The Planning and Zoning Law authorizes the legislative body of any county or city to adopt ordinances that, among other things, regulate the use of buildings, structures, and land as between industry, businesses, residences, and open space, as specified. This bill would prohibit a city, county, or city and county from approving a discretionary or ministerial permit or other entitlement that would result in the construction, or an expansion that increases the maximum peak water use, of a data center unless specified conditions are satisfied, including, among others, that the applicant provides the city, county, or city and a county prescribed information. The bill would include in this prescribed information a water scarcity plan and a water supply assessment, each as provided. The bill would also include in the specified conditions that the applicant assumes responsibility for the full cost of any required water conveyance, treatment or storage, or distribution infrastructure improvements necessary to serve the project, as determined by the applicable water supplier. The bill would provide that this provision is severable. By expanding the duties of local agencies to administer these provisions, this bill would impose a state-mandated local program. 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 no reimbursement is required by this act for a specified reason.
Existing law requires a manufacturer or supplier making an environmental marketing claim relating to the recycled content of a plastic food container product to maintain specified information and documentation in written form in its records in support of that claim and to, upon request, furnish that maintained information to any member of the public, as specified. Existing law requires the maintained information to include that the recycled content for materials has been diverted from the solid waste stream either during the manufacturing process (preconsumer) or after consumer use (postconsumer) and that the recycled content claim conforms to the uniform standards for recycled content contained in the Federal Trade Commission Guides for the Use of Environmental Marketing Claims. Existing law provides for the imposition of a civil penalty by a city, county, or the state for a violation of these provisions. This bill would, beginning January 1, 2030, expand the application of those provisions from plastic food container products to all products making recycled content claims. The bill would revise the reference to the Federal Trade Commission Guides for the Use of Environmental Marketing Claims to specifically refer to those guides as they read on January 1, 2026. The bill would additionally require documentation in written form that the recycled content material claimed does not exceed the amount of third-party certified recycled content introduced into the manufacturer's or supplier's overall supply stream for the material used in that product line. The bill would require the recycled content claim to be based on the actual recycled content used in the production of the material used in the product line using specified methods. The bill would require a manufacturer or supplier making an environmental marketing claim relating to the recycled content of a product other than a plastic food container product to furnish, upon request, the aforementioned maintained information to the Attorney General, as specified. The bill would also keep any confidential, proprietary, or trade secret information provided or obtained regarding a product, other than a plastic food container product, confidential, as provided. 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.
Existing law, the Plastic Pollution Prevention and Packaging Producer Responsibility Act (act) , regulates 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 covered materials to reduce and recycle 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 establishes, until January 1, 2037, the California Plastic Pollution Mitigation Fund, which consists of all environmental mitigation surcharges, interest, penalties, and other amounts collected pursuant to the act, as provided. The act requires, upon appropriation by the Legislature, that 60% of the moneys in the fund be expended to monitor and reduce the historical and current environmental justice and public health impacts of plastics, and that 40% of the moneys in the fund be expended to monitor and reduce the environmental impacts of plastics on terrestrial, aquatic, and marine life and human health. This bill would, among other things, require each expenditure made upon appropriation from the fund to comply with specified requirements, including, among others, prioritizing programs, projects, and initiatives that benefit communities most burdened by the impacts of plastic pollution or demonstrate meaningful and durable partnership with California Native American tribes and that provide multiple benefits. The bill would require each of those expenditures to achieve one or more of specified purposes, including, among others, sustained mitigation of the potential adverse health impacts of plastics, supporting a reduction in plastic production, use, and disposal, and supporting research, data collection, and monitoring activities, as specified. The bill would require each department, agency, or entity implementing a grant program funded by the fund to take specified actions, such as providing technical assistance and providing a simplified preapplication and application. The bill would require reimbursement of a grantee's or subgrantee's indirect costs by applying one of 4 enumerated rates, not to exceed 35% of the total grant award. The bill would authorize moneys from the fund to be expended on implementing the bill and would prohibit moneys from the fund from being expended on specified purposes. The bill would expand the entities eligible to receive grants from the fund, as specified. This bill would require the Secretary for Environmental Protection to annually publish a list of all program, project, and initiative expenditures made pursuant to the fund, as specified. The bill would authorize the secretary to request information from grant recipients, as provided.
(1) Existing law requires certain transportation planning agencies to prepare and adopt regional transportation plans directed at achieving a coordinated and balanced regional transportation system. Existing law requires a regional transportation plan to include a policy element, a sustainable communities strategy prepared by a metropolitan planning organization, an action element, and a financial element, as provided. Existing law requires those transportation planning agencies to adopt and submit every 4 years, except as provided, an updated regional transportation plan to the California Transportation Commission and the Department of Transportation. Existing law requires a sustainable communities strategy to achieve regional targets set by the State Air Resources Board for the reduction of greenhouse gas emissions from the automobile and light truck sector in the region for 2020 and 2035, respectively, and requires the state board to update those targets every 8 years, consistent with each metropolitan planning organization's timeframe for updating its regional transportation plan, as specified. Existing law establishes certain procedural requirements for setting and updating those targets and authorizes the state board to revise the targets every 4 years based on changes in specified factors. Existing law, to the extent the sustainable communities strategy is unable to achieve the greenhouse gas emission reduction targets, requires a metropolitan planning organization to prepare an alternative planning strategy to the sustainable communities strategy showing how the targets would be achieved through alternative development patterns, infrastructure, or additional transportation measures or policies. Existing law requires the state board to review each metropolitan planning organization's sustainable communities strategy and alternative planning strategy to determine whether the strategy, if implemented, would achieve the greenhouse gas emission reduction targets. This bill would revise and recast the requirements for a sustainable communities strategy, including, among other things, (A) requiring a sustainable communities strategy every 8 years with a progress report after 4 years instead of requiring a sustainable communities strategy every 4 years, (B) requiring the state board to provide each region with greenhouse gas emission reduction targets for 2035 and 2045, and (C) requiring the state board to hold technical workshops before providing those targets. The bill would also revise the state board's process for reviewing sustainable communities strategies and alternative planning strategies, as specified. Because the bill would expand duties of local agencies, it would impose a state-mandated local program. (2) Existing law requires, commencing January 1, 2020, the San Diego Association of Governments to begin developing an implementation report that tracks the implementation of its most recently adopted sustainable communities strategy, as provided. Existing law requires the Sacramento Area Council of Governments to report on the regional implementation of its most recently adopted sustainable communities strategy, as provided. This bill would repeal those provisions. (3) Existing law requires the Department of Transportation to prepare the California Transportation Plan for submission to the Governor and the Legislature as a long-range planning document that incorporates various elements and is consistent with specified expressions of legislative intent. Existing law requires the plan to identify the statewide integrated multimodal transportation system needed to achieve statewide greenhouse gas emission reduction targets and to attain state and national air quality standards. This bill would also require the plan to, among other things, incorporate performance measures into planning that informs delivery of transportation capital projects to help achieve the goals of the plan. The bill would, commencing with the 3rd update to the plan, revise the information that the department is required to include in the plan to include, among others, relevant performance measures within each district of the department. (4) Existing law requires certain funds appropriated by the Legislature from the Public Transportation Account to be made available for specified purposes, including, among other purposes, for the department's planning activities, mass transportation responsibilities, and assistance in regional transportation planning, as specified. This bill, for any activities within the region of a metropolitan planning organization, would require the department to limit funding to activities that are consistent with an applicable sustainable communities strategy or alternative planning strategy, as specified. (5) Existing law creates the Road Maintenance and Rehabilitation Program to address deferred maintenance on the state highway system and the local street and road system. Existing law provides for the deposit of various moneys for the program into the Road Maintenance and Rehabilitation Account. Existing law requires funds in the account to be allocated for various purposes, including, among others, $25,000,000, upon appropriation by the Legislature, for local planning grants to encourage local and regional planning that furthers state goals, as provided. Existing law requires the department to develop a grant guide for the allocation of these grants. This bill, for areas within a metropolitan planning organization, would require the grant guide to encourage planning that furthers the goals of a sustainable communities strategy or alternative planning strategy. (6) Existing law requires the commission, under a program commonly known as the Trade Corridor Enhancement Program, to allocate certain state and federal funds to infrastructure projects located on or along specified transportation corridors. Existing law establishes the Solutions for Congested Corridors Program and requires the commission to allocate state funds made available to the program to projects designed to achieve a balanced set of transportation, environmental, and community access improvements within highly congested travel corridors throughout the state. Under both programs, existing law requires projects within the boundaries of a metropolitan planning organization to be included in an adopted regional transportation plan that includes a sustainable communities strategy determined by the state board to achieve the region's greenhouse gas emission reduction targets. For purposes of those programs, this bill would instead require, if the metropolitan planning organization has adopted an alternative planning strategy, the projects to meet prescribed requirements, including that the predominant purpose of the project is to implement a specific greenhouse gas emission reduction strategy or addresses an impediment to achieving an applicable greenhouse gas emission reduction target identified in the alternative planning strategy. (7) Existing law requires funding to be available under the Solutions for Congested Corridors Program for projects that make specific performance improvements and are part of a comprehensive corridor plan designed to reduce congestion in highly traveled corridors. Existing law authorizes the department and certain regional transportation planning agencies to nominate projects for funding through the program. This bill would require funding to be available under the program for projects that, among other things, make specific performance improvements and support the implementation of a regional transportation plan. The bill would revise the requirements applicable to a project nomination under the program. The bill would require the commission to allocate program funds to projects that, among other things, are included in an adopted regional transportation plan, as specified. (8) 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 establishes the Office of Land Use and Climate Innovation in the Governor's office for the purpose of serving the Governor and the Governor's cabinet as staff for long-range planning and research and constituting the comprehensive state planning agency. This bill would require the office, on or before July 1, 2028, to compile, standardize, maintain, and make publicly available through a consolidated online platform a core set of statewide standardized spatial planning datasets, as defined. The bill would require the datasets to include specified categories of information, including hazardous data, natural resource sensitivity data, and agricultural value data, as provided. The bill would also require the office, on or before January 1, 2029, to develop and provide guidance for agencies to inform how to use and integrate the datasets in regional planning processes and products. The bill would require the office to update those datasets as new or revised data becomes available from the originating state or federal agencies. This bill would permit state, regional, and local governments to consider use of the standardized spatial planning datasets published by the office in the development and production of land use and infrastructure plans, as specified. The bill would require the office to provide technical assistance, upon request, for use of the data from these provisions. The bill would specify that it does not create new regulatory requirements, regulate land use or zoning, establish land use designations, or preempt the local land use authority of cities and counties.
Existing law defines "disadvantaged communities" and requires the California Environmental Protection Agency to identify disadvantaged communities for investment opportunities from the Greenhouse Gas Reduction Fund and for other purposes. This bill would require the agency to do specified things regarding farmworker communities for purposes of identifying disadvantaged communities including, among other things, assessing whether designating farmworker communities as disadvantaged communities would increase those communities' access to investment opportunities and identifying potential barriers faced by low-income farmworker communities in accessing investment opportunities, as specified. The bill would require the agency to make its findings publicly available on its internet website and consider those findings when identifying disadvantaged communities. The bill would require the agency and the Office of Environmental Health Hazard Assessment to develop and implement a strategy for engaging with farmworker communities on environmental, health, and socioeconomic burdens, as provided.
Existing law establishes the Department of Toxic Substances Control, which regulates the handling and management of hazardous waste and hazardous materials, and establishes the Office of Environmental Health Hazard Assessment and the State Air Resources Board. Existing federal law sets action levels for lead in dust and emission standards for asbestos, and existing state law sets workplace standards for asbestos. Existing law authorizes local health officers to take specified actions to protect public health and establishes procedures for the remediation of certain contaminated properties. This bill would require the Department of Toxic Substances Control, in consultation with the Office of Environmental Health Hazard Assessment and other relevant coordinating agencies, on or before December 31, 2028, to develop and adopt regulations pertaining to lead and asbestos testing, remediation, and restoration after a wildfire and, on or before December 31, 2029, to develop and publish guidance pertaining to specified other contaminants, as provided. The bill would require the State Air Resources Board, on or before December 31, 2028, to develop and publish guidance on indoor air contaminants following residential smoke damage from a wildfire, as provided. The bill would provide that, until the adoption of the regulations and guidance, specified lead and asbestos standards shall apply for wildfire-caused lead and asbestos remediation, as provided. The bill would require the department, in collaboration with the State Department of Education and other relevant state agencies, no later than July 1, 2028, to develop advisory, nonregulatory guidance for schools after a wildfire, as provided. The bill would exempt the regulations and guidance from the Administrative Procedure Act. The bill would become operative only if AB 1795 of the 2025–26 Regular Session is enacted and takes effect on or before January 1, 2027.
Existing law, the Responsible Battery Recycling Act of 2022, establishes a stewardship program, administered by the Department of Resources Recycling and Recovery, with the Department of Toxic Substances Control, as provided, for the collection, transportation, and recycling, and the safe and proper management, of covered batteries in the state in an economically efficient and practical manner. The act defines a "covered battery" to mean a device consisting of one or more electrically connected electrochemical cells designed to receive, store, and deliver electric energy. Existing law defines a "covered battery" to include a loose battery that is designed to be easily removed from a product by the user of the product with no more than common household tools. Existing law excludes from the definition of a covered battery a primary battery weighing over 2 kilograms. Existing law defines a "primary battery" for this purpose to mean a nonrechargeable battery, including, but not limited to, alkaline, carbon-zinc, and lithium metal batteries. Existing law also excludes from the definition of a covered battery a rechargeable battery weighing over 5 kilograms and having a watthour rating of more than 300 watthours. This bill would revise the description of a loose battery, for purposes of the definition of a covered battery, by providing that a key, application, or other locking device provided to the consumer by the producer of the product or battery that is warranted by the producer of the product or battery to serve solely to prevent theft of the battery or tampering by persons other than the consumer and not to inhibit the consumer's ability to remove, replace, or recycle the battery would not prevent a battery from being considered designed to be easily removed from a product by the user of the product with no more than common household tools. The bill would remove the exclusions from the definition of a covered battery for a primary battery and a rechargeable battery, described above. The bill would categorize all covered batteries as either a small format battery or a medium format battery. The bill would define a "small format battery" to include a rechargeable battery weighing no more than 11 pounds with a rating of no more than 300 watthours and a nonrechargeable battery weighing no more than 4.4 pounds. The bill would define a "medium format battery" to include a rechargeable battery that weighs more than 11 pounds or that has a rating of more than 300 watthours, or both, but that does not weigh more than 25 pounds or have a rating more than 2,000 watthours, and a nonrechargeable battery weighing more than 4.4 pounds but fewer than 25 pounds. The act requires a producer of covered batteries, individually or through a stewardship organization, to develop and implement a stewardship plan for the collection, transportation, and recycling, and the safe and proper management, of covered batteries in the state. The act requires the stewardship plan to describe how the producer or stewardship organization will provide a certain number of collection sites for covered batteries in each county, as provided. This bill would instead require the stewardship plan to describe how the producer or stewardship organization will provide a certain number of collection sites for small format batteries and medium format batteries, as specified. The act requires a stewardship plan to include, among other things, consultation with the California Environmental Protection Agency's Environmental Justice Task Force and coordination with certain entities, including, but not limited to, other program operators, as provided. This bill would require a stewardship plan to include consultation with the department's Office of Environmental Justice, Tribal Relations, Education and Outreach instead of the Environmental Justice Task Force. The bill would require the stewardship to additionally include coordination with California Native American Tribes. The bill would require a stewardship plan to demonstrate that the stewardship organization has adequate financial responsibility and financial controls in place to ensure proper management of funds. The act requires the program operator to retain an independent public accountant to annually audit the accounting books for the program operator. This bill would require the annual audit to be prepared in accordance with the Financial Accounting Standards Board's accounting standards codification. The bill would require a program operator to annually demonstrate achievement of minimum recycling rates for rechargeable, nonrechargeable, and primary batteries. This bill would authorize the Department of Toxic Substances Control and certain local officers and agencies to enter and inspect any collection site, establishment, or any other place or environment, where hazardous wastes are stored, handled, processed, disposed of, or being treated to recover resources, as a result of the requirements of the act, as specified. The bill would, to ensure compliance with the act, authorize the department to inspect and investigate producers, program operators, stewardship organizations, manufacturers, distributors, retailers, importers, recyclers, and collection sites. The act requires records required by the act to be maintained and accessible to the department for 3 years. The act requires all reports and records provided to the department to be provided under penalty of perjury. This bill would require records required by the act to be maintained and accessible to the department for 5 years. By expanding the document retention period and by expanding the scope of the act, the bill would expand the scope of the crime of perjury, thereby imposing 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 requires the Secretary for Environmental Protection to convene the Lithium-Ion Car Battery Recycling Advisory Group to review, and advise the Legislature on, policies pertaining to the recovery and recycling of lithium-ion vehicle batteries sold with motor vehicles in the state. Existing law also requires the advisory group to submit policy recommendations to the Legislature aimed at ensuring that as close to 100% as possible of lithium-ion vehicle batteries in the state are reused or recycled at end of life in a safe and cost-effective manner. Existing law designates the State Air Resources Board as the state agency charged with coordinating efforts to attain and maintain ambient air quality standards and to regulate emissions from motor vehicles. Existing state board regulations require certain new motor vehicles to be equipped with specified traction battery labels. This bill would require, commencing July 1, 2028, a battery supplier, as defined, to equip a new vehicle traction battery sold in the state with a permanent label containing only specified information, as provided. The bill would require a remanufacturer to rebrand and relabel a remanufactured vehicle traction battery, as provided. The bill would require each battery supplier and remanufacturer, no later than 90 days after the chaptering of the act, to register with the state board and provide the state board with specified information. The bill would require those entities to update that registration and information annually and upon request of the board, as provided. The bill would require the state board to adopt regulations no later than July 1, 2031, to implement and enforce these provisions and would require the state board to determine the most cost-effective means to accept required electronic submissions, as provided. This bill would require battery suppliers, beginning July 1, 2029, and annually thereafter, to pay the state board a fee sufficient to cover the state board's full personnel, administrative, regulatory, and loan and interest costs related to implementing and enforcing these provisions. The bill would require the state board to create a tiered fee schedule based on each battery supplier's share of total in-state vehicle registrations with vehicle traction batteries 10 years prior, and would exempt establishment of and updates to that schedule from the Administrative Procedure Act. The bill would establish the Vehicle Traction Battery Recovery Fund (fund) in the State Treasury and would require the state board to deposit all fee moneys into the fund, as specified. Moneys in the fund would be available, upon appropriation by the Legislature, only to implement and enforce these provisions, and to reimburse specified loans and interest. The bill would authorize, upon appropriation by the Legislature, the Director of Finance to make a loan from an unspecified fund to the fund to meet regulatory and startup costs of the state board's activities pursuant to these provisions. The state board's duties under the bill would be contingent upon an appropriation for these purposes.
Existing law establishes an accidental release prevention program for the state. Under that law, stationary sources subject to the accidental release prevention program may be required to prepare and submit a risk management plan (RMP) to prevent accidental releases of certain substances. Existing law imposes criminal penalties upon a stationary source that knowingly violates the requirements of the accidental release prevention program. This bill would state findings and declarations concerning refinery closures in California. The bill would establish the Refinery Safe Staffing Task Force to develop potential methods and strategies for ensuring maximum employee retention at refineries and addressing employment dislocations associated with oil, gas, and related industries, with membership, as specified, appointed and commencing service no later than January 1, 2028. The bill would require the task force, no later than June 1, 2029, to present to the Legislature and make available online to the public a report documenting a wide range of potential methods and strategies for ensuring maximum employee retention in the time period preceding refinery closure or long-term idling of a refinery, for ensuring safe operation in the event of understaffing, and for transitioning oil and gas workers into sectors that match their skills and experience. The bill would repeal the task force provisions on January 1, 2030.
