AB 1526 California Assembly · 2023-2024 Regular Session

Public resources.

Summary
(1) Existing law requires the Department of Conservation, in consultation with the State Water Resources Control Board, to provide to the fiscal and relevant policy committees of the Legislature an annual report regarding certain aspects of the implementation of the Underground Injection Control Program until October 1, 2024. This bill would make these provisions inoperative on October 1, 2029, and would repeal them as of January 1, 2030. (2) Existing law requires the Geologic Energy Management Division in the Department of Conservation, in consultation with the State Air Resources Board, to initiate a study to be conducted by independent experts of fugitive emissions from idle, idle-deserted, and abandoned wells in the state, as provided. Existing law requires oil and gas operators with wells selected for purposes of sampling under these provisions to (1) make reasonable efforts to permit access to the wells to the division and the independent experts contracted to undertake the study if adequate notice is provided to the operator to ensure appropriate safety precautions are taken at the well site, and (2) submit to the division a certification stating that no action was taken to reduce emissions from the sampling site within 72 hours of the sampling taking place so as to reduce the value of measurements taken. A violation of these requirements is a crime. Existing law requires the department, on or before January 1, 2022, to post all results of testing conducted pursuant to the study on the department's internet website in a machine-readable format. Existing law requires the independent experts contracted to undertake the study, on or before July 1, 2022, to complete a peer-reviewed written document that includes specified elements. Existing law requires the division, on or before January 1, 2023, to make the results of the study, as per the required written document, available on its internet website. Existing law repeals these provisions on January 1, 2024. This bill would extend the operation of these provisions until January 1, 2029. The bill would change the deadline for the department to post all results of the testing on its internet website from January 1, 2022, to January 1, 2026. The bill would change the deadline for independent experts contracted to undertake the study to complete the written document from July 1, 2022, to July 1, 2026. The bill would change the deadline for the division to make the results of the study available on its internet website from January 1, 2023, to January 1, 2028. By extending provisions that the violation of which is a crime, this bill would impose a state-mandated local program. (3) The Z'berg-Nejedly Forest Practice Act of 1973 prohibits a person from conducting timber operations, as defined, unless a timber harvesting plan prepared by a registered professional forester has been submitted to the Department of Forestry and Fire Protection. The act authorizes the State Board of Forestry and Fire Protection to exempt from some or all of those provisions of the act a person engaging in specified forest management activities, as prescribed, including the one-time conversion of less than 3 acres to a nontimber use, as specified. This bill would authorize the board to adopt regulations for a waiver of the one-time limitation, as specified, including a process for an appeal of a denial of a waiver. (4) The Plastic Pollution Prevention and Packaging Producer Responsibility Act covers certain single-use packaging and plastic single-use food service ware, as provided. As part of its comprehensive statutory scheme, the act requires producers of those covered materials to reduce and recycle the covered plastic material and to ensure that covered materials that are offered for sale, distributed, or imported in or into the state on or after January 1, 2032, are recyclable or compostable, as provided. The act prohibits a producer from selling, offering for sale, importing, or distributing covered materials in the state unless the producer is approved to participate in the producer responsibility plan of a producer responsibility organization (PRO) , as prescribed, for the source reduction, collection, processing, and recycling of covered material, except as provided. The act requires the producer responsibility plan to include certain information, including, but not limited to, arrangements with processors or recyclers to ensure that covered materials that are not collected through a curbside collection program are collected and recycled at a viable responsible end market. This bill would instead require a producer responsibility plan to include arrangements with processors or recyclers to ensure that covered materials that are not collected through a curbside collection program or other local collection program are collected and recycled at a viable responsible end market. The bill would require the producer responsibility plan to include a mechanism and schedule for transferring specified fee proceeds to local jurisdictions. The bill would make technical amendments and other revisions to certain components of the act. The act defines "covered material" to include, among others, wraps or wrappers and bags sold to food service establishments. This bill would instead include as "covered material" wraps or wrappers and bags used in the packaging of food offered for sale or provided to customers by food service establishments. The act requires a PRO, commencing in the 2027 calendar year, and until January 1, 2037, to remit a $500,000,000 surcharge each year, as provided, to the California Department of Tax and Fee Administration (CDTFA) to be deposited into the California Plastic Pollution Mitigation Fund. The act requires the Department of Resources Recycling and Recovery to transmit to the CDTFA by March 1 of each year specified information regarding who is liable for the surcharge and in what amounts. The act requires the surcharge be paid 30 days from the date of CDTFA's assessment. The act requires a producer that is not in a PRO to pay the surcharge on July 1 of each year. This bill would recast the surcharge as the "environmental mitigation surcharge." The bill would delete the July 1 date for the requirement for a producer not in a PRO to pay the environmental mitigation surcharge. The bill would instead require the CDTFA to mail to each person liable for the environmental mitigation surcharge a notice of determination within 90 days of receiving from the Department of Resources Recycling and Recovery the information regarding who is liable for the environmental mitigation surcharge and the amounts to be assessed. (5) The California Integrated Waste Management Act of 1989 establishes the architectural paint recovery program, under which a manufacturer of architectural paint is required, individually or through a stewardship organization, to submit an architectural paint stewardship plan to the Department of Resources Recycling and Recovery to develop and implement a recovery program to reduce the generation of postconsumer architectural paint, promote the reuse of postconsumer architectural paint, and manage the end of life of postconsumer architectural paint. Existing law excludes from the program aerosol spray paint. Existing law requires a manufacturer of architectural paint or a stewardship organization to submit to the department on or before November 1 of each year a report describing its architectural paint recovery efforts. This bill would, among other things, eliminate the exemption from the program of aerosol spray paint and would provide that architectural paint includes aerosol coating products, as defined. The bill would specify that aerosol coating products shall not be regulated under the program until the implementation date of a plan or plan amendment concerning aerosol coating products approved by the department or January 1, 2027, whichever occurs sooner, and would authorize the department to extend that implementation date. The bill would require, on or before July 1, 2026, a manufacturer or stewardship organization to submit an architectural paint stewardship plan or amendment to an approved architectural paint stewardship plan to the department. The bill would change the due date for the annual report to on or before May 15 of each year, would require certain information included in the annual report to be reported based on calendar year, and, commencing with the 2028 report, would require the annual report to include certain information on aerosol coating products. The bill would authorize the department, in coordination with the Department of Toxic Substances Control, to adopt regulations to clarify and implement the architectural paint recovery program. (6) This bill would incorporate additional changes to Section 42041 of the Public Resources Code proposed by SB 303 to be operative only if this bill and SB 303 are enacted and this bill is enacted last. (7) 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.
Bill status signed all 5 stages cleared
Introduction
Feb 2023
Committee Review
Sep 2023
Assembly Passage
May 2023
Senate Passage
Sep 2023
Signed into Law
Oct 2023
Introduced Feb 17, 2023 Signed Oct 13, 2023
Floor votes · Senate Sep 13, 2023 · Assembly May 18, 2023

How they voted

39–0
Passed · 1 other
Total votes 40
Sep 13, 2023
D Democratic31
30 Yea 1
96% Yea
R Republican9
9 Yea
100% Yea
Vote distribution
All Yea All Nay Mixed No data
Full legislative history

Actions timeline

Total actions
31
Key actions
13
Committee
12
Amendments
9
Oct 13, 2023
Signed into law
Approved by the Governor.
legislature
Sep 13, 2023
Lower · Passed
Senate amendments concurred in. To Engrossing and Enrolling. (Ayes 78. Noes 0. Page 3478.).
lower
Sep 13, 2023
Introduced
In Assembly. Concurrence in Senate amendments pending.
lower
Sep 13, 2023
Upper · Passed
Read third time. Passed. Ordered to the Assembly. (Ayes 39. Noes 0. Page 2707.).
upper
Sep 8, 2023
Upper · Passed
Read third time and amended. Ordered to second reading.
upper
Sep 1, 2023
Upper · Passed
From committee: Do pass. (Ayes 7. Noes 0.) (September 1).
upper
Aug 14, 2023
Committee
In committee: Referred to APPR suspense file.
upper
Jul 12, 2023
Upper · Passed
From committee: Do pass and re-refer to Com. on APPR with recommendation: To Consent Calendar. (Ayes 7. Noes 0.) (July 12). Re-referred to Com. on APPR.
upper
Jun 28, 2023
Introduced
From committee chair, with author's amendments: Amend, and re-refer to committee. Read second time, amended, and re-referred to Com. on E.Q.
upper
Jun 26, 2023
Upper · Passed
Read second time and amended. Re-referred to Com. on E.Q.
upper
Jun 22, 2023
Introduced
From committee: Amend, and do pass as amended and re-refer to Com. on E.Q. with recommendation: To Consent Calendar. (Ayes 11. Noes 0.) (June 22).
upper
Jun 7, 2023
Upper · Passed
In committee: Hearing postponed by committee.
upper
Jun 1, 2023
Introduced
From committee chair, with author's amendments: Amend, and re-refer to committee. Read second time, amended, and re-referred to Com. on N.R. & W.
upper
May 31, 2023
Committee
Referred to Coms. on N.R. & W. and E.Q.
upper
May 18, 2023
Lower · Passed
Read third time. Passed. Ordered to the Senate. (Ayes 74. Noes 0. Page 1597.)
lower
May 10, 2023
Lower · Passed
From committee: Do pass. To Consent Calendar. (Ayes 14. Noes 0.) (May 10).
lower
Apr 25, 2023
Lower · Passed
From committee: Do pass and re-refer to Com. on APPR. with recommendation: To Consent Calendar. (Ayes 11. Noes 0.) (April 24). Re-referred to Com. on APPR.
lower
Apr 24, 2023
Committee
Re-referred to Com. on NAT. RES.
lower
Apr 20, 2023
Introduced
From committee chair, with author's amendments: Amend, and re-refer to Com. on NAT. RES. Read second time and amended.
lower
Apr 11, 2023
Committee
Re-referred to Com. on NAT. RES.
lower
Apr 10, 2023
Introduced
From committee chair, with author's amendments: Amend, and re-refer to Com. on NAT. RES. Read second time and amended.
lower
Apr 10, 2023
Lower · Passed
In committee: Hearing postponed by committee.
lower
Mar 9, 2023
Committee
Referred to Com. on NAT. RES.
lower
Feb 18, 2023
Lower · Passed
From printer. May be heard in committee March 20.
lower
0 primary · 0 co-sponsors

Sponsors

No sponsor information available.