Environment

Existing law, the Plastic Pollution Prevention and Packaging Producer Responsibility Act (act) , regulates certain single-use packaging and plastic single-use food service ware, as provided. As part of its comprehensive statutory scheme, the act requires producers of covered materials to reduce and recycle covered plastic material and to ensure that covered materials that are offered for sale, distributed, or imported in or into the state on or after January 1, 2032, are recyclable or compostable, as provided. The act establishes, until January 1, 2037, the California Plastic Pollution Mitigation Fund, which consists of all environmental mitigation surcharges, interest, penalties, and other amounts collected pursuant to the act, as provided. The act requires, upon appropriation by the Legislature, that 60% of the moneys in the fund be expended to monitor and reduce the historical and current environmental justice and public health impacts of plastics, and that 40% of the moneys in the fund be expended to monitor and reduce the environmental impacts of plastics on terrestrial, aquatic, and marine life and human health. This bill would, among other things, require each expenditure made upon appropriation from the fund to comply with specified requirements, including, among others, prioritizing programs, projects, and initiatives that benefit communities most burdened by the impacts of plastic pollution or demonstrate meaningful and durable partnership with California Native American tribes and that provide multiple benefits. The bill would require each of those expenditures to achieve one or more of specified purposes, including, among others, sustained mitigation of the potential adverse health impacts of plastics, supporting a reduction in plastic production, use, and disposal, and supporting research, data collection, and monitoring activities, as specified. The bill would require each department, agency, or entity implementing a grant program funded by the fund to take specified actions, such as providing technical assistance and providing a simplified preapplication and application. The bill would require reimbursement of a grantee's or subgrantee's indirect costs by applying one of 4 enumerated rates, not to exceed 35% of the total grant award. The bill would authorize moneys from the fund to be expended on implementing the bill and would prohibit moneys from the fund from being expended on specified purposes. The bill would expand the entities eligible to receive grants from the fund, as specified. This bill would require the Secretary for Environmental Protection to annually publish a list of all program, project, and initiative expenditures made pursuant to the fund, as specified. The bill would authorize the secretary to request information from grant recipients, as provided.

Existing law establishes a system of public elementary and secondary education in this state. Under this system, local educational agencies throughout the state provide instruction to pupils in kindergarten and grades 1 to 12, inclusive, and existing law establishes courses of study for those pupils. This bill would encourage school districts, county offices of education, and charter schools to integrate outdoor learning into standards-aligned instruction across all grades and subject areas, as provided. Existing law establishes the State Department of Education under the administration of the Superintendent of Public Instruction, and assigns the department numerous duties relating to the governance and funding of local educational agencies. This bill would require the department, on or before July 1, 2028, to curate and maintain on its internet website resources for educators on outdoor learning. The bill would also encourage the department, in carrying out these provisions, to consult with county offices of education, classroom educators, tribal partners, mental and physical health professionals and researchers, environmental literacy experts, and community organizations with experience in outdoor learning. The bill would authorize the department to provide resources to address the particular needs of each local educational agency. The bill would authorize the department to accept voluntary contributions to be deposited into the Outdoor Learning and Environmental Literacy Account, which the bill would create in the State Treasury, to fund, upon appropriation by the Legislature, the costs of these provisions.

(1) 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 requires the Office of Land Use and Climate Innovation to prepare and propose guidelines for the implementation of CEQA by public agencies and requires the Secretary of the Natural Resources Agency to certify and adopt the guidelines. CEQA requires the guidelines to include a list of classes of projects that have been determined not to have a significant effect on the environment and that are exempt from CEQA, commonly known as categorical exemptions. This bill would define "data center" for the purposes of CEQA and prohibit the application of categorical exemption to a project for the development and operation of a data center, as specified. By increasing the duties of a lead agency in relation to the environmental review of a data center project, this bill would impose a state-mandated local program. (2) The Jobs and Economic Improvement Through Environmental Leadership Act of 2021 authorizes the Governor, until January 1, 2032, to certify environmental leadership development projects that meet specified requirements for certain streamlining benefits related to CEQA. The act, among other things, requires a lead agency to prepare the record of proceedings for an environmental leadership development project concurrent with the administrative process and to provide a specified notice within 10 days of the Governor certifying the project. The act specifies the process for the quantification and mitigation of impacts from emissions of greenhouse gases of certain environmental leadership projects, as provided. The act is repealed by its own terms on January 1, 2034. This bill would authorize the Governor to certify a data center project that is certified by the lead agency to meet specified conditions as an environmental leadership development project. The bill would require the Office of Land Use and Climate Innovation, in consultation with the State Energy Resources Conservation and Development Commission and other state agencies, as necessary, to develop uniform statewide standards for satisfying those conditions for data centers, as specified. The bill would also authorize the Governor to certify a geothermal powerplant that is certified by the lead agency to meet certain criteria as an environmental leadership development project. The bill would require the quantification and mitigation of impacts for emissions of greenhouse gases of a data center project and geothermal powerplant projects to be determined in the same manner as for those certain environmental leadership projects. By increasing the duties of a lead agency, the bill would impose a state-mandated local program. (3) 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 requires the Office of Emergency Services to enter into a joint powers agreement, as specified, with the Department of Forestry and Fire Protection to develop and administer a comprehensive wildfire mitigation program, that, among other things, encourages cost-effective structure hardening and retrofitting that creates fire-resistant homes, businesses, and public buildings. Existing law establishes the California Alternative Energy and Advanced Transportation Financing Authority to provide alternative methods of financing in providing and promoting the establishment of facilities using alternative methods and sources of energy and facilities needed for the development and commercialization of advanced transportation technologies, as provided. This bill would establish the California Wildfire Resilience Loan Program and would require the authority, upon appropriation by the Legislature, to administer the program to provide financial assistance for projects and activities to reduce wildfire-related risks and losses, including home hardening and defensible space improvements, as provided, and would make related changes.

The Personal Income Tax Law and the Corporation Tax Law allow various credits against the taxes imposed by those laws. This bill, for taxable years beginning on or after January 1, 2027, and before January 1, 2032, would allow a credit against those taxes to a qualified taxpayer, as defined, for 30% of the qualified cleanup expenses paid or incurred during the taxable year, and would limit the credit to $20,000 per taxable year. The bill would define qualified cleanup expenses for this purpose to mean costs directly related to the one-time removal and disposal of unauthorized encampments, illegal dumping, and abandoned property, as provided. The bill would require a taxpayer to certify, under penalty of perjury, that the costs reflected in documentation are directly related to qualified cleanup expenses. The bill would make related findings. By expanding the crime of perjury, this bill would impose a state-mandated local program. 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 also 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 within the California Environmental Protection Agency the State Air Resources Board. Existing law provides for the establishment of air pollution control districts and air quality management districts. Existing law generally vests regulatory jurisdiction over stationary sources of air pollution in the air pollution control districts and air quality management districts and regulatory jurisdiction over mobile sources of air pollution in the State Air Resources Board. This bill, contingent upon an appropriation by the Legislature in the annual Budget Act or another act for its purposes, would create the Office of Civil Rights within the state board. The bill would set forth the responsibilities of the office, including providing training on civil rights obligations to board staff, grantees, contractors, and subrecipients. The bill would require the state board to post on its internet website an annual summary of information regarding the office, including a summary of civil rights complaints received by the office and a description of compliance and enforcement efforts by the office relating to civil rights.

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 requires the Secretary of the Natural Resources Agency to prepare and submit, on or before March 31, 2024, and annually thereafter, a report to the Legislature on the progress made in the prior calendar year toward achieving the goal to conserve 30% of California'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. Existing law establishes the Equitable Outdoor Access Act, which sets forth the state's commitment to ensuring all Californians can benefit from, and have meaningful access to, the state's rich cultural and natural resources. Existing law declares that it is state policy, among other things, to ensure that all Californians have equitable opportunities to safe and affordable access to nature and access to the benefits of nature, and to prevent and minimize the intentional and unwarranted limitation of sustainable public access to public lands, where appropriate, including, but not limited to, local, regional, state, and federal parks, rivers, lakes, beaches, forests, mountain ranges, deserts, and other natural landscapes. Existing law requires specified state agencies to consider and incorporate, as appropriate, the state policy when revising, adopting, or establishing policies, regulations, or grant criteria, or making expenditures, as specified. Existing law requires all state agencies implementing the above-described state policy to do so in a manner consistent with the mission of their agency and that protects the health and safety of the public and conserves natural and cultural resources. This bill would provide that, to advance and promote environmental, conservation, and public access policies and budget actions, the Governor's office, state agencies, and the Legislature, when distributing resources, shall recognize the coequal goals and benefits of the 30x30 goal and the Outdoors for All initiative, and, to the extent practical, maximize investment in historically underserved urban communities consistent with those initiatives. The bill would encourage decisionmakers, when distributing resources to achieve the goals and benefits of the 30x30 goal and the Outdoors for All initiative, to consider factors that are unique to urban settings, including, among other things, higher land value acquisition and development costs per acre, the acute health needs of a local population due to historic lack of greenspace access and development externalities, local park needs assessment plans, current or impending loss of parks or greenspace as a result of state or federal infrastructure projects, and the availability of mobility options near a proposed land conservation site. The bill would encourage regulatory agencies, including the Department of Toxic Substances Control, to work with local communities to restore degraded lands that could contribute to a more equitable strategy for meeting the state's environmental, conservation, and public access goals. The bill would require state funding agencies, including certain state conservancies and the Wildlife Conservation Board, to allow, to the extent consistent with the funding source, the funding program's authorizing statutes, and the state's goals, for urban nature-based projects on degraded lands to be eligible and competitive for state funds.

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 requires a lead agency that is preparing an environmental impact report, a negative declaration, or making other determinations, to provide public notice of that fact within a reasonable period of time, as provided. CEQA requires a lead agency to give notice to the last known name and address of all organizations and individuals who have previously requested notice, and to give notice by posting the notice on the internet website of the lead agency, and to give notice through one of 3 different procedures, including direct mailing to the owners and occupants of contiguous property shown on the latest equalized assessment roll. Existing law also requires, for a project involving the burning of municipal wastes, hazardous waste, or refuse-derived fuel, to give notice by direct mailing to the owners and occupants of property within 14 of a mile of any parcel or parcels, as specified. This bill would authorize a lead agency to satisfy the direct mailing requirements listed above by electronic mail if the recipient affirmatively requested to receive notice by electronic mail.

Existing law requires the Wildfire and Forest Resilience Task Force to develop a comprehensive implementation strategy to track and ensure the achievement of the goals and key actions identified in the state's "Wildfire and Forest Resilience Action Plan," as provided. Existing law requires, on or before March 1, 2026, and every 5 years thereafter, the task force to update the action plan. This bill would require the task force, on or before July 1, 2028, and in cooperation with the Office of Environmental Health Hazard Assessment, the State Air Resources Board, and the State Department of Public Health, to assess the health costs and impacts of wildfire smoke using existing wildfire smoke and health data, as provided. The bill would require the task force, in developing this assessment, to, among other things, develop a model to determine the approximate health benefits of achieving the goals identified in the action plan and make recommendations on how the action plan can increase its health benefits. The bill would authorize the task force to enter into contracts with an independent group to assist with this assessment. The bill would require the task force to include this assessment and additional actions to reduce the health impact of wildfire smoke in the next update to the action plan, as provided.

Existing law, the California Clean Energy Jobs Act, expresses a goal of creating good-paying energy efficiency and clean energy jobs in California. Existing law establishes in state government the Labor and Workforce Development Agency, under the supervision of the Secretary of Labor and Workforce Development, which consists of the Office of the Secretary of Labor and Workforce Development and the California Workforce Development Board, among others. Existing law creates the position of Deputy Secretary for Climate within the agency, subject to appropriation by the Legislature, for the purpose of assisting in the oversight of California's workforce transition to a sustainable and equitable carbon neutral economy. This bill would, upon appropriation by the Legislature, establish an Electric Vehicle Economic Opportunity Zone (EVEOZ) for the County of Riverside, administered by the Labor and Workforce Development Agency, for the purpose of creating programs to make electric vehicle manufacturing jobs and education more accessible to lower income communities. The bill would require the agency to collaborate with the County of Riverside in determining the geographical boundaries of the EVEOZ. By imposing additional duties on local officials, the bill would impose a state-mandated local program. The bill would authorize the agency to partner with educational institutions, electric vehicle manufacturing businesses, and local and national financial intuitions to develop EVEOZ education, training, and investment programs, as specified. This bill would make legislative findings and declarations as to the necessity of a special statute for the County of Riverside. 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.