(1) Existing law, the Western Joshua Tree Conservation Act, prohibits any person or public agency from importing into the state, exporting out of the state, or taking, possessing, purchasing, or selling within the state, a western Joshua tree or any part or product of the tree, except as provided. Under existing law, the Department of Fish and Wildlife may authorize, by permit, the taking of a western Joshua tree if certain conditions are met, including, among other conditions, that the permittee mitigates all impacts to, and the taking of, the western Joshua tree. Existing law authorizes the department to enter into an agreement with any county or city to delegate to the county or city the ability to authorize the taking of a western Joshua tree associated with developing single-family residences, multifamily residences, accessory structures, and public works projects concurrent with its approval of the project if certain conditions are met. Existing law authorizes any person or public agency receiving a take authorization for a project to pay specified fees in lieu of satisfying the mitigation obligation on several bases, including if the project receives a permit issued by a county or city. This bill would additionally authorize the department to enter into an agreement with any city to delegate to the city the ability to authorize the taking of western Joshua trees associated with developing commercial and industrial projects. The bill would, relative to other project types subject to delegated local mitigation authority, limit the bases for commercial or industrial projects to pay specified fees in lieu of satisfying the mitigation obligation, as provided. (2) Existing law authorizes the department to issue a permit to authorize either the removal or trimming of a dead western Joshua tree or the trimming of a live western Joshua tree. This bill would remove the reference to a dead or live western Joshua tree, thereby authorizing the department to issue a permit to authorize either the removal or trimming of any western Joshua tree. Existing law authorizes the department to issue a permit for these purposes, without the payment of fees or other mitigation, provided that a dead western Joshua tree or any limbs to be removed meet at least one of a specified list of conditions. This bill would revise and recast this provision to instead authorize the department to issue a permit, without the payment of fees or other mitigation, if either the western Joshua tree is located within 100 feet of an existing single-family home and any associated accessory structure or that removal or trimming is necessary for the homeowner to meet defensible space requirements, as provided.
Under existing law, the State Water Resources Control Board and the California regional water quality control boards prescribe waste discharge requirements in accordance with the Federal Water Pollution Control Act and the Porter-Cologne Water Quality Control Act. Under federal law, any applicant seeking a federal license or permit for an activity that may result in any discharge into the navigable waters of the United States is required to first seek a state water quality certification, as specified. The Porter-Cologne Water Quality Control Act authorizes the state board to certify or provide a statement to a federal agency, as required pursuant to federal law, that there is reasonable assurance that an activity of any person subject to the jurisdiction of the state board will not reduce water quality below applicable standards. The federal act provides that if a state fails or refuses to act on a request for this certification within a reasonable period of time, which shall not exceed one year after receipt of the request, then the state certification requirements are waived with respect to the federal application. This bill would require the state board, if requested by the applicant within 14 days of an initial draft certification being issued, to hold a public hearing at least 21 days before taking action on an application for certification for a license to operate a hydroelectric facility, as provided. The bill would, if a public hearing is requested on the draft certification, prohibit the authority to issue a certification for a license to operate a hydroelectric facility from being delegated. The bill would authorize the state board to include in its fee schedule for hydroelectric facility applicants an amount up to the reasonable costs incurred by the state board in implementing these provisions.
Existing law establishes the State Transportation Infrastructure Climate Adaptation Program, administered by the Department of Transportation, for purposes of planning, developing, and implementing projects adapting state transportation infrastructure to climate change. Existing law requires the department, in consultation with, among others, the Transportation Agency and the California Transportation Commission, to develop a program of its top priority climate adaptation projects and to submit projects in this program to the commission for adoption. Existing law requires the department, in developing the program of projects, to consider specified criteria, including, but not limited to, the benefits of the project to preserving or enhancing regional or statewide mobility, economy, goods movement, and safety, and other benefits associated with protecting the asset. This bill would require the department, in consultation with the commission and the agency, and on or before July 1, 2026, and annually thereafter, to create a prioritized list of projects of statewide and regional significance, as defined, to better prepare the state for extreme weather-related events, with priority based on specified criteria. The bill would require the department, on or before January 1, 2027, and annually thereafter, to submit to the Legislature a report containing the prioritized list of projects.
Existing law establishes procedures for the formation of regional park districts and prescribes the powers, functions, and duties of those districts. The East Bay Regional Park District is one such regional park district. This bill would authorize the East Bay Regional Park District to establish and administer the East Bay Hills Conservation Program to address resource and recreational goals of the East Bay Hills, as defined. The bill would authorize the Park District to collaborate with California Native American tribes and state, regional, and local partners to help achieve specified goals of the program. The bill would require the East Bay Hills to be acknowledged as an area of statewide significance in local land use policy documents developed or updated on or after January 1, 2026, affecting land use within the East Bay Hills. To the extent that this bill would impose new duties on local entities, the bill would impose a state-mandated local program. This bill would make legislative findings and declarations as to the necessity of a special statute for the East Bay Regional Park District. 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.
(1) The Water Recycling Law generally provides for the use of recycled water. Existing law requires any person who, without regard to intent or negligence, causes or permits an unauthorized discharge of 50,000 gallons or more of recycled water in or on any waters of the state to immediately notify the appropriate regional water board. This bill would, for the purposes of the above provision, redefine "recycled water" and provide that water discharged from a decorative body of water during storm events is not to be considered an unauthorized discharge if recycled water was used to restore levels due to evaporation. (2) Existing law regulating the use of recycled water prohibits the use of prescribed potable water by state and local agencies for any nonpotable uses, including cemeteries, golf courses, parks, and highway landscaped areas if prescribed recycled water is available, and deems use of the recycled water in lieu of the potable water to constitute a reasonable beneficial use of that water. The bill would provide that incidental amounts of spray, mist, or runoff are to be permitted to enter outdoor eating areas of parks and open spaces when irrigated with disinfected tertiary treated recycled water that complies with a specified regulation regarding irrigation. (3) Existing law authorizes any public agency, including a state agency, city, county, city and county, district, or any other political subdivision of the state, to require the use of recycled water for irrigation of residential landscaping, as specified. The bill would provide that outdoor landscape irrigation of common areas that does not enter the boundaries of a residence is not to be considered a part of the same premises as an individual residence and is not to be considered a dual-plumbed system. The bill would require recycled water used for this purpose to comply with specified water quality and cost conditions. (4) Existing law authorizes any public agency, including a state agency, city, county, city and county, district, or any other political subdivision of the state, to require the use of recycled water for toilet and urinal flushing in structures, as specified. Existing law defines "structures" for the purposes of these provisions. This bill would include food handling and processing facilities as part of the definition of "structures." The bill would authorize the use of recycled water for toilet or urinal flushing or outdoor irrigation in and around food handling or processing facilities, commercial, institutional, and industrial buildings, and cafeterias, provided the recycled water does not enter the room where food handling or processing occurs, as specified.
Existing law requires the State Air Resources Board to implement a comprehensive short-lived climate pollutant strategy to achieve a reduction in statewide emissions of methane by 40% below 2013 levels by 2030. Existing law requires the methane emissions reduction goals to include a 75% reduction in the level of the statewide disposal of organic waste from the 2014 level by 2025. Existing law requires the Department of Resources Recycling and Recovery, in consultation with the state board, to adopt regulations to achieve these organic waste reduction goals that include, among other things, requirements intended to meet the goal that not less than 20% of edible food that is currently disposed of be recovered for human consumption by 2025 and that may include penalties to be imposed by the department for noncompliance, as provided. The regulations, among other things, require a commercial edible food generator, as defined, to have a contract or written agreement with a food recovery organization, as defined, to recover the maximum amount of edible food that would otherwise be disposed, as provided. The regulations also require a commercial edible food generator to keep certain records regarding the recovery of edible food. This bill would exempt from these requirements an agricultural crop preparation service, as defined, that demonstrates to the department that it has not disposed of organic waste in a landfill on or after January 1, 2016.
Existing law requires the Department of Forestry and Fire Protection, in accordance with policies established by the State Board of Forestry and Fire Protection, to assist local governments in preventing future high-intensity wildland fires and instituting appropriate fuels management by making its wildland fire prevention and vegetation management expertise available to local governments, as provided. This bill would define an environmentally sensitive vegetation management project to mean vegetation management that reduces catastrophic wildfire risk over the long term while supporting native wildlife and biodiversity. The bill would require a state public entity to consider incorporating specified criteria into its funding guidelines for a grant program that funds environmentally sensitive vegetation management projects.
Existing law provides various provisions applicable to all public transit and transit districts and includes specific requirements applicable to public entities that operate commuter rail or rail transit systems. This bill would prohibit a public entity that owns diesel-powered on-track equipment from selling, donating, or otherwise transferring ownership of that equipment for continued use after the public entity decommissions the equipment. The bill would exempt the sale, donation, or transfer of the ownership of that equipment from the prohibition if the equipment is deemed to be in one of specified categories of emissions standards designated by the federal government for locomotives, the equipment produces emissions equivalent to any equipment within any of those federal categories, or the diesel engine is removed from the equipment, as specified.
Existing law requires each utility, on and after January 1, 2017, to, upon the request and authorization of the owner, owner's agent, or operator of a covered building, as defined, deliver or otherwise provide aggregated energy usage data for a covered building to the owner, owner's agent, or building operator, or to the owner's account in the ENERGY STAR Portfolio Manager, as specified. This bill would authorize a utility to satisfy that requirement by delivering or otherwise providing aggregated energy usage data to the owner's account in any alternative system or tool approved by the State Energy Resources Conservation and Development Commission.
Existing law prohibits requiring a person desiring to use an electric vehicle charging station that requires payment of a fee from paying a subscription fee in order to use the station, or requiring the person to obtain membership in any club, association, or organization as a condition of using the station. Existing law authorizes an electric vehicle charging station to offer services on a subscription- or membership-only basis, if the station provides nonsubscribers or nonmembers the ability to use the station through a contactless payment method that accepts major credit and debit cards, as specified, and either an automated toll-free telephone number or a short message system (SMS) that provides the electric vehicle charging customer with the option to initiate a charging session and submit payment. Existing law requires a direct current fast charging station that is first installed or made publicly available on or after July 10, 2023, to also include Plug and Charge payment capabilities, as specified. Existing law authorizes the State Energy Resources Conservation and Development Commission to add to or subtract from these payment methods by regulation that is effective no earlier than January 1, 2028, as provided. This bill would create an exception to the above-described provisions to authorize an electric vehicle charging station to require that payment for charging services be made through the use of an internet-based application if the charging station is on the premises of an arena that has a seating capacity of at least 15,000 seats and can only be accessed through the use of that internet-based application. This bill would incorporate additional changes to Section 44268.2 of the Health and Safety Code proposed by AB 1423 to be operative only if this bill and AB 1423 are enacted and this bill is enacted last.
