Business licenses: stormwater discharge compliance.
Summary
(1) Existing law requires, 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, as defined, to demonstrate enrollment with the National Pollutant Discharge Elimination System (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, and an applicable identification number, as specified. Existing law applies these provisions to all applications for initial business licenses and business license renewals submitted on and after January 1, 2020. This bill would expand the application of these provisions to instruments or permits equivalent to business licenses and to the renewals of those equivalent instruments or permits. By expanding the crime of perjury and by expanding the duties of cities and counties relative to those equivalent instruments or permits, the bill would impose a state-mandated local program. Existing law, the California Public Records Act, requires all records to be open to inspection and provides that every person has a right to inspect any public record, except public records exempt from disclosure by express provisions of law. This bill would require the city or county to make the applicable identification number available to the public upon request, as provided. (2) Under existing law, the Porter-Cologne Water Quality Control Act, the State Water Resources Control Board and the California regional water quality control boards are the principal state agencies with responsibility for the coordination and control of water quality in the state. The act, with certain exceptions, requires a waste discharger to file certain information with the appropriate regional board. Existing law, the Storm Water Enforcement Act of 1998, dischargers exempt from NPDES permitting requirements, as defined, are required to obtain "notice of nonapplicability" (NONA) identification numbers or "no exposure certification" (NEC) identification numbers, as issued by the State Water Resources Control Board, to signify that stormwater discharge requirements do not apply to their facilities or that the federal government has certified the stormwater they discharge has not been exposed to industrial materials. Existing law requires the State Water Resources Control Board and the California regional water quality control boards to regulate water quality throughout the state, including by collecting reports of stormwater discharge activities from dischargers. Existing law, the Cross-Media Electronic Reporting Rule issued by the United States Environmental Protection Agency (EPA) , facilitates e-reporting for information systems that receive reports and other documents electronically for EPA-authorized programs, including receiving information of discharge compliance from dischargers. Existing law authorizes the State Water Resources Control Board to implement these provisions, including by creating a database of compliance reports from dischargers, such as the Stormwater Multiple Application and Report Tracking System. This bill would require, on or before June 1, 2023, the state board to require all recipients of a NONA identification number or NEC identification number issued for a facility by the state board on or after January 1, 2020, to upload all pertinent information used to seek a NONA or NEC to the state board's Stormwater Multiple Application and Report Tracking System database. 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.
Bill status
signed
all 5 stages cleared
Introduction
Jan 2022
Committee Review
Aug 2022
Senate Passage
May 2022
Assembly Passage
Aug 2022
Signed into Law
Sep 2022
Introduced Jan 31, 2022
Signed Sep 28, 2022
Floor votes · Senate May 23, 2022 · Assembly Aug 15, 2022
How they voted
27–2
Passed · 11 other
Total votes 40
May 23, 2022
D
Democratic31
87% Yea
R
Republican9
11% Nay
Vote distribution
All Yea
All Nay
Mixed
No data
Full legislative history
Actions timeline
Total actions
35
Key actions
14
Committee
10
Amendments
6
Sep 28, 2022
Signed into law
Approved by the Governor.
legislature
Aug 23, 2022
Upper · Passed
Assembly amendments concurred in. (Ayes 31. Noes 4. Page 5021.) Ordered to engrossing and enrolling.
upper
Aug 15, 2022
Introduced
In Senate. Concurrence in Assembly amendments pending.
upper
Aug 15, 2022
Lower · Passed
Read third time. Passed. (Ayes 62. Noes 5. Page 5886.) Ordered to the Senate.
lower
Aug 8, 2022
Lower · Passed
Read third time and amended.
lower
Aug 3, 2022
Lower · Passed
From committee: Do pass. (Ayes 12. Noes 2.) (August 3).
lower
Jun 29, 2022
Lower · Passed
From committee: Do pass and re-refer to Com. on APPR. (Ayes 6. Noes 0.) (June 29). Re-referred to Com. on APPR.
lower
Jun 21, 2022
Lower · Passed
From committee with author's amendments. Read second time and amended. Re-referred to Com. on L. GOV.
lower
Jun 15, 2022
Lower · Passed
From committee: Do pass and re-refer to Com. on L. GOV. (Ayes 8. Noes 1.) (June 14). Re-referred to Com. on L. GOV.
lower
May 27, 2022
Committee
Referred to Coms. on E.S. & T.M. and L. GOV.
lower
May 23, 2022
Upper · Passed
Read third time. Passed. (Ayes 27. Noes 2. Page 3833.) Ordered to the Assembly.
upper
May 18, 2022
Upper · Passed
Read third time and amended.
upper
May 16, 2022
Upper · Passed
From committee: Be ordered to second reading pursuant to Senate Rule 28.8.
upper
Apr 28, 2022
Upper · Passed
From committee: Do pass and re-refer to Com. on APPR. (Ayes 5. Noes 0. Page 3540.) (April 27). Re-referred to Com. on APPR.
upper
Mar 31, 2022
Upper · Passed
From committee: Do pass and re-refer to Com. on E.Q. (Ayes 5. Noes 0. Page 3292.) (March 31). Re-referred to Com. on E.Q.
upper
Mar 18, 2022
Committee
Referral to Com. on JUD. rescinded because of the limitations placed on committee hearings due to ongoing health and safety risks of the COVID-19 virus.
upper
Mar 17, 2022
Committee
Re-referred to Coms. on GOV. & F., E.Q., and JUD.
upper
Mar 9, 2022
Upper · Passed
From committee with author's amendments. Read second time and amended. Re-referred to Com. on RLS.
upper
Feb 9, 2022
Committee
Referred to Com. on RLS.
upper
Jan 31, 2022
Introduced
Introduced. Read first time. To Com. on RLS. for assignment. To print.
upper
1 primary · 0 co-sponsors
Sponsors
Role
Legislator
Party
State
District
P
Robert M. Hertzberg
DDemocratic
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