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| 1 | + | Amended IN Senate April 29, 2024 Amended IN Senate April 04, 2024 Amended IN Senate March 18, 2024 CALIFORNIA LEGISLATURE 20232024 REGULAR SESSION Senate Bill No. 1178Introduced by Senator Padilla(Coauthor: Assembly Member Alvarez)February 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. 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 require the board to, on or before August 1, 2025, establish regulations governing annual reporting by compliance entities, as defined, regarding water waste 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 waste 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 waste 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 waste discharges, or to have the board impose 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 waste 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. The bill would exempt from these provisions certain discharge requirements prescribed by the state board or a regional board and permits issued by a state in accordance with a program approved by the United States Environmental Protection Agency pursuant to the federal Clean Water Act.Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: YES Local Program: NO Bill TextThe people of the State of California do enact as follows:SECTION 1. 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 waste discharges means those water waste 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 waste discharges potentially impacting Californias water quality and public health.(b) The board shall establish boundaries governing reporting by compliance entities of location of water waste 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 waste discharges pursuant to the regulations established in subdivision (a) and disclose the locations of those water waste 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 waste 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 impose 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 waste discharges.(b) (1) Mitigate the contamination caused by the entitys reported water waste 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.(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.16155. This chapter does not apply to any discharge requirements prescribed by the state board or regional board pursuant to Article 4 (commencing with Section 13260) of Chapter 4 or Chapter 5.5 (commencing with Section 13370) or a permit issued by a state in accordance with a program approved by the United States Environmental Protection Agency pursuant to Section 402 (33 U.S.C. Sec. 1342) of the federal Clean Water Act (33 U.S.C. Sec. 1251 et seq.). | |
| 2 | 2 | ||
| 3 | - | ||
| 3 | + | Amended IN Senate April 29, 2024 Amended IN Senate April 04, 2024 Amended IN Senate March 18, 2024 CALIFORNIA LEGISLATURE 20232024 REGULAR SESSION Senate Bill No. 1178Introduced by Senator Padilla(Coauthor: Assembly Member Alvarez)February 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. 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 require the board to, on or before August 1, 2025, establish regulations governing annual reporting by compliance entities, as defined, regarding water waste 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 waste 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 waste 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 waste discharges, or to have the board impose 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 waste 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. The bill would exempt from these provisions certain discharge requirements prescribed by the state board or a regional board and permits issued by a state in accordance with a program approved by the United States Environmental Protection Agency pursuant to the federal Clean Water Act.Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: YES Local Program: NO | |
| 4 | 4 | ||
| 5 | - | ||
| 5 | + | Amended IN Senate April 29, 2024 Amended IN Senate April 04, 2024 Amended IN Senate March 18, 2024 | |
| 6 | 6 | ||
| 7 | - | Amended IN Assembly June 17, 2024 | |
| 8 | 7 | Amended IN Senate April 29, 2024 | |
| 9 | 8 | Amended IN Senate April 04, 2024 | |
| 10 | 9 | Amended IN Senate March 18, 2024 | |
| 11 | 10 | ||
| 12 | 11 | CALIFORNIA LEGISLATURE 20232024 REGULAR SESSION | |
| 13 | 12 | ||
| 14 | 13 | Senate Bill | |
| 15 | 14 | ||
| 16 | 15 | No. 1178 | |
| 17 | 16 | ||
| 18 | 17 | Introduced by Senator Padilla(Coauthor: Assembly Member Alvarez)February 14, 2024 | |
| 19 | 18 | ||
| 20 | 19 | Introduced by Senator Padilla(Coauthor: Assembly Member Alvarez) | |
| 21 | 20 | February 14, 2024 | |
| 22 | 21 | ||
| 23 | 22 | An act to add Chapter 28 (commencing with Section 16150) to Division 7 of the Water Code, relating to water quality. | |
| 24 | 23 | ||
| 25 | 24 | LEGISLATIVE COUNSEL'S DIGEST | |
| 26 | 25 | ||
| 27 | 26 | ## LEGISLATIVE COUNSEL'S DIGEST | |
| 28 | 27 | ||
| 29 | 28 | SB 1178, as amended, Padilla. California Water Quality and Public Health Protection Act. | |
| 30 | 29 | ||
| 31 | - | 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 require the board to, on or before August 1, 2025, establish regulations governing annual reporting by compliance entities, as defined, regarding waste discharges, as provided. The bill would require compliance entities to submit a report to the board by June 1, 2026, and annually thereafter on waste 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 waste 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 waste discharges, or to have the board impose 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 | |
| 30 | + | 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 require the board to, on or before August 1, 2025, establish regulations governing annual reporting by compliance entities, as defined, regarding water waste 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 waste 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 waste 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 waste discharges, or to have the board impose 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 waste 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. The bill would exempt from these provisions certain discharge requirements prescribed by the state board or a regional board and permits issued by a state in accordance with a program approved by the United States Environmental Protection Agency pursuant to the federal Clean Water Act. | |
| 32 | 31 | ||
| 33 | 32 | 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. | |
| 34 | 33 | ||
| 35 | - | This bill would require the board to, on or before August 1, 2025, establish regulations governing annual reporting by compliance entities, as defined, regarding waste discharges, as provided. The bill would require compliance entities to submit a report to the board by June 1, 2026, and annually thereafter on waste 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 waste 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 waste discharges, or to have the board impose 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 | |
| 34 | + | 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 waste 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 waste 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 waste 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 waste discharges, or to have the board impose 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 waste 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. The bill would exempt from these provisions certain discharge requirements prescribed by the state board or a regional board and permits issued by a state in accordance with a program approved by the United States Environmental Protection Agency pursuant to the federal Clean Water Act. | |
| 36 | 35 | ||
| 37 | 36 | ## Digest Key | |
| 38 | 37 | ||
| 39 | 38 | ## Bill Text | |
| 40 | 39 | ||
| 41 | - | 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 waste discharges means those waste 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 | |
| 40 | + | 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 waste discharges means those water waste 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 waste discharges potentially impacting Californias water quality and public health.(b) The board shall establish boundaries governing reporting by compliance entities of location of water waste 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 waste discharges pursuant to the regulations established in subdivision (a) and disclose the locations of those water waste 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 waste 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 impose 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 waste discharges.(b) (1) Mitigate the contamination caused by the entitys reported water waste 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.(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.16155. This chapter does not apply to any discharge requirements prescribed by the state board or regional board pursuant to Article 4 (commencing with Section 13260) of Chapter 4 or Chapter 5.5 (commencing with Section 13370) or a permit issued by a state in accordance with a program approved by the United States Environmental Protection Agency pursuant to Section 402 (33 U.S.C. Sec. 1342) of the federal Clean Water Act (33 U.S.C. Sec. 1251 et seq.). | |
| 42 | 41 | ||
| 43 | 42 | The people of the State of California do enact as follows: | |
| 44 | 43 | ||
| 45 | 44 | ## The people of the State of California do enact as follows: | |
| 46 | 45 | ||
| 47 | - | 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 waste discharges means those waste 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 | |
| 46 | + | 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 waste discharges means those water waste 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 waste discharges potentially impacting Californias water quality and public health.(b) The board shall establish boundaries governing reporting by compliance entities of location of water waste 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 waste discharges pursuant to the regulations established in subdivision (a) and disclose the locations of those water waste 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 waste 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 impose 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 waste discharges.(b) (1) Mitigate the contamination caused by the entitys reported water waste 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.(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.16155. This chapter does not apply to any discharge requirements prescribed by the state board or regional board pursuant to Article 4 (commencing with Section 13260) of Chapter 4 or Chapter 5.5 (commencing with Section 13370) or a permit issued by a state in accordance with a program approved by the United States Environmental Protection Agency pursuant to Section 402 (33 U.S.C. Sec. 1342) of the federal Clean Water Act (33 U.S.C. Sec. 1251 et seq.). | |
| 48 | 47 | ||
| 49 | 48 | SECTION 1. Chapter 28 (commencing with Section 16150) is added to Division 7 of the Water Code, to read: | |
| 50 | 49 | ||
| 51 | 50 | ### SECTION 1. | |
| 52 | 51 | ||
| 53 | - | 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 waste discharges means those waste 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 | |
| 52 | + | 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 waste discharges means those water waste 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 waste discharges potentially impacting Californias water quality and public health.(b) The board shall establish boundaries governing reporting by compliance entities of location of water waste 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 waste discharges pursuant to the regulations established in subdivision (a) and disclose the locations of those water waste 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 waste 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 impose 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 waste discharges.(b) (1) Mitigate the contamination caused by the entitys reported water waste 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.(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.16155. This chapter does not apply to any discharge requirements prescribed by the state board or regional board pursuant to Article 4 (commencing with Section 13260) of Chapter 4 or Chapter 5.5 (commencing with Section 13370) or a permit issued by a state in accordance with a program approved by the United States Environmental Protection Agency pursuant to Section 402 (33 U.S.C. Sec. 1342) of the federal Clean Water Act (33 U.S.C. Sec. 1251 et seq.). | |
| 54 | 53 | ||
| 55 | - | 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 waste discharges means those waste 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 | |
| 54 | + | 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 waste discharges means those water waste 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 waste discharges potentially impacting Californias water quality and public health.(b) The board shall establish boundaries governing reporting by compliance entities of location of water waste 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 waste discharges pursuant to the regulations established in subdivision (a) and disclose the locations of those water waste 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 waste 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 impose 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 waste discharges.(b) (1) Mitigate the contamination caused by the entitys reported water waste 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.(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.16155. This chapter does not apply to any discharge requirements prescribed by the state board or regional board pursuant to Article 4 (commencing with Section 13260) of Chapter 4 or Chapter 5.5 (commencing with Section 13370) or a permit issued by a state in accordance with a program approved by the United States Environmental Protection Agency pursuant to Section 402 (33 U.S.C. Sec. 1342) of the federal Clean Water Act (33 U.S.C. Sec. 1251 et seq.). | |
| 56 | 55 | ||
| 57 | 56 | CHAPTER 28. California Water Quality and Public Health Protection Act | |
| 58 | 57 | ||
| 59 | 58 | CHAPTER 28. California Water Quality and Public Health Protection Act | |
| 60 | 59 | ||
| 61 | 60 | 16150. This chapter shall be known, and may be cited, as the California Water Quality and Public Health Protection Act. | |
| 62 | 61 | ||
| 63 | 62 | ||
| 64 | 63 | ||
| 65 | 64 | 16150. This chapter shall be known, and may be cited, as the California Water Quality and Public Health Protection Act. | |
| 66 | 65 | ||
| 67 | - | 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 waste discharges means those waste discharges included in the reports to the board by compliance entities pursuant to Section 16152. | |
| 66 | + | 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 waste discharges means those water waste discharges included in the reports to the board by compliance entities pursuant to Section 16152. | |
| 68 | 67 | ||
| 69 | 68 | ||
| 70 | 69 | ||
| 71 | 70 | 16151. For purposes of this chapter: | |
| 72 | 71 | ||
| 73 | 72 | (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. | |
| 74 | 73 | ||
| 75 | - | (b) Reported waste discharges means those waste discharges included in the reports to the board by compliance entities pursuant to Section 16152. | |
| 74 | + | (b) Reported water waste discharges means those water waste discharges included in the reports to the board by compliance entities pursuant to Section 16152. | |
| 76 | 75 | ||
| 77 | - | 16152. (a) On or before August 1, 2025, the board shall establish regulations governing annual reporting by compliance entities regarding | |
| 76 | + | 16152. (a) On or before August 1, 2025, the board shall establish regulations governing annual reporting by compliance entities regarding water waste discharges potentially impacting Californias water quality and public health.(b) The board shall establish boundaries governing reporting by compliance entities of location of water waste 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 waste discharges pursuant to the regulations established in subdivision (a) and disclose the locations of those water waste 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. | |
| 78 | 77 | ||
| 79 | 78 | ||
| 80 | 79 | ||
| 81 | - | 16152. (a) On or before August 1, 2025, the board shall establish regulations governing annual reporting by compliance entities regarding | |
| 80 | + | 16152. (a) On or before August 1, 2025, the board shall establish regulations governing annual reporting by compliance entities regarding water waste discharges potentially impacting Californias water quality and public health. | |
| 82 | 81 | ||
| 83 | - | (b)The board shall establish boundaries governing reporting by compliance entities of location of waste discharges that the board determines may impact the water quality of waters of the state, not to exceed 50 miles from the California border. | |
| 82 | + | (b) The board shall establish boundaries governing reporting by compliance entities of location of water waste discharges that the board determines may impact the water quality of waters of the state, not to exceed 50 miles from the California border. | |
| 83 | + | ||
| 84 | + | (c) (1) Compliance entities shall submit a report to the board by June 1, 2026, and annually thereafter, on water waste discharges pursuant to the regulations established in subdivision (a) and disclose the locations of those water waste discharges. | |
| 85 | + | ||
| 86 | + | (2) The report shall include the compliance entitys name and any fictitious names, trade names, assumed names, and logos used by that entity. | |
| 87 | + | ||
| 88 | + | (d) The board may charge compliance entities a reasonable fee necessary to cover the boards reasonable costs of administering and implementing this chapter. | |
| 89 | + | ||
| 90 | + | 16153. The board shall quantify the cost of mitigating the contamination, if any, caused by the reported water waste 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 impose 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 waste discharges.(b) (1) Mitigate the contamination caused by the entitys reported water waste 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. | |
| 84 | 91 | ||
| 85 | 92 | ||
| 86 | 93 | ||
| 87 | - | (c) | |
| 94 | + | 16153. The board shall quantify the cost of mitigating the contamination, if any, caused by the reported water waste 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: | |
| 95 | + | ||
| 96 | + | (a) (1) Have the board impose a surcharge for the cost of mitigating the compliance entitys contamination. | |
| 97 | + | ||
| 98 | + | (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 waste discharges. | |
| 99 | + | ||
| 100 | + | (b) (1) Mitigate the contamination caused by the entitys reported water waste discharges. | |
| 101 | + | ||
| 102 | + | (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. | |
| 103 | + | ||
| 104 | + | 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.(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. | |
| 88 | 105 | ||
| 89 | 106 | ||
| 90 | 107 | ||
| 91 | - | (b) (1) Compliance entities shall submit a report to the board by June 1, 2026, and annually thereafter, on waste discharges pursuant to the regulations established in subdivision (a) and disclose the locations of those waste discharges. | |
| 92 | - | ||
| 93 | - | (2) The report shall include the compliance entitys name and any fictitious names, trade names, assumed names, and logos used by that entity. | |
| 94 | - | ||
| 95 | - | (3) The board shall regularly post reports filed pursuant to this subdivision on its internet website and make them publicly available in a format designed to clearly inform the public of the waste discharges affecting their communities. | |
| 96 | - | ||
| 97 | - | (d) | |
| 98 | - | ||
| 99 | - | ||
| 100 | - | ||
| 101 | - | (c) The board may charge compliance entities a reasonable fee necessary to cover the boards reasonable costs of administering and implementing this chapter. | |
| 102 | - | ||
| 103 | - | ||
| 104 | - | ||
| 105 | - | The board shall quantify the cost of mitigating the contamination, if any, caused by the reported waste 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: | |
| 106 | - | ||
| 107 | - | ||
| 108 | - | ||
| 109 | - | (a)(1)Have the board impose a surcharge for the cost of mitigating the compliance entitys contamination. | |
| 110 | - | ||
| 111 | - | ||
| 112 | - | ||
| 113 | - | (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 waste discharges. | |
| 114 | - | ||
| 115 | - | ||
| 116 | - | ||
| 117 | - | (b)(1)Mitigate the contamination caused by the entitys reported waste discharges. | |
| 118 | - | ||
| 119 | - | ||
| 120 | - | ||
| 121 | - | (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. | |
| 122 | - | ||
| 123 | - | ||
| 124 | - | ||
| 125 | - | 16153. Within three months of reporting to the board waste discharges that affect the quality of the water of the state within any region, any compliance entity not exempt under Section 16155 shall prominently label any product sold in California whose production resulted in waste discharge contaminating Californias water quality with the following warning label that is at least inch in height: Warning: The creation of this product contributed to the contamination of California water quality potentially threatening the health and safety of its residents. | |
| 126 | - | ||
| 127 | - | ||
| 128 | - | ||
| 129 | - | 16153. Within three months of reporting to the board waste discharges that affect the quality of the water of the state within any region, any compliance entity not exempt under Section 16155 shall prominently label any product sold in California whose production resulted in waste discharge contaminating Californias water quality with the following warning label that is at least inch in height: Warning: The creation of this product contributed to the contamination of California water quality potentially threatening the health and safety of its residents. | |
| 130 | - | ||
| 131 | - | 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. board and 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 waste discharge.(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. | |
| 132 | - | ||
| 133 | - | ||
| 134 | - | ||
| 135 | - | 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. board and 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 waste discharge. | |
| 108 | + | 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. | |
| 136 | 109 | ||
| 137 | 110 | (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. | |
| 138 | 111 | ||
| 139 | 112 | 16155. This chapter does not apply to any discharge requirements prescribed by the state board or regional board pursuant to Article 4 (commencing with Section 13260) of Chapter 4 or Chapter 5.5 (commencing with Section 13370) or a permit issued by a state in accordance with a program approved by the United States Environmental Protection Agency pursuant to Section 402 (33 U.S.C. Sec. 1342) of the federal Clean Water Act (33 U.S.C. Sec. 1251 et seq.). | |
| 140 | 113 | ||
| 141 | 114 | ||
| 142 | 115 | ||
| 143 | 116 | 16155. This chapter does not apply to any discharge requirements prescribed by the state board or regional board pursuant to Article 4 (commencing with Section 13260) of Chapter 4 or Chapter 5.5 (commencing with Section 13370) or a permit issued by a state in accordance with a program approved by the United States Environmental Protection Agency pursuant to Section 402 (33 U.S.C. Sec. 1342) of the federal Clean Water Act (33 U.S.C. Sec. 1251 et seq.). |