors: Assembly Members Berman and Waldron)(Coauthor: Senator Hill)
February 20, 2020
An act to amend Sections 66641.6 and 66647 of, and to add Section 66640.1 to, the Government Code, and to amend Section 29422 of the Public Resources Code, relating to conservation.
LEGISLATIVE COUNSEL'S DIGEST
## LEGISLATIVE COUNSEL'S DIGEST
AB 2809, as introduced, Mullin. San Francisco Bay Conservation and Development Commission: Suisun Marsh Preservation Act of 1977.
(1) Existing law sets forth a comprehensive plan for the conservation of the waters of the San Francisco Bay and the development of its shoreline and delegates to the San Francisco Bay Conservation and Development Commission authority to implement the plan. Existing law requires any person or governmental agency wishing to place fill, to extract materials, or to make any substantial change in the use of any water, land, or structure within the shoreline and body of the bay to, among other things, secure a permit from the commission, which has authority to impose permit conditions and civilly enforce permit requirements, as prescribed.This bill would require, by the end of the 202021 fiscal year, that the commission create and implement procedures to provide managerial review of staff decisions in enforcement cases, timelines for resolving enforcement cases, and a penalty matrix for assessing fines and civil penalties. The bill would, commencing with the 202223 fiscal year, authorize the commission to record notices of violation on the titles of properties that have been subject to enforcement actions, as specified. (2) Existing law, the Suisun Marsh Preservation Act of 1977, sets forth a comprehensive plan for the preservation and protection of the Suisun Marsh. The act delegates to the commission the primary state responsibility for the implementation of the act, including review at least once every 5 years, of a certified local protection program for Suisun Marsh, as prescribed. If the commission determines that the certified local protection program, or any component thereof, is not being carried out in conformity with the act, existing law requires the commission to submit recommendations of corrective actions to certain local government entities, as specified. Existing law requires the affected local government entities to review the commissions recommendations and, if they do not take the commissions recommended actions within one year, to forward to the commission a report setting forth reasons for not taking the recommended actions, which the commission must then review and, where appropriate, report to the Legislature, as prescribed.This bill would require the commission to perform and complete the required review of the local protection program by no later than July 1, 2021, and to perform successive reviews under the act every 5 years.(3) Existing law establishes in the State Treasury the Bay Fill Clean-up and Abatement Fund and makes all moneys paid into the fund available for expenditure by the commission or its executive director, when appropriated by the Legislature, for the purposes of removing fill, resource enhancement, or performing any other remedial cleanup or abatement actions within the commissions jurisdiction.This bill would prohibit the commission, commencing with the 202122 fiscal year, from using moneys paid into the fund to pay for the commissions staff salaries or enforcement actions.
(1) Existing law sets forth a comprehensive plan for the conservation of the waters of the San Francisco Bay and the development of its shoreline and delegates to the San Francisco Bay Conservation and Development Commission authority to implement the plan. Existing law requires any person or governmental agency wishing to place fill, to extract materials, or to make any substantial change in the use of any water, land, or structure within the shoreline and body of the bay to, among other things, secure a permit from the commission, which has authority to impose permit conditions and civilly enforce permit requirements, as prescribed.
This bill would require, by the end of the 202021 fiscal year, that the commission create and implement procedures to provide managerial review of staff decisions in enforcement cases, timelines for resolving enforcement cases, and a penalty matrix for assessing fines and civil penalties. The bill would, commencing with the 202223 fiscal year, authorize the commission to record notices of violation on the titles of properties that have been subject to enforcement actions, as specified.
(2) Existing law, the Suisun Marsh Preservation Act of 1977, sets forth a comprehensive plan for the preservation and protection of the Suisun Marsh. The act delegates to the commission the primary state responsibility for the implementation of the act, including review at least once every 5 years, of a certified local protection program for Suisun Marsh, as prescribed. If the commission determines that the certified local protection program, or any component thereof, is not being carried out in conformity with the act, existing law requires the commission to submit recommendations of corrective actions to certain local government entities, as specified. Existing law requires the affected local government entities to review the commissions recommendations and, if they do not take the commissions recommended actions within one year, to forward to the commission a report setting forth reasons for not taking the recommended actions, which the commission must then review and, where appropriate, report to the Legislature, as prescribed.
This bill would require the commission to perform and complete the required review of the local protection program by no later than July 1, 2021, and to perform successive reviews under the act every 5 years.
(3) Existing law establishes in the State Treasury the Bay Fill Clean-up and Abatement Fund and makes all moneys paid into the fund available for expenditure by the commission or its executive director, when appropriated by the Legislature, for the purposes of removing fill, resource enhancement, or performing any other remedial cleanup or abatement actions within the commissions jurisdiction.
This bill would prohibit the commission, commencing with the 202122 fiscal year, from using moneys paid into the fund to pay for the commissions staff salaries or enforcement actions.
## Digest Key
## Bill Text
The people of the State of California do enact as follows:SECTION 1. Section 66640.1 is added to the Government Code, to read:66640.1. The commission shall create and implement all of the following by the end of the 202021 fiscal year:(a) A procedure to ensure that managers perform a documented review of staff decisions in enforcement cases.(b) Timelines for resolving enforcement cases.(c) A penalty matrix for assessing fines and civil penalties.SEC. 2. Section 66641.6 of the Government Code is amended to read:66641.6. (a) The executive director of the commission may issue a complaint to any person or entity on whom administrative civil liability may be imposed pursuant to this article. The complaint shall allege the act or failure to act that constitutes a violation of law, the provision of law authorizing civil liability to be imposed pursuant to this title, and the proposed civil liability.(b) The complaint shall be served by personal notice or certified mail, and shall inform the party so served that a hearing shall be conducted within 60 days after the party has been served. The hearing shall be before the commission. The complainant may waive the right to a hearing, in which case the commission shall not conduct a hearing.(c) After any hearing, the commission may adopt, with or without revision, the proposed decision and order of the executive director.(d) Orders setting administrative civil liability shall become effective and final upon issuance thereof, and any payment shall be made within 30 days. Copies of these orders shall be served by personal service or by registered mail upon the party served with the complaint and upon other persons who appeared at the hearing and requested a copy.(e) Commencing with the 202223 fiscal year, the commission may record notices of violations on the titles of properties that are the subject of a final order setting administrative liability pursuant to subdivision (d).SEC. 3. Section 66647 of the Government Code is amended to read:66647. (a) There is in the State Treasury a Bay Fill Clean-up and Abatement Fund. All moneys from the following sources are to be paid into the fund:(1) All moneys appropriated by the Legislature for the fund.(2) All moneys contributed to the fund by any person or entity and accepted by the commission.(3) All moneys collected civilly under any proceeding brought pursuant to any provision of this chapter or Division 19 (commencing with Section 29000) of the Public Resources Code.(b) All moneys paid into the fund shall be available for expenditure by the commission or the executive director, when appropriated by the Legislature, for the purposes of removing fill, resource enhancement, or performing any other remedial cleanup or abatement actions within the commissions jurisdiction.(c) Commencing with the 202122 fiscal year, the commission shall not use moneys in the fund to pay for the commissions enforcement activities or the commissions staff salaries.SEC. 4. Section 29422 of the Public Resources Code is amended to read:29422. (a) The commission shall, from time to time, but by no later than July 1, 2021, and at least once every five years after certification, thereafter, review the certified local protection program, and each component thereof, to determine whether such program is being effectively implemented in conformity with the policies of this division. If the commission determines that the certified local protection program, or any component thereof, is not being carried out in conformity with this division or the protection plan, it shall submit to the affected local government or district, or the Solano County Local Agency Formation Commission if affected, recommendations of corrective actions that should be taken. Such recommendations may include recommended amendments to the local protection program or any component thereof.(b) Recommendations submitted pursuant to this section shall be reviewed by the affected local government or district, or the Solano County Local Agency Formation Commission if affected, and, if the recommended action is not taken, the local government, district, or the Solano County Local Agency Formation Commission shall, within one year of such submission, forward to the commission a report setting forth its reasons for not taking the recommended action. The commission shall review such report and, where appropriate, report to the Legislature and recommend legislative action necessary to assure effective implementation of the relevant policy of this division.
The people of the State of California do enact as follows:
## The people of the State of California do enact as follows:
SECTION 1. Section 66640.1 is added to the Government Code, to read:66640.1. The commission shall create and implement all of the following by the end of the 202021 fiscal year:(a) A procedure to ensure that managers perform a documented review of staff decisions in enforcement cases.(b) Timelines for resolving enforcement cases.(c) A penalty matrix for assessing fines and civil penalties.
SECTION 1. Section 66640.1 is added to the Government Code, to read:
### SECTION 1.
66640.1. The commission shall create and implement all of the following by the end of the 202021 fiscal year:(a) A procedure to ensure that managers perform a documented review of staff decisions in enforcement cases.(b) Timelines for resolving enforcement cases.(c) A penalty matrix for assessing fines and civil penalties.
66640.1. The commission shall create and implement all of the following by the end of the 202021 fiscal year:(a) A procedure to ensure that managers perform a documented review of staff decisions in enforcement cases.(b) Timelines for resolving enforcement cases.(c) A penalty matrix for assessing fines and civil penalties.
66640.1. The commission shall create and implement all of the following by the end of the 202021 fiscal year:(a) A procedure to ensure that managers perform a documented review of staff decisions in enforcement cases.(b) Timelines for resolving enforcement cases.(c) A penalty matrix for assessing fines and civil penalties.
66640.1. The commission shall create and implement all of the following by the end of the 202021 fiscal year:
(a) A procedure to ensure that managers perform a documented review of staff decisions in enforcement cases.
(b) Timelines for resolving enforcement cases.
(c) A penalty matrix for assessing fines and civil penalties.
SEC. 2. Section 66641.6 of the Government Code is amended to read:66641.6. (a) The executive director of the commission may issue a complaint to any person or entity on whom administrative civil liability may be imposed pursuant to this article. The complaint shall allege the act or failure to act that constitutes a violation of law, the provision of law authorizing civil liability to be imposed pursuant to this title, and the proposed civil liability.(b) The complaint shall be served by personal notice or certified mail, and shall inform the party so served that a hearing shall be conducted within 60 days after the party has been served. The hearing shall be before the commission. The complainant may waive the right to a hearing, in which case the commission shall not conduct a hearing.(c) After any hearing, the commission may adopt, with or without revision, the proposed decision and order of the executive director.(d) Orders setting administrative civil liability shall become effective and final upon issuance thereof, and any payment shall be made within 30 days. Copies of these orders shall be served by personal service or by registered mail upon the party served with the complaint and upon other persons who appeared at the hearing and requested a copy.(e) Commencing with the 202223 fiscal year, the commission may record notices of violations on the titles of properties that are the subject of a final order setting administrative liability pursuant to subdivision (d).
SEC. 2. Section 66641.6 of the Government Code is amended to read:
### SEC. 2.
66641.6. (a) The executive director of the commission may issue a complaint to any person or entity on whom administrative civil liability may be imposed pursuant to this article. The complaint shall allege the act or failure to act that constitutes a violation of law, the provision of law authorizing civil liability to be imposed pursuant to this title, and the proposed civil liability.(b) The complaint shall be served by personal notice or certified mail, and shall inform the party so served that a hearing shall be conducted within 60 days after the party has been served. The hearing shall be before the commission. The complainant may waive the right to a hearing, in which case the commission shall not conduct a hearing.(c) After any hearing, the commission may adopt, with or without revision, the proposed decision and order of the executive director.(d) Orders setting administrative civil liability shall become effective and final upon issuance thereof, and any payment shall be made within 30 days. Copies of these orders shall be served by personal service or by registered mail upon the party served with the complaint and upon other persons who appeared at the hearing and requested a copy.(e) Commencing with the 202223 fiscal year, the commission may record notices of violations on the titles of properties that are the subject of a final order setting administrative liability pursuant to subdivision (d).
66641.6. (a) The executive director of the commission may issue a complaint to any person or entity on whom administrative civil liability may be imposed pursuant to this article. The complaint shall allege the act or failure to act that constitutes a violation of law, the provision of law authorizing civil liability to be imposed pursuant to this title, and the proposed civil liability.(b) The complaint shall be served by personal notice or certified mail, and shall inform the party so served that a hearing shall be conducted within 60 days after the party has been served. The hearing shall be before the commission. The complainant may waive the right to a hearing, in which case the commission shall not conduct a hearing.(c) After any hearing, the commission may adopt, with or without revision, the proposed decision and order of the executive director.(d) Orders setting administrative civil liability shall become effective and final upon issuance thereof, and any payment shall be made within 30 days. Copies of these orders shall be served by personal service or by registered mail upon the party served with the complaint and upon other persons who appeared at the hearing and requested a copy.(e) Commencing with the 202223 fiscal year, the commission may record notices of violations on the titles of properties that are the subject of a final order setting administrative liability pursuant to subdivision (d).
66641.6. (a) The executive director of the commission may issue a complaint to any person or entity on whom administrative civil liability may be imposed pursuant to this article. The complaint shall allege the act or failure to act that constitutes a violation of law, the provision of law authorizing civil liability to be imposed pursuant to this title, and the proposed civil liability.(b) The complaint shall be served by personal notice or certified mail, and shall inform the party so served that a hearing shall be conducted within 60 days after the party has been served. The hearing shall be before the commission. The complainant may waive the right to a hearing, in which case the commission shall not conduct a hearing.(c) After any hearing, the commission may adopt, with or without revision, the proposed decision and order of the executive director.(d) Orders setting administrative civil liability shall become effective and final upon issuance thereof, and any payment shall be made within 30 days. Copies of these orders shall be served by personal service or by registered mail upon the party served with the complaint and upon other persons who appeared at the hearing and requested a copy.(e) Commencing with the 202223 fiscal year, the commission may record notices of violations on the titles of properties that are the subject of a final order setting administrative liability pursuant to subdivision (d).
66641.6. (a) The executive director of the commission may issue a complaint to any person or entity on whom administrative civil liability may be imposed pursuant to this article. The complaint shall allege the act or failure to act that constitutes a violation of law, the provision of law authorizing civil liability to be imposed pursuant to this title, and the proposed civil liability.
(b) The complaint shall be served by personal notice or certified mail, and shall inform the party so served that a hearing shall be conducted within 60 days after the party has been served. The hearing shall be before the commission. The complainant may waive the right to a hearing, in which case the commission shall not conduct a hearing.
(c) After any hearing, the commission may adopt, with or without revision, the proposed decision and order of the executive director.
(d) Orders setting administrative civil liability shall become effective and final upon issuance thereof, and any payment shall be made within 30 days. Copies of these orders shall be served by personal service or by registered mail upon the party served with the complaint and upon other persons who appeared at the hearing and requested a copy.
(e) Commencing with the 202223 fiscal year, the commission may record notices of violations on the titles of properties that are the subject of a final order setting administrative liability pursuant to subdivision (d).
SEC. 3. Section 66647 of the Government Code is amended to read:66647. (a) There is in the State Treasury a Bay Fill Clean-up and Abatement Fund. All moneys from the following sources are to be paid into the fund:(1) All moneys appropriated by the Legislature for the fund.(2) All moneys contributed to the fund by any person or entity and accepted by the commission.(3) All moneys collected civilly under any proceeding brought pursuant to any provision of this chapter or Division 19 (commencing with Section 29000) of the Public Resources Code.(b) All moneys paid into the fund shall be available for expenditure by the commission or the executive director, when appropriated by the Legislature, for the purposes of removing fill, resource enhancement, or performing any other remedial cleanup or abatement actions within the commissions jurisdiction.(c) Commencing with the 202122 fiscal year, the commission shall not use moneys in the fund to pay for the commissions enforcement activities or the commissions staff salaries.
SEC. 3. Section 66647 of the Government Code is amended to read:
### SEC. 3.
66647. (a) There is in the State Treasury a Bay Fill Clean-up and Abatement Fund. All moneys from the following sources are to be paid into the fund:(1) All moneys appropriated by the Legislature for the fund.(2) All moneys contributed to the fund by any person or entity and accepted by the commission.(3) All moneys collected civilly under any proceeding brought pursuant to any provision of this chapter or Division 19 (commencing with Section 29000) of the Public Resources Code.(b) All moneys paid into the fund shall be available for expenditure by the commission or the executive director, when appropriated by the Legislature, for the purposes of removing fill, resource enhancement, or performing any other remedial cleanup or abatement actions within the commissions jurisdiction.(c) Commencing with the 202122 fiscal year, the commission shall not use moneys in the fund to pay for the commissions enforcement activities or the commissions staff salaries.
66647. (a) There is in the State Treasury a Bay Fill Clean-up and Abatement Fund. All moneys from the following sources are to be paid into the fund:(1) All moneys appropriated by the Legislature for the fund.(2) All moneys contributed to the fund by any person or entity and accepted by the commission.(3) All moneys collected civilly under any proceeding brought pursuant to any provision of this chapter or Division 19 (commencing with Section 29000) of the Public Resources Code.(b) All moneys paid into the fund shall be available for expenditure by the commission or the executive director, when appropriated by the Legislature, for the purposes of removing fill, resource enhancement, or performing any other remedial cleanup or abatement actions within the commissions jurisdiction.(c) Commencing with the 202122 fiscal year, the commission shall not use moneys in the fund to pay for the commissions enforcement activities or the commissions staff salaries.
66647. (a) There is in the State Treasury a Bay Fill Clean-up and Abatement Fund. All moneys from the following sources are to be paid into the fund:(1) All moneys appropriated by the Legislature for the fund.(2) All moneys contributed to the fund by any person or entity and accepted by the commission.(3) All moneys collected civilly under any proceeding brought pursuant to any provision of this chapter or Division 19 (commencing with Section 29000) of the Public Resources Code.(b) All moneys paid into the fund shall be available for expenditure by the commission or the executive director, when appropriated by the Legislature, for the purposes of removing fill, resource enhancement, or performing any other remedial cleanup or abatement actions within the commissions jurisdiction.(c) Commencing with the 202122 fiscal year, the commission shall not use moneys in the fund to pay for the commissions enforcement activities or the commissions staff salaries.
66647. (a) There is in the State Treasury a Bay Fill Clean-up and Abatement Fund. All moneys from the following sources are to be paid into the fund:
(1) All moneys appropriated by the Legislature for the fund.
(2) All moneys contributed to the fund by any person or entity and accepted by the commission.
(3) All moneys collected civilly under any proceeding brought pursuant to any provision of this chapter or Division 19 (commencing with Section 29000) of the Public Resources Code.
(b) All moneys paid into the fund shall be available for expenditure by the commission or the executive director, when appropriated by the Legislature, for the purposes of removing fill, resource enhancement, or performing any other remedial cleanup or abatement actions within the commissions jurisdiction.
(c) Commencing with the 202122 fiscal year, the commission shall not use moneys in the fund to pay for the commissions enforcement activities or the commissions staff salaries.
SEC. 4. Section 29422 of the Public Resources Code is amended to read:29422. (a) The commission shall, from time to time, but by no later than July 1, 2021, and at least once every five years after certification, thereafter, review the certified local protection program, and each component thereof, to determine whether such program is being effectively implemented in conformity with the policies of this division. If the commission determines that the certified local protection program, or any component thereof, is not being carried out in conformity with this division or the protection plan, it shall submit to the affected local government or district, or the Solano County Local Agency Formation Commission if affected, recommendations of corrective actions that should be taken. Such recommendations may include recommended amendments to the local protection program or any component thereof.(b) Recommendations submitted pursuant to this section shall be reviewed by the affected local government or district, or the Solano County Local Agency Formation Commission if affected, and, if the recommended action is not taken, the local government, district, or the Solano County Local Agency Formation Commission shall, within one year of such submission, forward to the commission a report setting forth its reasons for not taking the recommended action. The commission shall review such report and, where appropriate, report to the Legislature and recommend legislative action necessary to assure effective implementation of the relevant policy of this division.
SEC. 4. Section 29422 of the Public Resources Code is amended to read:
### SEC. 4.
29422. (a) The commission shall, from time to time, but by no later than July 1, 2021, and at least once every five years after certification, thereafter, review the certified local protection program, and each component thereof, to determine whether such program is being effectively implemented in conformity with the policies of this division. If the commission determines that the certified local protection program, or any component thereof, is not being carried out in conformity with this division or the protection plan, it shall submit to the affected local government or district, or the Solano County Local Agency Formation Commission if affected, recommendations of corrective actions that should be taken. Such recommendations may include recommended amendments to the local protection program or any component thereof.(b) Recommendations submitted pursuant to this section shall be reviewed by the affected local government or district, or the Solano County Local Agency Formation Commission if affected, and, if the recommended action is not taken, the local government, district, or the Solano County Local Agency Formation Commission shall, within one year of such submission, forward to the commission a report setting forth its reasons for not taking the recommended action. The commission shall review such report and, where appropriate, report to the Legislature and recommend legislative action necessary to assure effective implementation of the relevant policy of this division.
29422. (a) The commission shall, from time to time, but by no later than July 1, 2021, and at least once every five years after certification, thereafter, review the certified local protection program, and each component thereof, to determine whether such program is being effectively implemented in conformity with the policies of this division. If the commission determines that the certified local protection program, or any component thereof, is not being carried out in conformity with this division or the protection plan, it shall submit to the affected local government or district, or the Solano County Local Agency Formation Commission if affected, recommendations of corrective actions that should be taken. Such recommendations may include recommended amendments to the local protection program or any component thereof.(b) Recommendations submitted pursuant to this section shall be reviewed by the affected local government or district, or the Solano County Local Agency Formation Commission if affected, and, if the recommended action is not taken, the local government, district, or the Solano County Local Agency Formation Commission shall, within one year of such submission, forward to the commission a report setting forth its reasons for not taking the recommended action. The commission shall review such report and, where appropriate, report to the Legislature and recommend legislative action necessary to assure effective implementation of the relevant policy of this division.
29422. (a) The commission shall, from time to time, but by no later than July 1, 2021, and at least once every five years after certification, thereafter, review the certified local protection program, and each component thereof, to determine whether such program is being effectively implemented in conformity with the policies of this division. If the commission determines that the certified local protection program, or any component thereof, is not being carried out in conformity with this division or the protection plan, it shall submit to the affected local government or district, or the Solano County Local Agency Formation Commission if affected, recommendations of corrective actions that should be taken. Such recommendations may include recommended amendments to the local protection program or any component thereof.(b) Recommendations submitted pursuant to this section shall be reviewed by the affected local government or district, or the Solano County Local Agency Formation Commission if affected, and, if the recommended action is not taken, the local government, district, or the Solano County Local Agency Formation Commission shall, within one year of such submission, forward to the commission a report setting forth its reasons for not taking the recommended action. The commission shall review such report and, where appropriate, report to the Legislature and recommend legislative action necessary to assure effective implementation of the relevant policy of this division.
29422. (a) The commission shall, from time to time, but by no later than July 1, 2021, and at least once every five years after certification, thereafter, review the certified local protection program, and each component thereof, to determine whether such program is being effectively implemented in conformity with the policies of this division. If the commission determines that the certified local protection program, or any component thereof, is not being carried out in conformity with this division or the protection plan, it shall submit to the affected local government or district, or the Solano County Local Agency Formation Commission if affected, recommendations of corrective actions that should be taken. Such recommendations may include recommended amendments to the local protection program or any component thereof.
(b) Recommendations submitted pursuant to this section shall be reviewed by the affected local government or district, or the Solano County Local Agency Formation Commission if affected, and, if the recommended action is not taken, the local government, district, or the Solano County Local Agency Formation Commission shall, within one year of such submission, forward to the commission a report setting forth its reasons for not taking the recommended action. The commission shall review such report and, where appropriate, report to the Legislature and recommend legislative action necessary to assure effective implementation of the relevant policy of this division.