Existing law establishes the State Water Resources Control Board in the California Environmental Protection Agency (CalEPA) and the California regional water quality control boards which prescribe waste discharge requirements in accordance with the Federal Water Pollution Control Act and the Porter-Cologne Water Quality Control Act. Existing law, the Petroleum Industry Information Reporting Act of 1980, requires refiners, as defined, to report monthly to the State Energy Resources Conservation and Development Commission (Energy Commission) , for each of their refineries, specified information, and requires that any confidential information pertinent to the responsibilities of the Energy Commission, as provided, which is obtained by another state agency be available to the Energy Commission and be treated in a confidential manner. This bill would require, no later than December 31, 2028, every refiner, as defined for purposes of the bill, to submit to CalEPA a retirement plan setting forth information concerning decommissioning and site remediation for every refinery it owns, operates, or controls, as provided. The bill would require the CalEPA, no later than 6 months following the submission of the retirement plan, to review the retirement plan for completeness and reasonableness and to make a determination as to whether the retirement plan complies with the requirements imposed by the bill. The bill would require CalEPA, if it determines that the retirement plan complies with the bill's requirements, to make the retirement plan available on CalEPA's internet website for public comments for not less than 45 days. The bill would authorize CalEPA to require further revisions to the retirement plan after the public comment period, as provided, before it is deemed final. The bill would require CalEPA, after CalEPA has determined that no further revisions are necessary, to promptly post the final retirement plan on its internet website. This bill would require a refiner who, on or after January 1, 2026, gives notice of intent to permanently shut down, shut down to reconfigure, or sell a refinery in a transaction that may result in a refinery shutting down or reconfiguring, as provided, to submit either the required retirement plan, or, if a final retirement plan has been released, an update of the retirement plan within a specified timeframe, as provided. The bill would require, on or before December 31, 2027, CalEPA to publicly provide an overview of the methods, costs, and timelines associated with soil and groundwater remediation that have been employed at refineries that have undergone decommissioning and remediation and to update the overview, as provided. This bill would make information filed pursuant to the above-described provisions confidential information, as provided. The bill would require a refiner to file the final retirement plan concurrently with the Energy Commission and the Division of Occupational Safety and Health. The bill would authorize CalEPA, the Energy Commission, and the Division of Occupational Safety and Health to share the information with the Legislature, any governmental agency, or a local government, including an air pollution control district or an air quality management district, only if the Legislature, the governmental agency, or the local government that receives the information agrees to maintain the confidentiality of the information. The bill would further require any information that is, or may be, accessible by the public, as provided, by CalEPA, the Department of Toxic Substances Control, a certified unified program agency, or a local government, to be made publicly available even if that information is also contained in the retirement plan. This bill would require, on or before December 31, 2027, CalEPA, in coordination with the Energy Commission, to compile a survey of existing local, state, and federal statutory and regulatory requirements applicable to refiners concerning decommissioning, closure, financial assurance, and site remediation obligations, as provided, for a specified purpose. This bill would require CalEPA, no later than one year after the retirement plans are deemed final, to publish publicly on CalEPA's internet website a report assessing the total decommissioning and remediation liabilities for refineries in the state, and identify opportunities for greater transparency prior to the closure notice, 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 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.
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 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 certain projects from its requirements and authorizes a lead agency, if it determines a certain project is exempt from CEQA, to file a notice of exemption, as provided. This bill would exempt from CEQA the closure of a railroad grade crossing by order of the Public Utilities Commission if the commission finds the crossing to present a threat to public safety. The bill would provide that the exemption is inapplicable to any crossing for high-speed rail or any crossing for a project carried out by the High-Speed Rail Authority. The bill would require the lead agency to file the notice of exemption with specified public entities, as provided. Because the bill would impose additional duties on a lead agency with regard to the filing of the notice of exemption, 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. This bill would declare that it is to take effect immediately as an urgency statute.
(1) Existing law creates the California Coastal Sanctuary and provides that it includes all state waters subject to tidal influence, except as provided. Existing law authorizes the State Lands Commission to enter into any lease for the extraction of oil or gas from state-owned tidelands and submerged lands in the California Coastal Sanctuary if the commission determines both that oil and gas deposits in the California Coastal Sanctuary are being drained by means of producing wells upon adjacent federal lands and that the lease is in the best interest of the state. This bill would prohibit the commission from entering into leases for the extraction of oil or gas, as described above, in areas designated as California marine protected areas or national marine sanctuaries, as provided. (2) Existing law prohibits the commission or a local trustee, as defined, of granted public trust lands from entering into a new lease or other conveyance authorizing new construction of oil- and gas-related infrastructure upon tidelands and submerged lands within state waters associated with Pacific Outer Continental Shelf leases issued after January 1, 2018, except as provided. Existing law requires the commission or a local trustee when approving or disapproving a lease renewal, extension, amendment, or modification authorizing new construction of oil- and gas-related infrastructure upon tidelands and submerged lands within state waters associated with Pacific Outer Continental Shelf leases issued after January 1, 2018, to follow a specified process. This bill would additionally prohibit leases and oil- and gas-related infrastructure located upon tidelands and submerged lands within state waters from being used to support Pacific Outer Continental Shelf leases issued after January 1, 2026, except as provided. The bill would additionally require the commission or the local trustee, in considering approval or disapproval, to consider additional factors, as specified. By imposing additional duties on local trustees in the consideration of a lease renewal, extension, amendment, or modification, 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.
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, until January 1, 2033, exempts from its requirements certain actions for affordable housing projects that meet specified requirements, including confirmation by a public agency that, among other things, the project site satisfies specified requirements and a vacant project site does not contain tribal cultural resources that could be affected by the development that were found pursuant to a consultation and the effects of which cannot be mitigated, as provided. This bill would extend the operation of the above-described exemption to January 1, 2037, and would expand the exemption to also include a public university or public college housing project, as defined, that meets specified requirements. Because the bill would extend the operation of the exemption and would increase duties on a lead agency related to the expansion of this exemption, 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.
Under the Z'berg-Nejedly Forest Practice Act of 1973, the Legislature finds and declares that it is the policy of the state to encourage prudent and responsible forest management of nonindustrial timberlands by approving working forest management plans in advance. Existing law regulates nonindustrial tree farmers and working forest landowners for timberland management purposes, including by setting a maximum acreage each may own, and authorizes a person who intends to become a nonindustrial tree farmer or a working forest landowner to submit to the Department of Forestry and Fire Protection a nonindustrial timber management plan or a working forest harvest plan, respectively, regarding that acreage. Existing law provides a maximum of 2,500 acres owned for nonindustrial tree farmers and nonindustrial timber management plans and a maximum of 10,000 acres owned for working forest landowners and working forest management plans. This bill would increase the maximum acreage for nonindustrial tree farmers and nonindustrial management plans to 4,000 acres and for working forest landowners and working forest management plans to 15,000 acres. Existing law requires the harvest area of a working forest management plan to be contained within a single hydrological area, as defined. This bill would eliminate the requirement that the harvest area of a working forest management plan be contained within a single hydrological area. Existing law requires the working forest landowner who owns, leases, or otherwise controls or operates on all or any portion of any timberland within the boundaries of an approved working forest management plan, and who plans to harvest any of the timber during a given year, to file a working forest harvest notice, as defined, with the department in writing. Existing law exempts the Southern Subdistrict of the Coast Forest District, as described in regulations, from these provisions regarding working forest management plans. This bill would eliminate this exemption.
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. Existing law exempts from CEQA a public project for the improvement, institution, or increase of passenger rail service, including the maintenance, construction, or rehabilitation of stations, terminals, or existing operations facilities that will be exclusively used by zero-emission trains or specified rolling stock or locomotives, as provided. This bill would exempt from CEQA, except as specified, a public urban, intermodal rail station project within a long-urbanized area within the statewide passenger rail network, at which high-capacity light, commuter, and intercity rail services converge that meets specified conditions, including, among other requirements, a requirement for compliance with various environmental laws and for the adoption of a plan for how any displacement from the project will be fully addressed, as provided. The bill would require a lead agency, if it determines that a project is not subject to CEQA pursuant to this exemption, and it determines to carry out the project, to file a notice of exemption with the Office of Land Use and Climate Innovation and the county clerk of the county in which the project is located, as provided. The bill would permit exemption only for projects for which a notice of exemption is filed before January 1, 2032. Because a lead agency would be required to determine the applicability of this exemption, 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, the State Bar Act, provides for the licensure and regulation of attorneys by the State Bar of California, a public corporation. The act requires an attorney to strictly maintain client confidences and to preserve client secrets at their own peril. This bill would prohibit an attorney from delegating the practice of law to generative artificial intelligence. The bill would require an attorney who uses generative artificial intelligence to assist in the practice of law to, among other things, not enter confidential, personal identifying, and other nonpublic information into a generative artificial intelligence system, as specified. The bill would also require an attorney to take reasonable steps to verify the accuracy of generative artificial intelligence outputs and to correct any erroneous or hallucinated output in any material used by the attorney. Existing law requires every pleading, petition, written notice of motion, or other similar paper to be signed by the attorney of record, or if a party is unrepresented, by the party, thereby certifying to the best of the person's knowledge, information, and belief that it is not being presented primarily for an improper purpose and that the claims, defenses, and legal and factual contentions are warranted, as specified. This bill would prohibit a brief, pleading, motion, or any other paper filed in any court from containing any citations that an attorney responsible for submitting the pleading has not personally verified, including any citation provided by generative artificial intelligence. Existing law, the California Arbitration Act, provides a statutory framework for the enforcement of contractual arbitration under California law. The act establishes that a written agreement to submit a present or future controversy to arbitration is valid, enforceable, and irrevocable, except as specified. The act defines a neutral arbitrator as one who is selected jointly by the parties or by the parties' arbitrators, or is appointed by the court if the parties or their arbitrators cannot jointly select an arbitrator. The act requires a person selected to serve as a neutral arbitrator to disclose all matters that could cause a person aware of the facts to reasonably entertain a doubt as to the proposed neutral arbitrator's impartiality. This bill would prohibit an arbitrator from delegating any part of their decisionmaking process to any generative artificial intelligence tool, and would prohibit an arbitrator from relying on information generated by generative artificial intelligence outside the record without making appropriate disclosures to the parties beforehand, as specified. The California Constitution establishes the Judicial Council, and requires the Judicial Council to adopt rules for court administration, practice, and procedure, and to undertake certain responsibilities with regard to court facilities. This bill would require the Judicial Council to publicly revisit a specified standard of judicial administration to incorporate any necessary changes reflecting the further development of generative artificial intelligence. Existing law requires the State Bar to create a program to certify alternative resolution firms, providers, or practitioners. Existing law requires the program to include procedures to verify, among other things, that a firm, provider, or practitioner has procedures in place for persons to make complaints regarding the failure of an arbitrator or mediator of the firm, provider, or practitioner to comply with ethical standards, as applicable, and procedures to remedy failures of arbitrators or mediators to comply with those standards. This bill would instead require the State Bar to adopt procedures for the State Bar or a professional organization to receive, investigate, and resolve any complaints that a certified firm, provider, or practitioner failed to comply with the applicable ethical standards of conduct, as specified. The bill would require complaint proceedings to occur in private and be confidential. After a decision on a complaint, the bill would authorize the State Bar to publicly disclose information or records concerning complaint proceedings that do not reveal confidential or privileged communications. The bill would exempt information, records, or communications provided under these provisions from disclosure under the Public Records Act. 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.
(1) Under existing law, the State Water Resources Control Board and the 9 California regional water quality control boards regulate water quality and prescribe waste discharge requirements in accordance with the Porter-Cologne Water Quality Control Act (act) and the National Pollutant Discharge Elimination System (NPDES) permit program. Under the act, the State Water Resources Control Board is authorized to adopt water quality control plans for waters for which quality standards are required by the federal Clean Water Act, as specified, and that in the event of a conflict, those plans supersede regional water quality control plans for the same waters. This bill would authorize the state board to adopt water quality control plans for nexus waters, which the bill would define as all waters of the state that are not also navigable, except as specified. The bill would require any water quality standard that was submitted to, and approved by, or is awaiting approval by, the United States Environmental Protection Agency or the state board that applied to nexus waters as of May 24, 2023, to remain in effect, as provided. The bill would require the state board and regional boards to include nexus waters in all federal Clean Water Act processes, including, but not limited to, the California Integrated Report and the establishment of total maximum daily loads, as specified. (2) Existing law requires a regional board, after any necessary hearing, to prescribe requirements as to the nature of any proposed discharge, existing discharge, or material change in an existing discharge, except discharges into a community sewer system, with relation to the conditions existing in the disposal area or receiving waters upon, or into which, the discharge is made or proposed and sets forth what the requirements are to include. This bill would require the above-described discharge requirements to, in the case of discharges from any point source to nexus waters, implement, at a minimum, the requirements of provisions implementing the Federal Water Pollution Control Act and acts amendatory thereof or supplementary thereto. (3) The act authorizes the imposition of civil penalties for violations of certain waste discharge requirements, including violation of a cease and desist order or a cleanup and abatement order, and requires that penalties imposed pursuant to these provisions be deposited into the Waste Discharge Permit Fund, to be expended by the state board, upon appropriation by the Legislature, for specified purposes related to water quality. For violations of certain other waste discharge requirements, the act imposes specified civil penalties, the proceeds of which are deposited into the continuously appropriated State Water Pollution Cleanup and Abatement Account. This bill would require, commencing January 1, 2026, and each calendar year thereafter, the state board's executive director to adjust civil monetary penalties, as specified, including the civil penalties for the above-described provisions. The bill would require moneys collected in accordance with these annual adjustments to be deposited into the Penalty Adjustment Account, that the bill would establish within the Waste Discharge Permit Fund, and upon appropriation by the Legislature, be expended by the state board for purposes of cleaning up and abating the effects of waste on waters of the state. (4) Existing law generally provides for enforcement and implementation of the act. This bill would authorize specified entities, including the Attorney General and the state board, to bring an action to enforce certain provisions related to nexus waters or waste discharge requirements for nexus waters, as provided. (5) The act provides various provisions related to waste discharge to ensure consistency with the requirements for state programs implementing the Federal Water Pollution Control Act and acts amendatory thereof or supplementary thereto. The act defines the terms "navigable waters," "administrator," "pollutants," "biological monitoring," "discharge," and "point sources" as having the same meanings as in the Federal Water Pollution Control Act. This bill would provide that "waste discharge requirements" include waste discharge requirements issued for discharges to nexus waters, and "discharge" includes any addition of a pollutant to a nexus water from any point source. The bill would provide that for purposes of compliance with the Federal Water Pollution Control Act, nexus waters shall be treated as though they are navigable waters and navigable waters of the United States. The bill would require waste discharge requirements adopted or amended for discharges to nexus waters to be adopted pursuant to and in accordance with the requirements of provisions implementing the Federal Water Pollution Control Act and acts amendatory thereof or supplementary thereto, as specified. (6) The act requires a person who discharges pollutants or proposes to discharge pollutants to the navigable waters of the United States within the jurisdiction of this state or a person who discharges dredged or fill material or proposes to discharge dredged or fill material into the navigable waters of the United States within the jurisdiction of this state to file a report of the discharge, except as specified. The act prohibits the discharge of pollutants or dredged or fill material or the operation of a publicly owned treatment works or other treatment works treating domestic sewage by any person, except as authorized by waste discharge requirements or dredged or fill material permits. This bill would require a person to file a report for discharges to nexus waters. The bill would apply the above-described prohibition to nexus waters.
