Amended IN Senate March 18, 2024 CALIFORNIA LEGISLATURE 20232024 REGULAR SESSION Senate Bill No. 1178Introduced by Senator PadillaFebruary 14, 2024An act to add Chapter 28 (commencing with Section 16150) to Division 7 of the Water Code, relating to water quality. LEGISLATIVE COUNSEL'S DIGESTSB 1178, as amended, Padilla. Tijuana River. California Water Quality and Public Health Protection Act.Under existing law, the State Water Resources Control Board and the 9 California regional water quality control boards regulate water quality and prescribe waste discharge requirements in accordance with the federal national pollutant discharge elimination system permit program established by the federal Clean Water Act and the Porter-Cologne Water Quality Control Act. This bill would state the intent of the Legislature to enact legislation relating to pollution in the Tijuana River.This bill would require the board to, on or before August 1, 2025, establish regulations governing annual reporting by compliance entities, as defined, regarding water discharges, as provided. The bill would require compliance entities to submit a report to the board by June 1, 2026, and annually thereafter on water discharges and their locations, as provided. The bill would require the board to quantify the cost of mitigating contamination, if any, caused by those reported water discharges and would require the board to notify the compliance entities of the cost of mitigating their contamination. The bill would authorize the compliance entity to elect to mitigate the contamination caused by the entitys reported water discharges, or to have the board, in coordination with the Franchise Tax Board, impose, on the reporting compliance entitys annual tax bill, a surcharge for the cost of mitigating the compliance entitys contamination. The bill would create the California Water Quality and Public Health Impact Fund for receipt of revenue from the surcharge. The bill would require the moneys in the fund to be used exclusively to mitigate the impacts of the contamination on waters of the state caused by the reported water discharges. The bill would authorize the board to charge compliance entities a reasonable fee necessary to cover the boards reasonable costs of administering and implementing these provisions and to impose noncompliance penalties, not to exceed $1,000,000.Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: NOYES Local Program: NO Bill TextThe people of the State of California do enact as follows:SECTION 1. Chapter 28 (commencing with Section 16150) is added to Division 7 of the Water Code, to read: CHAPTER 28. California Water Quality and Public Health Protection Act16150. This chapter shall be known, and may be cited, as the California Water Quality and Public Health Protection Act.16151. For purposes of this chapter:(a) Compliance entity means any partnership, corporation, limited liability company, or other business entity formed under the laws of this state, the laws of any other state of the United States or the District of Columbia, or under the act of Congress with a minimum of 2,500 employees and that conducts business in California.(b) Reported water discharges means those water discharges included in the reports to the board by compliance entities pursuant to Section 16152.16152. (a) On or before August 1, 2025, the board shall establish regulations governing annual reporting by compliance entities regarding water discharges potentially impacting Californias water quality and public health.(b) The board shall establish boundaries governing reporting by compliance entities of location of water discharges that the board determines may impact the water quality of waters of the state, not to exceed 50 miles from the California border.(c) (1) Compliance entities shall submit a report to the board by June 1, 2026, and annually thereafter, on water discharges pursuant to the regulations established in subdivision (a) and disclose the locations of those water discharges.(2) The report shall include the compliance entitys name and any fictitious names, trade names, assumed names, and logos used by that entity.(d) The board may charge compliance entities a reasonable fee necessary to cover the boards reasonable costs of administering and implementing this chapter.16153. The board shall quantify the cost of mitigating the contamination, if any, caused by the reported water discharges of each compliance entity. The board shall notify each compliance entity of the cost of mitigating their contamination and inform the compliance entity that it can elect to do one of the following:(a) (1) Have the board, in coordination with the Franchise Tax Board, impose, on the reporting compliance entitys annual tax bill, a surcharge for the cost of mitigating the compliance entitys contamination.(2) Revenues from the surcharge shall be deposited into the California Water Quality and Public Health Impact Fund, which is hereby created in the State Treasury. The moneys in the fund shall be used exclusively to mitigate the impacts of the contamination on waters of the state caused by the reported water discharges.(b) (1) Mitigate the contamination caused by the entitys reported water discharges.(2) If the compliance entity chooses to mitigate the contamination, the compliance entity shall submit a separate report to the board outlining the mitigation work completed and when the work was completed.16154. (a) The board may adopt regulations that authorize the board to seek administrative penalties for nonfiling, late filing, or other failures to meet the requirements of this chapter. The administrative penalties authorized by this section shall be imposed by the board and recovered by the Franchise Tax Board.(b) Penalties for noncompliance shall not exceed one million dollars ($1,000,000) in a reporting year. In imposing noncompliance penalties, the board shall consider all relevant circumstances and avoid maximum penalties for good faith errors.SECTION 1.It is the intent of the Legislature to enact legislation relating to pollution in the Tijuana River. Amended IN Senate March 18, 2024 CALIFORNIA LEGISLATURE 20232024 REGULAR SESSION Senate Bill No. 1178Introduced by Senator PadillaFebruary 14, 2024An act to add Chapter 28 (commencing with Section 16150) to Division 7 of the Water Code, relating to water quality. LEGISLATIVE COUNSEL'S DIGESTSB 1178, as amended, Padilla. Tijuana River. California Water Quality and Public Health Protection Act.Under existing law, the State Water Resources Control Board and the 9 California regional water quality control boards regulate water quality and prescribe waste discharge requirements in accordance with the federal national pollutant discharge elimination system permit program established by the federal Clean Water Act and the Porter-Cologne Water Quality Control Act. This bill would state the intent of the Legislature to enact legislation relating to pollution in the Tijuana River.This bill would require the board to, on or before August 1, 2025, establish regulations governing annual reporting by compliance entities, as defined, regarding water discharges, as provided. The bill would require compliance entities to submit a report to the board by June 1, 2026, and annually thereafter on water discharges and their locations, as provided. The bill would require the board to quantify the cost of mitigating contamination, if any, caused by those reported water discharges and would require the board to notify the compliance entities of the cost of mitigating their contamination. The bill would authorize the compliance entity to elect to mitigate the contamination caused by the entitys reported water discharges, or to have the board, in coordination with the Franchise Tax Board, impose, on the reporting compliance entitys annual tax bill, a surcharge for the cost of mitigating the compliance entitys contamination. The bill would create the California Water Quality and Public Health Impact Fund for receipt of revenue from the surcharge. The bill would require the moneys in the fund to be used exclusively to mitigate the impacts of the contamination on waters of the state caused by the reported water discharges. The bill would authorize the board to charge compliance entities a reasonable fee necessary to cover the boards reasonable costs of administering and implementing these provisions and to impose noncompliance penalties, not to exceed $1,000,000.Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: NOYES Local Program: NO Amended IN Senate March 18, 2024 Amended IN Senate March 18, 2024 CALIFORNIA LEGISLATURE 20232024 REGULAR SESSION Senate Bill No. 1178 Introduced by Senator PadillaFebruary 14, 2024 Introduced by Senator Padilla February 14, 2024 An act to add Chapter 28 (commencing with Section 16150) to Division 7 of the Water Code, relating to water quality. LEGISLATIVE COUNSEL'S DIGEST ## LEGISLATIVE COUNSEL'S DIGEST SB 1178, as amended, Padilla. Tijuana River. California Water Quality and Public Health Protection Act. Under existing law, the State Water Resources Control Board and the 9 California regional water quality control boards regulate water quality and prescribe waste discharge requirements in accordance with the federal national pollutant discharge elimination system permit program established by the federal Clean Water Act and the Porter-Cologne Water Quality Control Act. This bill would state the intent of the Legislature to enact legislation relating to pollution in the Tijuana River.This bill would require the board to, on or before August 1, 2025, establish regulations governing annual reporting by compliance entities, as defined, regarding water discharges, as provided. The bill would require compliance entities to submit a report to the board by June 1, 2026, and annually thereafter on water discharges and their locations, as provided. The bill would require the board to quantify the cost of mitigating contamination, if any, caused by those reported water discharges and would require the board to notify the compliance entities of the cost of mitigating their contamination. The bill would authorize the compliance entity to elect to mitigate the contamination caused by the entitys reported water discharges, or to have the board, in coordination with the Franchise Tax Board, impose, on the reporting compliance entitys annual tax bill, a surcharge for the cost of mitigating the compliance entitys contamination. The bill would create the California Water Quality and Public Health Impact Fund for receipt of revenue from the surcharge. The bill would require the moneys in the fund to be used exclusively to mitigate the impacts of the contamination on waters of the state caused by the reported water discharges. The bill would authorize the board to charge compliance entities a reasonable fee necessary to cover the boards reasonable costs of administering and implementing these provisions and to impose noncompliance penalties, not to exceed $1,000,000. Under existing law, the State Water Resources Control Board and the 9 California regional water quality control boards regulate water quality and prescribe waste discharge requirements in accordance with the federal national pollutant discharge elimination system permit program established by the federal Clean Water Act and the Porter-Cologne Water Quality Control Act. This bill would state the intent of the Legislature to enact legislation relating to pollution in the Tijuana River. This bill would require the board to, on or before August 1, 2025, establish regulations governing annual reporting by compliance entities, as defined, regarding water discharges, as provided. The bill would require compliance entities to submit a report to the board by June 1, 2026, and annually thereafter on water discharges and their locations, as provided. The bill would require the board to quantify the cost of mitigating contamination, if any, caused by those reported water discharges and would require the board to notify the compliance entities of the cost of mitigating their contamination. The bill would authorize the compliance entity to elect to mitigate the contamination caused by the entitys reported water discharges, or to have the board, in coordination with the Franchise Tax Board, impose, on the reporting compliance entitys annual tax bill, a surcharge for the cost of mitigating the compliance entitys contamination. The bill would create the California Water Quality and Public Health Impact Fund for receipt of revenue from the surcharge. The bill would require the moneys in the fund to be used exclusively to mitigate the impacts of the contamination on waters of the state caused by the reported water discharges. The bill would authorize the board to charge compliance entities a reasonable fee necessary to cover the boards reasonable costs of administering and implementing these provisions and to impose noncompliance penalties, not to exceed $1,000,000. ## Digest Key ## Bill Text The people of the State of California do enact as follows:SECTION 1. Chapter 28 (commencing with Section 16150) is added to Division 7 of the Water Code, to read: CHAPTER 28. California Water Quality and Public Health Protection Act16150. This chapter shall be known, and may be cited, as the California Water Quality and Public Health Protection Act.16151. For purposes of this chapter:(a) Compliance entity means any partnership, corporation, limited liability company, or other business entity formed under the laws of this state, the laws of any other state of the United States or the District of Columbia, or under the act of Congress with a minimum of 2,500 employees and that conducts business in California.(b) Reported water discharges means those water discharges included in the reports to the board by compliance entities pursuant to Section 16152.16152. (a) On or before August 1, 2025, the board shall establish regulations governing annual reporting by compliance entities regarding water discharges potentially impacting Californias water quality and public health.(b) The board shall establish boundaries governing reporting by compliance entities of location of water discharges that the board determines may impact the water quality of waters of the state, not to exceed 50 miles from the California border.(c) (1) Compliance entities shall submit a report to the board by June 1, 2026, and annually thereafter, on water discharges pursuant to the regulations established in subdivision (a) and disclose the locations of those water discharges.(2) The report shall include the compliance entitys name and any fictitious names, trade names, assumed names, and logos used by that entity.(d) The board may charge compliance entities a reasonable fee necessary to cover the boards reasonable costs of administering and implementing this chapter.16153. The board shall quantify the cost of mitigating the contamination, if any, caused by the reported water discharges of each compliance entity. The board shall notify each compliance entity of the cost of mitigating their contamination and inform the compliance entity that it can elect to do one of the following:(a) (1) Have the board, in coordination with the Franchise Tax Board, impose, on the reporting compliance entitys annual tax bill, a surcharge for the cost of mitigating the compliance entitys contamination.(2) Revenues from the surcharge shall be deposited into the California Water Quality and Public Health Impact Fund, which is hereby created in the State Treasury. The moneys in the fund shall be used exclusively to mitigate the impacts of the contamination on waters of the state caused by the reported water discharges.(b) (1) Mitigate the contamination caused by the entitys reported water discharges.(2) If the compliance entity chooses to mitigate the contamination, the compliance entity shall submit a separate report to the board outlining the mitigation work completed and when the work was completed.16154. (a) The board may adopt regulations that authorize the board to seek administrative penalties for nonfiling, late filing, or other failures to meet the requirements of this chapter. The administrative penalties authorized by this section shall be imposed by the board and recovered by the Franchise Tax Board.(b) Penalties for noncompliance shall not exceed one million dollars ($1,000,000) in a reporting year. In imposing noncompliance penalties, the board shall consider all relevant circumstances and avoid maximum penalties for good faith errors.SECTION 1.It is the intent of the Legislature to enact legislation relating to pollution in the Tijuana River. The people of the State of California do enact as follows: ## The people of the State of California do enact as follows: SECTION 1. Chapter 28 (commencing with Section 16150) is added to Division 7 of the Water Code, to read: CHAPTER 28. California Water Quality and Public Health Protection Act16150. This chapter shall be known, and may be cited, as the California Water Quality and Public Health Protection Act.16151. For purposes of this chapter:(a) Compliance entity means any partnership, corporation, limited liability company, or other business entity formed under the laws of this state, the laws of any other state of the United States or the District of Columbia, or under the act of Congress with a minimum of 2,500 employees and that conducts business in California.(b) Reported water discharges means those water discharges included in the reports to the board by compliance entities pursuant to Section 16152.16152. (a) On or before August 1, 2025, the board shall establish regulations governing annual reporting by compliance entities regarding water discharges potentially impacting Californias water quality and public health.(b) The board shall establish boundaries governing reporting by compliance entities of location of water discharges that the board determines may impact the water quality of waters of the state, not to exceed 50 miles from the California border.(c) (1) Compliance entities shall submit a report to the board by June 1, 2026, and annually thereafter, on water discharges pursuant to the regulations established in subdivision (a) and disclose the locations of those water discharges.(2) The report shall include the compliance entitys name and any fictitious names, trade names, assumed names, and logos used by that entity.(d) The board may charge compliance entities a reasonable fee necessary to cover the boards reasonable costs of administering and implementing this chapter.16153. The board shall quantify the cost of mitigating the contamination, if any, caused by the reported water discharges of each compliance entity. The board shall notify each compliance entity of the cost of mitigating their contamination and inform the compliance entity that it can elect to do one of the following:(a) (1) Have the board, in coordination with the Franchise Tax Board, impose, on the reporting compliance entitys annual tax bill, a surcharge for the cost of mitigating the compliance entitys contamination.(2) Revenues from the surcharge shall be deposited into the California Water Quality and Public Health Impact Fund, which is hereby created in the State Treasury. The moneys in the fund shall be used exclusively to mitigate the impacts of the contamination on waters of the state caused by the reported water discharges.(b) (1) Mitigate the contamination caused by the entitys reported water discharges.(2) If the compliance entity chooses to mitigate the contamination, the compliance entity shall submit a separate report to the board outlining the mitigation work completed and when the work was completed.16154. (a) The board may adopt regulations that authorize the board to seek administrative penalties for nonfiling, late filing, or other failures to meet the requirements of this chapter. The administrative penalties authorized by this section shall be imposed by the board and recovered by the Franchise Tax Board.(b) Penalties for noncompliance shall not exceed one million dollars ($1,000,000) in a reporting year. In imposing noncompliance penalties, the board shall consider all relevant circumstances and avoid maximum penalties for good faith errors. SECTION 1. Chapter 28 (commencing with Section 16150) is added to Division 7 of the Water Code, to read: ### SECTION 1. CHAPTER 28. California Water Quality and Public Health Protection Act16150. This chapter shall be known, and may be cited, as the California Water Quality and Public Health Protection Act.16151. For purposes of this chapter:(a) Compliance entity means any partnership, corporation, limited liability company, or other business entity formed under the laws of this state, the laws of any other state of the United States or the District of Columbia, or under the act of Congress with a minimum of 2,500 employees and that conducts business in California.(b) Reported water discharges means those water discharges included in the reports to the board by compliance entities pursuant to Section 16152.16152. (a) On or before August 1, 2025, the board shall establish regulations governing annual reporting by compliance entities regarding water discharges potentially impacting Californias water quality and public health.(b) The board shall establish boundaries governing reporting by compliance entities of location of water discharges that the board determines may impact the water quality of waters of the state, not to exceed 50 miles from the California border.(c) (1) Compliance entities shall submit a report to the board by June 1, 2026, and annually thereafter, on water discharges pursuant to the regulations established in subdivision (a) and disclose the locations of those water discharges.(2) The report shall include the compliance entitys name and any fictitious names, trade names, assumed names, and logos used by that entity.(d) The board may charge compliance entities a reasonable fee necessary to cover the boards reasonable costs of administering and implementing this chapter.16153. The board shall quantify the cost of mitigating the contamination, if any, caused by the reported water discharges of each compliance entity. The board shall notify each compliance entity of the cost of mitigating their contamination and inform the compliance entity that it can elect to do one of the following:(a) (1) Have the board, in coordination with the Franchise Tax Board, impose, on the reporting compliance entitys annual tax bill, a surcharge for the cost of mitigating the compliance entitys contamination.(2) Revenues from the surcharge shall be deposited into the California Water Quality and Public Health Impact Fund, which is hereby created in the State Treasury. The moneys in the fund shall be used exclusively to mitigate the impacts of the contamination on waters of the state caused by the reported water discharges.(b) (1) Mitigate the contamination caused by the entitys reported water discharges.(2) If the compliance entity chooses to mitigate the contamination, the compliance entity shall submit a separate report to the board outlining the mitigation work completed and when the work was completed.16154. (a) The board may adopt regulations that authorize the board to seek administrative penalties for nonfiling, late filing, or other failures to meet the requirements of this chapter. The administrative penalties authorized by this section shall be imposed by the board and recovered by the Franchise Tax Board.(b) Penalties for noncompliance shall not exceed one million dollars ($1,000,000) in a reporting year. In imposing noncompliance penalties, the board shall consider all relevant circumstances and avoid maximum penalties for good faith errors. CHAPTER 28. California Water Quality and Public Health Protection Act16150. This chapter shall be known, and may be cited, as the California Water Quality and Public Health Protection Act.16151. For purposes of this chapter:(a) Compliance entity means any partnership, corporation, limited liability company, or other business entity formed under the laws of this state, the laws of any other state of the United States or the District of Columbia, or under the act of Congress with a minimum of 2,500 employees and that conducts business in California.(b) Reported water discharges means those water discharges included in the reports to the board by compliance entities pursuant to Section 16152.16152. (a) On or before August 1, 2025, the board shall establish regulations governing annual reporting by compliance entities regarding water discharges potentially impacting Californias water quality and public health.(b) The board shall establish boundaries governing reporting by compliance entities of location of water discharges that the board determines may impact the water quality of waters of the state, not to exceed 50 miles from the California border.(c) (1) Compliance entities shall submit a report to the board by June 1, 2026, and annually thereafter, on water discharges pursuant to the regulations established in subdivision (a) and disclose the locations of those water discharges.(2) The report shall include the compliance entitys name and any fictitious names, trade names, assumed names, and logos used by that entity.(d) The board may charge compliance entities a reasonable fee necessary to cover the boards reasonable costs of administering and implementing this chapter.16153. The board shall quantify the cost of mitigating the contamination, if any, caused by the reported water discharges of each compliance entity. The board shall notify each compliance entity of the cost of mitigating their contamination and inform the compliance entity that it can elect to do one of the following:(a) (1) Have the board, in coordination with the Franchise Tax Board, impose, on the reporting compliance entitys annual tax bill, a surcharge for the cost of mitigating the compliance entitys contamination.(2) Revenues from the surcharge shall be deposited into the California Water Quality and Public Health Impact Fund, which is hereby created in the State Treasury. The moneys in the fund shall be used exclusively to mitigate the impacts of the contamination on waters of the state caused by the reported water discharges.(b) (1) Mitigate the contamination caused by the entitys reported water discharges.(2) If the compliance entity chooses to mitigate the contamination, the compliance entity shall submit a separate report to the board outlining the mitigation work completed and when the work was completed.16154. (a) The board may adopt regulations that authorize the board to seek administrative penalties for nonfiling, late filing, or other failures to meet the requirements of this chapter. The administrative penalties authorized by this section shall be imposed by the board and recovered by the Franchise Tax Board.(b) Penalties for noncompliance shall not exceed one million dollars ($1,000,000) in a reporting year. In imposing noncompliance penalties, the board shall consider all relevant circumstances and avoid maximum penalties for good faith errors. CHAPTER 28. California Water Quality and Public Health Protection Act CHAPTER 28. California Water Quality and Public Health Protection Act 16150. This chapter shall be known, and may be cited, as the California Water Quality and Public Health Protection Act. 16150. This chapter shall be known, and may be cited, as the California Water Quality and Public Health Protection Act. 16151. For purposes of this chapter:(a) Compliance entity means any partnership, corporation, limited liability company, or other business entity formed under the laws of this state, the laws of any other state of the United States or the District of Columbia, or under the act of Congress with a minimum of 2,500 employees and that conducts business in California.(b) Reported water discharges means those water discharges included in the reports to the board by compliance entities pursuant to Section 16152. 16151. For purposes of this chapter: (a) Compliance entity means any partnership, corporation, limited liability company, or other business entity formed under the laws of this state, the laws of any other state of the United States or the District of Columbia, or under the act of Congress with a minimum of 2,500 employees and that conducts business in California. (b) Reported water discharges means those water discharges included in the reports to the board by compliance entities pursuant to Section 16152. 16152. (a) On or before August 1, 2025, the board shall establish regulations governing annual reporting by compliance entities regarding water discharges potentially impacting Californias water quality and public health.(b) The board shall establish boundaries governing reporting by compliance entities of location of water discharges that the board determines may impact the water quality of waters of the state, not to exceed 50 miles from the California border.(c) (1) Compliance entities shall submit a report to the board by June 1, 2026, and annually thereafter, on water discharges pursuant to the regulations established in subdivision (a) and disclose the locations of those water discharges.(2) The report shall include the compliance entitys name and any fictitious names, trade names, assumed names, and logos used by that entity.(d) The board may charge compliance entities a reasonable fee necessary to cover the boards reasonable costs of administering and implementing this chapter. 16152. (a) On or before August 1, 2025, the board shall establish regulations governing annual reporting by compliance entities regarding water discharges potentially impacting Californias water quality and public health. (b) The board shall establish boundaries governing reporting by compliance entities of location of water discharges that the board determines may impact the water quality of waters of the state, not to exceed 50 miles from the California border. (c) (1) Compliance entities shall submit a report to the board by June 1, 2026, and annually thereafter, on water discharges pursuant to the regulations established in subdivision (a) and disclose the locations of those water discharges. (2) The report shall include the compliance entitys name and any fictitious names, trade names, assumed names, and logos used by that entity. (d) The board may charge compliance entities a reasonable fee necessary to cover the boards reasonable costs of administering and implementing this chapter. 16153. The board shall quantify the cost of mitigating the contamination, if any, caused by the reported water discharges of each compliance entity. The board shall notify each compliance entity of the cost of mitigating their contamination and inform the compliance entity that it can elect to do one of the following:(a) (1) Have the board, in coordination with the Franchise Tax Board, impose, on the reporting compliance entitys annual tax bill, a surcharge for the cost of mitigating the compliance entitys contamination.(2) Revenues from the surcharge shall be deposited into the California Water Quality and Public Health Impact Fund, which is hereby created in the State Treasury. The moneys in the fund shall be used exclusively to mitigate the impacts of the contamination on waters of the state caused by the reported water discharges.(b) (1) Mitigate the contamination caused by the entitys reported water discharges.(2) If the compliance entity chooses to mitigate the contamination, the compliance entity shall submit a separate report to the board outlining the mitigation work completed and when the work was completed. 16153. The board shall quantify the cost of mitigating the contamination, if any, caused by the reported water discharges of each compliance entity. The board shall notify each compliance entity of the cost of mitigating their contamination and inform the compliance entity that it can elect to do one of the following: (a) (1) Have the board, in coordination with the Franchise Tax Board, impose, on the reporting compliance entitys annual tax bill, a surcharge for the cost of mitigating the compliance entitys contamination. (2) Revenues from the surcharge shall be deposited into the California Water Quality and Public Health Impact Fund, which is hereby created in the State Treasury. The moneys in the fund shall be used exclusively to mitigate the impacts of the contamination on waters of the state caused by the reported water discharges. (b) (1) Mitigate the contamination caused by the entitys reported water discharges. (2) If the compliance entity chooses to mitigate the contamination, the compliance entity shall submit a separate report to the board outlining the mitigation work completed and when the work was completed. 16154. (a) The board may adopt regulations that authorize the board to seek administrative penalties for nonfiling, late filing, or other failures to meet the requirements of this chapter. The administrative penalties authorized by this section shall be imposed by the board and recovered by the Franchise Tax Board.(b) Penalties for noncompliance shall not exceed one million dollars ($1,000,000) in a reporting year. In imposing noncompliance penalties, the board shall consider all relevant circumstances and avoid maximum penalties for good faith errors. 16154. (a) The board may adopt regulations that authorize the board to seek administrative penalties for nonfiling, late filing, or other failures to meet the requirements of this chapter. The administrative penalties authorized by this section shall be imposed by the board and recovered by the Franchise Tax Board. (b) Penalties for noncompliance shall not exceed one million dollars ($1,000,000) in a reporting year. In imposing noncompliance penalties, the board shall consider all relevant circumstances and avoid maximum penalties for good faith errors. It is the intent of the Legislature to enact legislation relating to pollution in the Tijuana River.