The California Integrated Waste Management Act of 1989 requires the Director of Transportation, upon consultation with the Department of Resources Recycling and Recovery, to review and modify all bid specifications relating to the purchase of paving materials, and base, subbase, and pervious backfill materials, using recycled materials. Existing law requires the specifications to be based on standards developed by the Department of Transportation for recycled paving materials and for recycled base, subbase, and pervious backfill materials. Existing law requires a local agency that has jurisdiction over a street or highway, to the extent feasible and cost effective, to apply standard specifications that allow for the use of recycled materials in streets and highways, except as provided. Existing law requires, until January 1, 2027, those standard specifications to allow recycled materials at or above the level allowed in the Department of Transportation's standard specifications that went into effect on October 22, 2018, for specified materials. This bill would indefinitely require a local agency's standard specifications to allow recycled materials at a level no less than the level allowed in the department's specifications for those specified materials. If a local agency's standard specifications do not allow for the use of recycled materials at a level that is equal to or greater than the level allowed in the department's standard specifications on the basis that the use of those recycled materials at those levels is not feasible, the bill would authorize a person bidding on a contract to supply materials subject to those specifications to request the local agency to provide the reason for that determination upon request and would require the local agency to respond to that request, as specified. By increasing the duties of local agencies, the bill would impose a state-mandated local program. Existing law requires the Department of Transportation and a local agency that has jurisdiction over a street or highway, to the extent feasible and cost effective, to use advanced technologies and material recycling techniques that reduce the cost of maintaining and rehabilitating streets and highways and that exhibit reduced levels of greenhouse gas emissions through material choice and construction method. This bill would eliminate this requirement. 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) Existing law prohibits a conservation bank, mitigation bank, or conservation and mitigation bank from being operative, vested, or final unless the Department of Fish and Wildlife has approved the bank in writing and, if applicable, a conservation easement has been recorded on the site. Existing law requires a person interested in establishing any bank with the department to submit a bank prospectus to the department, as specified, and if the department determines the bank prospectus is acceptable, allows the person to submit a bank agreement package that, among other things, is required to contain estimates of financial assurances and proposed forms of security, as specified. This bill would authorize surety bonds to be proposed forms of security for the above purposes. (2) Existing law requires all funds derived from the sale of state duck hunting validations and state duck stamps, and related items, to be deposited into the State Duck Stamp Account in the Fish and Game Preservation Fund, as provided. Existing law requires the funds in the account to be used for projects or endowments approved by the Fish and Game Commission for the purpose of protecting, preserving, restoring, enhancing, and developing migratory waterfowl breeding and wintering habitat, evaluating habitat projects, and conducting waterfowl resource assessments and other waterfowl-related research. Existing law authorizes the Department of Fish and Wildlife to enter into contracts or grant funds for fish and wildlife habitat preservation, restoration, and enhancement with public and private entities whenever the department finds that the contract will assist in meeting the department's duty to preserve, protect, and restore fish and wildlife. This bill would require that the department be subject to the above-described provisions in making grants or entering into agreements pursuant to the State Duck Stamp Account, as provided. (3) Existing law, the Water Conservation District Law of 1931, authorizes a water conservation district to be organized and established by a county board of supervisors, with specified powers and purposes. The law permits a water conservation district to levy groundwater charges and requires a district to annually make an engineering investigation and report on groundwater conditions of the district that includes, among other things, an estimate of the annual overdraft for the current water year and for the ensuing water year. Existing law defines "water year" for purposes of these provisions to mean July 1 of one calendar year to June 30 of the following calendar year. This bill would redefine "water year" to mean the period beginning October 1 of one calendar year and ending September 30 of the following calendar year for purposes of the above-described provisions. (4) Existing law authorizes the Department of Parks and Recreation to enter into contracts with natural persons, corporations, partnerships, and associations for the construction, maintenance, and operation of concessions within units of the state park system. Existing law requires all contracts authorizing occupancy of any portion of the state park system for a period of more than 3 years to be awarded to the best responsible bidder. Existing law requires public notice to be given to bidders of all proposed contracts authorizing the occupancy of property in the state park system for a period of more than 2 years, as specified, including requiring the department to publish an advertisement for bid at least once per week for 2 consecutive weeks in a newspaper of general circulation in the county in which the concession is to operate and in a major daily newspaper in the closest metropolitan area. This bill would instead require public notice to bidders to be given of all proposed contracts authorizing the occupancy of property in the state park system for a period of more than 3 years, as specified. The bill would delete the requirement that the department publish an advertisement in a newspaper, as described above. Existing law requires a concession contract to contain certain provisions, including the provision that every concessionaire submit to the department all sales and use tax returns and, at the request of the department, provide an annual financial statement prepared or audited by a certified public accountant. This bill would instead require every concessionaire to submit to the department an annual financial statement prepared or audited by a certified public accountant. (5) This bill would make corresponding changes and changes to update obsolete place names and would make other nonsubstantive changes, including by repealing obsolete laws.
Existing law establishes and vests in the State Energy Resources Conservation and Development Commission (Energy Commission) various responsibilities with respect to developing and implementing the state's energy policies. Existing law authorizes persons proposing specified electrical generation, electrical transmission, hydrogen production, and energy storage projects to apply, on or before June 30, 2029, to the Energy Commission to certify sites and related facilities as environmental leadership development projects, as specified. Existing law makes a site and related facility certified by the Energy Commission subject to streamlining benefits related to CEQA with no further action by the applicant or the Governor. Under existing law, the Energy Commission's certification is in lieu of any permit, certificate, or similar document required by any governmental agency and supersedes any applicable statute, ordinance, or regulation, except as specified. This bill would expand the types of facilities eligible to be certified as environmental leadership development projects by the Energy Commission to include geothermal powerplants and projects that comprise multiple geothermal powerplants on a single site. This bill would incorporate additional changes to Section 25545 of the Public Resources Code proposed by SB 254 to be operative only if this bill and SB 254 are enacted and this bill is enacted last.
Proposition 117, an initiative measure approved by the electors at the June 5, 1990, direct primary election, enacted the California Wildlife Protection Act of 1990. The act creates the Habitat Conservation Fund and requires the moneys in the fund to be used for specified purposes generally relating to the acquisition, enhancement, or restoration of wildlife habitat. The act requires the Controller, until June 30, 2020, to annually transfer $30,000,000 from the General Fund to the Habitat Conservation Fund, less any amount transferred to the Habitat Conservation Fund from specified accounts and funds. The act, until July 1, 2020, continuously appropriates specified amounts from the Habitat Conservation Fund to the Department of Parks and Recreation, the State Coastal Conservancy, the Santa Monica Mountains Conservancy, and the California Tahoe Conservancy, and continuously appropriates the balance of the fund to the Wildlife Conservation Board. Chapter 31 of the Statutes of 2019 requires the Controller to continue to annually transfer $30,000,000 from the General Fund, less any amount transferred to the Habitat Conservation Fund from specified accounts and funds, to the Habitat Conservation Fund until June 30, 2030, and continuously appropriates that amount on an annual basis in the same proportions to the specified entities until July 1, 2030. This bill would require the Controller to continue to annually transfer $30,000,000 from the General Fund, less any amount transferred to the Habitat Conservation Fund from specified accounts and funds, to the Habitat Conservation Fund until June 30, 2035, and would continuously appropriate that amount on an annual basis in the same proportions to the specified entities described above until July 1, 2035.
Existing law establishes the State Energy Resources Conservation and Development Commission, with various responsibilities with respect to developing and implementing the state's energy policies. Existing law requires, as part of the 2027 edition of the integrated energy policy report, the commission to include an assessment of the potential for fusion energy to contribute to California's power supply. Existing law requires the commission to carry out technical assessment studies on all forms of energy, including, among others, advanced nuclear powerplant concepts, fusion, and fuel cells. This bill would establish the Fusion Research and Development Innovation Initiative within the commission to accelerate the development and growth of fusion energy by advancing fusion science and technology. The bill would require the commission to administer the initiative and provide financial incentives for projects that, among other things, advance research and development into fusion energy, accelerate the deployment of new research and technology capabilities that support the commercialization of fusion energy, or achieve the initiative's goal of delivering the world's first fusion energy pilot project in the state by the 2040s, as specified. The bill would make its provisions operative, and implementation of its provisions contingent, upon an appropriation by the Legislature for the initiative. The bill would repeal its provisions on January 1, 2028.
Existing law requires local governments lying in whole or in part within the coastal zone or within the jurisdiction of the San Francisco Bay Conservation and Development Commission to, on or before January 1, 2034, develop a sea level rise plan with specified required content as part of a local coastal program that is subject to approval by the California Coastal Commission or the San Francisco Bay Conservation and Development Commission. This bill would authorize the applicable commission, when approving a local coastal plan or an amendment to a local coastal plan, to deem existing sea level rise information or plans prepared by a local government to satisfy the content requirements for a sea level rise plan. The bill would provide that local governments are encouraged, on or before January 1, 2029, to consult with the California Coastal Commission, in a voluntary early consultation, regarding sea level rise plans in the preparation of a local coastal program or an amendment to a local coastal program.
Existing law, the Cannella Environmental Farming Act of 1995, requires the Department of Food and Agriculture to establish and oversee an environmental farming program to provide incentives to farmers whose practices promote the well-being of ecosystems, air quality, and wildlife and their habitat. Existing law establishes the Climate Smart Agriculture Account, the moneys in which are continuously appropriated for purposes of the act. This bill would instead require the department to establish and oversee a sustainable agriculture program to provide research, technical assistance, and incentive grants to promote agricultural practices that support climate resilience for farms and ranches and the well-being of ecosystems, air quality, and biodiversity. By expanding the purposes for which moneys in a continuously appropriated fund may be used, the bill would make an appropriation. The act requires the Secretary of Food and Agriculture to convene a 9-member Scientific Advisory Panel on Environmental Farming, as prescribed, for the purpose of providing advice to the secretary on the implementation of the Healthy Soils Program and the State Water Efficiency and Enhancement Program and assistance to federal, state, and local government agencies on issues relating to the impact of agricultural practices on air, water, and wildlife habitat, as specified. Existing law requires members of the panel to be highly qualified and professionally active or engaged in the conduct of scientific research and provides for their appointment for terms of 3 years. This bill would rename the Scientific Advisory Panel on Environmental Farming the Scientific Advisory Panel on Resilient and Sustainable Agriculture for the purpose of providing advice to the secretary on the implementation of research, incentive, and technical assistance grant programs for sustainable agriculture. The bill would expand the panel from 9 members to 11 members, would require the panel to consist of members of the public that represent scientific expertise in sustainable agriculture and members of state agencies that represent expertise in programs and policies related to agriculture, and would limit the members of the panel to 2 terms. The act establishes the Climate Smart Agriculture Technical Assistance Grant Program to provide funds to technical assistance providers to provide technical assistance, as defined, to applicants of the Healthy Soils Program, the Alternative Manure Management Program, and the State Water Efficiency and Enhancement Program. Existing law requires the secretary to make available not less than 5% of the funds appropriated to the department for those programs, but not more than 20%, for providing technical assistance, as specified, and for supporting annual information sharing among technical assistance providers, the department, and other relevant stakeholders, as specified. This bill would expand the definition of "technical assistance" to include, among other things, training, conservation, agricultural planning, and grant writing. The bill would delete the provision establishing the Climate Smart Agriculture Technical Assistance Grant Program and would instead require the secretary to make available not less than 5%, but not more than 20%, of the funds appropriated to the department for the above-described programs, for providing technical assistance directly through a technical assistance grant program, or indirectly through a block grant program that includes funding for technical assistance. The bill would require the department to provide funds to technical assistance providers to: (1) support farmers and ranchers in the application process for grants from those programs and the implementation of funded projects; (2) provide general planning and training for climate-smart and sustainable agriculture; and (3) lease, purchase, or repair farming, ranching, and food processing equipment that can be centrally housed with the technical assistance provider and shared regionally with producers. This bill would require the department to authorize a percentage of funding to support training and capacity building within technical assistance provider organizations and coordination between organizations to improve assistance, as provided, and would require the department to support information sharing among technical assistance providers, the department, and other relevant stakeholders, as specified. The bill would require the department to allow equipment sharing costs funded as part of the grant awards to include developing and expanding equipment sharing programs, as specified.
Existing law requires the State Air Resources Board to adopt and implement motor vehicle fuel specifications for the control of air contaminants and sources of air pollution. Existing law prohibits the state board from adopting any regulation that establishes a specification for motor vehicle fuel unless that regulation, and a multimedia evaluation conducted by affected agencies and coordinated by the state board, are reviewed by the California Environmental Policy Council. This bill would, notwithstanding that prohibition, authorize blends of gasoline containing 10.5% to 15% ethanol by volume to be sold in the state for use as a transportation fuel until (1) the California Environmental Policy Council completes its review of those blends and (2) the state board either adopts a regulation establishing a specification for those blends or posts an assessment on its internet website demonstrating that it is not possible for a regulation establishing a specification for those blends to meet specified requirements. This bill would declare that it is to take effect immediately as an urgency statute.
Existing law requires the Department of Water Resources to update every 5 years the plan for the orderly and coordinated control, protection, conservation, development, and use of the water resources of the state, which is known as "The California Water Plan." Existing law requires the department to include a discussion of various strategies in the plan update, including, but not limited to, strategies relating to the development of new water storage facilities, water conservation, water recycling, desalination, conjunctive use, and water transfers, that may be pursued in order to meet the future needs of the state. Existing law requires the department to establish an advisory committee to assist the department in updating the plan. This bill would revise and recast certain provisions regarding The California Water Plan to, among other things, require the department to expand the membership of the advisory committee to include, among others, tribes, labor, and environmental justice interests. The bill would require the department, as part of the 2033 update to the plan, to update the interim planning target for 2050, as provided. The bill would require the target to consider the identified and future water needs for all beneficial uses, including, but not limited to, urban uses, agricultural uses, tribal uses, and the environment, and ensure safe drinking water for all Californians, among other things. The bill would require the plan to include specified components, including a discussion of the estimated costs, benefits, and impacts of any project type or action that is recommended by the department within the plan that could help achieve the water supply targets. The bill would require the department to report to the Legislature the amendments, supplements, and additions included in the updates of the plan, together with a summary of the department's conclusions and recommendations, in the session in which the updated plan is issued. The bill would also require the department to conduct public workshops to give interested parties an opportunity to comment on the plan.
(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.
