(1) Existing law requires the Director of Fish and Wildlife, within 24 hours of notification of a spill or discharge, as described, to close certain waters to the take of all fish and shellfish. Existing law provides that closure is not required if the Office of Environmental Health Hazard Assessment (OEHHA) finds, within 24 hours of the notification, that a public health threat does not or is unlikely to exist. Existing law requires the director, in consultation with OEHHA, to make specific determinations with regard to the spill or discharge within 48 hours of the notification. Existing law requires the director, within 48 hours of notification or as soon as is feasible, in consultation with OEHHA, to assess and determine the potential danger from consuming fish contained in a recirculating seawater tank onboard a vessel. Existing law requires the director to seek full reimbursement from the responsible parties for the spill or discharge for all reasonable costs incurred by the department in carrying out these provisions. A violation of the Fish and Game Code is a crime. This bill would revise those provisions by, among other things, authorizing, instead of requiring, after a notification of a spill or discharge the director to close certain waters to the take of all fish or shellfish or to otherwise restrict the take and possession of all fish or shellfish in those waters. The bill would require closure if OEHHA finds that a public health threat exists or is likely to exist, and would require the director, in determining the need for a closure, to initiate consultation with OEHHA no later than 24 hours after a notification of a spill or discharge regarding the likelihood of a public health threat, if specified conditions are met. The bill would also authorize OEHHA to seek full reimbursement for all reasonable costs it incurs. The bill would make it unlawful to take any fish or shellfish from any waters closed pursuant to these provisions or to otherwise violate any restriction imposed pursuant to these provisions. By creating a new crime, the bill would impose a state-mandated local program. (2) Existing law authorizes the administrator for oil spill response (administrator) to offer grants to a local government, Native American tribe, or other public entity with jurisdiction over or directly adjacent to waters of the state to provide oil spill response equipment to be deployed by a certified local spill response manager, as provided. This bill would provide that a federally recognized tribe, instead of a Native American tribe, is eligible to receive those grants. Existing law requires the administrator, taking into consideration the California oil spill contingency plan, to promulgate regulations regarding the adequacy of oil spill elements of area plans adopted pursuant to specified existing law. Existing law authorizes the administrator to offer, to a unified program agency with jurisdiction over or directly adjacent to waters of the state, a grant to complete, update, or revise an oil spill element of the area plan. Existing law establishes the Environmental Enhancement Grant Program and requires grants to be awarded to nonprofit organizations, cities, counties, cities and counties, districts, state agencies, and departments. This bill would provide that a federally recognized tribe is also eligible to receive the above-described grants. (3) Existing law makes a responsible party, as defined, absolutely liable without regard to fault for any damages incurred by any injured person that arise out of, or are caused by, a spill, with specified exemptions including the discharge or leaking of oil or natural gas from a private pleasure boat or vessel. This bill would remove the discharge or leaking of oil or natural gas from a private pleasure boat or vessel from those exemptions from liability. (4) 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 California Environmental Quality Act (CEQA) requires a lead agency, as defined, to prepare, or cause to be prepared, and certify the completion of an environmental impact report on a project that it proposes to carry out or approve that may have a significant effect on the environment or to adopt a negative declaration if it finds that the project will not have that effect. CEQA also requires a lead agency to prepare a mitigated negative declaration for a project that may have a significant effect on the environment if revisions in the project would avoid or mitigate that effect and there is no substantial evidence that the project, as revised, would have a significant effect on the environment. CEQA exempts from its requirements various projects, including, but not limited to, housing projects that meet certain requirements and activities and approvals related to certain prison facilities. This bill would exempt from the requirements of CEQA any activity or approval necessary for the completion of the Gypsum Canyon Veterans Cemetery in the County of Orange if specified conditions are met. To the extent that a local agency would be required to determine whether an activity or approval qualifies for this exemption, the bill would impose a state-mandated local program. The bill would repeal this provision on January 1, 2030. This bill would make legislative findings and declarations as to the necessity of a special statute for the Gypsum Canyon Veterans Cemetery in the County of Orange. 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 declare that it is to take effect immediately as an urgency statute.
Existing law prohibits a person from offering for sale or distribution, or otherwise entering into commerce in the state, bulk hydrofluorocarbons or bulk blends containing hydrofluorocarbons that exceed a specified global warming potential limit beginning January 1, 2025, and lower global warming potential limits beginning January 1, 2030, and January 1, 2033. Existing law exempts from that prohibition hydrofluorocarbons that are reclaimed, as defined under a specified federal regulation. Under existing law, a violation of these prohibitions is a crime. This bill would eliminate the exemption for reclaimed hydrofluorocarbons and would instead create new exemptions for certain refrigerants, as specified. By eliminating the exemption for reclaimed hydrofluorocarbons, the bill would expand the scope of a crime and thereby 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. This bill would declare that it is to take effect immediately as an urgency statute.
Existing law requires the Secretary for Environmental Protection to adopt regulations and implement a unified hazardous waste and hazardous materials management regulatory program. A city or local agency that meets specified requirements is authorized to apply to the secretary to implement the unified program, and every county is required to apply to the secretary to be certified to implement the unified program as a Certified Unified Program Agency (CUPA) . Existing law establishes the Rural CUPA Reimbursement Account in the General Fund, and requires the Secretary for Environmental Protection to allocate funds to counties with populations of less than 150,000 persons for which a CUPA has not been certified on or before January 1, 2000, and in which the unified program has been implemented by a CUPA designated by the secretary, as specified, in amounts not to exceed designated percentages of budgeted costs. This bill, contingent on an appropriation for its purposes, would make every county with a population of less than 150,000 persons eligible for these funds without regard to the date of certification or the qualification regarding CUPA implementation of the unified program.
Existing sales and use tax laws impose taxes on retailers measured by the gross receipts from the sale of tangible personal property sold at retail in this state, or on the storage, use, or other consumption in this state of tangible personal property purchased from a retailer for storage, use, or other consumption in this state. The California Alternative Energy and Advanced Transportation Financing Authority Act establishes the California Alternative Energy and Advanced Transportation Financing Authority. The act authorizes, until January 1, 2026, the authority to provide financial assistance to a participating party by authorizing exclusions from sales and use tax for certain projects, including those that promote California-based manufacturing, California-based jobs, advanced manufacturing, the reduction of greenhouse gases, or a reduction in air and water pollution or energy consumption. The Sales and Use Tax Law, for the purposes of the taxes imposed pursuant to that law, until January 1, 2026, excludes the lease or transfer of title of tangible personal property constituting one of those projects to any contractor for use in the performance of a construction contract for a participating party that will use that property as an integral part of the approved project. This bill would extend to January 1, 2028, the authorization to provide financial assistance in the form of a sales and use tax exclusion for projects approved by the authority. The bill would add electrical generation facilities using nuclear fusion technology to the types of projects qualifying for this sales and use tax exclusion. The bill would, on and after January 1, 2026, for an applicant that, together with its parent corporation and subsidiaries, employs 500 or more employees, prohibit the authority from approving a project unless the applicant certifies that the applicant and its subcontractors will comply with certain labor requirements. The bill would make other conforming changes. This bill would take effect immediately as a tax levy.
Existing law requires the State Energy Resources Conservation and Development Commission to prescribe, by regulation, lighting, insulation, climate control system, and other building design and construction standards, and energy and water conservation design standards, for new residential and new nonresidential buildings to reduce the wasteful, uneconomic, inefficient, or unnecessary consumption of energy, as specified. This bill would require the commission to evaluate the cost-effectiveness of passive house energy efficiency standards by California climate zone, using commission-adopted metrics such as long-term system cost. The bill would require the commission to evaluate the use of the 2 passive house energy models currently required for passive house certification in its analysis and the cost-effectiveness of passive house construction compared to existing construction, as specified. The bill would require the commission, on or before July 1, 2028, to submit a report to the Legislature documenting its findings and recommendations.
Existing law prohibits requiring a person desiring to use an electric vehicle charging station, as defined, 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 allows nonsubscribers or nonmembers 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 customer with the option to initiate a charging session and submit payment. Existing law authorizes the State Energy Resources Conservation and Development Commission, by regulation that is effective no earlier than January 1, 2028, to add to or subtract from those required payment methods, as specified. This bill would instead authorize the commission to modify, add to, or subtract from those required payment methods, as appropriate in light of changing technologies or cost impacts. This bill would incorporate additional changes to Section 44268.2 of the Health and Safety Code proposed by SB 533 to be operative only if this bill and SB 533 are enacted and this bill is enacted last.
Existing law, the Personal Income Tax Law and the Corporation Tax Law, in conformity with federal income tax law, generally defines "gross income" as income from whatever source derived, except as specifically excluded, and provides various exclusions from gross income. Existing federal law authorizes an applicable entity, as defined, to receive a refund for specified environmental credits against the taxes imposed under federal law and excludes a refund payment made pursuant to that law from gross income. Existing federal law also authorizes an eligible taxpayer, as defined, to transfer the value of that refundable credit and exempts from gross income payment received by the transferor as consideration for the transfer. Existing federal law prohibits the transferee from deducting the amount paid as consideration for the transfer. This bill, in conformity with federal law, for taxable years beginning on or after January 1, 2026, and before January 1, 2031, would exclude from gross income a refund payment made for the specified federal environmental credits described above and any payment received by a transferor as consideration for a transfer, as provided. The bill would also prohibit a transferee from deducting the amount paid as consideration for the transfer, in conformity with federal law. Existing law requires a bill authorizing a new tax expenditure to contain, among other things, specific goals, purposes, and objectives the tax expenditure will achieve, detailed performance indicators, and data collection requirements. This bill would include additional information required for any bill authorizing a new tax expenditure. This bill would take effect immediately as a tax levy.
The California Land Reuse and Revitalization Act of 2004 provides, among other things, that an innocent landowner, bona fide purchaser, or contiguous property owner, as defined, qualifies for immunity from liability from certain state statutory and common laws for pollution conditions caused by a release or threatened release of a hazardous material if specified conditions are met, including entering into an agreement for a specified site assessment and response plan. The act prohibits the Department of Toxic Substances Control, the State Water Resources Control Board, and a California regional water quality control board from requiring one of those persons to take a response action under certain state laws, except as specified. Existing law repeals the act on January 1, 2027. Existing law provides that a person who qualifies for immunity under the act before January 1, 2027, shall continue to have that immunity on and after January 1, 2027, if the person continues to be in compliance with the requirements of the former act. This bill would extend the repeal date of the act to January 1, 2037, and would provide that a person who qualifies for immunity under the act before January 1, 2037, shall continue to have that immunity on and after January 1, 2037, if the person continues to be in compliance with the requirements of the former act.
Existing provisions of the California Constitution make the Attorney General, subject to the powers and duties of the Governor, the chief law officer of the state. Under existing law, the Attorney General may maintain an action for equitable relief in the name of the people of the State of California against any person for the protection of the natural resources of the state from pollution, impairment, or destruction. This bill would continue in existence in the Department of Justice a Bureau of Environmental Justice. Existing law requires the State Air Resources Board to prepare, in consultation with specified entities, a monitoring plan regarding the availability and effectiveness of toxic air contaminant and criteria air pollutant advanced sensing monitoring technologies and existing community air monitoring systems, as specified, and based on the findings and recommendations of that plan, select, in consultation with the air pollution control districts and air quality management districts, the highest priority locations around the state to deploy community air monitoring systems, as provided. This bill would require monitoring in a location selected by the state board to remain active for no fewer than 5 years, with an option for the air district and the state board to agree to extend active monitoring for additional 5-year periods, as necessary. The bill would require the state board to update the above-described monitoring plan by July 1, 2026, and every 5 years thereafter. The bill would require the update to be considered and approved by the state board before it is implemented. The bill would subject these requirement to available funding. The bill would require, by March 1, 2027, and annually thereafter, the state board, in consultation with the air districts, to report to specified committees of the Legislature about the progress the state board and the air districts have made in implementing these and other provisions, as specified. The bill would require the chair of the state board and the executive directors or air pollution control officers of the relevant air districts to appear before the relevant policy committees of the Legislature to present on the progress in implementing those requirements. By imposing additional requirements on air districts, this 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, 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.
