AB166 - Public resources trailer bill.

Amended IN Senate June 26, 2026 CALIFORNIA LEGISLATURE— 2025–2026 REGULAR SESSION Assembly Bill No. 166 Introduced by Assembly Member Gabriel Committee on Budget (Assembly Members Gabriel (Chair), Addis, Ahrens, Alvarez, Bennett, Bonta, Caloza, Connolly, Fong, Haney, Hart, Jackson, Lee, Ortega, Patel, Petrie-Norris, Quirk-Silva, Ramos, Rogers, Schiavo, Schultz, Sharp-Collins, Solache, Stefani, Ward, and Wilson) January 08, 2025 An act relating to the Budget Act of 2025. to amend Sections 13157, 13159.8, and 25205.25 of, and to amend the heading of Article 9.1 (commencing with Section 25205.1) of Chapter 6.5 of Division 20 of, the Health and Safety Code, to amend Sections 14549.2 and 14581 of, and to add and repeal Section 14549.8 of, the Public Resources Code, and to amend Sections 43012, 43155, 43155.01, 43170, 43201, 43201.01, 43202, 43452, and 43507.5 of the Revenue and Taxation Code, relating to public resources, and making an appropriation therefor, to take effect immediately, bill related to the budget. LEGISLATIVE COUNSEL'S DIGEST AB 166, as amended, Committee on Budget. Budget Act of 2025. Public resources trailer bill. This bill would express the intent of the Legislature to enact statutory changes relating to the Budget Act of 2025. (1) The California Fire Service Training Act establishes the California Fire Service Training and Education Program in the Office of the State Fire Marshal. Existing law requires the State Fire Marshal, with policy guidance and advice from the State Board of Fire Services, to carry out the management of the program, including offering courses of study. Existing law separately establishes the California Fire and Arson Training Act, under which the State Fire Marshal is required to establish and validate recommended minimum standards for fire protection personnel and fire protection instructors, develop course curricula for arson, fire technology, and apprenticeship training, and develop, validate, update, copyright, and maintain security over a complete series of promotional examinations for fire protection personnel. Existing law authorizes the State Fire Marshal to establish and collect admission fees and other fees that may be necessary to be charged for seminars, conferences, and specialized training given pursuant to the California Fire and Arson Training Act, and for the implementation of the California Fire and Arson Training Act, only to the extent that state appropriations and other funding sources are insufficient to cover the necessary costs of those seminars, conferences, specialized training, and implementation. Existing law requires the admission fees and other fees collected to be paid into the California Fire and Arson Training Fund. This bill would instead authorize the State Fire Marshal to establish and collect those admission fees and other fees only to the extent that state appropriations from funding sources other than the fund are insufficient to cover the necessary costs of those seminars, conferences, and specialized training. (2) Existing hazardous waste control laws require the Department of Toxic Substances Control to regulate the handling and management of hazardous waste and hazardous materials. A violation of the hazardous waste control laws is a crime. Existing law authorizes the department and the California Department of Tax and Fee Administration (CDTFA) to continue to administer and collect a fee that was due and payable on or before June 30, 2022, for the disposal of hazardous waste that was disposed of on or before June 30, 2022. This bill would authorize the department and CDTFA to continue to administer and collect the fee if it was due and payable on or before September 30, 2022, rather than on or before June 30, 2022. Because the failure to pay the generation and handling fee would be a crime, the bill would impose a state-mandated local program. (3) The Hazardous Substances Tax Law requires a generator of hazardous waste to pay to CDTFA a generation and handling fee for each generator site, as defined, that generates hazardous waste, as specified. Existing law imposes a different generation and handling fee for specified projects. This bill would make various changes to the Hazardous Substances Tax Law, including, among other things, specifying that provisions that apply to the returns and payments of the generation and handling fee also apply to the above-described generation and handling fee for specified projects. Existing law imposes a penalty on a feepayer who willfully or knowingly provides incorrect information or withholds information that results in a deficient payment or nonpayment as determined by CDTFA. Existing law requires penalty determinations to be served within 3 years of the date the return was due or filed, as specified, except as specified. This bill would specify that the above-described penalty determination is based upon a preponderance of the evidence and would create a new exception to the 3-year deadline for willfully or knowingly providing incorrect information or withholding information. Existing law generally limits refunds for overpayments after 3 years, as specified. Existing law makes an exception to that limit for refunds of a facility fee if the taxpayer has paid or is being assessed a disposal or generation and handling fee for the same period and site, or vise versa. This bill would remove from that exception refunds of, or payment or assessment of, a disposal fee. By expanding the scope of the Hazardous Substances Tax Law, the violation of which is a crime, this bill would impose a state-mandated local program. (4) The California Beverage Container Recycling and Litter Reduction Act requires a distributor of beverage containers to pay to the Department of Resources Recycling and Recovery a redemption payment for every beverage container sold or offered for sale, as provided. The act requires the department to deposit those amounts into the California Beverage Container Recycling Fund. The act continuously appropriates the fund to the department for specified purposes, including, among others, to pay refund values, administrative fees, and processing payments associated with the collection and recycling of empty beverage containers. Until July, 1, 2027, the act authorizes the department to pay a market development payment not exceeding $150 per ton to a reclaimer for empty plastic beverage containers and to a product manufacturer for plastic flake, pellet, sheet, or other form of plastic purchased from a reclaimer, as provided. The act requires the department, in setting the amount of the market development payment, to consider the minimum funding level needed to encourage in-state washing and processing of, and manufacturing that uses processed plastic from, empty plastic beverage containers, as provided. The act also requires the department to consider the projected availability of funds for plastic market development payments and the desire to maintain the minimum funding level needed throughout the year. This bill would authorize the department to make these market development payments at a level not exceeding $250 per ton and extend the authorization to make market development payments until July 1, 2029. In setting the amount of the market development payment, the bill would require the department to consider incentive payments to encourage in-state washing and processing of, and manufacturing for a circular economy that uses processed plastic from, empty plastic beverage containers. The bill would also require the department to consider market conditions and pricing related to certain plastics, the quality of, and types of products manufactured from, plastic, and the overall benefit to the beverage container recycling program and advancing circularity in the state. The bill would require the department to determine eligibility for a market development payment based on market conditions. The bill would require a reclaimer or manufacturer to report to the department specified information to be eligible for a market development payment. The bill would require the department to aggregate and publish the reported information on its internet website. The bill would require the department to publish a report on its internet website regarding proposed methodologies for the verification of recycled plastic, as specified. The act continuously appropriates moneys from the fund through the 2025–26 fiscal year to the department for these market development payments. This bill would continuously appropriate money from the fund through the 2028–29 fiscal year to the department for these market development payments, as specified. The bill would authorize the department to establish a grant program to support plastic reclaimers and manufacturers operating in California that invest in equipment, facility operations, or other infrastructure necessary to process postconsumer plastic beverage containers and manufacture products using recycled plastic feedstock, as specified. (5) Existing constitutional provisions require that a statute that limits the right of access to the meetings of public bodies or the writings of public officials and agencies be adopted with findings demonstrating the interest protected by the limitation and the need for protecting that interest. (6) 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 a specified reason. This bill would make legislative findings to that effect. (7) This bill would declare that it is to take effect immediately as a bill providing for appropriations related to the Budget Bill. Digest Key Vote: MAJORITY Appropriation: NO YES Fiscal Committee: NO YES Local Program: NO YES Bill Text The people of the State of California do enact as follows: SECTION 1. Section 13157 of the Health and Safety Code is amended to read: 13157. The California Fire Service Training and Education Program is hereby established in the office Office of the State Fire Marshal. The State Fire Marshal, with policy guidance and advice from the State Board of Fire Services, shall carry out the management of the California Fire Service Training and Education Program and shall have the authority to do all of the following: (a) Promulgate and adopt rules and regulations necessary for implementation of the program. (b) Establish the courses of study and curriculum to be used in the program. (c) Establish prerequisites for the admission of personnel who attend courses offered in the program. (d) (1) Establish and collect admission fees and other fees that may be necessary to be charged for seminars, conferences, and specialized training given, consistent with the terms of paragraph (2). (2) The State Fire Marshal may establish and collect admission fees and other fees as described in paragraph (1) only to the extent that state appropriations and other from funding sources other than the California Fire and Arson Training Fund for those seminars, conferences, and specialized training are insufficient to cover the necessary costs of those seminars, conferences, and specialized training. (e) Collect those fees as may be established pursuant to subdivision (e) of Section 13159.8. SEC. 2. Section 13159.8 of the Health and Safety Code is amended to read: 13159.8. The State Fire Marshal, with policy guidance and advice from the State Board of Fire Services, shall: shall do all of the following: (a) Establish and validate recommended minimum standards for fire protection personnel and fire protection instructors at all career levels. (b) Develop course curricula for arson, fire technology, and apprenticeship training for use in academies, colleges, and other educational institutions. (c) Develop, validate, update, copyright, and maintain security over a complete series of promotional examinations based on the minimum standards established pursuant to subdivision (a). (d) Have the authority to make the examinations developed pursuant to subdivision (c) available to any agency of the state, to any political subdivision within the state, or to any other testing organization, as the State Fire Marshal deems appropriate. (e) (1) Establish any fees that are necessary to implement this section, consistent with the terms of paragraph (2). However, the State Fire Marshal shall not establish or collect any fees for training classes provided by the State Fire Marshal to fire protection personnel relating to state laws and regulation regulations that local fire services are authorized or required to enforce. (2) The State Fire Marshal may establish fees pursuant to paragraph (1) only to the extent that state appropriations and other from funding sources other than the California Fire and Arson Training Fund for the purposes of implementing this section are insufficient to cover the necessary costs of implementing this section. (f) Promote, sponsor, and administer the California Fire Academy System. (g) Establish procedures for seeking, accepting, and administering gifts and grants for use in implementing the intents and purposes of the California Fire and Arson Training Act. (h) The recommended minimum standards established pursuant to subdivision (a) shall not apply to any agency of the state or any agency of any political subdivision within the state unless that agency elects to be subject to these standards. SEC. 3. The heading of Article 9.1 (commencing with Section 25205.1) of Chapter 6.5 of Division 20 of the Health and Safety Code is amended to read: Article 9.1. Facilities and Generator Hazardous Waste Fees SEC. 4. Section 25205.25 of the Health and Safety Code is amended to read: 25205.25. (a) The Legislature hereby finds and declares that changes made to the imposition and administration of the disposal fee, generator fee, and transportable treatment unit fee set forth in Sections 28, 53, 54, and 64 of Chapter 73 of the Statutes of 2021 were not intended to repeal the authority for the Department of Toxic Substances Control and the California Department of Tax and Fee Administration to continue to administer and collect those fees. (b) The disposal fee that was imposed pursuant to Section 25174.1, as that section read on December 31, 2022, for hazardous waste disposed of on or before June 30, 2022, that was due and payable on or before June September 30, 2022, shall continue to be administered and collected. (c) The generator fee that was imposed pursuant to Section 25205.5, as that section read on December 31, 2021, for hazardous waste generated on or before December 31, 2021, that was due and payable on or before February 28, 2022, shall continue to be administered and collected. (d) The transportable treatment unit fee imposed pursuant to Section 25205.14, as that section read [Text truncated for display. Full text available on Congress.gov.]