Existing law designates the Department of Food and Agriculture as the lead department in noxious weed management and requires the department, in cooperation with the Secretary of the Natural Resources Agency, to implement provisions relating to noxious weed management. Existing law prohibits a person from selling, distributing, or transporting into, or within, a weed-free area any seed of a noxious weed that the secretary has declared the area to be practically free from. This bill would prohibit an online marketplace, as defined, from facilitating the sale or shipment of a noxious weed for delivery to an address located in the state. The bill would authorize the Secretary of Food and Agriculture, if the secretary or a county agricultural commissioner identifies a shipment of a noxious weed and the secretary determines that the shipment originated from or occurred through a transaction conducted through an online marketplace in violation of this prohibition, to provide written notice, including specified information, to the online marketplace that it may be subject to an administrative penalty for violating this prohibition. The bill would authorize the secretary to levy a specified administrative penalty against an online marketplace for violating this prohibition if both the online marketplace received that written notice and, after any written notice, the secretary or a county agricultural commissioner identifies a shipment of a noxious weed and the secretary determines that the shipment originated from or occurred through a transaction conducted through an online marketplace in violation of this prohibition, unless the marketplace demonstrates to the secretary that it has implemented and maintains reasonable controls, as defined. The bill would also authorize the secretary to levy a separate administrative penalty against an online marketplace to recover all reasonable costs associated with remediating any damage caused by a violation of this prohibition in an amount equal to those reasonable costs. The bill would provide that review of the secretary's decision to impose an administrative penalty pursuant to these provisions may be sought by the online marketplace within 30 days of the date of the decision, as specified. The bill would require all moneys collected pursuant to these provisions to be deposited into the Department of Food and Agriculture Fund to, upon appropriation by the Legislature, cover costs related to the enforcement of provisions relating to plant quarantine and pest control. The bill would prohibit an online marketplace subject to an administrative penalty pursuant to these provisions from being subject to other fines or penalties for a violation of this prohibition. The bill would make its provisions operative on April 1, 2027.
Existing law authorizes a person that owns or controls brush-covered land, forest lands, woodland, grassland, and shrubland within a state responsibility area to apply to the Department of Forestry and Fire Protection for permission to use prescribed burning for certain public purposes. Existing law authorizes the Director of Forestry and Fire Protection to enter into an agreement for prescribed burning with a person to conduct the prescribed burning operations for certain purposes. Existing law requires the department to develop a training program for prescribed fire users to certify professionals as burn bosses. Existing law requires the department to conduct an experimental program of wildland resources management through prescribed burning and other methods in 2 areas of wildlands. This bill would require the department, on an annual basis, to allocate not less than 10% of funding appropriated to the department for local assistance and other grant programs where prescribed or beneficial fire is an eligible activity, consistent with the term of the appropriation, to expand training, organizational capacity, and support for community-led beneficial fire programs, including, but not limited to, those developed by California Native American tribes, nongovernmental organizations, universities and colleges, resources conservation districts, volunteer fire districts, and other local or special districts, as provided. The bill would require at least 25% of that allocation be awarded to California Native American tribes or tribally led or indigenous-led organizations, except as specified.
Existing law, until January 1, 2030, generally prohibits a person from possessing, importing, shipping, or transporting in the state, or from placing, planting, or causing to be placed or planted in any water within the state, invasive mussels, and authorizes the Director of Fish and Wildlife, or the director's designee, to engage in various enforcement activities with regard to invasive mussels. Existing law, until January 1, 2030, requires a public or private agency that operates a water supply system to cooperate with the Department of Fish and Wildlife to implement measures to avoid infestation by invasive mussels and to control or eradicate any infestation that occurs in a water supply system. Existing law requires any person, or federal, state, or local agency, district, or authority that owns or manages a reservoir, where specified activities are permitted, except as specified, to develop and implement a program designed to prevent the introduction of invasive mussel species, as provided. Existing law requires any entity that discovers invasive mussels within the state to immediately report the discovery to the department. This bill would prohibit a public agency from prohibiting imported water deliveries for groundwater replenishment, as defined, due to invasive mussels if the importation complies with a specified invasive mussel control plan and unless there is substantial, documented evidence of a proven health and safety risk as a result of the invasive mussels. The bill would include findings that changes proposed by this bill address a matter of statewide concern rather than a municipal affair and, therefore, apply to all cities and counties, including charter cities and charter counties.
Existing law prohibits juvenile products, textile articles, and food packaging that contain specified levels of perfluoroalkyl and polyfluoroalkyl substances (PFAS) from being distributed, sold, or offered for sale in the state, as provided. Existing law establishes the Toxic Substances Control Account in the General Fund to be administered by the Director of Toxic Substances Control. This bill would require, on or before January 1, 2029, the manufacturer of children's diapers sold, distributed, or manufactured in the state to display on a dedicated web page on the manufacturer's internet website, and would authorize display on the product details page where the children's diapers are sold, a list of all of the children's diaper's intentionally added ingredients, as defined, in order of chemical or raw material weight, including the chemical or raw material name, the Chemical Abstract Service (CAS) number, and all specific functions or purposes for use in the children's diapers. The bill would require, on or before January 1, 2029, all children's diapers distributed or manufactured in the state, and, on or before July 1, 2029, all children's diapers sold in the state, to include on the outermost package an internet website address for a dedicated web page on the manufacturer's internet website that provides all of that information and a list of all of the intentionally added ingredients in order of chemical or raw material weight in the children's diapers. The bill would authorize the Department of Toxic Substances Control to enforce these requirements. The bill would require a person who violates these requirements to be liable for an administrative penalty not to exceed $5,000 for the first violation and not to exceed $10,000 for each subsequent violation, as provided. The bill would authorize the department to adopt regulations to implement, enforce, interpret, or make specific these requirements. The bill would authorize, upon appropriation by the Legislature, funds in the Toxic Substances Control Account to be used by the department to implement these requirements. The bill would require penalties collected to be deposited in the Toxic Substances Control Account. The bill would prohibit the sale, distribution, or manufacture of children's diapers in the state that do not comply with these requirements. The bill would make these provisions severable.
Under existing law, it is unlawful for any person to make any untruthful, deceptive, or misleading environmental marketing claim, whether explicit or implied. A violation of this requirement is a misdemeanor. This bill would make it unlawful for a person to represent in advertising or on the label or container of any sunscreen product, as specified, sold in the state, that the product is "reef safe," "reef friendly," "ocean safe," "marine safe," "ocean friendly," "marine conscious," "reef conscious," or a similar term or phrase likely to cause a reasonable consumer to believe that the product does not harm marine ecosystems unless the product is free of chemical ultraviolet filters, as specified. A violation of the bill would be a misdemeanor. By creating a new crime, the bill would impose a state-mandated local program. 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.
Existing law establishes methane emissions reduction goals that include a target to reduce landfill disposal of organics by 75% of the 2014 level of the statewide disposal of organic waste by 2025. Existing law requires the Department of Resources Recycling and Recovery, in consultation with the State Air Resources Board, to adopt regulations to achieve the organic waste reduction goals. Existing law authorizes a local jurisdiction to count specified recovered organic waste products towards up to 10% of its recovered organic waste procurement target. This bill would additionally authorize a local jurisdiction to count a beneficial agricultural amendment derived from organic waste that may include biosolids towards up to that 10% of its recovered organic waste procurement target if the material meets the requirements to be deemed to constitute a reduction in landfill disposal, the material is registered or approved for end use as a fertilizing material by the Department of Food and Agriculture, and the material is not derived from, or processed using, specified activities relating to the final deposition or management of solid waste, as provided. The bill would require the amount of the procured materials to be calculated using the dry weight of the materials. Existing law authorizes a local jurisdiction to count compost produced and procured from specified compost operations towards its recovered organic waste procurement target, including, under specified conditions, operations composting green material, agricultural material, food material, and vegetative food material if the total amount of feedstock and compost onsite at any one time does not exceed 100 cubic yards and 750 square feet. This bill would repeal that authorization, but would instead authorize a local jurisdiction to count towards its procurement target compost produced and procured from certain composting operations, including the composting of green material, agricultural material, food material, and vegetative food material if the total amount of feedstock and compost onsite at any one time does not exceed either 200 cubic yards or, for a composting activity owned by a public agency, as defined, 500 cubic yards, amounts that may be increased by regulation, as specified.
Existing law establishes in the Natural Resources Agency the Department of Forestry and Fire Protection (CAL-FIRE) and makes CAL-FIRE responsible for, among other things, fire protection and prevention, as provided. Existing law establishes the State Board of Forestry and Fire Protection in CAL-FIRE to represent the state's interest in the acquisition and management of state forests and requires the board to maintain an adequate forest policy. Former Governor Edmund G. Brown, Jr., issued a proclamation of a state of emergency on October 30, 2015, that required CAL-FIRE, the Natural Resources Agency, the Department of Transportation, and the State Energy Resources Conservation and Development Commission (Energy Commission) , among other things, to identify areas of the state that represent high hazard zones for wildfire and falling trees, known as Tier 1 and Tier 2 high hazard zones. Existing law creates the Timber Regulation and Forest Restoration Fund (Timber Fund) in the State Treasury and imposes an assessment on the purchase of a lumber product or an engineered wood product for storage, use, or other consumption in this state, at the rate of 1% of the sales price, for deposit into the Timber Fund. Existing law requires that moneys deposited in the Timber Fund, upon appropriation by the Legislature, only be expended for specified purposes, including, among other things, as a loan to the Department of Fish and Wildlife for activities to address environmental damage occurring on forest lands resulting from marijuana cultivation. Existing law specifies the funding priorities of the Timber Fund. Under existing law, the Public Utilities Commission (PUC) has regulatory authority over public utilities, including electrical corporations. The California Renewables Portfolio Standard Program requires every electrical corporation to file with the PUC a standard tariff for electricity generated by an electric generation facility, as defined, that qualifies for the tariff, is owned and operated by a retail customer of the electrical corporation, and is located within the service territory of, and developed to sell electricity to, the electrical corporation. This bill would, upon appropriation by the Legislature, make moneys from the Timber Fund or from the Greenhouse Gas Reduction Fund available to the state board to establish and implement the Forest Organic Residue Energy and Safety Transformation (FOREST) program in order to maintain and expand biomass power generation in the state, to revitalize idle facilities for biomass power generation, and to support biomass power generation facilities by creating additional capacity for power generation or feedstock utilization in strategically located regions of the state. The bill would make a facility's electrical generation eligible for reimbursement at an incentive rate determined by the state board if, among other things, the facility uses forest biomass waste, as defined, to generate electricity and the electricity is sold to specified retail sellers. The bill would require, among other things, that no less than 60% of the feedstock used by a facility originate from Tier 1 and Tier 2 high hazard zones, as defined, and would require the facility to be located in specified counties or meet specified emission limits. The bill would create an application process for an operator of a facility to seek this reimbursement that also requires the operator to demonstrate the facility is certified by the Energy Commission as an eligible renewable energy resource for purposes of the California Renewable Portfolio Standards Program, as provided, and would require the state board to adopt regulations to implement the FOREST program, as provided. This bill would establish the FOREST and Wildfire Prevention Fund (FOREST Fund) in the State Treasury, and would make moneys in the FOREST Fund available, upon appropriation, to the Natural Resources Agency for the FOREST program, as specified. The bill would repeal the authorization to loan moneys in the Timber Fund for addressing marijuana cultivation damage, as described above, and would instead, in the same funding priority, authorize the Timber Fund to be expended to support the FOREST Fund and FOREST program, as specified. The bill would also specify certain procedures regarding the funding priorities of the Timber Fund so that each purpose identified in a higher priority is funded before a lower priority, as specified. This bill would incorporate additional changes to Sections 4629.6 and 4629.8 of the Public Resources Code proposed by AB 2494 to be operative only if this bill and AB 2494 are enacted and this bill is enacted last.
Existing law requires the Department of Fish and Wildlife to require the purchase of an entry permit for nonconsumptive uses of department-managed lands if the department finds that it is practical and would be cost effective for the state to collect entry permit fees, and imposes specified requirements if the department does so, including requiring the department to use the Automated License Data System to sell that entry permit. Existing law authorizes the department to lease department-managed lands for agricultural activities if certain conditions are met and requires money collected from the lease of these lands to be deposited by the department into the Wildlife Restoration Fund or the Fish and Game Preservation Fund, and authorizes the department, upon appropriation by the Legislature, to use the funds to support the management, maintenance, restoration, and operations of department-managed lands. This bill would require the department to use the Automated License Data System to sell an entry permit for consumptive use and would authorize the department to use the Automated License Data System to sell an entry permit for nonconsumptive use if the department requires the purchase of an entry permit for nonconsumptive uses of department-managed lands, as described above. The bill would require, upon appropriation by the Legislature, the above-described agricultural lease funds to be used by the department to support the management, maintenance, restoration, and operations of department-managed lands. Existing law requires the department to annually provide an opportunity for licensed hunters to comment and make recommendations on public hunting programs, including anticipated habitat conditions in hunting areas on Type A and Type B Wildlife Areas, as provided. This bill would add wetland floodup to the topics that the department is required to provide an opportunity for comment and recommendation on as described above. This bill would create the Waterfowl Management Areas Operations and Maintenance Fund in the State Treasury and would require all revenues generated from the sale of waterfowl hunting reservation applications and daily and season long entry passes from Type A and Type B Wildlife Areas to be deposited into the fund. The bill would require the department to, upon appropriation by the Legislature, expend those revenues for the operation and maintenance of, and the reasonable administrative costs directly related to, the public hunting programs for Type A and Type B Wildlife Areas. The bill would require the department to, on or before October 1, 2033, prepare and submit a report to the appropriate policy and budget committees of the Legislature, as specified.
(1) Existing law requires the Public Utilities Commission (PUC) , in consultation with the State Energy Resources Conservation and Development Commission (Energy Commission) , to provide transmission-focused guidance to the Independent System Operator (ISO) about resource portfolios of expected future renewable energy resources and zero-carbon resources, including the allocation of those resources by region based on technical feasibility and commercial interest in each region to allow the ISO to identify and approve transmission facilities needed to interconnect resources and reliably serve the needs of load centers, as specified. On December 23, 2022, the PUC, the Energy Commission, and the ISO entered into a memorandum of understanding related to resource and transmission planning, transmission development and permitting, procurement, and interconnections to achieve reliability and policy needs and to coordinate the timely development of resources, resource interconnections, and needed transmission infrastructure. Existing law requires the Energy Commission and the PUC, in coordination with the ISO, every 5 years, to review the memorandum of understanding and a related workplan to ensure the memorandum and workplan reflect the coordination that is needed to help meet the state's energy goals. This bill would require those entities, on or before January 1, 2028, to update the memorandum and workplan to, among other things, ensure that the memorandum and workplan reflect the requirements of Federal Energy Regulatory Commission Order 1920, as applicable. (2) Existing law vests the PUC with regulatory authority over public utilities, including electrical corporations. Existing law requires the PUC to identify a diverse and balanced portfolio of resources needed to ensure a reliable electricity supply that provides optimal integration of renewable energy and resource diversity in a cost-effective manner, as specified. This bill would require that the portfolio provide optimal integration in a cost-effective and risk-prudent manner, as specified. (3) Existing law requires that the above-described transmission-focused guidance provided to the ISO provide projections each year to support planning and approvals by the ISO in its annual transmission planning process, including projections of resource portfolios and electricity demand by region for at least 15 years into the future, as specified. Existing law expresses the state policy that planning for new transmission facilities include consideration of the goal of increasing systemwide reliability and cost efficiency, among other state policy goals. This bill would require that the transmission-focused guidance takes into account uncertainty and optionality, is risk prudent, and supports compliance with Federal Energy Regulatory Commission orders, as specified. The bill would remove the requirement that the projections be provided annually and would require the projections of resource portfolios and electricity demand by region to be for at least 20, rather than 15, years into the future. The bill would add to those state policy goals reducing resource interconnection timelines and supporting achievement of the state's energy, climate change, and air quality goals. (4) This bill would incorporate additional changes to Section 454.57 of the Public Utilities Code proposed by AB 2369 to be operative only if this bill and AB 2369 are enacted and this bill is enacted last. (5) Under existing law, a violation of the Public Utilities Act or any order, decision, rule, direction, demand, or requirement of the PUC is a crime. Because certain provisions of this bill would be a part of the act and because a violation of a PUC action implementing its requirements would be a crime, the bill would impose a state-mandated local program by creating a new crime. 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.
The Habitat Restoration and Enhancement Act authorizes a project proponent to submit a habitat restoration or enhancement project to the Director of Fish and Wildlife for approval. The act requires the Department of Fish and Wildlife to assess an application fee for a project submitted to the department consistent with specified fees adopted by the department, as provided. Under the act, a habitat restoration or enhancement project is defined as a project with the primary purpose of improving fish and wildlife habitat. The act requires the director to approve a habitat restoration or enhancement project if the director determines that specified conditions are met. The act makes moneys in the Habitat Restoration and Enhancement Account available to the department, upon appropriation by the Legislature, for the purposes of administering and implementing the act. Existing law repeals the act on January 1, 2027. This bill would extend the operation of the act until January 1, 2032, and would require the department to submit a report on the implementation of the act to the Legislature no later than December 31, 2029. The bill would maintain the requirement for the application fee to be consistent with other specified fees adopted by the department until the department establishes, on or before January 1, 2030, an application fee schedule, as specified. The bill would revise the definition of a habitat restoration or enhancement project, would revise the required contents of an application for a habitat restoration or enhancement project, as provided, and would transfer the responsibilities of the director under the act to the department. Under the act, the approval of a habitat restoration or enhancement project is in lieu of any other permit, agreement, license, or other approval issued by the Department of Fish and Wildlife. This bill would provide that the department's approval of a habitat restoration or enhancement project under the act only includes take authorization for the species listed by the project proponent in its application. The bill would require the department to ensure that each approved habitat restoration or enhancement project includes appropriate measures to avoid and minimize its adverse impacts to species protected by state law. The act establishes separate procedures for the approval of a habitat restoration or enhancement project depending on whether the project has received a specified certification pursuant to an order from the State Water Resources Control Board. As part of the procedures applicable to a project that has received that certification, the act requires the director to publish the receipt of certain information from the project proponent, and the director's determination on whether the application is complete, in the California Regulatory Notice Register. This bill would eliminate the requirement to publish that information in the California Regulatory Notice Register. The act requires the director to suspend the implementation of a project under certain circumstances, as specified. This bill would eliminate those provisions.
