The California Land Conservation Act of 1965 (act) , otherwise known as the Williamson Act, authorizes a city or county to contract with a landowner to limit the use of agricultural land to agricultural use if the land is located in an agricultural preserve designated by the city or county, as specified. Existing law authorizes the county or city to cancel a contract under certain circumstances and conditions. Existing law requires the city or county to determine the amount of the cancellation fee, based on the assessor's determination of the fair market value of the land as though it were free of the contractual restriction, that the landowner shall pay if the city and county approves a cancellation of a contract, as specified. Existing law authorizes the city or county to waive the payment or extend the time for making payment if the cancellation is caused by an involuntary transfer or change in the use which may be made of land, the county or city has determined that it is in the best interest of the program to conserve agricultural land use that the payment be either deferred or not required, and the extension is approved by the Secretary of the Natural Resources Agency, as provided. This bill would remove the ability of a city or county to waive payment or extend the time for making payment, as described above. The bill would instead authorize the Secretary of the Natural Resources Agency, upon application by the landowner, to waive payment or extend the time for making payment, as described above, if either the cancellation is caused by an involuntary transfer or change in the use which may be made of the land, as described above, or the cancellation is to facilitate a photovoltaic solar facility that meets specified conditions. The bill, until January 1, 2037, would require the secretary to approve a completed application for extension of making the payment by a landowner if it includes certain items, as provided, and would require the secretary to waive payment if the landowner attests and provides proof to the secretary that a solar project has been constructed on the property. The act deems a contract null and void upon acquisition of the land subject to the contract in an eminent domain action or upon acquisition of land in lieu of eminent domain, as provided. The Jobs and Economic Improvement Through Environmental Leadership Act of 2021 authorizes the Governor, until January 1, 2032, to certify, among other projects, a clean renewable energy project that generates electricity exclusively through wind or solar, as specified, for certain streamlining benefits. This bill would additionally deem a contract null and void when that land is approved for use as a photovoltaic solar facility certified under the Jobs and Economic Improvement Through Environmental Leadership Act of 2021, as provided.
The California Endangered Species Act requires the Fish and Game Commission to establish a list of endangered species and a list of threatened species and to add or remove species from either list if it finds, upon the receipt of sufficient scientific information, as specified, that the action is warranted. The act prohibits the taking of an endangered or threatened species, except under certain circumstances. The violation of the act is a crime. This bill would prohibit the imposition of a civil, administrative, or criminal penalty for a violation of the take prohibition if the defendant used necessary and reasonable force to protect themselves, a member of their family, or any other individual from immediate bodily harm from a species listed pursuant to the act. The bill would require a person who committed a take, or an attempted take, of a species listed pursuant to the act under these circumstances to notify the Department of Fish and Wildlife within 24 hours after the take. Because a violation of this requirement would be a 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 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 requires the State Air Resources Board, by July 1, 2022, consistent with federal law, to adopt cost-effective and technologically feasible regulations to prohibit engine exhaust and evaporative emissions from new small off-road engines, as defined by the state board. Existing law requires those regulations to apply to engines produced on or after January 1, 2024, or as soon as the state board determines is feasible, whichever is later, and requires the state board to identify, and, to the extent feasible, make available, funding for commercial rebates or similar incentive funding, as specified. This bill would require, to the extent that funding is appropriated by the Legislature, each large and medium air pollution control and air quality management district, no later than January 1, 2028, to implement and maintain a commercial voucher program to support the transition to zero-emission small off-road equipment consistent with specified requirements. By requiring districts to establish a new program, the bill would impose a state-mandated local program. The bill would also require a small rural district or local government that chooses to adopt such a program to comply with specified requirements in administering the program. This bill would prohibit the punishment of a violation of an ordinance adopted by a local government governing the use of any small off-road engine landscaping equipment as an infraction or misdemeanor, and would provide that the ordinance is only punishable by an administrative fine imposed in accordance with specified requirements. 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. This bill would make legislative findings to that effect. 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, including charter cities. 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, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above.
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.
(1) Existing law authorizes the Department of Forestry and Fire Protection to engage in management of state forests and defines "management" for purposes of the state forests as a means of handling forest crop and forest soil to achieve maximum sustained production of high-quality forest products while giving consideration to values relating to, among other values, recreation, watershed, and wildlife, as provided. This bill would redefine "management" for purposes of state forests as the handling of forest vegetation, water, and soils within the demonstration state forest system for public benefits, as described to include, among other things, watershed health and wildfire resilience. (2) Existing law declares it is in the interest of the welfare of the people of the state and their industries and other activities involving the use of wood, lumber, poles, piling, wood pulp, and other forest products that desirable cutover forest lands be made fully productive and that the holding and reforestation of such lands is a necessary measure predicated on waning supplies of original old growth timber, as provided. Existing law further declares it is in the interest of the welfare of the people of the state that the state retain the existing land base of state forests in timber production for research and demonstration. Existing law requires the Secretary of the Natural Resources Agency, in consultation with the Secretary for Environmental Protection, to, on or before January 10 of each year, submit to the Joint Legislative Budget Committee a report on the activities of all state departments, agencies, and boards relating to forest and timberland regulation. Existing law requires this report to include, among other things, the number of timber harvest plans reviewed in the most recent fiscal year, as specified, and the average time for plan review. This bill would repeal these provisions and instead declare, among other things, that the purpose of the demonstration state forest system is to acquire lands, the reforestation or restoration of which is not assured under private ownership, to achieve the public benefits as described in paragraph (1) through means that include, but are not limited to, multibenefit forest management. The bill would authorize the Secretary of the Natural Resources Agency to enter into, and would require the secretary to make good faith efforts to collaboratively develop, comanagement agreements with California Native American tribes, as defined, to incorporate local traditional ecological knowledge and local indigenous knowledge into the management direction of a forest in the demonstration state forest system, as provided. The bill would require the annual report submitted to the Joint Legislative Budget Committee to also include the number of timber harvest plans approved in the most recent fiscal year and the median time for plan review and would make other nonsubstantive changes relating to the report. The bill would require research to be allowed on land in the demonstration state forest system that informs forest management strategies, science-based decisionmaking, biodiversity, durable onsite carbon storage or sequestration, habitat, water and soil quality, watershed health, tribal stewardship, or other goals that further healthy and resilient ecosystems. The bill would authorize timber harvesting within the demonstration state forest system if in furtherance of specified objectives. (3) Existing law requires the management of state forests and the cutting and sale of timber and other forest products from state forests to conform with regulations prepared by the Director of Forestry and Fire Protection and approved by the State Board of Forestry and Fire Protection. Existing law requires the regulations to conform with forest management practices designed to achieve maximum sustained production of high-quality forest products while giving consideration to values relating to, among other values, recreation, watershed, and wildlife, as specified. Existing law authorizes state forest lands to be used for grazing and mining purposes pursuant to regulations established by the board. Under existing law, a person who violates the rules and regulations pertaining to the state forests established by the board is guilty of a misdemeanor. The bill would instead require the management of demonstration state forests and the cutting and sale of timber and other forest products from demonstration state forests to conform with regulations prepared by the Director of Forestry and Fire Protection and approved by the board. The bill would repeal the authorization for state forest lands to be used for mining purposes, except as provided. The bill would require the regulations permitting prescribed herbivory, recreation concession, and surface mining for forest-related work and restoration purposes, including, but not limited to, the construction of watercourse crossings, on state forest lands to be updated to reflect the redefinition of management. Because a violation of these regulations would be a crime, the bill would impose a state-mandated local program. Existing law requires the department to prepare a map and data relating to the forest conditions, as provided. Existing law requires the department, in preparing the map and data, to be guided by a specified report. This bill would require the department to be guided by consultation with the board instead of by the specified report. Existing law declares that it is the policy of the state to establish and preserve an intensively managed, multifaceted research forest, known as the Soquel Demonstration State Forest, which is representative of forest activities as a living forest in the County of Santa Cruz, as provided. Existing law establishes the Legislature's intent relating to the demonstration state forest. Existing law requires that income from the demonstration state forest property sustain all costs of operation and provide income for research and educational purposes. Existing law requires the department to adopt a general plan for the demonstration state forest, as provided. This bill would instead declare that it is the policy of the state to establish and conserve the Soquel Demonstration State Forest and would revise the Legislature's intent relating to the demonstration state forest, as provided. The bill would require that income from the demonstration state forest property to additionally provide income for recreation. The bill would require the board, instead of the department, to adopt a forest management plan for the demonstration state forest, as specified. (4) Existing law authorizes the department to collect recreational user fees for overnight camping and reserved group activities in a demonstration state forest. Existing law prohibits the department from charging a fee that exceeds the amount necessary to reimburse the department's costs for maintenance and improvement of campground facilities, associated recreational facilities, natural environment, and access thereto. Existing law requires all user fees collected by the department to be deposited into the Forest Resources Improvement Fund and requires the fees to be used, upon appropriation by the Legislature, to reimburse the department's cost of maintaining and improving the campground facilities, associated recreational facilities, natural environment, and access thereto. Under existing law, the Forest Resources Improvement Fund is the depository for all revenue derived from the receipts from the sale of forest products, as defined, from state forests to support specified operations. Existing law authorizes money in the Forest Resource Improvement Fund to only be expended, upon appropriation by the Legislature, for the cost of operations associated with management of lands held in trust by the state and operated as demonstration state forests, as specified. This bill would repeal the prohibition on the department regarding charging a fee that exceeds the amount necessary to reimburse the department's costs for maintenance and improvement, as provided. The bill would require any other funds generated by a demonstration state forest to be deposited into the Forest Resources Improvement Fund. (5) This bill would incorporate additional changes to Sections 4629.6 and 4629.8 of the Public Resources Code proposed by AB 706 to be operative only if this bill and AB 706 are enacted and this bill is enacted last. (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.
Under existing law, the State Water Resources Control Board and the 9 California regional water quality control boards prescribe waste discharge requirements for the discharge of stormwater by municipalities and industries in accordance with the federal national pollutant discharge elimination system (NPDES) permit program, established by the federal Clean Water Act and the Porter-Cologne Water Quality Control Act. Under existing law, the state board and the 9 regional water quality control boards issue permits for the discharge of stormwater from municipal separate storm sewer systems (MS4s) . For purposes of issuing permits for the discharge of stormwater from MS4s, this bill define "commercial, industrial, or institutional site" or "CII site" as a privately owned parcel or contiguous parcels of land that are commercial, industrial, or institutional based on the appropriate county tax assessor land use codes, as specified.
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.
