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Senate Bill No. 832
Passed the Senate  October 14, 2009
Secretary of the Senate
Passed the Assembly  September 11, 2009
Chief Clerk of the Assembly
This bill was received by the Governor this  dayof , 2009, at  o
’
clock 
m
.
Private Secretary of the Governor 
 
CHAPTERAn act to amend Sections 44501, 44502, 44506, 44507, 44508,44510, 44520, 44525, 44525.6, 44525.7, 44526, 44530, 44532,44534, 44536, 44537, 44542, 44543, 44545, 44550, 44552.5,44553, 44554, 44555, 44559.1, and 44559.4 of, and to repealSections 44525.5, 44533, 44535, 44546, and 44547 of, the Healthand Safety Code, to amend Sections 6206.5 and 41780 of the PublicResources Code, to amend Section 6010.10 of the Revenue andTaxation Code, and to amend Section 13476 of the Water Code,relating to resources, and declaring the urgency thereof, to takeeffect immediately.
legislative counsel
’
s digest
SB 832, Committee on Environmental Quality. Resources:California Pollution Control Financing Authority: public lands:solid waste diversion.(1)  The California Pollution Control Financing Authority Actestablishes the California Pollution Control Financing Authority,with speci
f
ed powers and duties, and authorizes the authority toapprove
f
nancing for projects or pollution control facilities toprevent or reduce environmental pollution.This bill would make various changes to the
f
nancial andadministrative provisions of the act. The bill would include stateagencies as eligible participating parties for
f
nancing, and wouldde
f
ne project or pollution control facility as speci
f
ed.The Sales and Use Tax Law imposes a tax on the gross receiptsfrom the sale of tangible personal property sold at retail in thisstate, or on the sales price of tangible personal property purchasedfrom a retailer for the storage, use, or other consumption of thatproperty in this state. That law de
f
nes the terms
“
sale
”
and
“
purchase
”
to exclude any transfer of title or any lease of tangiblepersonal property constituting any project or pollution controlfacility to, or by, the California Pollution Control FinancingAuthority, as speci
f
ed, when the transfer or lease is made pursuantto the California Pollution Control Financing Authority Act.
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SB 832
 
This bill would provide that the exclusion applies to projectsand pollution control facilities, as de
f
ned prior to the amendmentsto those de
f
nitions made by this act.(2)  Under existing law, the State Lands Commission has thepower to apply to the United States Department of the Interior forpatents to the numbered school sections in place, which have notbeen patented by the state.This bill would delete the condition that the numbered schoolsections to which this provision applies be those that have not beenpatented by the state.(3)  The California Integrated Waste Management Act of 1989,which is administered by the California Integrated WasteManagement Board, requires each city, county, and regionalagency, if any, to develop a source reduction and recycling elementof an integrated waste management plan containing speci
f
edcomponents. Those entities are required to divert, from disposalor transformation, 50% of the solid waste through source reduction,recycling, and composting subject to the element, except asspeci
f
ed.This bill would delete the condition that the solid waste subjectto source reduction, recycling, and composting under theseprovisions, be diverted from land
f
ll disposal or transformation.(4)  Existing law establishes the State Water Pollution ControlRevolving Fund Small Community Grant Fund in the StateTreasury. Money in the fund may be expended for grants forprojects that serve small communities, as de
f
ned, with prioritygiven to projects that serve severely disadvantaged communities.Existing law de
f
nes
“
severely disadvantaged community
”
forpurposes of the Safe Drinking Water, Water Quality and Supply,Flood Control, River and Coastal Protection Bond Act of 2006 asa community with a median household income of less than 60%of the statewide average.This bill would de
f
ne a severely disadvantaged community asa community with a median household income of less than 60%of the statewide median household income for purposes of theprovisions governing expenditure of moneys in the State WaterPollution Control Revolving Fund Small Community Grant Fund.(5)  The bill would make conforming changes.(6)  This bill would declare that it is to take effect immediatelyas an urgency statute.
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