Sen. Ben Hueso

Existing law establishes various environmental and economic policies and programs. This bill, upon appropriation by the Legislature, as provided, would establish the Nature and Parks Career Pathway and Community Resiliency and Equity Act of 2021, which would require state conservancies and the Wildlife Conservation Board to establish grant programs to fund climate mitigation, adaptation, or resilience, natural disaster, and other climate emergency projects, as specified.

The Salton Sea Restoration Act requires the Secretary of the Natural Resources Agency, in consultation and coordination with the Salton Sea Authority, to lead Salton Sea restoration efforts. Existing law, including the act, specifies various sources of funding for Salton Sea restoration and mitigation projects, and provides for the allocation of various responsibilities among state agencies and regional water agencies for implementation and administration of those projects. This bill would require the secretary to work with local stakeholders to develop a long-term strategy for the Salton Sea. The bill would require the long-term strategy to, among other things, assess the environmental impacts and economic viability of the Salton Sea, identify challenges to enacting a long-term strategy, and provide recommendations for addressing the identified challenges. The bill would require the secretary, in preparing the long-term strategy, to create an advisory panel and work with relevant agencies at the federal, local, and binational level.

Existing law establishes within the Government Operations Agency the Department of Technology, under the supervision of the Director of Technology, also known as the State Chief Information Officer. Existing law requires the director to, among other things, provide technology direction to chief information officers to ensure the integration of statewide technology initiatives. Existing law requires the head of a state agency or entity, as defined, to appoint a chief information officer to, among other things, oversee or supervise information technology services or activities within their state agency or entity. This bill would make nonsubstantive changes to those provisions.

The California Global Warming Solutions Act of 2006 designates the State Air Resources Board as the state agency responsible for monitoring and regulating sources of emissions of greenhouse gases. The act authorizes the state board to adopt greenhouse gas emissions limits and emissions reduction measures by regulation to achieve the maximum technologically feasible and cost-effective reductions in greenhouse gas emissions in furtherance of achieving the statewide greenhouse gas emissions limit. The act authorizes the state board to include in its regulation of emissions of greenhouse gases the use of market-based compliance mechanisms. This bill would require, on or before December 31, 2023, the state board to consider developing and implementing a Green Hydrogen Credit Program to accelerate the deployment and production of green hydrogen, as defined, at large industrial facilities and to promote the transition to a carbon-free economy. The bill would require the state board to determine whether a Green Hydrogen Credit Program would be an effective and appropriate approach to using the state's Cap-and-Trade Program to incentivize green hydrogen production. The bill would require, if the state board determines that a Green Hydrogen Credit Program would be effective and appropriate, the state board to develop a Green Hydrogen Credit Program and review and revise its existing regulations to provide industrial facilities that produce green hydrogen with an additional greenhouse gas allowance of 10 tons for every metric ton of green hydrogen produced during a compliance period, as defined, and develop and adopt any new regulations the state board deems necessary to implement the program. The bill would authorize the state board, in developing a Green Hydrogen Credit Program, to adopt a declining greenhouse gas allowance allocation schedule through December 31, 2030.

Existing law requires the State Air Resources Board to complete, approve, and implement a comprehensive strategy to reduce emissions of short-lived climate pollutants in the state and to achieve a reduction in the statewide emissions of methane by 40%, hydrofluorocarbon gases by 40%, and anthropogenic black carbon by 50% below 2013 levels by 2030, as provided. Existing law requires the methane emissions reduction goals to include specified targets to reduce the landfill disposal of organics. This bill would make a nonsubstantive change to that latter provision.

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 certain 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 either adopt these standards developed by the Department of Transportation or to discuss at a public hearing why the standards are not being adopted. Existing law requires the State Procurement Officer, when purchasing materials to be used in paving or paving subbase for use by the Department of Transportation and any other state agency that provides road construction and repair services, to contract for those items that use recycled material in those materials, unless the Director of Transportation determines that the use of the materials is not cost effective. This bill would authorize the department to conduct a study to assess the feasibility, cost effectiveness, and life-cycle environmental benefits and detrimental impacts of including recycled plastics in asphalt used as a paving material in the construction, maintenance, or rehabilitation of a highway or road. If the department conducts the study, the bill would require the Ocean Protection Council to review the study design and findings to determine how including recycled plastics in asphalt for use as a paving material will impact the ocean's health and would require the department to assess, as part of the study, any life-cycle environmental benefits or detrimental impacts identified by the council. If the department determines that this use of recycled plastics is feasible and that recycled plastics can be included in asphalt in a manner that is cost effective and provides life-cycle environmental benefits, the bill would authorize the department to establish specifications for including recycled plastics in asphalt used as a paving material in the construction, maintenance, and rehabilitation of a highway or road. The bill would require the department to prepare and submit, on or before January 1 of each year, commencing January 1, 2023, an analysis to the Assembly Committee on Transportation and the Senate Committee on Transportation on its progress studying recycled plastics and its progress toward establishing specifications for including recycled plastics in asphalt, as described above. The bill would require a local agency that has jurisdiction over a street or highway to either adopt the specifications established by the Department of Transportation or discuss at a public hearing why the specifications are not being adopted. By increasing the duties of local agencies, this 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.

Existing law provides for the regulation and development of aquaculture and requires the owner of each aquaculture facility to register with the Department of Fish and Wildlife. Existing law authorizes the department, among other powers, to assess annual registration fees on owners of aquaculture facilities and to prohibit an aquaculture operation or the culturing of any species at any location where it would be detrimental to adjacent native wildlife. Existing law authorizes the Fish and Game Commission to lease state water bottoms or the water column to any person for aquaculture, as prescribed, and requires the department to notify the State Lands Commission of all applications for water bottom leases and of all leases for aquaculture executed, renewed, or assigned. Under existing law, the California Coastal Act of 1976, the California Coastal Commission is responsible for the implementation of the act and for state coastal zone planning and management. This bill would require the department, in collaboration with the California Coastal Commission, to, by January 1, 2024, create a pilot program in state waters to further develop shellfish and seaweed mariculture production and restoration capacity in California. The bill would require the department to establish a process to designate tracts for shellfish and seaweed mariculture production and restoration as part of the pilot program, as specified. The bill would authorize an applicant with a proposed shellfish, seaweed, or shellfish and seaweed mariculture production and restoration project to apply for a lease of any pilot program tract, or a portion thereof. The bill would require the State Lands Commission or the Fish and Game Commission, or both, if applicable to approve, deny, or return for revision a lease application within 4 months. The bill would authorize a local government to apply for a shellfish and seaweed mariculture production and restoration lease and designate individual mariculturalists as sublessees without authorization from the department, the State Lands Commission, or the Fish and Game Commission. A local government would be required to notify the department, the State Lands Commission, or the Fish and Game Commission of a sublease within 2 months of the beginning of the sublease. The bill would provide the department, by January 1, 2024, within the pilot program tracts, with sole authority or jurisdiction to approve, deny, or otherwise affect the ability of shellfish and seaweed mariculture production and restoration projects to operate, as well as to enforce compliance with relevant regulations, excluding the roles and responsibilities of the State Water Resources Control Board and the relevant leasing authorities. The bill would authorize a mariculturalist holding a lease to a pilot program tract to be able to begin cultivation without a permit under the regulations established by the department, except any permit required by the State Water Resources Control Board. The bill would require the department to conduct ongoing monitoring and enforce compliance with the rules and regulations of the pilot program and to work with noncompliant aquaculturalists to resolve any noncompliance issues if possible. The bill would authorize the department to close any operation in the pilot program due to noncompliance if no other reasonable resolution is possible. The bill would require, when sufficient data has been collected, the department to make recommendations to the Legislature on any relevant changes to the mariculture and restoration permitting and regulatory processes, as specified. The bill would repeal the provisions establishing the pilot program on January 1, 2036, and upon termination, would require the department to offer participants in the pilot program, one year from the date of termination, to come into compliance with any rules and regulations not applicable in the pilot program tracts in order to keep operating. The bill would require the department to consider and, if appropriate, investigate whether and how to seek state verification authority from the United States Army Corps of Engineers and any other federal agencies offering state verification authority in order to streamline the review and approval of federal permits issued by the United States Army Corps of Engineers or another federal agency that may be required by a mariculture project intending to operate in this state. The bill would require the department to ensure the inclusion of socially disadvantaged aquaculturalists in the development, adoption, implementation, and enforcement of laws, regulations, and policies and programs relating to aquaculture production and restoration. The bill would also make legislative findings and declarations and adopt definitions to implement its provisions.

Existing law, the California Suicide Prevention Act of 2000, allows the State Department of Health Care Services, contingent upon appropriation, to establish and implement a suicide prevention, education, and gatekeeper training program to reduce the severity, duration, and incidence of suicidal behaviors. Existing law authorizes the State Department of Public Health to establish the Office of Suicide Prevention to, among other things, convene experts and stakeholders, including, but not limited to, stakeholders representing populations with high rates of suicide, to encourage collaboration and coordination of resources for suicide prevention. This bill would require the department to establish an Ending Military Suicide Task Force to systematically reduce military suicides and to develop a plan to eliminate all military suicides in the state, as specified. Commencing June 1, 2023, the bill would require the task force to submit a specified report to the Governor and the Legislature on the state of veteran suicide prevention, as specified, including, among other things, an analysis of the plans, activities, strategies, and programs undertaken pursuant to the task force's recommendations and their effects on reducing military suicides in the state.

Existing law establishes the Office of Small Business Advocate within the Governor's Office of Business and Economic Development for the purpose of advocating for the causes of small business and to provide small businesses with the information they need to survive in the marketplace. This bill, the Keep California Working Act, would establish the Keep California Working Grant Program. The act would require the Small Business Advocate to administer the program and award grants, as specified, to small businesses and nonprofit entities that meet specified criteria, including that the entity has experienced economic hardship resulting from the COVID-19 pandemic. The act would specify that grant money awarded pursuant to the program may be used only for specified purposes, including payroll costs, health care benefits, paid sick, medical, or family leave, and insurance premiums. The act would appropriate $2.6 billion dollars to the Office of Small Business Advocate for those purposes. The Personal Income Tax Law and the Corporation Tax Law, in conformity with federal income tax law, generally define "gross income" as income from whatever source derived, except as specifically excluded, and provide various exclusions from gross income. This bill would exclude from gross income, for state income tax purposes, the amount of a grant awarded pursuant to the Keep California Working Grant Program. Existing law requires a 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. The bill also would include additional information required for a bill authorizing a new tax expenditure. This bill would declare that it is to take effect immediately as an urgency statute.

Existing law requires the Governor to appoint every office whose mode of appointment is not prescribed by law. Existing law also prescribes the manner of the Governor's appointment of those officers. This bill would require the office of the Governor to convene, on or before June 1, 2022, a working group to discuss and make recommendations on the most effective way to ensure the state's leadership on boards and commissions reflects the diversity in age, ethnicity, gender, gender identity, disability status, region, veteran status, and sexual orientation, among other things, that are representative of the state. The bill would require these recommendations to be completed and published on the Governor's internet website no later than March 1, 2023, and contain specified recommendations. The bill would set forth selection and qualification requirements for members of the working group. The bill would also require the working group to hold its first meeting no later than September 1, 2022, and to determine a schedule, at that first meeting, to have 5 additional meetings completed no later than February 1, 2023. The bill would terminate the working group on January 1, 2024. This bill would require the office of the Governor, on or before December 1, 2022, and on or before every December 1 thereafter, to create and deliver to the Legislature a report containing specified information relating to the demographic information, as defined, of individuals appointed by the office of the Governor and relating to information on every state board and commission. The bill would also require, on or before December 1, 2022, and on or before every December 1 thereafter, a portion of that report relating to the boards and commissions of the state to be published on the internet website of the office of the Governor. The bill would also make related findings and declarations.