Environment

Existing law requires the State Energy Resources Conservation and Development Commission (Energy Commission) to adopt, on a biennial basis, an integrated energy policy report that contains an overview of major energy trends and issues facing the state, including supply, demand, pricing, reliability, efficiency, and impacts on public health and safety, the economy, resources, and the environment. Existing law requires that the report present policy recommendations based on an in-depth and integrated analysis of the most current and pressing energy issues facing the state. This bill would require the Energy Commission, on or before March 1, 2027, to designate a person within the Energy Commission or identify and retain an external candidate to serve as the Senior Counselor on Industrial Policy and Clean Energy Development, and would require the senior counselor to, among other things, convene working groups that focus on certain issues, as provided. The bill would require the Energy Commission, the Governor's Office of Business and Economic Development, the Labor and Workforce Development Agency, the Public Utilities Commission, the Department of General Services, and the office of the Treasurer, on or before March 1, 2027, to enter into a memorandum of understanding on equitable clean energy supply chains and industrial policy in California with specified goals and provisions, as provided. The bill would require the senior counselor to track and coordinate the work under the memorandum of understanding and to prepare an annual report summarizing the key findings and recommendations resulting from that work. The bill would require that the report be presented at a public meeting of the Energy Commission and be published on the Energy Commission's internet website. The bill would establish in the State Treasury the Equitable Clean Energy Supply Chain and Industrial Policy Fund and would, upon appropriation by the Legislature, authorize the moneys in the fund to be expended for purposes of the bill.

Existing law requires the Department of Toxic Substances Control, on or before January 1, 2029, to adopt regulations to enforce specified covered perfluoroalkyl and polyfluoroalkyl substances (PFAS) restrictions, which include prohibitions on the distribution, sale, or offering for sale of certain products that contain specified levels of PFAS. Existing law requires the department, on and after July 1, 2030, to enforce and ensure compliance with those provisions and regulations, as provided. Existing law requires manufacturers of these products, on or before July 1, 2029, to register with the department, to pay a registration fee to the department, and to provide a statement of compliance certifying compliance with the applicable prohibitions on the use of PFAS to the department, as specified. Existing law authorizes the department to test products and to rely on third-party testing to determine compliance with prohibitions on the use of PFAS, as specified. Existing law requires the department to issue a notice of violation for a product in violation of the prohibitions on the use of PFAS, as provided. Existing law authorizes the department to assess an administrative penalty for a violation of these prohibitions and authorizes the department to seek an injunction to restrain a person or entity from violating these prohibitions, as specified. This bill would, on and after January 1, 2028, prohibit a person from distributing, selling, or offering for sale a cleaning product, dental floss, juvenile product, food packaging, or ski wax, as provided, that contains intentionally added PFAS, as defined, except for previously used products and as otherwise preempted by federal law. The bill would, until January 1, 2031, exempt certain components of a cleaning product from this prohibition, as specified. The bill would clarify that, on and after January 1, 2028, a cleaning product is required to comply with certain regulations adopted by the California Air Resources Board regarding volatile organic compounds in consumer products, and would prohibit the use of a regulatory variance to comply with those regulations, as specified. The bill would, on and after January 1, 2030, prohibit a person from distributing, selling, or offering for sale cookware that contains intentionally added PFAS, except for previously used products and as otherwise preempted by federal law. The bill would authorize the department, on or before January 1, 2029, to adopt regulations to carry out these provisions. This bill would require these prohibitions on products containing intentionally added PFAS to be enforced by the department pursuant to the existing authority described above, including, but not limited to, product testing and administrative penalties. The bill would require a manufacturer of a product regulated by the bill to provide a certificate of compliance to the department upon request instead of on or before July 1, 2029. The bill would exempt a manufacturer of a product regulated by the bill from the registration and registration fees required by the existing enforcement authority described above.

Existing law, the California Coastal Act of 1976, among other things, requires anyone wishing to perform or undertake any development in the coastal zone, except as specified, in addition to obtaining any other permit required by law from any local government or from any state, regional, or local agency, to obtain a coastal development permit from the California Coastal Commission or local government, as provided. This bill, upon appropriation, would authorize the commission to authorize blue carbon demonstration projects, as defined, in order to demonstrate and quantify the carbon sequestration potential of these projects to help inform the state's natural and working lands and climate resilience strategies. The bill, upon appropriation, would, among other things, authorize the commission to require an applicant with a nonresidential project that impacts coastal wetland, subtidal, intertidal, or marine habitats or ecosystems to build or contribute to a blue carbon demonstration project as mitigation for those impacts.

Existing law, the California Farmland Conservancy Program Act, establishes within the Department of Conservation the California Farmland Conservancy Program. Existing law authorizes the program to offer financial assistance, including grants or contracts, for projects and activities on agricultural lands, as defined, that support agricultural conservation and sustainable land management. This bill would require the department, in collaboration with the California Agricultural Land Equity Task Force, to establish the Farmland Access and Conservation for Thriving Communities Program in the department to provide financial and technical assistance to support agricultural land acquisition and protection. The bill would require the department, subject to specified requirements, to provide financial assistance under the program to qualified entities for the purpose of acquiring agricultural lands to transfer or provide long-term leases to qualified farmer participants, as specified. The bill would establish the Farmland Access Fund in the State Treasury and would make moneys in the fund available, upon appropriation by the Legislature, to the department for program expenditures. The bill would authorize the department to contract with one or more nonprofit organizations to administer the program. The bill would make the operation of the program contingent upon the Legislature making an appropriation for purposes of the program.

Existing law prohibits a person, a state or local governmental agency, or a public utility from substantially diverting or obstructing the natural flow of, or substantially changing or using any material from the bed, channel, or bank of, any river, stream, or lake, or depositing or disposing of debris, waste, or other material containing crumbled, flaked, or ground pavement where it may pass into any river, stream, or lake, unless prescribed requirements are met, including written notification to the Department of Fish and Wildlife regarding the activity. Existing law requires the department to determine whether the activity may substantially adversely affect an existing fish and wildlife resource and, if so, to provide a draft lake or streambed alteration agreement to the person, agency, or utility. Existing law prescribes various requirements for lake and streambed alteration agreements. Existing law also establishes various exemptions from these provisions. This bill would, until January 1, 2027, exempt from these provisions, subject to certain requirements, projects to repair or reconstruct a bridge 30 feet long or less or a culvert 70 feet long or less within the County of Sutter that has been damaged or destroyed as a result of fire, flood, storm, earthquake, land subsidence, gradual earth movement, or landslide, between January 1, 2022, and December 31, 2024, inclusive, except as specified. This bill would make legislative findings and declarations as to the necessity of a special statute for the County of Sutter.

Existing law provides various provisions applicable to all public transit and transit districts and includes specific requirements applicable to public entities that operate commuter rail or rail transit systems. This bill would prohibit a public entity that owns diesel-powered on-track equipment from selling, donating, or otherwise transferring ownership of that equipment for continued use after the public entity decommissions the equipment. The bill would exempt the sale, donation, or transfer of the ownership of that equipment from the prohibition if the equipment is deemed to be in one of specified categories of emissions standards designated by the federal government for locomotives, the equipment produces emissions equivalent to any equipment within any of those federal categories, or the diesel engine is removed from the equipment, as specified.

Existing law prohibits gill nets and trammel nets from being used for commercial purposes, except under a revocable, nontransferable permit issued by the Department of Fish and Wildlife. Existing law requires the Fish and Game Commission to adopt regulations for the issuance of gill net and trammel net permits as necessary to establish an orderly gill net and trammel net fishery. Existing law prohibits the department from issuing any new gill net or trammel net permits and authorizes the department to renew an existing gill net or trammel net permit. Existing law authorizes a gill or trammel net permitholder to transfer that permit to any person qualified under the regulations adopted by the commission if the permitholder presents to the department satisfactory evidence that they have taken and landed fish for commercial purposes in at least 15 of the preceding 20 years. Existing law also authorizes the transfer of a gill or trammel net permit to another qualified individual upon the disability or death of the original permitholder, as specified. This bill would eliminate the provisions that authorize the transfer of a gill or trammel net permit to another qualified individual upon the disability or death of the original permitholder. The bill would, on and after January 1, 2027, only allow a permitholder to transfer a permit under the other transfer authorization described above to a family member pursuant to regulations adopted by the commission, as specified. After a permit is transferred pursuant to that authorization, the bill would prohibit the further transfer of that permit.

Existing law, the Mello-Roos Community Facilities Act of 1982, authorizes the legislative body of a local agency, as defined, to create a community facilities district to finance specified types of services within an area. Existing law prohibits a territory that is dedicated or restricted to agricultural, open-space, or conservation uses from being included within or annexed to a specified community facilities district without the landowner's consent. This bill would, notwithstanding those prohibitions, specify that for territory that is located within the regional shoreline of the County of San Mateo, the consent of a landowner is not required, if specified conditions are met. This bill would make legislative findings and declarations as to the necessity of a special statute for the County of San Mateo.

Existing law makes it unlawful to take a bird, mammal, fish, reptile, or amphibian, except as authorized by law. This bill would make it unlawful for a person in California to import, cause to be imported, export, cause to be exported, transport, sell, offer for sale, possess with the intent to sell, receive, acquire, or purchase any fish, wildlife, or plant that was taken, possessed, transported, or sold in violation of any law or statute of any state or any law, treaty, or statute of the United States with regard to fish, wildlife, or plants in effect on January 19, 2025. The bill would, upon conviction or other entry of judgment, require any seized evidence be forfeited, as specified. The bill would make these provisions inoperative on December 31, 2031, and would repeal them on January 1, 2032. Under existing law, a violation of the Fish and Game Code is a crime. Because the above provision would be part of the Fish and Game Code, a violation of which would be a crime, this bill would impose a state-mandated local program. The California Endangered Species Act (CESA) requires the Fish and Game Commission to establish a list of endangered species and a list of threatened species pursuant to a prescribed listing process, and generally prohibits the taking of those species. Existing law requires the commission to publish a notice in the California Regulatory Notice Register upon receipt of a petition to add or remove a species from either the list of endangered species or the list of threatened species by the Department of Fish and Wildlife. This bill would require the department to determine if there is a decrease in protections by the federal government for an endangered or threatened species, as defined, and, if so, would require the department to publish written findings in the California Regulatory Notice Register that would add the species to the commission's list of provisional candidate species, as specified. The bill would require the department to report the provisional candidacy determination at the next public meeting of the commission. The bill would prohibit criminal or civil liability for an entity operating under federal authorization for take, as specified, as long as the entities are in full compliance with their federal biological opinion. The bill would make these provisions inoperative on December 31, 2031, and would repeal them on January 1, 2032. 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. 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 California Endangered Species Act, prohibits the taking of an endangered or threatened species, except in certain situations, including, if specified conditions are met, under a permit issued by the Department of Fish and Wildlife commonly known as an incidental take permit. Existing law also enumerates fully protected species and prohibits the take of fully protected species, except under limited circumstances. This bill would permit the department to authorize, under the California Endangered Species Act, the incidental take of specified fully protected species resulting from impacts attributable to a specified project on State Route 37, if certain conditions are met, including, among others, the conditions required for the issuance of an incidental take permit.