Asm. Diane Papan

Existing law vests the Public Utilities Commission with regulatory authority over public utilities, including electrical corporations. Existing law requires every electric utility, except as provided, to develop a standard contract or tariff providing for net energy metering, and to make this standard contract or tariff available to eligible customer-generators using renewable electrical generation facilities, as specified. Pursuant to its authority, the commission issued a decision revising net energy metering tariff and subtariffs, commonly known as the net billing tariff. This bill would include the regenerative braking from electric trains as a renewable electrical generation facility for those purposes, as provided. This bill would, upon an electrical corporation and an operator of an electrified commuter railroad that produces electricity through the regenerative braking of electric trains, including the Peninsula Corridor Joint Powers Board, completing certain technical studies, require the electrical corporation to adopt or modify a net billing contract or tariff that is approved by the commission. The bill would require that contract or tariff to, among other things, require the electrical corporation to apply bill credits for the electricity exported to the electrical grid based on its value, as specified. The bill would require the electrical corporation to provide, or install at its cost, if necessary, metering that records and documents electricity imports and exports, as specified. Under existing law, a violation of any order, decision, rule, direction, demand, or requirement of the commission is a crime. Because 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 establishes the Department of Health Care Access and Information to oversee and administer various health programs and to collect health data. Existing law establishes the Medical Board of California and the Osteopathic Medical Board of California for the licensure and regulation of physicians and surgeons and osteopathic physicians and surgeons. Existing law requires the boards to adopt and administer standards, including for the continuing education of those licensees. This bill would require the department to work with the Medical Board of California, the Osteopathic Medical Board of California, and state higher education entities to assess, among other things, physicians and surgeons' education and training, as specified, relating to menopause diagnosis and treatment. The bill would require the department to prepare a report to the Legislature on or before January 1, 2027, that, among other things, identifies gaps in medical education and training related to menopause and in menopause diagnosis and management practices among physicians and surgeons.

Existing law vests the Department of Transportation with full possession and control of the state highway system and requires the department to update the Highway Design Manual to incorporate the "complete streets" design concept. This bill would require the department, on or before January 1, 2026, to update the Highway Design Manual to direct local governments to consult with local fire departments when making road improvements to ensure the improvements do not negatively impact emergency response times.

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 Loan Fund Act of 2020 authorizes the I-Bank, under the Climate Catalyst Revolving Loan Fund Program, to provide financial assistance to any eligible sponsor or participating party in connection with the financing or refinancing for eligible climate catalyst projects, as defined, either directly to the sponsor or participating party or to a lending or financial institution, as specified. The act, beginning in the 2021–22 fiscal year, requires the I-Bank to adopt a climate catalyst financing plan, as specified, after meeting and conferring with prescribed authorized consulting agencies concerning specific categories of climate catalyst projects. The act establishes the Climate Catalyst Revolving Loan Fund as a continuously appropriated fund for the purpose of implementing the objectives and provisions of the act. This bill would authorize the I-Bank to provide financial assistance in connection with the financing or refinancing of an additional category of climate catalyst projects, those projects that enable the capture and conversion of data centers' waste heat, with the State Energy Resources Conservation and Development Commission (Energy Commission) as the consulting agency. If multiple projects seek funding under this category of climate catalyst projects, the bill would require the consulting agencies to prioritize funding based on state policy and on financial considerations, as determined by the Energy Commission. By expanding the purposes for which moneys in the fund may be expended, the bill would make an appropriation.

Existing law establishes a state policy that eligible renewable energy resources and zero-carbon resources supply 90% of all retail sales of electricity to California end-use customers by December 31, 2035, 95% of all retail sales of electricity to California end-use customers by December 31, 2040, 100% of all retail sales of electricity to California end-use customers by December 31, 2045, and 100% of electricity procured to serve all state agencies by December 31, 2035, as provided. Existing law requires the Public Utilities Commission (PUC) , State Energy Resources Conservation and Development Commission (Energy Commission) , and State Air Resources Board to issue a joint report to the Legislature by January 1, 2021, and every 4 years thereafter, that includes specified information relating to the implementation of that state policy. Existing law requires the PUC and the Energy Commission to undertake various actions in furtherance of meeting the state's clean energy and pollution reduction objectives. This bill would require the Energy Commission, in coordination with specified agencies, to develop a strategic plan for new in-state geothermal energy in California, as specified. The bill would require the Energy Commission to submit the strategic plan to the Natural Resources Agency and the Legislature on or before June 30, 2027. The bill would require the Energy Commission, in coordination with specified agencies, to work with stakeholders, other relevant federal, state, and local agencies, interested Native American tribes, California load-serving entities, and the geothermal energy industry to identify suitable and recommended locations for the development of new in-state geothermal energy, to establish state lands leasing goals for new in-state geothermal energy development for 2035 and 2045, as specified, and to identify opportunities to work with federal agencies on the timing, scope, and prioritization of geothermal lease sales to support geothermal development on federal lands within California, as specified. The bill would require the Energy Commission, in consultation with the PUC and the Independent System Operator (ISO) , to assess the transmission investments and upgrades necessary to support new in-state geothermal energy. The bill would require the PUC to designate new in-state geothermal energy as a long lead-time resource in its recurring input to the ISO's system need scoring for the interconnection and transmission planning process. The bill would require the Energy Commission, in coordination with specified entities, to develop and produce a permitting roadmap that describes timeframes and milestones for a coordinated, comprehensive, and efficient permitting process for new in-state geothermal energy exploration and field development and associated electricity and transmission infrastructure, as provided. The bill would require the Energy Commission, in coordination with the State Lands Commission, the Department of Conservation, and the Governor's Office of Business and Economic Development, to assess the level at which new and existing geothermal rentals and royalties would best support California's long-term renewable energy and greenhouse gas emissions reduction goals while maintaining competitiveness with rentals and rates on federal lands and in other states, as provided. The bill would require the information described in this paragraph, an assessment of known impacts to Native American and Indigenous peoples and biological resources, and strategies for addressing those impacts, and an assessment, led by the Geologic Energy Management Division, using the best available data, of the in-state geothermal resource potential, to be included in the strategic plan, as specified.

Existing law provides for the regulation of underground storage tanks by the State Water Resources Control Board. Existing law requires underground storage tanks that are used to store hazardous substances and that are installed after January 1, 1984, to meet certain requirements, including that the primary containment be product tight and that the tank's secondary containment meet specified standards. Existing law provides that single-walled containers do not fulfill the requirement of an underground storage tank (UST) providing both a primary and a secondary containment, except under a specified circumstance. Existing law imposes various monitoring, inspection, replacement, and upgrading requirements on USTs installed on or before January 1, 1984, and used for the storage of hazardous substances. Existing law requires, by December 31, 2025, the owner or operator of a UST to permanently close that UST if the UST meets specified conditions. This bill would exempt an operator from the tank closure requirement, described above, if the operator of a single-walled UST is acting in good faith to comply with the requirement to upgrade to a double-walled UST by September 30, 2025, and the operator meets specified conditions. The bill would require an operator seeking this exemption to submit a written request to the local enforcement agency, before September 30, 2025, and would require the local enforcement agency to review the request and issue a determination within 60 days of receipt. The bill would require the local agency to provide the determination to both the tank operator and the state board. By imposing additional duties on local officers, 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, 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 bill would declare that it is to take effect immediately as an urgency statute.

Under existing law, the State Water Resources Control Board and the 9 California regional water quality control boards regulate water quality and prescribe waste discharge requirements in accordance with the federal national pollutant discharge elimination system (NPDES) permit program established by the federal Clean Water Act and the Porter-Cologne Water Quality Control Act. Existing law requires each regional board to formulate and adopt water quality control plans for all areas within the region, as provided. The bill would require the state board, after making the necessary residual designation authority findings, to establish a statewide commercial, industrial, and institutional NPDES order for properties with 5 acres or more of impervious surface, as provided. The bill would require the state board to publish a draft order of the statewide order for public comment on or before December 31, 2028, or 18 months after the reissuance of a specified statewide permit, as specified. The bill would require the state board to contemporaneously establish rules for offsite compliance agreements to issue with the publication of the draft statewide order for public comment that details the necessary components of an agreement between commercial, industrial, and institutional permittees and local municipalities for achieving offsite stormwater capture and use within the adopted final statewide commercial, industrial, and institutional NPDES order. The bill would require the NPDES order to include multiple compliance options for discharges to select and comply with to be deemed in compliance with applicable water quality based effluent limitations, including, but not limited to, compliance options incentivizing green infrastructure onsite or offsite stormwater capture and use.

Existing law designates all parks, public campgrounds, monument sites, landmark sites, and sites of historical interest established or acquired by the state, or that are under its control, as the state park system, except as specified. Under existing law, the Department of Parks and Recreation controls the state park system, which is made up of units. This bill would require the Director of Parks and Recreation to establish an Accessibility Advisory Committee that consists of the Chief of the Accessibility Division for the department and additional members appointed by the director, as provided. The bill would require the committee to serve in an advisory capacity to the director and make recommendations for improving the accessibility of units of the state park system for individuals with disabilities. The bill would require the committee to evaluate disability accessibility models and provisions, review services, programs, and activities provided by the department, and provide recommendations on general plans for the department, as provided. The bill would authorize the director to implement the committee's recommendations as the director deems appropriate.

Existing law authorizes the legislative body of an incorporated city and the county board of supervisors to license businesses carried on within their respective jurisdictions and to set license fees, as specified. This bill would require a person who owns or operates a data center, prior to applying to a city or a county for an initial business license, equivalent instrument, or permit, to provide its water supplier, under penalty of perjury, an estimate of the expected water use. When applying to a city or county for an initial business license, the bill would require a person who owns or operates a data center to self-certify, under penalty of perjury, on the application that the person has provided its water supplier an estimate of the expected water use. When applying to a city or county for a renewal of a business license, equivalent instrument, or permit, the bill would require a person who owns or operates a data center to self-certify, under penalty of perjury, on the application, that they have provided the data center's water supplier with a report of the annual water use. By expanding the crime of perjury, the bill would impose a state-mandated local program. The bill would authorize the Department of Water Resources, as part of any efficiency standard adopted under a specified provision of law, to identify different tiers of data centers, based on factors affecting water consumption, and appropriate standards for each data tier. The bill would define terms for purposes of these provisions. The bill would include findings that changes proposed by this bill address a matter of statewide concern rather than a municipal affair and, therefore, apply to all cities, including charter cities. 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.

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 the lead agency 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. Existing law establishes the Geologic Energy Management Division in the Department of Conservation, under the direction of the State Oil and Gas Supervisor, who is required to supervise the drilling, operation, maintenance, and abandonment of wells so as to permit the owners or operators of those wells to use all methods and practices known to the industry for the purpose of increasing the ultimate recovery of geothermal resources, as provided. Existing law requires the division to be the lead agency for all geothermal exploratory projects for purposes of CEQA, as specified, and authorizes the division to delegate its lead agency responsibility for geothermal exploratory projects to a county that has adopted a geothermal element for its general plan. Existing law also requires the county in which a geothermal project is located to assume the responsibilities of a lead agency for a geothermal exploratory project upon the request of an applicant, as specified. Existing law defines "geothermal exploratory project" in part as a project composed of not more than 6 wells and associated drilling and testing equipment whose chief and original purpose is to evaluate the presence and characteristics of geothermal resources. Existing law requires wells included within a geothermal exploratory project to be located at least one-half mile from geothermal development wells that are capable of producing geothermal resources in commercial quantities. Existing law requires the owner or operator of a well to keep, or to cause to be kept, a careful and accurate log, core record, and history of drilling the well and requires the log to show, among other things, the character and depth of the formation passed through or encountered in the drilling of the well. Upon completion or abandonment of a well, or upon the suspension of operations of a well, existing law requires true copies of the log, core record, and history to be filed with the district deputy of an oil and gas district, as specified. This bill would expressly include as part of a geothermal exploratory project, among other things, equipment and activities necessary to establish interconnectivity between wells and reservoirs. The bill would exclude certain wells connecting to geothermal reservoirs from the one-half mile limit described above. The bill would require the log for a well that is part of a geothermal exploratory project that is exempt from CEQA, as described below, to include the chemical and physical characteristics of well stimulation fluids. Upon completion or abandonment of a well, or upon the suspension of operations of a well, that is part of a geothermal exploratory project that is exempt from CEQA, as described below, the bill would require a project developer to disclose the composition of fluids used in all relevant hydraulic fracturing operations with the log for a well and would require the project developer to file a copy of the disclosure with the lead agency. This bill would, until January 1, 2031, exempt from CEQA geothermal exploratory projects that meet specified conditions and for which the county or the Geologic Energy Management Division is the lead agency. The bill would require a project developer to conduct a reconnaissance survey, that includes certain information, and to supply the lead agency with the reconnaissance survey when applying for an exemption from CEQA. The bill would require the lead agency to engage in a scoping consultation with any California Native American tribe that is traditionally and culturally affiliated with the geographic area of the proposed project, as provided. The bill would authorize the lead agency to require the project applicant to file an indemnity bond, as specified, before the lead agency determines that a geothermal exploratory project is exempt from CEQA. The bill would require a geothermal exploratory project that is exempt from CEQA to include full reclamation of the project site, as provided. The bill would require the lead agency, at least 30 days before making a determination to approve a geothermal exploratory project as exempt from CEQA pursuant to this exemption, to post a written notice of the intent to apply the exemption at the project site and to post a written notice of the intent to apply the exemption and the entire project application on its internet website. If the lead agency determines that the project is exempt from CEQA, the bill would require the lead agency 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 project is located, as provided, and to provide a copy of the notice to specified entities. Because the exemption would apply to projects where the county is the lead agency and the county would be required to engage in a scoping consultation and determine if a project qualifies for this exemption, the bill would impose a state-mandated local program. This bill would require a geothermal field development project located on a site where a geothermal exploratory project was deployed pursuant to the above-described CEQA exemption to use a baseline for CEQA review that reflects the site before the geothermal exploratory project occurred. Existing law requires the owner or operator of a well to file a written notice of intention to commence drilling with, and prohibits any drilling until approval is given by, the supervisor or district deputy. This bill would require, on or before January 1, 2029, the Geologic Energy Management Division to promulgate regulations for enhanced geothermal system wells, as provided. Before the promulgation and implementation of those regulations, the bill would require an operator to provide specified information to the supervisor when the operator files the notice of intent to commence drilling for a well in a CEQA-exempt geothermal exploratory project that employs enhanced geothermal system technology. 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.