Environment

(1) The California Beverage Container Recycling and Litter Reduction Act requires the Department of Resources Recycling and Recovery to designate convenience zones annually and to ensure that at least one certified recycling center that meets specific requirements is located within each convenience zone. The act defines a "convenience zone" as the area within a one-mile radius of a supermarket, as defined. Under the act, a reverse vending machine, as defined, may be certified as a recycling center, as prescribed. The act establishes the California Beverage Container Recycling Fund, and continuously appropriates moneys in the fund to the department for specified purposes, including the amount necessary to pay processing payments to recycling centers and to pay handling fees to certain types of recyclers to provide an incentive for the redemption of empty beverage containers in convenience zones. The act prohibits processing payments, handling fees, and administrative fees for dealer cooperatives if a certified recycling center operates in a convenience zone where a dealer participating in the dealer cooperative is located. A violation of the act is a crime. This bill would specify that a reverse vending machine certified to operate as a recycling center does not make an unserved convenience zone served, that a dealer cooperative or a mobile unit is not precluded from operating and receiving program payments in the same convenience zone as a reverse vending machine, and that an existing certified recycling center is not ineligible for handling fees if a reverse vending machine is located in the same convenience zone. (2) The act defines a "supermarket" as a full-line, self-service retail store with gross annual sales of $2,000,000 or more that sells specified items and some perishable items. This bill would revise that definition by increasing the minimum gross annual sales to $6,000,000, revising the description of the required items for sale, causing recycling centers that are supermarkets eligible to receive handling fees under existing law to continue to be eligible to receive handling fees, and requiring the department to consult the most recent annual update to the Progressive Grocer Marketing Guidebook and other relevant updates to the guidebook to determine which dealers are supermarkets, as specified. (3) The act requires, until June 30, 2027, the handling fee to be determined using a methodology established by the department through emergency regulations, and requires those regulations to remain in effect through that date, as specified. This bill would extend the application of those regulations through June 30, 2032. (4) This bill would make an appropriation by expanding the entities that would be eligible at any given time for program payments, and by changing the calculation of handling fees, paid by the department from the continuously appropriated fund. (5) By adding new requirements to the act, this bill would expand the scope of crimes, thereby imposing a state-mandated local program. The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. This bill would provide that no reimbursement is required by this act for a specified reason. This bill would declare that it is to take effect immediately as an urgency statute.

Existing law vests the Public Utilities Commission with regulatory authority over public utilities, including electrical corporations. Under existing law, the commission administers, or otherwise oversees, various public purpose programs, including energy efficiency and conservation programs, cost-effective energy efficiency programs, rate assistance programs for eligible food banks, and home insulation financial assistance programs. Under existing law, those programs are generally funded through a charge on electrical service, which is collected through customer rates. This bill would establish the Public Utilities Public Purpose Programs Fund. The bill would require the commission, no later than January 1 of each year, commencing January 1, 2027, to determine and publish the amount necessary to fund certain public purpose programs and programs administered by electrical regional energy networks for the following fiscal year, as provided. The bill would require the Controller to transfer, on July 1 of each fiscal year, from the Greenhouse Gas Reduction Fund to the Public Utilities Public Purpose Programs Fund moneys appropriated by the Legislature for that purpose. The bill would require all moneys in the Public Utilities Public Purpose Programs Fund to be allocated by the commission, upon appropriation by the Legislature, to fund the public purpose programs and programs administered by electrical regional energy networks, as provided. The bill would repeal various charges on electrical service that fund public purpose programs and, instead, provide mechanisms for funding those public purpose programs through the Public Utilities Public Purpose Programs Fund, as specified. Under existing law, a violation of the Public Utilities Act or any order, decision, rule, direction, demand, or requirement of the commission is a crime. Because certain of the above provisions would be part of the act and a violation of a commission action implementing this bill's requirements would be a crime, 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 designates the State Air Resources Board as the state agency responsible for the preparation of the state implementation plan required by the Clean Air Act, and requires the state board to adopt standards, rules, and regulations that are consistent with the state goal of providing a decent home and suitable living environment for every Californian. Existing law, the Administrative Procedure Act, sets forth the requirements for the adoption, publication, review, and implementation of regulations by state agencies. Existing law requires a state agency proposing to adopt, amend, or repeal a major regulation on or after November 1, 2013, to prepare a standardized regulatory impact analysis, as specified, that addresses, among other things, the competitive advantages or disadvantages for businesses currently doing business within the state and the benefits to health, safety, and welfare of the regulations. This bill would require a standardized regulatory impact analysis prepared by the State Air Resources Board to additionally address cost of living impacts on residents of the state, including, but not limited to, retail gasoline and transportation costs, consumer electric bills, consumer goods and food costs, housing and building construction costs, and costs to businesses.

The Western Joshua Tree Conservation Act prohibits any person or public agency from importing into the state, exporting out of the state, or taking, possessing, purchasing, or selling within the state, a western Joshua tree or any part or product of the tree, except as specified. The act authorizes the Department of Fish and Wildlife to permit the taking of a western Joshua tree if specified conditions are met, including, but not limited to, that the permittee mitigates all impacts to, and taking of, the western Joshua tree through measures that are roughly proportional in extent to the authorized taking of the western Joshua tree. The act authorizes, in lieu of completing the mitigation measures, a permittee to elect to satisfy the mitigation obligation by paying fees pursuant to a specified fee schedule, as provided. This bill would authorize the department to permit the taking of a western Joshua tree without payment of fees or other mitigation upon demonstration to the department that the taking of a western Joshua tree is related to the maintenance, operation, or construction of a life-sustaining service connection to a single-family residence or multifamily residence, including distribution infrastructure, as specified. The bill would require the department to grant or deny that permit within 30 days of a request, or within 10 days of a request to address a threat to health or safety. The bill would allow the permittee 60 days to complete the taking authorized by that permit and the department may extend this 60-day period at its discretion.

Existing law establishes the Safe Drinking Water State Revolving Fund, and moneys in the fund are continuously appropriated to the State Water Resources Control Board for the provision of grants and revolving fund loans to provide for the design and construction of projects for public water systems that will enable suppliers to meet safe drinking water standards. Existing law provides that moneys in the fund and its special accounts may be expended for additional purposes provided in the federal Safe Drinking Water Act. This bill would provide that moneys in the fund and its special accounts may be considered eligible and expended for projects that address perfluoroalkyl and polyfluoroalkyl substances in drinking water. By expanding the purposes for which a continuously appropriated fund may be expended, the bill would make an appropriation. The bill would authorize the state board to implement the bill through updating an existing policy handbook, which would be exempt from the rulemaking provisions of the Administrative Procedure Act.

Existing state sales and use tax laws impose a tax on retailers measured by the gross receipts from the sale of tangible personal property sold at retail in this state of, or on the storage, use, or other consumption in this state of, tangible personal property purchased from a retailer for storage, use, or other consumption in this state. The Sales and Use Tax Law provides various exemptions from those taxes, including a partial exemption for the sale of, or the storage, use, or consumption of, qualified tangible personal property purchased for use by a qualified person to be used primarily in any stage of the manufacturing, processing, refining, fabricating, or recycling of tangible personal property, beginning at the point any raw materials are received by the qualified person and introduced into the process and ending at the point at which the manufacturing, processing, refining, fabricating, or recycling has altered tangible personal property to its completed form, including packaging, if required. Existing law (backfill requirement) requires an amount that equals the estimated revenue loss to the General Fund from the allowance of the above-described exemptions, with the concurrence of the Department of Finance, to be transferred from the Greenhouse Gas Reduction Fund to the General Fund, as prescribed. This bill would, beginning July 1, 2027, define "processing" to include the altering, converting, conditioning, or other preparation of hydrogen or electricity for the purposes of selling the hydrogen for fueling or the electricity for charging a vehicle and would define "qualified tangible personal property" to include hydrogen fueling station equipment and charging station equipment and component parts used as an integral part of those activities. By expanding the scope of the crime of perjury, this bill would impose a state-mandated local program. This bill would provide that the backfill requirement does not apply with respect to the exemptions allowed by the bill, as specified. Existing law requires any bill authorizing a new tax expenditure to contain, among other things, specific goals, purposes, and objectives that the tax expenditure will achieve, detailed performance indicators, and data collection requirements. This bill would include additional information required for any bill authorizing a new tax expenditure. 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 take effect immediately as a tax levy.

Existing law establishes various entities for specified purposes over specific geographic areas of the state, including the San Francisco Bay Restoration Authority and California Tahoe Regional Planning Agency, among others. This bill would establish the Monterey Bay Area Stewardship Authority, a regional entity with jurisdiction extending throughout the Monterey Bay region, as defined. The bill would provide that the purpose of the authority is to raise and allocate public and private funds for restoring, enhancing, protecting, engaging in long-term stewardship, and improving access for the enjoyment of natural and working lands, as defined, in the Counties of Monterey, San Benito, and Santa Cruz, as specified. The bill would establish a 9-member governing board to govern the authority that consists of county board of supervisors, city officials, and public members of these counties, as specified. The bill would require the board to, among other things, establish policies for the operation of the authority, and convene an advisory committee to assist and advise the board in carrying out its functions. The bill would authorize the authority to award grants to public and private entities for eligible projects, including projects that restore, protect, enhance, or maintain natural, working, or open space lands in the Counties of Monterey, San Benito, and Santa Cruz, as specified. The bill would also authorize the authority to, among other things, levy a benefit assessment, special tax, or property related fee, apply for and receive grants from federal and state agencies, solicit and accept gifts, fees, grants, and allocations from public and private entities, issue revenue bonds, incur general bond indebtedness, and enter into joint powers agreements, as provided. By imposing additional duties on local governmental agencies relating to the membership of the authority's governing board, the bill would impose a state-mandated local program. This bill would make legislative findings and declarations as to the necessity of a special statute for the Counties of Monterey, San Benito, and Santa Cruz. 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.

This measure would recognize hydrogen as a key decarbonization tool when produced, transported, and utilized in accordance with a carbon intensity standard that ensures verifiable lifecycle greenhouse gas reductions; supports the continued development and refinement of carbon intensity frameworks to guide hydrogen policy, investment, and deployment; encourages state agencies to prioritize hydrogen deployment; and urges coordination to ensure hydrogen projects advance economic development, workforce opportunities, and environmental justice outcomes.

The Planning and Zoning Law authorizes a state or local public agency to authorize a governmental entity, a special district, a nonprofit organization, a for-profit entity, a person, or another entity to hold title to and manage an interest in property held for mitigation purposes, subject to certain requirements. Existing law authorizes a governmental entity, special district, or nonprofit organization that holds the property as described above to hold an endowment conveyed for the property, except as specified. Existing law subjects the holder of an endowment to certain requirements, including that the holder certify to the project proponent or the holder of the mitigation property or a conservation easement and the local or state agency that required the endowment that it meets specified requirements. Existing law repeals these provisions on January 1, 2027. This bill would delete the above repeal date, thereby extending those provisions indefinitely. Existing law establishes the Department of Fish and Wildlife in the Natural Resources Agency. Under existing law, the department has jurisdiction over the conservation, protection, and management of fish, wildlife, native plants, and habitat necessary for biologically sustainable populations of those species. This bill would require the department, on or before July 1, 2030, and every 5 years thereafter, to post on its internet website a summary table providing information on the status of certain endowments held as described above, as specified. The bill would require the summary table to include specified information with respect to each such endowment, including, among other things, the name of the endowment holder.

The California Global Warming Solutions Act of 2006 requires the State Air Resources Board to adopt regulations for greenhouse gas emissions limits and emissions reduction measures to achieve the maximum technologically feasible and cost-effective reductions in greenhouse gas emissions in furtherance of achieving the statewide greenhouse gas emissions limit, as defined. The act authorizes that state board to include in those regulations the use of a market-based compliance mechanism, known as the California Cap-and-Invest Program, to comply with those regulations. Existing law requires moneys collected by the state board from the auction or sale of allowances as part of the California Cap-and-Invest Program to be deposited in the Greenhouse Gas Reduction Fund and continuously appropriates a portion of the moneys in the fund for various purposes. Existing law requires the Natural Resources Agency, in collaboration with the state board, the California Environmental Protection Agency, the Department of Food and Agriculture, an expert advisory committee established, as provided, and other relevant state agencies, to determine an ambitious range of targets for natural carbon sequestration, and for nature-based climate solutions that reduce greenhouse gas emissions for 2030, 2038, and 2045 to support state goals to achieve carbon neutrality and foster climate adaptation and resilience. Existing law defines "nature-based climate solutions" for these purposes to mean activities, such as restoration, conservation, and land management actions, that increase net carbon sequestration or reduce greenhouse gas emissions in natural and working lands. This bill would annually appropriate the sum of $250,000,000 from the Greenhouse Gas Reduction Fund in the annual Budget Act each fiscal year from the 2027–2028 to the 2045–46 fiscal year, inclusive, to achieve nature-based climate solutions on natural, working, and urban lands, including $150,000,000 to be allocated to the Natural Resources Agency to fund nature-based climate solutions, as provided, and $100,000,000 to be allocated for nature-based climate solutions at the discretion of the Legislature, as provided. The bill would additionally appropriate, after those amounts are allocated, the sum of $150,000,000 from the Greenhouse Gas Reduction Fund in the annual Budget Act each fiscal year from the 2027–2028 to the 2045–46 fiscal year, inclusive, to the Department of Food and Agriculture to fund sustainable agricultural practices and nature-based climate solutions, as provided.