California 2019-2020 Regular Session

California Senate Bill SB205 Compare Versions

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1-Senate Bill No. 205 CHAPTER 470 An act to add Sections 16000.3 and 16100.3 to the Business and Professions Code, and to add Section 13383.10 to the Water Code, relating to business. [ Approved by Governor October 02, 2019. Filed with Secretary of State October 02, 2019. ] LEGISLATIVE COUNSEL'S DIGESTSB 205, Hertzberg. Business licenses: stormwater discharge compliance.Existing law authorizes the legislative body of an incorporated city and the county board of supervisors, in the exercise of its police power, to license any kind of business not prohibited by law that is transacted and carried on within its jurisdiction, and to impose license fees. Existing law imposes various requirements on cities and counties prior to issuing specified business licenses, including verifying that a person applying for a business license to conduct business as a contractor is licensed by the Contractors State License Board.Under existing law, the State Water Resources Control Board and the California regional water quality control boards prescribe waste discharge requirements for the discharge of stormwater by municipalities and industries in accordance with the National Pollutant Discharge Elimination System (NPDES) permit program and the Porter-Cologne Water Quality Control Act. Existing law requires regulated municipalities and industries to obtain a stormwater permit.This bill would require, when applying to a city or a county for an initial business license or business license renewal, a person who conducts a business operation that is a regulated industry to demonstrate enrollment with the NPDES permit program by providing specified information, under penalty of perjury, on the application, including, among other things, the Standard Industrial Classification Code for the business. The bill would apply to all applications for initial business licenses and business license renewals submitted on and after January 1, 2020. The bill would permit a city or county to develop a provisional license procedure for business license renewals that provides businesses 3 months to comply with these provisions. By requiring that the information be submitted under penalty of perjury, this bill would expand the crime of perjury and impose a state-mandated local program.This bill would require the city or county to determine, as specified, the applicability of any Standard Industrial Classification Code and, if applicable, to confirm that the information submitted to demonstrate enrollment corresponds to the business requesting the initial business license or business license renewal, and would require the city or county to transfer that information to the State Water Resources Control Board upon request, thereby imposing a state-mandated local program. The bill would require the State Water Resources Control Board, on or before April 1, 2020, to post on its internet website a list of applicable Standard Industrial Classification Codes for the purpose of the determinations made by cities or counties, and would require the state board to update that list, as specified.This bill would also find and declare that the provisions of the bill address the health and safety of drinking water sources throughout the state, a matter of statewide concern, and that these provisions therefore apply to charter cities, charter counties, and charter cities and counties. The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.This bill would provide that no reimbursement is required by this act for specified reasons.Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: YES Local Program: YES Bill TextThe people of the State of California do enact as follows:SECTION 1. The Legislature finds and declares that the provisions of this measure address the health and safety of drinking water sources throughout the state, a matter of statewide concern, and that these provisions therefore apply to charter cities, charter counties, and charter cities and counties. SEC. 2. Section 16000.3 is added to the Business and Professions Code, to read:16000.3. (a) When applying to a city for an initial business license or business license renewal, a person who conducts a business operation that is a regulated industry, as defined in Section 13383.5 of the Water Code, shall demonstrate enrollment with the National Pollutant Discharge Elimination System (NPDES) permit program by providing all of the following information, under penalty of perjury, on the initial business license or business license renewal application:(1) The name and location of facilities operated by the person of that business.(2) All primary Standard Industrial Classification Codes, as defined in Section 25244.14 of the Health and Safety Code, for the business.(3) Any of the following for each facility operated by the person of that business:(A) The stormwater permit number, known as the Waste Discharger Identification number (WDID), issued for the facility by the State Water Resources Control Board.(B) The WDID application number issued for the facility by the State Water Resources Control Board.(C) The notice of nonapplicability identification number (NONA) issued for the facility by the State Water Resources Control Board.(D) The no exposure certification identification number (NEC) issued for the facility by the State Water Resources Control Board. (b) Prior to the issuance or renewal of the business license, the city shall determine whether any of the primary Standard Industrial Classification Codes are applicable to a General Permit for Storm Water Discharges Associated with Industrial Activities Excluding Construction Activities, as referenced in Section 13383.5 of the Water Code, and if applicable, the city shall confirm that the WDID, WDID application number, NONA, or NEC corresponds to the business requesting the initial business license or business license renewal. To determine whether any of the primary Standard Industrial Classification Codes are applicable to a General Permit for Storm Water Discharges Associated with Industrial Activities Excluding Construction Activities, as referenced in Section 13383.5 of the Water Code, the city may use information provided by the State Water Resources Control Board, including information posted pursuant to Section 13383.10 of the Water Code for these purposes. To confirm the WDID, WDID application number, NONA, or NEC, the city shall only need to keep record of the applicable documentation.(c) The city shall transfer compliance information received in subdivision (a) to the State Water Resources Control Board as requested by the board.(d) For business license renewals, a city may develop a provisional license procedure that provides businesses three months to comply with the requirements of this section. (e) City includes a charter city and a charter city and county.(f) This section shall apply to applications for initial business licenses and business license renewals submitted on and after January 1, 2020.(g) This section shall not apply to a city that does not have an application process for issuing or renewing business licenses or does not issue or renew business licenses.(h) This section shall not be construed to impose any additional liability on a city under the National Pollutant Discharge Elimination System permit program for nonenrollment under a General Permit for Storm Water Discharges Associated with Industrial Activities Excluding Construction Activities by a person who conducts a business operation that is a regulated industry, as defined in Section 13383.5 of the Water Code.SEC. 3. Section 16100.3 is added to the Business and Professions Code, to read:16100.3. (a) When applying to a county for an initial business license or business license renewal, a person who conducts a business operation that is a regulated industry, as defined in Section 13383.5 of the Water Code, shall demonstrate enrollment with the National Pollutant Discharge Elimination System (NPDES) permit program by providing all of the following information, under penalty of perjury, on the initial business license or business license renewal application:(1) The name and location of facilities operated by the person of that business.(2) All primary Standard Industrial Classification Codes, as defined in Section 25244.14 of the Health and Safety Code, for the business.(3) Any of the following for each facility operated by the person of that business:(A) The stormwater permit number, known as the Waste Discharger Identification number (WDID), issued for the facility by the State Water Resources Control Board.(B) The WDID application number issued for the facility by the State Water Resources Control Board.(C) The notice of nonapplicability identification number (NONA) issued for the facility by the State Water Resources Control Board.(D) The no exposure certification identification number (NEC) issued for the facility by the State Water Resources Control Board.(b) Prior to the issuance or renewal of the business license, the county shall determine whether any of the primary Standard Industrial Classification Codes are applicable to a General Permit for Storm Water Discharges Associated with Industrial Activities Excluding Construction Activities, as referenced in Section 13383.5 of the Water Code, and if applicable, the county shall confirm that the WDID, WDID application number, NONA, or NEC corresponds to the business requesting the initial business license or business license renewal. To determine whether any of the primary Standard Industrial Classification Codes are applicable to a General Permit for Storm Water Discharges Associated with Industrial Activities Excluding Construction Activities, as referenced in Section 13383.5 of the Water Code, the county may use information provided by the State Water Resources Control Board, including information posted pursuant to Section 13383.10 of the Water Code for these purposes. To confirm the WDID, WDID application number, NONA, or NEC, the county shall only need to keep record of the applicable documentation.(c) The county shall transfer compliance information received in subdivision (a) to the State Water Resources Control Board as requested by the board.(d) For business license renewals, a county may develop a provisional license procedure that provides businesses three months to comply with the requirements of this section. (e) County includes a charter county and a charter city and county.(f) This section shall apply to applications for initial business licenses and business license renewals submitted on and after January 1, 2020.(g) This section shall not apply to a county that does not have an application process for issuing or renewing business licenses or does not issue or renew business licenses.(h) This section shall not be construed to impose any additional liability on a county under the National Pollutant Discharge Elimination System permit program for nonenrollment under a General Permit for Storm Water Discharges Associated with Industrial Activities Excluding Construction Activities by a person who conducts a business operation that is a regulated industry, as defined in Section 13383.5 of the Water Code.SEC. 4. Section 13383.10 is added to the Water Code, to read:13383.10. On or before April 1, 2020, the state board shall post on its internet website, for the purpose of the determinations made by the city pursuant to Section 16000.3 of the Business and Professions Code and a county pursuant to Section 16100.3 of the Business and Professions Code, a list of all Standard Industrial Classification codes applicable to a General Permit for Stormwater Discharges Associated with Industrial Activities Excluding Construction Activities, as referenced in Section 13383.5, and known as the Industrial General Permit. The state board shall update that list on its internet website within 90 days of any final updates by the United States Department of Labor or the United States Environmental Protection Agency.SEC. 5. No reimbursement is required by this act pursuant to Section 6 of Article XIIIB of the California Constitution because a local agency or school district has the authority to levy service charges, fees, or assessments sufficient to pay for the program or level of service mandated by this act or because costs that may be incurred by a local agency or school district will be incurred because this act creates a new crime or infraction, eliminates a crime or infraction, or changes 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 XIIIB of the California Constitution.
1+Enrolled September 13, 2019 Passed IN Senate September 11, 2019 Passed IN Assembly September 09, 2019 Amended IN Assembly August 12, 2019 Amended IN Assembly July 01, 2019 Amended IN Senate May 17, 2019 Amended IN Senate March 21, 2019 CALIFORNIA LEGISLATURE 20192020 REGULAR SESSION Senate Bill No. 205Introduced by Senator HertzbergFebruary 04, 2019 An act to add Sections 16000.3 and 16100.3 to the Business and Professions Code, and to add Section 13383.10 to the Water Code, relating to business. LEGISLATIVE COUNSEL'S DIGESTSB 205, Hertzberg. Business licenses: stormwater discharge compliance.Existing law authorizes the legislative body of an incorporated city and the county board of supervisors, in the exercise of its police power, to license any kind of business not prohibited by law that is transacted and carried on within its jurisdiction, and to impose license fees. Existing law imposes various requirements on cities and counties prior to issuing specified business licenses, including verifying that a person applying for a business license to conduct business as a contractor is licensed by the Contractors State License Board.Under existing law, the State Water Resources Control Board and the California regional water quality control boards prescribe waste discharge requirements for the discharge of stormwater by municipalities and industries in accordance with the National Pollutant Discharge Elimination System (NPDES) permit program and the Porter-Cologne Water Quality Control Act. Existing law requires regulated municipalities and industries to obtain a stormwater permit.This bill would require, when applying to a city or a county for an initial business license or business license renewal, a person who conducts a business operation that is a regulated industry to demonstrate enrollment with the NPDES permit program by providing specified information, under penalty of perjury, on the application, including, among other things, the Standard Industrial Classification Code for the business. The bill would apply to all applications for initial business licenses and business license renewals submitted on and after January 1, 2020. The bill would permit a city or county to develop a provisional license procedure for business license renewals that provides businesses 3 months to comply with these provisions. By requiring that the information be submitted under penalty of perjury, this bill would expand the crime of perjury and impose a state-mandated local program.This bill would require the city or county to determine, as specified, the applicability of any Standard Industrial Classification Code and, if applicable, to confirm that the information submitted to demonstrate enrollment corresponds to the business requesting the initial business license or business license renewal, and would require the city or county to transfer that information to the State Water Resources Control Board upon request, thereby imposing a state-mandated local program. The bill would require the State Water Resources Control Board, on or before April 1, 2020, to post on its internet website a list of applicable Standard Industrial Classification Codes for the purpose of the determinations made by cities or counties, and would require the state board to update that list, as specified.This bill would also find and declare that the provisions of the bill address the health and safety of drinking water sources throughout the state, a matter of statewide concern, and that these provisions therefore apply to charter cities, charter counties, and charter cities and counties. The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.This bill would provide that no reimbursement is required by this act for specified reasons.Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: YES Local Program: YES Bill TextThe people of the State of California do enact as follows:SECTION 1. The Legislature finds and declares that the provisions of this measure address the health and safety of drinking water sources throughout the state, a matter of statewide concern, and that these provisions therefore apply to charter cities, charter counties, and charter cities and counties. SEC. 2. Section 16000.3 is added to the Business and Professions Code, to read:16000.3. (a) When applying to a city for an initial business license or business license renewal, a person who conducts a business operation that is a regulated industry, as defined in Section 13383.5 of the Water Code, shall demonstrate enrollment with the National Pollutant Discharge Elimination System (NPDES) permit program by providing all of the following information, under penalty of perjury, on the initial business license or business license renewal application:(1) The name and location of facilities operated by the person of that business.(2) All primary Standard Industrial Classification Codes, as defined in Section 25244.14 of the Health and Safety Code, for the business.(3) Any of the following for each facility operated by the person of that business:(A) The stormwater permit number, known as the Waste Discharger Identification number (WDID), issued for the facility by the State Water Resources Control Board.(B) The WDID application number issued for the facility by the State Water Resources Control Board.(C) The notice of nonapplicability identification number (NONA) issued for the facility by the State Water Resources Control Board.(D) The no exposure certification identification number (NEC) issued for the facility by the State Water Resources Control Board. (b) Prior to the issuance or renewal of the business license, the city shall determine whether any of the primary Standard Industrial Classification Codes are applicable to a General Permit for Storm Water Discharges Associated with Industrial Activities Excluding Construction Activities, as referenced in Section 13383.5 of the Water Code, and if applicable, the city shall confirm that the WDID, WDID application number, NONA, or NEC corresponds to the business requesting the initial business license or business license renewal. To determine whether any of the primary Standard Industrial Classification Codes are applicable to a General Permit for Storm Water Discharges Associated with Industrial Activities Excluding Construction Activities, as referenced in Section 13383.5 of the Water Code, the city may use information provided by the State Water Resources Control Board, including information posted pursuant to Section 13383.10 of the Water Code for these purposes. To confirm the WDID, WDID application number, NONA, or NEC, the city shall only need to keep record of the applicable documentation.(c) The city shall transfer compliance information received in subdivision (a) to the State Water Resources Control Board as requested by the board.(d) For business license renewals, a city may develop a provisional license procedure that provides businesses three months to comply with the requirements of this section. (e) City includes a charter city and a charter city and county.(f) This section shall apply to applications for initial business licenses and business license renewals submitted on and after January 1, 2020.(g) This section shall not apply to a city that does not have an application process for issuing or renewing business licenses or does not issue or renew business licenses.(h) This section shall not be construed to impose any additional liability on a city under the National Pollutant Discharge Elimination System permit program for nonenrollment under a General Permit for Storm Water Discharges Associated with Industrial Activities Excluding Construction Activities by a person who conducts a business operation that is a regulated industry, as defined in Section 13383.5 of the Water Code.SEC. 3. Section 16100.3 is added to the Business and Professions Code, to read:16100.3. (a) When applying to a county for an initial business license or business license renewal, a person who conducts a business operation that is a regulated industry, as defined in Section 13383.5 of the Water Code, shall demonstrate enrollment with the National Pollutant Discharge Elimination System (NPDES) permit program by providing all of the following information, under penalty of perjury, on the initial business license or business license renewal application:(1) The name and location of facilities operated by the person of that business.(2) All primary Standard Industrial Classification Codes, as defined in Section 25244.14 of the Health and Safety Code, for the business.(3) Any of the following for each facility operated by the person of that business:(A) The stormwater permit number, known as the Waste Discharger Identification number (WDID), issued for the facility by the State Water Resources Control Board.(B) The WDID application number issued for the facility by the State Water Resources Control Board.(C) The notice of nonapplicability identification number (NONA) issued for the facility by the State Water Resources Control Board.(D) The no exposure certification identification number (NEC) issued for the facility by the State Water Resources Control Board.(b) Prior to the issuance or renewal of the business license, the county shall determine whether any of the primary Standard Industrial Classification Codes are applicable to a General Permit for Storm Water Discharges Associated with Industrial Activities Excluding Construction Activities, as referenced in Section 13383.5 of the Water Code, and if applicable, the county shall confirm that the WDID, WDID application number, NONA, or NEC corresponds to the business requesting the initial business license or business license renewal. To determine whether any of the primary Standard Industrial Classification Codes are applicable to a General Permit for Storm Water Discharges Associated with Industrial Activities Excluding Construction Activities, as referenced in Section 13383.5 of the Water Code, the county may use information provided by the State Water Resources Control Board, including information posted pursuant to Section 13383.10 of the Water Code for these purposes. To confirm the WDID, WDID application number, NONA, or NEC, the county shall only need to keep record of the applicable documentation.(c) The county shall transfer compliance information received in subdivision (a) to the State Water Resources Control Board as requested by the board.(d) For business license renewals, a county may develop a provisional license procedure that provides businesses three months to comply with the requirements of this section. (e) County includes a charter county and a charter city and county.(f) This section shall apply to applications for initial business licenses and business license renewals submitted on and after January 1, 2020.(g) This section shall not apply to a county that does not have an application process for issuing or renewing business licenses or does not issue or renew business licenses.(h) This section shall not be construed to impose any additional liability on a county under the National Pollutant Discharge Elimination System permit program for nonenrollment under a General Permit for Storm Water Discharges Associated with Industrial Activities Excluding Construction Activities by a person who conducts a business operation that is a regulated industry, as defined in Section 13383.5 of the Water Code.SEC. 4. Section 13383.10 is added to the Water Code, to read:13383.10. On or before April 1, 2020, the state board shall post on its internet website, for the purpose of the determinations made by the city pursuant to Section 16000.3 of the Business and Professions Code and a county pursuant to Section 16100.3 of the Business and Professions Code, a list of all Standard Industrial Classification codes applicable to a General Permit for Stormwater Discharges Associated with Industrial Activities Excluding Construction Activities, as referenced in Section 13383.5, and known as the Industrial General Permit. The state board shall update that list on its internet website within 90 days of any final updates by the United States Department of Labor or the United States Environmental Protection Agency.SEC. 5. No reimbursement is required by this act pursuant to Section 6 of Article XIIIB of the California Constitution because a local agency or school district has the authority to levy service charges, fees, or assessments sufficient to pay for the program or level of service mandated by this act or because costs that may be incurred by a local agency or school district will be incurred because this act creates a new crime or infraction, eliminates a crime or infraction, or changes 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 XIIIB of the California Constitution.
22
3- Senate Bill No. 205 CHAPTER 470 An act to add Sections 16000.3 and 16100.3 to the Business and Professions Code, and to add Section 13383.10 to the Water Code, relating to business. [ Approved by Governor October 02, 2019. Filed with Secretary of State October 02, 2019. ] LEGISLATIVE COUNSEL'S DIGESTSB 205, Hertzberg. Business licenses: stormwater discharge compliance.Existing law authorizes the legislative body of an incorporated city and the county board of supervisors, in the exercise of its police power, to license any kind of business not prohibited by law that is transacted and carried on within its jurisdiction, and to impose license fees. Existing law imposes various requirements on cities and counties prior to issuing specified business licenses, including verifying that a person applying for a business license to conduct business as a contractor is licensed by the Contractors State License Board.Under existing law, the State Water Resources Control Board and the California regional water quality control boards prescribe waste discharge requirements for the discharge of stormwater by municipalities and industries in accordance with the National Pollutant Discharge Elimination System (NPDES) permit program and the Porter-Cologne Water Quality Control Act. Existing law requires regulated municipalities and industries to obtain a stormwater permit.This bill would require, when applying to a city or a county for an initial business license or business license renewal, a person who conducts a business operation that is a regulated industry to demonstrate enrollment with the NPDES permit program by providing specified information, under penalty of perjury, on the application, including, among other things, the Standard Industrial Classification Code for the business. The bill would apply to all applications for initial business licenses and business license renewals submitted on and after January 1, 2020. The bill would permit a city or county to develop a provisional license procedure for business license renewals that provides businesses 3 months to comply with these provisions. By requiring that the information be submitted under penalty of perjury, this bill would expand the crime of perjury and impose a state-mandated local program.This bill would require the city or county to determine, as specified, the applicability of any Standard Industrial Classification Code and, if applicable, to confirm that the information submitted to demonstrate enrollment corresponds to the business requesting the initial business license or business license renewal, and would require the city or county to transfer that information to the State Water Resources Control Board upon request, thereby imposing a state-mandated local program. The bill would require the State Water Resources Control Board, on or before April 1, 2020, to post on its internet website a list of applicable Standard Industrial Classification Codes for the purpose of the determinations made by cities or counties, and would require the state board to update that list, as specified.This bill would also find and declare that the provisions of the bill address the health and safety of drinking water sources throughout the state, a matter of statewide concern, and that these provisions therefore apply to charter cities, charter counties, and charter cities and counties. The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.This bill would provide that no reimbursement is required by this act for specified reasons.Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: YES Local Program: YES
3+ Enrolled September 13, 2019 Passed IN Senate September 11, 2019 Passed IN Assembly September 09, 2019 Amended IN Assembly August 12, 2019 Amended IN Assembly July 01, 2019 Amended IN Senate May 17, 2019 Amended IN Senate March 21, 2019 CALIFORNIA LEGISLATURE 20192020 REGULAR SESSION Senate Bill No. 205Introduced by Senator HertzbergFebruary 04, 2019 An act to add Sections 16000.3 and 16100.3 to the Business and Professions Code, and to add Section 13383.10 to the Water Code, relating to business. LEGISLATIVE COUNSEL'S DIGESTSB 205, Hertzberg. Business licenses: stormwater discharge compliance.Existing law authorizes the legislative body of an incorporated city and the county board of supervisors, in the exercise of its police power, to license any kind of business not prohibited by law that is transacted and carried on within its jurisdiction, and to impose license fees. Existing law imposes various requirements on cities and counties prior to issuing specified business licenses, including verifying that a person applying for a business license to conduct business as a contractor is licensed by the Contractors State License Board.Under existing law, the State Water Resources Control Board and the California regional water quality control boards prescribe waste discharge requirements for the discharge of stormwater by municipalities and industries in accordance with the National Pollutant Discharge Elimination System (NPDES) permit program and the Porter-Cologne Water Quality Control Act. Existing law requires regulated municipalities and industries to obtain a stormwater permit.This bill would require, when applying to a city or a county for an initial business license or business license renewal, a person who conducts a business operation that is a regulated industry to demonstrate enrollment with the NPDES permit program by providing specified information, under penalty of perjury, on the application, including, among other things, the Standard Industrial Classification Code for the business. The bill would apply to all applications for initial business licenses and business license renewals submitted on and after January 1, 2020. The bill would permit a city or county to develop a provisional license procedure for business license renewals that provides businesses 3 months to comply with these provisions. By requiring that the information be submitted under penalty of perjury, this bill would expand the crime of perjury and impose a state-mandated local program.This bill would require the city or county to determine, as specified, the applicability of any Standard Industrial Classification Code and, if applicable, to confirm that the information submitted to demonstrate enrollment corresponds to the business requesting the initial business license or business license renewal, and would require the city or county to transfer that information to the State Water Resources Control Board upon request, thereby imposing a state-mandated local program. The bill would require the State Water Resources Control Board, on or before April 1, 2020, to post on its internet website a list of applicable Standard Industrial Classification Codes for the purpose of the determinations made by cities or counties, and would require the state board to update that list, as specified.This bill would also find and declare that the provisions of the bill address the health and safety of drinking water sources throughout the state, a matter of statewide concern, and that these provisions therefore apply to charter cities, charter counties, and charter cities and counties. The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.This bill would provide that no reimbursement is required by this act for specified reasons.Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: YES Local Program: YES
44
5- Senate Bill No. 205 CHAPTER 470
5+ Enrolled September 13, 2019 Passed IN Senate September 11, 2019 Passed IN Assembly September 09, 2019 Amended IN Assembly August 12, 2019 Amended IN Assembly July 01, 2019 Amended IN Senate May 17, 2019 Amended IN Senate March 21, 2019
66
7- Senate Bill No. 205
7+Enrolled September 13, 2019
8+Passed IN Senate September 11, 2019
9+Passed IN Assembly September 09, 2019
10+Amended IN Assembly August 12, 2019
11+Amended IN Assembly July 01, 2019
12+Amended IN Senate May 17, 2019
13+Amended IN Senate March 21, 2019
814
9- CHAPTER 470
15+ CALIFORNIA LEGISLATURE 20192020 REGULAR SESSION
16+
17+ Senate Bill
18+
19+No. 205
20+
21+Introduced by Senator HertzbergFebruary 04, 2019
22+
23+Introduced by Senator Hertzberg
24+February 04, 2019
1025
1126 An act to add Sections 16000.3 and 16100.3 to the Business and Professions Code, and to add Section 13383.10 to the Water Code, relating to business.
12-
13- [ Approved by Governor October 02, 2019. Filed with Secretary of State October 02, 2019. ]
1427
1528 LEGISLATIVE COUNSEL'S DIGEST
1629
1730 ## LEGISLATIVE COUNSEL'S DIGEST
1831
1932 SB 205, Hertzberg. Business licenses: stormwater discharge compliance.
2033
2134 Existing law authorizes the legislative body of an incorporated city and the county board of supervisors, in the exercise of its police power, to license any kind of business not prohibited by law that is transacted and carried on within its jurisdiction, and to impose license fees. Existing law imposes various requirements on cities and counties prior to issuing specified business licenses, including verifying that a person applying for a business license to conduct business as a contractor is licensed by the Contractors State License Board.Under existing law, the State Water Resources Control Board and the California regional water quality control boards prescribe waste discharge requirements for the discharge of stormwater by municipalities and industries in accordance with the National Pollutant Discharge Elimination System (NPDES) permit program and the Porter-Cologne Water Quality Control Act. Existing law requires regulated municipalities and industries to obtain a stormwater permit.This bill would require, when applying to a city or a county for an initial business license or business license renewal, a person who conducts a business operation that is a regulated industry to demonstrate enrollment with the NPDES permit program by providing specified information, under penalty of perjury, on the application, including, among other things, the Standard Industrial Classification Code for the business. The bill would apply to all applications for initial business licenses and business license renewals submitted on and after January 1, 2020. The bill would permit a city or county to develop a provisional license procedure for business license renewals that provides businesses 3 months to comply with these provisions. By requiring that the information be submitted under penalty of perjury, this bill would expand the crime of perjury and impose a state-mandated local program.This bill would require the city or county to determine, as specified, the applicability of any Standard Industrial Classification Code and, if applicable, to confirm that the information submitted to demonstrate enrollment corresponds to the business requesting the initial business license or business license renewal, and would require the city or county to transfer that information to the State Water Resources Control Board upon request, thereby imposing a state-mandated local program. The bill would require the State Water Resources Control Board, on or before April 1, 2020, to post on its internet website a list of applicable Standard Industrial Classification Codes for the purpose of the determinations made by cities or counties, and would require the state board to update that list, as specified.This bill would also find and declare that the provisions of the bill address the health and safety of drinking water sources throughout the state, a matter of statewide concern, and that these provisions therefore apply to charter cities, charter counties, and charter cities and counties. The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.This bill would provide that no reimbursement is required by this act for specified reasons.
2235
2336 Existing law authorizes the legislative body of an incorporated city and the county board of supervisors, in the exercise of its police power, to license any kind of business not prohibited by law that is transacted and carried on within its jurisdiction, and to impose license fees. Existing law imposes various requirements on cities and counties prior to issuing specified business licenses, including verifying that a person applying for a business license to conduct business as a contractor is licensed by the Contractors State License Board.
2437
2538 Under existing law, the State Water Resources Control Board and the California regional water quality control boards prescribe waste discharge requirements for the discharge of stormwater by municipalities and industries in accordance with the National Pollutant Discharge Elimination System (NPDES) permit program and the Porter-Cologne Water Quality Control Act. Existing law requires regulated municipalities and industries to obtain a stormwater permit.
2639
2740 This bill would require, when applying to a city or a county for an initial business license or business license renewal, a person who conducts a business operation that is a regulated industry to demonstrate enrollment with the NPDES permit program by providing specified information, under penalty of perjury, on the application, including, among other things, the Standard Industrial Classification Code for the business. The bill would apply to all applications for initial business licenses and business license renewals submitted on and after January 1, 2020. The bill would permit a city or county to develop a provisional license procedure for business license renewals that provides businesses 3 months to comply with these provisions. By requiring that the information be submitted under penalty of perjury, this bill would expand the crime of perjury and impose a state-mandated local program.
2841
2942 This bill would require the city or county to determine, as specified, the applicability of any Standard Industrial Classification Code and, if applicable, to confirm that the information submitted to demonstrate enrollment corresponds to the business requesting the initial business license or business license renewal, and would require the city or county to transfer that information to the State Water Resources Control Board upon request, thereby imposing a state-mandated local program. The bill would require the State Water Resources Control Board, on or before April 1, 2020, to post on its internet website a list of applicable Standard Industrial Classification Codes for the purpose of the determinations made by cities or counties, and would require the state board to update that list, as specified.
3043
3144 This bill would also find and declare that the provisions of the bill address the health and safety of drinking water sources throughout the state, a matter of statewide concern, and that these provisions therefore apply to charter cities, charter counties, and charter cities and counties.
3245
3346 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.
3447
3548 This bill would provide that no reimbursement is required by this act for specified reasons.
3649
3750 ## Digest Key
3851
3952 ## Bill Text
4053
4154 The people of the State of California do enact as follows:SECTION 1. The Legislature finds and declares that the provisions of this measure address the health and safety of drinking water sources throughout the state, a matter of statewide concern, and that these provisions therefore apply to charter cities, charter counties, and charter cities and counties. SEC. 2. Section 16000.3 is added to the Business and Professions Code, to read:16000.3. (a) When applying to a city for an initial business license or business license renewal, a person who conducts a business operation that is a regulated industry, as defined in Section 13383.5 of the Water Code, shall demonstrate enrollment with the National Pollutant Discharge Elimination System (NPDES) permit program by providing all of the following information, under penalty of perjury, on the initial business license or business license renewal application:(1) The name and location of facilities operated by the person of that business.(2) All primary Standard Industrial Classification Codes, as defined in Section 25244.14 of the Health and Safety Code, for the business.(3) Any of the following for each facility operated by the person of that business:(A) The stormwater permit number, known as the Waste Discharger Identification number (WDID), issued for the facility by the State Water Resources Control Board.(B) The WDID application number issued for the facility by the State Water Resources Control Board.(C) The notice of nonapplicability identification number (NONA) issued for the facility by the State Water Resources Control Board.(D) The no exposure certification identification number (NEC) issued for the facility by the State Water Resources Control Board. (b) Prior to the issuance or renewal of the business license, the city shall determine whether any of the primary Standard Industrial Classification Codes are applicable to a General Permit for Storm Water Discharges Associated with Industrial Activities Excluding Construction Activities, as referenced in Section 13383.5 of the Water Code, and if applicable, the city shall confirm that the WDID, WDID application number, NONA, or NEC corresponds to the business requesting the initial business license or business license renewal. To determine whether any of the primary Standard Industrial Classification Codes are applicable to a General Permit for Storm Water Discharges Associated with Industrial Activities Excluding Construction Activities, as referenced in Section 13383.5 of the Water Code, the city may use information provided by the State Water Resources Control Board, including information posted pursuant to Section 13383.10 of the Water Code for these purposes. To confirm the WDID, WDID application number, NONA, or NEC, the city shall only need to keep record of the applicable documentation.(c) The city shall transfer compliance information received in subdivision (a) to the State Water Resources Control Board as requested by the board.(d) For business license renewals, a city may develop a provisional license procedure that provides businesses three months to comply with the requirements of this section. (e) City includes a charter city and a charter city and county.(f) This section shall apply to applications for initial business licenses and business license renewals submitted on and after January 1, 2020.(g) This section shall not apply to a city that does not have an application process for issuing or renewing business licenses or does not issue or renew business licenses.(h) This section shall not be construed to impose any additional liability on a city under the National Pollutant Discharge Elimination System permit program for nonenrollment under a General Permit for Storm Water Discharges Associated with Industrial Activities Excluding Construction Activities by a person who conducts a business operation that is a regulated industry, as defined in Section 13383.5 of the Water Code.SEC. 3. Section 16100.3 is added to the Business and Professions Code, to read:16100.3. (a) When applying to a county for an initial business license or business license renewal, a person who conducts a business operation that is a regulated industry, as defined in Section 13383.5 of the Water Code, shall demonstrate enrollment with the National Pollutant Discharge Elimination System (NPDES) permit program by providing all of the following information, under penalty of perjury, on the initial business license or business license renewal application:(1) The name and location of facilities operated by the person of that business.(2) All primary Standard Industrial Classification Codes, as defined in Section 25244.14 of the Health and Safety Code, for the business.(3) Any of the following for each facility operated by the person of that business:(A) The stormwater permit number, known as the Waste Discharger Identification number (WDID), issued for the facility by the State Water Resources Control Board.(B) The WDID application number issued for the facility by the State Water Resources Control Board.(C) The notice of nonapplicability identification number (NONA) issued for the facility by the State Water Resources Control Board.(D) The no exposure certification identification number (NEC) issued for the facility by the State Water Resources Control Board.(b) Prior to the issuance or renewal of the business license, the county shall determine whether any of the primary Standard Industrial Classification Codes are applicable to a General Permit for Storm Water Discharges Associated with Industrial Activities Excluding Construction Activities, as referenced in Section 13383.5 of the Water Code, and if applicable, the county shall confirm that the WDID, WDID application number, NONA, or NEC corresponds to the business requesting the initial business license or business license renewal. To determine whether any of the primary Standard Industrial Classification Codes are applicable to a General Permit for Storm Water Discharges Associated with Industrial Activities Excluding Construction Activities, as referenced in Section 13383.5 of the Water Code, the county may use information provided by the State Water Resources Control Board, including information posted pursuant to Section 13383.10 of the Water Code for these purposes. To confirm the WDID, WDID application number, NONA, or NEC, the county shall only need to keep record of the applicable documentation.(c) The county shall transfer compliance information received in subdivision (a) to the State Water Resources Control Board as requested by the board.(d) For business license renewals, a county may develop a provisional license procedure that provides businesses three months to comply with the requirements of this section. (e) County includes a charter county and a charter city and county.(f) This section shall apply to applications for initial business licenses and business license renewals submitted on and after January 1, 2020.(g) This section shall not apply to a county that does not have an application process for issuing or renewing business licenses or does not issue or renew business licenses.(h) This section shall not be construed to impose any additional liability on a county under the National Pollutant Discharge Elimination System permit program for nonenrollment under a General Permit for Storm Water Discharges Associated with Industrial Activities Excluding Construction Activities by a person who conducts a business operation that is a regulated industry, as defined in Section 13383.5 of the Water Code.SEC. 4. Section 13383.10 is added to the Water Code, to read:13383.10. On or before April 1, 2020, the state board shall post on its internet website, for the purpose of the determinations made by the city pursuant to Section 16000.3 of the Business and Professions Code and a county pursuant to Section 16100.3 of the Business and Professions Code, a list of all Standard Industrial Classification codes applicable to a General Permit for Stormwater Discharges Associated with Industrial Activities Excluding Construction Activities, as referenced in Section 13383.5, and known as the Industrial General Permit. The state board shall update that list on its internet website within 90 days of any final updates by the United States Department of Labor or the United States Environmental Protection Agency.SEC. 5. No reimbursement is required by this act pursuant to Section 6 of Article XIIIB of the California Constitution because a local agency or school district has the authority to levy service charges, fees, or assessments sufficient to pay for the program or level of service mandated by this act or because costs that may be incurred by a local agency or school district will be incurred because this act creates a new crime or infraction, eliminates a crime or infraction, or changes 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 XIIIB of the California Constitution.
4255
4356 The people of the State of California do enact as follows:
4457
4558 ## The people of the State of California do enact as follows:
4659
4760 SECTION 1. The Legislature finds and declares that the provisions of this measure address the health and safety of drinking water sources throughout the state, a matter of statewide concern, and that these provisions therefore apply to charter cities, charter counties, and charter cities and counties.
4861
4962 SECTION 1. The Legislature finds and declares that the provisions of this measure address the health and safety of drinking water sources throughout the state, a matter of statewide concern, and that these provisions therefore apply to charter cities, charter counties, and charter cities and counties.
5063
5164 SECTION 1. The Legislature finds and declares that the provisions of this measure address the health and safety of drinking water sources throughout the state, a matter of statewide concern, and that these provisions therefore apply to charter cities, charter counties, and charter cities and counties.
5265
5366 ### SECTION 1.
5467
5568 SEC. 2. Section 16000.3 is added to the Business and Professions Code, to read:16000.3. (a) When applying to a city for an initial business license or business license renewal, a person who conducts a business operation that is a regulated industry, as defined in Section 13383.5 of the Water Code, shall demonstrate enrollment with the National Pollutant Discharge Elimination System (NPDES) permit program by providing all of the following information, under penalty of perjury, on the initial business license or business license renewal application:(1) The name and location of facilities operated by the person of that business.(2) All primary Standard Industrial Classification Codes, as defined in Section 25244.14 of the Health and Safety Code, for the business.(3) Any of the following for each facility operated by the person of that business:(A) The stormwater permit number, known as the Waste Discharger Identification number (WDID), issued for the facility by the State Water Resources Control Board.(B) The WDID application number issued for the facility by the State Water Resources Control Board.(C) The notice of nonapplicability identification number (NONA) issued for the facility by the State Water Resources Control Board.(D) The no exposure certification identification number (NEC) issued for the facility by the State Water Resources Control Board. (b) Prior to the issuance or renewal of the business license, the city shall determine whether any of the primary Standard Industrial Classification Codes are applicable to a General Permit for Storm Water Discharges Associated with Industrial Activities Excluding Construction Activities, as referenced in Section 13383.5 of the Water Code, and if applicable, the city shall confirm that the WDID, WDID application number, NONA, or NEC corresponds to the business requesting the initial business license or business license renewal. To determine whether any of the primary Standard Industrial Classification Codes are applicable to a General Permit for Storm Water Discharges Associated with Industrial Activities Excluding Construction Activities, as referenced in Section 13383.5 of the Water Code, the city may use information provided by the State Water Resources Control Board, including information posted pursuant to Section 13383.10 of the Water Code for these purposes. To confirm the WDID, WDID application number, NONA, or NEC, the city shall only need to keep record of the applicable documentation.(c) The city shall transfer compliance information received in subdivision (a) to the State Water Resources Control Board as requested by the board.(d) For business license renewals, a city may develop a provisional license procedure that provides businesses three months to comply with the requirements of this section. (e) City includes a charter city and a charter city and county.(f) This section shall apply to applications for initial business licenses and business license renewals submitted on and after January 1, 2020.(g) This section shall not apply to a city that does not have an application process for issuing or renewing business licenses or does not issue or renew business licenses.(h) This section shall not be construed to impose any additional liability on a city under the National Pollutant Discharge Elimination System permit program for nonenrollment under a General Permit for Storm Water Discharges Associated with Industrial Activities Excluding Construction Activities by a person who conducts a business operation that is a regulated industry, as defined in Section 13383.5 of the Water Code.
5669
5770 SEC. 2. Section 16000.3 is added to the Business and Professions Code, to read:
5871
5972 ### SEC. 2.
6073
6174 16000.3. (a) When applying to a city for an initial business license or business license renewal, a person who conducts a business operation that is a regulated industry, as defined in Section 13383.5 of the Water Code, shall demonstrate enrollment with the National Pollutant Discharge Elimination System (NPDES) permit program by providing all of the following information, under penalty of perjury, on the initial business license or business license renewal application:(1) The name and location of facilities operated by the person of that business.(2) All primary Standard Industrial Classification Codes, as defined in Section 25244.14 of the Health and Safety Code, for the business.(3) Any of the following for each facility operated by the person of that business:(A) The stormwater permit number, known as the Waste Discharger Identification number (WDID), issued for the facility by the State Water Resources Control Board.(B) The WDID application number issued for the facility by the State Water Resources Control Board.(C) The notice of nonapplicability identification number (NONA) issued for the facility by the State Water Resources Control Board.(D) The no exposure certification identification number (NEC) issued for the facility by the State Water Resources Control Board. (b) Prior to the issuance or renewal of the business license, the city shall determine whether any of the primary Standard Industrial Classification Codes are applicable to a General Permit for Storm Water Discharges Associated with Industrial Activities Excluding Construction Activities, as referenced in Section 13383.5 of the Water Code, and if applicable, the city shall confirm that the WDID, WDID application number, NONA, or NEC corresponds to the business requesting the initial business license or business license renewal. To determine whether any of the primary Standard Industrial Classification Codes are applicable to a General Permit for Storm Water Discharges Associated with Industrial Activities Excluding Construction Activities, as referenced in Section 13383.5 of the Water Code, the city may use information provided by the State Water Resources Control Board, including information posted pursuant to Section 13383.10 of the Water Code for these purposes. To confirm the WDID, WDID application number, NONA, or NEC, the city shall only need to keep record of the applicable documentation.(c) The city shall transfer compliance information received in subdivision (a) to the State Water Resources Control Board as requested by the board.(d) For business license renewals, a city may develop a provisional license procedure that provides businesses three months to comply with the requirements of this section. (e) City includes a charter city and a charter city and county.(f) This section shall apply to applications for initial business licenses and business license renewals submitted on and after January 1, 2020.(g) This section shall not apply to a city that does not have an application process for issuing or renewing business licenses or does not issue or renew business licenses.(h) This section shall not be construed to impose any additional liability on a city under the National Pollutant Discharge Elimination System permit program for nonenrollment under a General Permit for Storm Water Discharges Associated with Industrial Activities Excluding Construction Activities by a person who conducts a business operation that is a regulated industry, as defined in Section 13383.5 of the Water Code.
6275
6376 16000.3. (a) When applying to a city for an initial business license or business license renewal, a person who conducts a business operation that is a regulated industry, as defined in Section 13383.5 of the Water Code, shall demonstrate enrollment with the National Pollutant Discharge Elimination System (NPDES) permit program by providing all of the following information, under penalty of perjury, on the initial business license or business license renewal application:(1) The name and location of facilities operated by the person of that business.(2) All primary Standard Industrial Classification Codes, as defined in Section 25244.14 of the Health and Safety Code, for the business.(3) Any of the following for each facility operated by the person of that business:(A) The stormwater permit number, known as the Waste Discharger Identification number (WDID), issued for the facility by the State Water Resources Control Board.(B) The WDID application number issued for the facility by the State Water Resources Control Board.(C) The notice of nonapplicability identification number (NONA) issued for the facility by the State Water Resources Control Board.(D) The no exposure certification identification number (NEC) issued for the facility by the State Water Resources Control Board. (b) Prior to the issuance or renewal of the business license, the city shall determine whether any of the primary Standard Industrial Classification Codes are applicable to a General Permit for Storm Water Discharges Associated with Industrial Activities Excluding Construction Activities, as referenced in Section 13383.5 of the Water Code, and if applicable, the city shall confirm that the WDID, WDID application number, NONA, or NEC corresponds to the business requesting the initial business license or business license renewal. To determine whether any of the primary Standard Industrial Classification Codes are applicable to a General Permit for Storm Water Discharges Associated with Industrial Activities Excluding Construction Activities, as referenced in Section 13383.5 of the Water Code, the city may use information provided by the State Water Resources Control Board, including information posted pursuant to Section 13383.10 of the Water Code for these purposes. To confirm the WDID, WDID application number, NONA, or NEC, the city shall only need to keep record of the applicable documentation.(c) The city shall transfer compliance information received in subdivision (a) to the State Water Resources Control Board as requested by the board.(d) For business license renewals, a city may develop a provisional license procedure that provides businesses three months to comply with the requirements of this section. (e) City includes a charter city and a charter city and county.(f) This section shall apply to applications for initial business licenses and business license renewals submitted on and after January 1, 2020.(g) This section shall not apply to a city that does not have an application process for issuing or renewing business licenses or does not issue or renew business licenses.(h) This section shall not be construed to impose any additional liability on a city under the National Pollutant Discharge Elimination System permit program for nonenrollment under a General Permit for Storm Water Discharges Associated with Industrial Activities Excluding Construction Activities by a person who conducts a business operation that is a regulated industry, as defined in Section 13383.5 of the Water Code.
6477
6578 16000.3. (a) When applying to a city for an initial business license or business license renewal, a person who conducts a business operation that is a regulated industry, as defined in Section 13383.5 of the Water Code, shall demonstrate enrollment with the National Pollutant Discharge Elimination System (NPDES) permit program by providing all of the following information, under penalty of perjury, on the initial business license or business license renewal application:(1) The name and location of facilities operated by the person of that business.(2) All primary Standard Industrial Classification Codes, as defined in Section 25244.14 of the Health and Safety Code, for the business.(3) Any of the following for each facility operated by the person of that business:(A) The stormwater permit number, known as the Waste Discharger Identification number (WDID), issued for the facility by the State Water Resources Control Board.(B) The WDID application number issued for the facility by the State Water Resources Control Board.(C) The notice of nonapplicability identification number (NONA) issued for the facility by the State Water Resources Control Board.(D) The no exposure certification identification number (NEC) issued for the facility by the State Water Resources Control Board. (b) Prior to the issuance or renewal of the business license, the city shall determine whether any of the primary Standard Industrial Classification Codes are applicable to a General Permit for Storm Water Discharges Associated with Industrial Activities Excluding Construction Activities, as referenced in Section 13383.5 of the Water Code, and if applicable, the city shall confirm that the WDID, WDID application number, NONA, or NEC corresponds to the business requesting the initial business license or business license renewal. To determine whether any of the primary Standard Industrial Classification Codes are applicable to a General Permit for Storm Water Discharges Associated with Industrial Activities Excluding Construction Activities, as referenced in Section 13383.5 of the Water Code, the city may use information provided by the State Water Resources Control Board, including information posted pursuant to Section 13383.10 of the Water Code for these purposes. To confirm the WDID, WDID application number, NONA, or NEC, the city shall only need to keep record of the applicable documentation.(c) The city shall transfer compliance information received in subdivision (a) to the State Water Resources Control Board as requested by the board.(d) For business license renewals, a city may develop a provisional license procedure that provides businesses three months to comply with the requirements of this section. (e) City includes a charter city and a charter city and county.(f) This section shall apply to applications for initial business licenses and business license renewals submitted on and after January 1, 2020.(g) This section shall not apply to a city that does not have an application process for issuing or renewing business licenses or does not issue or renew business licenses.(h) This section shall not be construed to impose any additional liability on a city under the National Pollutant Discharge Elimination System permit program for nonenrollment under a General Permit for Storm Water Discharges Associated with Industrial Activities Excluding Construction Activities by a person who conducts a business operation that is a regulated industry, as defined in Section 13383.5 of the Water Code.
6679
6780
6881
6982 16000.3. (a) When applying to a city for an initial business license or business license renewal, a person who conducts a business operation that is a regulated industry, as defined in Section 13383.5 of the Water Code, shall demonstrate enrollment with the National Pollutant Discharge Elimination System (NPDES) permit program by providing all of the following information, under penalty of perjury, on the initial business license or business license renewal application:
7083
7184 (1) The name and location of facilities operated by the person of that business.
7285
7386 (2) All primary Standard Industrial Classification Codes, as defined in Section 25244.14 of the Health and Safety Code, for the business.
7487
7588 (3) Any of the following for each facility operated by the person of that business:
7689
7790 (A) The stormwater permit number, known as the Waste Discharger Identification number (WDID), issued for the facility by the State Water Resources Control Board.
7891
7992 (B) The WDID application number issued for the facility by the State Water Resources Control Board.
8093
8194 (C) The notice of nonapplicability identification number (NONA) issued for the facility by the State Water Resources Control Board.
8295
8396 (D) The no exposure certification identification number (NEC) issued for the facility by the State Water Resources Control Board.
8497
8598 (b) Prior to the issuance or renewal of the business license, the city shall determine whether any of the primary Standard Industrial Classification Codes are applicable to a General Permit for Storm Water Discharges Associated with Industrial Activities Excluding Construction Activities, as referenced in Section 13383.5 of the Water Code, and if applicable, the city shall confirm that the WDID, WDID application number, NONA, or NEC corresponds to the business requesting the initial business license or business license renewal. To determine whether any of the primary Standard Industrial Classification Codes are applicable to a General Permit for Storm Water Discharges Associated with Industrial Activities Excluding Construction Activities, as referenced in Section 13383.5 of the Water Code, the city may use information provided by the State Water Resources Control Board, including information posted pursuant to Section 13383.10 of the Water Code for these purposes. To confirm the WDID, WDID application number, NONA, or NEC, the city shall only need to keep record of the applicable documentation.
8699
87100 (c) The city shall transfer compliance information received in subdivision (a) to the State Water Resources Control Board as requested by the board.
88101
89102 (d) For business license renewals, a city may develop a provisional license procedure that provides businesses three months to comply with the requirements of this section.
90103
91104 (e) City includes a charter city and a charter city and county.
92105
93106 (f) This section shall apply to applications for initial business licenses and business license renewals submitted on and after January 1, 2020.
94107
95108 (g) This section shall not apply to a city that does not have an application process for issuing or renewing business licenses or does not issue or renew business licenses.
96109
97110 (h) This section shall not be construed to impose any additional liability on a city under the National Pollutant Discharge Elimination System permit program for nonenrollment under a General Permit for Storm Water Discharges Associated with Industrial Activities Excluding Construction Activities by a person who conducts a business operation that is a regulated industry, as defined in Section 13383.5 of the Water Code.
98111
99112 SEC. 3. Section 16100.3 is added to the Business and Professions Code, to read:16100.3. (a) When applying to a county for an initial business license or business license renewal, a person who conducts a business operation that is a regulated industry, as defined in Section 13383.5 of the Water Code, shall demonstrate enrollment with the National Pollutant Discharge Elimination System (NPDES) permit program by providing all of the following information, under penalty of perjury, on the initial business license or business license renewal application:(1) The name and location of facilities operated by the person of that business.(2) All primary Standard Industrial Classification Codes, as defined in Section 25244.14 of the Health and Safety Code, for the business.(3) Any of the following for each facility operated by the person of that business:(A) The stormwater permit number, known as the Waste Discharger Identification number (WDID), issued for the facility by the State Water Resources Control Board.(B) The WDID application number issued for the facility by the State Water Resources Control Board.(C) The notice of nonapplicability identification number (NONA) issued for the facility by the State Water Resources Control Board.(D) The no exposure certification identification number (NEC) issued for the facility by the State Water Resources Control Board.(b) Prior to the issuance or renewal of the business license, the county shall determine whether any of the primary Standard Industrial Classification Codes are applicable to a General Permit for Storm Water Discharges Associated with Industrial Activities Excluding Construction Activities, as referenced in Section 13383.5 of the Water Code, and if applicable, the county shall confirm that the WDID, WDID application number, NONA, or NEC corresponds to the business requesting the initial business license or business license renewal. To determine whether any of the primary Standard Industrial Classification Codes are applicable to a General Permit for Storm Water Discharges Associated with Industrial Activities Excluding Construction Activities, as referenced in Section 13383.5 of the Water Code, the county may use information provided by the State Water Resources Control Board, including information posted pursuant to Section 13383.10 of the Water Code for these purposes. To confirm the WDID, WDID application number, NONA, or NEC, the county shall only need to keep record of the applicable documentation.(c) The county shall transfer compliance information received in subdivision (a) to the State Water Resources Control Board as requested by the board.(d) For business license renewals, a county may develop a provisional license procedure that provides businesses three months to comply with the requirements of this section. (e) County includes a charter county and a charter city and county.(f) This section shall apply to applications for initial business licenses and business license renewals submitted on and after January 1, 2020.(g) This section shall not apply to a county that does not have an application process for issuing or renewing business licenses or does not issue or renew business licenses.(h) This section shall not be construed to impose any additional liability on a county under the National Pollutant Discharge Elimination System permit program for nonenrollment under a General Permit for Storm Water Discharges Associated with Industrial Activities Excluding Construction Activities by a person who conducts a business operation that is a regulated industry, as defined in Section 13383.5 of the Water Code.
100113
101114 SEC. 3. Section 16100.3 is added to the Business and Professions Code, to read:
102115
103116 ### SEC. 3.
104117
105118 16100.3. (a) When applying to a county for an initial business license or business license renewal, a person who conducts a business operation that is a regulated industry, as defined in Section 13383.5 of the Water Code, shall demonstrate enrollment with the National Pollutant Discharge Elimination System (NPDES) permit program by providing all of the following information, under penalty of perjury, on the initial business license or business license renewal application:(1) The name and location of facilities operated by the person of that business.(2) All primary Standard Industrial Classification Codes, as defined in Section 25244.14 of the Health and Safety Code, for the business.(3) Any of the following for each facility operated by the person of that business:(A) The stormwater permit number, known as the Waste Discharger Identification number (WDID), issued for the facility by the State Water Resources Control Board.(B) The WDID application number issued for the facility by the State Water Resources Control Board.(C) The notice of nonapplicability identification number (NONA) issued for the facility by the State Water Resources Control Board.(D) The no exposure certification identification number (NEC) issued for the facility by the State Water Resources Control Board.(b) Prior to the issuance or renewal of the business license, the county shall determine whether any of the primary Standard Industrial Classification Codes are applicable to a General Permit for Storm Water Discharges Associated with Industrial Activities Excluding Construction Activities, as referenced in Section 13383.5 of the Water Code, and if applicable, the county shall confirm that the WDID, WDID application number, NONA, or NEC corresponds to the business requesting the initial business license or business license renewal. To determine whether any of the primary Standard Industrial Classification Codes are applicable to a General Permit for Storm Water Discharges Associated with Industrial Activities Excluding Construction Activities, as referenced in Section 13383.5 of the Water Code, the county may use information provided by the State Water Resources Control Board, including information posted pursuant to Section 13383.10 of the Water Code for these purposes. To confirm the WDID, WDID application number, NONA, or NEC, the county shall only need to keep record of the applicable documentation.(c) The county shall transfer compliance information received in subdivision (a) to the State Water Resources Control Board as requested by the board.(d) For business license renewals, a county may develop a provisional license procedure that provides businesses three months to comply with the requirements of this section. (e) County includes a charter county and a charter city and county.(f) This section shall apply to applications for initial business licenses and business license renewals submitted on and after January 1, 2020.(g) This section shall not apply to a county that does not have an application process for issuing or renewing business licenses or does not issue or renew business licenses.(h) This section shall not be construed to impose any additional liability on a county under the National Pollutant Discharge Elimination System permit program for nonenrollment under a General Permit for Storm Water Discharges Associated with Industrial Activities Excluding Construction Activities by a person who conducts a business operation that is a regulated industry, as defined in Section 13383.5 of the Water Code.
106119
107120 16100.3. (a) When applying to a county for an initial business license or business license renewal, a person who conducts a business operation that is a regulated industry, as defined in Section 13383.5 of the Water Code, shall demonstrate enrollment with the National Pollutant Discharge Elimination System (NPDES) permit program by providing all of the following information, under penalty of perjury, on the initial business license or business license renewal application:(1) The name and location of facilities operated by the person of that business.(2) All primary Standard Industrial Classification Codes, as defined in Section 25244.14 of the Health and Safety Code, for the business.(3) Any of the following for each facility operated by the person of that business:(A) The stormwater permit number, known as the Waste Discharger Identification number (WDID), issued for the facility by the State Water Resources Control Board.(B) The WDID application number issued for the facility by the State Water Resources Control Board.(C) The notice of nonapplicability identification number (NONA) issued for the facility by the State Water Resources Control Board.(D) The no exposure certification identification number (NEC) issued for the facility by the State Water Resources Control Board.(b) Prior to the issuance or renewal of the business license, the county shall determine whether any of the primary Standard Industrial Classification Codes are applicable to a General Permit for Storm Water Discharges Associated with Industrial Activities Excluding Construction Activities, as referenced in Section 13383.5 of the Water Code, and if applicable, the county shall confirm that the WDID, WDID application number, NONA, or NEC corresponds to the business requesting the initial business license or business license renewal. To determine whether any of the primary Standard Industrial Classification Codes are applicable to a General Permit for Storm Water Discharges Associated with Industrial Activities Excluding Construction Activities, as referenced in Section 13383.5 of the Water Code, the county may use information provided by the State Water Resources Control Board, including information posted pursuant to Section 13383.10 of the Water Code for these purposes. To confirm the WDID, WDID application number, NONA, or NEC, the county shall only need to keep record of the applicable documentation.(c) The county shall transfer compliance information received in subdivision (a) to the State Water Resources Control Board as requested by the board.(d) For business license renewals, a county may develop a provisional license procedure that provides businesses three months to comply with the requirements of this section. (e) County includes a charter county and a charter city and county.(f) This section shall apply to applications for initial business licenses and business license renewals submitted on and after January 1, 2020.(g) This section shall not apply to a county that does not have an application process for issuing or renewing business licenses or does not issue or renew business licenses.(h) This section shall not be construed to impose any additional liability on a county under the National Pollutant Discharge Elimination System permit program for nonenrollment under a General Permit for Storm Water Discharges Associated with Industrial Activities Excluding Construction Activities by a person who conducts a business operation that is a regulated industry, as defined in Section 13383.5 of the Water Code.
108121
109122 16100.3. (a) When applying to a county for an initial business license or business license renewal, a person who conducts a business operation that is a regulated industry, as defined in Section 13383.5 of the Water Code, shall demonstrate enrollment with the National Pollutant Discharge Elimination System (NPDES) permit program by providing all of the following information, under penalty of perjury, on the initial business license or business license renewal application:(1) The name and location of facilities operated by the person of that business.(2) All primary Standard Industrial Classification Codes, as defined in Section 25244.14 of the Health and Safety Code, for the business.(3) Any of the following for each facility operated by the person of that business:(A) The stormwater permit number, known as the Waste Discharger Identification number (WDID), issued for the facility by the State Water Resources Control Board.(B) The WDID application number issued for the facility by the State Water Resources Control Board.(C) The notice of nonapplicability identification number (NONA) issued for the facility by the State Water Resources Control Board.(D) The no exposure certification identification number (NEC) issued for the facility by the State Water Resources Control Board.(b) Prior to the issuance or renewal of the business license, the county shall determine whether any of the primary Standard Industrial Classification Codes are applicable to a General Permit for Storm Water Discharges Associated with Industrial Activities Excluding Construction Activities, as referenced in Section 13383.5 of the Water Code, and if applicable, the county shall confirm that the WDID, WDID application number, NONA, or NEC corresponds to the business requesting the initial business license or business license renewal. To determine whether any of the primary Standard Industrial Classification Codes are applicable to a General Permit for Storm Water Discharges Associated with Industrial Activities Excluding Construction Activities, as referenced in Section 13383.5 of the Water Code, the county may use information provided by the State Water Resources Control Board, including information posted pursuant to Section 13383.10 of the Water Code for these purposes. To confirm the WDID, WDID application number, NONA, or NEC, the county shall only need to keep record of the applicable documentation.(c) The county shall transfer compliance information received in subdivision (a) to the State Water Resources Control Board as requested by the board.(d) For business license renewals, a county may develop a provisional license procedure that provides businesses three months to comply with the requirements of this section. (e) County includes a charter county and a charter city and county.(f) This section shall apply to applications for initial business licenses and business license renewals submitted on and after January 1, 2020.(g) This section shall not apply to a county that does not have an application process for issuing or renewing business licenses or does not issue or renew business licenses.(h) This section shall not be construed to impose any additional liability on a county under the National Pollutant Discharge Elimination System permit program for nonenrollment under a General Permit for Storm Water Discharges Associated with Industrial Activities Excluding Construction Activities by a person who conducts a business operation that is a regulated industry, as defined in Section 13383.5 of the Water Code.
110123
111124
112125
113126 16100.3. (a) When applying to a county for an initial business license or business license renewal, a person who conducts a business operation that is a regulated industry, as defined in Section 13383.5 of the Water Code, shall demonstrate enrollment with the National Pollutant Discharge Elimination System (NPDES) permit program by providing all of the following information, under penalty of perjury, on the initial business license or business license renewal application:
114127
115128 (1) The name and location of facilities operated by the person of that business.
116129
117130 (2) All primary Standard Industrial Classification Codes, as defined in Section 25244.14 of the Health and Safety Code, for the business.
118131
119132 (3) Any of the following for each facility operated by the person of that business:
120133
121134 (A) The stormwater permit number, known as the Waste Discharger Identification number (WDID), issued for the facility by the State Water Resources Control Board.
122135
123136 (B) The WDID application number issued for the facility by the State Water Resources Control Board.
124137
125138 (C) The notice of nonapplicability identification number (NONA) issued for the facility by the State Water Resources Control Board.
126139
127140 (D) The no exposure certification identification number (NEC) issued for the facility by the State Water Resources Control Board.
128141
129142 (b) Prior to the issuance or renewal of the business license, the county shall determine whether any of the primary Standard Industrial Classification Codes are applicable to a General Permit for Storm Water Discharges Associated with Industrial Activities Excluding Construction Activities, as referenced in Section 13383.5 of the Water Code, and if applicable, the county shall confirm that the WDID, WDID application number, NONA, or NEC corresponds to the business requesting the initial business license or business license renewal. To determine whether any of the primary Standard Industrial Classification Codes are applicable to a General Permit for Storm Water Discharges Associated with Industrial Activities Excluding Construction Activities, as referenced in Section 13383.5 of the Water Code, the county may use information provided by the State Water Resources Control Board, including information posted pursuant to Section 13383.10 of the Water Code for these purposes. To confirm the WDID, WDID application number, NONA, or NEC, the county shall only need to keep record of the applicable documentation.
130143
131144 (c) The county shall transfer compliance information received in subdivision (a) to the State Water Resources Control Board as requested by the board.
132145
133146 (d) For business license renewals, a county may develop a provisional license procedure that provides businesses three months to comply with the requirements of this section.
134147
135148 (e) County includes a charter county and a charter city and county.
136149
137150 (f) This section shall apply to applications for initial business licenses and business license renewals submitted on and after January 1, 2020.
138151
139152 (g) This section shall not apply to a county that does not have an application process for issuing or renewing business licenses or does not issue or renew business licenses.
140153
141154 (h) This section shall not be construed to impose any additional liability on a county under the National Pollutant Discharge Elimination System permit program for nonenrollment under a General Permit for Storm Water Discharges Associated with Industrial Activities Excluding Construction Activities by a person who conducts a business operation that is a regulated industry, as defined in Section 13383.5 of the Water Code.
142155
143156 SEC. 4. Section 13383.10 is added to the Water Code, to read:13383.10. On or before April 1, 2020, the state board shall post on its internet website, for the purpose of the determinations made by the city pursuant to Section 16000.3 of the Business and Professions Code and a county pursuant to Section 16100.3 of the Business and Professions Code, a list of all Standard Industrial Classification codes applicable to a General Permit for Stormwater Discharges Associated with Industrial Activities Excluding Construction Activities, as referenced in Section 13383.5, and known as the Industrial General Permit. The state board shall update that list on its internet website within 90 days of any final updates by the United States Department of Labor or the United States Environmental Protection Agency.
144157
145158 SEC. 4. Section 13383.10 is added to the Water Code, to read:
146159
147160 ### SEC. 4.
148161
149162 13383.10. On or before April 1, 2020, the state board shall post on its internet website, for the purpose of the determinations made by the city pursuant to Section 16000.3 of the Business and Professions Code and a county pursuant to Section 16100.3 of the Business and Professions Code, a list of all Standard Industrial Classification codes applicable to a General Permit for Stormwater Discharges Associated with Industrial Activities Excluding Construction Activities, as referenced in Section 13383.5, and known as the Industrial General Permit. The state board shall update that list on its internet website within 90 days of any final updates by the United States Department of Labor or the United States Environmental Protection Agency.
150163
151164 13383.10. On or before April 1, 2020, the state board shall post on its internet website, for the purpose of the determinations made by the city pursuant to Section 16000.3 of the Business and Professions Code and a county pursuant to Section 16100.3 of the Business and Professions Code, a list of all Standard Industrial Classification codes applicable to a General Permit for Stormwater Discharges Associated with Industrial Activities Excluding Construction Activities, as referenced in Section 13383.5, and known as the Industrial General Permit. The state board shall update that list on its internet website within 90 days of any final updates by the United States Department of Labor or the United States Environmental Protection Agency.
152165
153166 13383.10. On or before April 1, 2020, the state board shall post on its internet website, for the purpose of the determinations made by the city pursuant to Section 16000.3 of the Business and Professions Code and a county pursuant to Section 16100.3 of the Business and Professions Code, a list of all Standard Industrial Classification codes applicable to a General Permit for Stormwater Discharges Associated with Industrial Activities Excluding Construction Activities, as referenced in Section 13383.5, and known as the Industrial General Permit. The state board shall update that list on its internet website within 90 days of any final updates by the United States Department of Labor or the United States Environmental Protection Agency.
154167
155168
156169
157170 13383.10. On or before April 1, 2020, the state board shall post on its internet website, for the purpose of the determinations made by the city pursuant to Section 16000.3 of the Business and Professions Code and a county pursuant to Section 16100.3 of the Business and Professions Code, a list of all Standard Industrial Classification codes applicable to a General Permit for Stormwater Discharges Associated with Industrial Activities Excluding Construction Activities, as referenced in Section 13383.5, and known as the Industrial General Permit. The state board shall update that list on its internet website within 90 days of any final updates by the United States Department of Labor or the United States Environmental Protection Agency.
158171
159172 SEC. 5. No reimbursement is required by this act pursuant to Section 6 of Article XIIIB of the California Constitution because a local agency or school district has the authority to levy service charges, fees, or assessments sufficient to pay for the program or level of service mandated by this act or because costs that may be incurred by a local agency or school district will be incurred because this act creates a new crime or infraction, eliminates a crime or infraction, or changes 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 XIIIB of the California Constitution.
160173
161174 SEC. 5. No reimbursement is required by this act pursuant to Section 6 of Article XIIIB of the California Constitution because a local agency or school district has the authority to levy service charges, fees, or assessments sufficient to pay for the program or level of service mandated by this act or because costs that may be incurred by a local agency or school district will be incurred because this act creates a new crime or infraction, eliminates a crime or infraction, or changes 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 XIIIB of the California Constitution.
162175
163176 SEC. 5. No reimbursement is required by this act pursuant to Section 6 of Article XIIIB of the California Constitution because a local agency or school district has the authority to levy service charges, fees, or assessments sufficient to pay for the program or level of service mandated by this act or because costs that may be incurred by a local agency or school district will be incurred because this act creates a new crime or infraction, eliminates a crime or infraction, or changes 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 XIIIB of the California Constitution.
164177
165178 ### SEC. 5.