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.
The California Environmental Quality Act (CEQA) requires a lead agency, as defined, to prepare, or cause to be prepared, and certify the completion of an environmental impact report on a project that it proposes to carry out or approve that may have a significant effect on the environment or to adopt a negative declaration if it finds that the project will not have that effect. CEQA also requires a lead agency to prepare a mitigated negative declaration for a project that may have a significant effect on the environment if revisions in the project would avoid or mitigate that effect and there is no substantial evidence that the project, as revised, would have a significant effect on the environment. CEQA exempts from its requirements a change in use approved by a lead agency that is a park district or the Great Redwood Trail Agency to allow public access to preexisting paved and natural surface roads, preexisting trails, preexisting pathways, preexisting disturbed areas for vehicle parking, as specified, and rail lines converted by the Great Redwood Trail Agency into trails known as the Great Redwood Trail, in areas used exclusively for nonmotorized recreation, if certain conditions are met, including that the change in use is consistent with a plan adopted by the park district or the Great Redwood Trail Agency, as applicable, and does not involve a physical alteration of the affected area. Existing law requires, before making a determination to approve or carry out a change in use that is determined to be exempt from CEQA, the lead agency to, among other things, make a finding that the above-described criteria are met. Existing law requires the lead agency, if the lead agency determines that a change in use is not subject to CEQA pursuant to this exemption and determines to approve or carry out the activity, to file a notice with the State Clearinghouse in the Office of Land Use and Climate Innovation and with the county clerk of the county in which the land is located, as provided. This bill would extend the above exemption to a lead agency that is a county park agency. The bill would remove the condition that the change in use is consistent with a plan adopted by the park district or the Great Redwood Trail Agency, as applicable, and would instead require the lead agency, before making the exemption determination, to adopt a natural resource management plan, or equivalent document, that includes appropriate identification of resources and management strategies for the affected area, as specified. The bill would instead require, as a condition of this exemption, that the change in use only involves minimal physical alterations and minimal improvements to the affected area, as specified. The bill would require the lead agency to make an additional finding that there is sufficient funding to implement the natural resource management plan, or equivalent document, and would require the finding, as well as the finding that the above-described criteria are met, to be based on substantial evidence. The bill would provide that its provisions do not apply where it is reasonably foreseeable that the provision of public access within a park or open space area will have a significant or cumulatively considerable effect on the environment. By imposing duties on public agencies related to the exemption, this bill would create 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.
By Executive Order No. N-82-20, Governor Gavin Newsom directed the Natural Resources Agency to combat the biodiversity and climate crises by, among other things, establishing the California Biodiversity Collaborative and conserving at least 30% of the state's lands and coastal waters by 2030. Existing law provides that it is the goal of the state to conserve at least 30% of California's lands and coastal waters by 2030, known as the 30x30 goal. On April 22, 2022, the Natural Resources Agency issued the "Pathways to 30x30 California: Accelerating Conservation of California's Nature" report and existing law requires the Secretary of Natural Resources Agency to prepare and submit an annual report to the Legislature on progress made toward achieving the 30x30 goal, as provided. This bill would, to further specified findings of the Pathways to 30x30 Report, require the agency to develop strategies to reduce barriers and increase support for stewardship of conserved lands. The bill would require the agency to collaborate with stakeholders, California Native American tribes, and relevant state agencies to prepare a section on stewardship as part of the 2027 annual report on progress made toward achieving the 30x30 goal, which the bill would require to include, among other things, recommendations to increase and improve stewardship of 30x30 lands, including innovative ways to reduce barriers and increase federal, state, and local support for stewardship, as specified. The bill would require the update to be posted on the agency's internet website.
(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.
Existing law establishes the Voluntary Offshore Wind and Coastal Resources Protection Program, which is administered by the State Energy Resources Conservation and Development Commission for the purpose of supporting state activities that complement and are in furtherance of federal laws related to the development of offshore wind facilities. Existing law creates, and continuously appropriates moneys in, the Voluntary Offshore Wind and Coastal Resources Protection Fund in the State Treasury for purposes of the program and the Private Donations Account, which is created in the fund. Existing law authorizes the commission to accept federal and private sector moneys for purposes of the program and requires the private sector moneys to be deposited into the donations account and the federal moneys to be deposited into the fund. Existing law makes records of the donations received subject to public disclosure. Existing law requires the commission to post a report on its internet website, within 30 days of receiving a donation, with specified information regarding each donation received. Existing law authorizes the commission to allocate moneys in the fund or donations account for specified purposes, including workforce development grants. This bill would additionally authorize the commission to allocate moneys in the fund or account for capacity funding activities and grants within local communities and tribal communities for purposes of the program. The bill would make only a local community, a local government, a California tribe, a nonprofit organization selected by California tribes to represent their interests, or a coalition of these entities eligible for these capacity funding activities and grants. By expanding the purposes for which continuously appropriated moneys may be allocated, the bill would make an appropriation. This bill would make the public disclosure requirement described above applicable to donations received by an eligible entity from an offshore wind entity, as defined, and would require an offshore wind entity to report, every 90 days, specified information concerning these donations to the commission. The bill would delete the requirement for the commission to post a report on its internet website for donations received by the commission, as described above, and would instead require the commission to annually post a report on its internet website related to donations made by offshore wind entities to eligible entities, as specified. The bill would require the commission to annually prepare and submit a report, on or before March 1 of each year, to the Legislature on the implementation and effectiveness of the activities and grants funded pursuant to the bill.
(1) The Bergeson-Peace Infrastructure and Economic Development Bank Act establishes the California Infrastructure and Economic Development Bank (I-Bank) in the Governor's Office of Business and Economic Development, governed by a board of directors. The act, among other things, authorizes the I-Bank to make loans, issue bonds, and provide financial assistance for various types of projects that qualify as economic development or public development facilities. The Climate Catalyst Revolving Fund Act of 2020 authorizes the I-bank, under the Climate Catalyst Revolving Fund Program, to provide financial assistance to any eligible sponsor or participating party in connection with the financing or refinancing of a climate catalyst project, either directly to the sponsor or participating party or to a lending or financial institution, as provided. The act requires the I-Bank to adopt climate catalyst financing plans for specified categories of climate catalyst projects, as specified, after meeting and conferring with the appropriate consulting agencies for those specified categories of climate catalyst projects. This bill would authorize the I-bank to provide financial assistance in connection with the financing or refinancing of a new category of climate catalyst projects, those that enable the decarbonization of industrial facilities' use of heat and power, including, but not limited to, industrial heat pump and thermal energy storage projects, as specified, with the State Energy Resources Conservation and Development Commission and the State Air Resources Board as consulting agencies. The bill would specify conditions to be satisfied regarding these projects. The bill would make implementation of the financial assistance for this new category of climate catalyst projects contingent upon an appropriation by the Legislature. (2) Existing law requires the commission to establish and implement the Long-Duration Energy Storage Program to provide financial incentives for eligible projects, including thermal storage, that have power ratings of at least one megawatt and are capable of reaching a target of at least 8 hours of continuous discharge of electricity in order to deploy innovative energy storage systems to the electrical grid for purposes of providing critical capacity and grid services. Existing law requires the commission to give preference to eligible projects that have certain impacts, including those that increase the use of renewable energy. This bill would establish and implement an Industrial Facilities Thermal Energy Storage Program within the Long-Duration Energy Storage Program to provide financial incentives for eligible projects to decarbonize industrial facilities' use of heat and power, as specified. The bill would include thermal energy storage, as defined, rather than thermal storage, as an eligible project. The bill would require the commission to give preference to eligible projects that increase the use of renewable energy through reducing curtailment and shifting power usage from peak to off-peak times, rather than to all projects that increase the use of renewable energy. The bill would prohibit, after January 1, 2027, the commission from providing these financial incentives to projects that involve the performance of work by contractors in the construction industry unless that work is performed under a project labor agreement, as provided. (3) Existing law requires the commission to establish and administer the Industrial Grid Support and Decarbonization Program to provide financial incentives for the implementation of eligible projects at eligible industrial facilities to provide significant benefits to the electrical grid, reduce emissions of greenhouse gases, achieve the state's clean energy goals, and exceed compliance requirements. Existing law subjects projects to certain conditions of eligibility for these financial incentives. Existing law requires the commission, in providing financial incentives, to give preference to certain types of projects. This bill would rename the program the Industrial Decarbonization and Improvement of Grid Operations Program and would add, among its purposes, reducing emissions of health-harming pollutants. The bill would revise some of the conditions for eligible projects. The bill would make, after January 1, 2027, projects that involve the performance of work by contractors in the construction industry ineligible for these financial incentives unless the work is performed under a project labor agreement, as provided. The bill would require, after January 1, 2027, an eligible project for a facility that has a record of air permit violations to separately develop a plan for pollution remediation, including for ecological and public health harms. The bill would require the commission to also give preference, in providing financial incentives, to an eligible project that is located in an under-resourced community, as defined, and an eligible project that develops a community benefit fund or agrees to pursue a community benefits agreement with the surrounding community and other affected stakeholders.
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.
