Existing law requires the Office of the State Fire Marshal to develop and make available on its internet website a Wildland-Urban Interface Fire Safety Building Standards Compliance training intended for use in the training of local building officials, builders, and fire service personnel, as specified. Existing law authorizes the Office of the State Fire Marshal to allow certification of contractors who conduct defensible space, home hardening, fuel reduction, roadside clearance, and other contracting activities for wildlife resiliency efforts and who have completed specified training programs. Existing law requires the Office of the State Fire Marshal to develop and update a Wildland-Urban Interface Products listing of products and construction assemblies that comply with prescribed regulations regarding building in a wildland-urban interface area. Existing law authorizes the Office of the State Fire Marshal to expend funds from the Building Standards Administration Special Revolving Fund, upon an appropriation by the Legislature, for the purposes of researching and developing the products listing and the educational and training provisions. Existing law requires the Office of the State Fire Marshal to establish the State Fire Marshal's Wildfire Mitigation Advisory Committee. This bill would require, on or before January 1, 2028, the State Fire Marshal's Wildfire Mitigation Advisory Committee to develop an implementation plan for a home hardening certification program that identifies home hardening measures, including defensible space, that can be voluntarily implemented during renovation or property improvement projects, or both, to substantially reduce the risk of loss during a fire and bring existing building stock into alignment with state building standards for wildland-urban interface areas. The bill would require the committee, in developing the implementation plan for the home hardening certification program, to provide specified recommendations. The bill would authorize the Office of the State Fire Marshal to expend funds from the Building Standards Administration Special Revolving Fund, upon an appropriation by the Legislature, for the purposes of developing the implementation plan for the home hardening certification program. The bill would require the committee, on or before January 1, 2028, to provide a report to specified legislative committees on its findings and recommendations pursuant to these provisions. The bill would require, on or before January 1, 2029, the State Fire Marshal to establish the home hardening certification program based on the recommendations made by the Wildfire Mitigation Advisory Committee.
Existing law establishes, until January 1, 2028, the Prescribed Fire Liability Pilot Program, to be administered by the Department of Forestry and Fire Protection, to increase the pace and scale of the use of prescribed fire and cultural burning and to reduce barriers for conducting prescribed fires and cultural burning. Existing law creates the Prescribed Fire Claims Fund in the State Treasury to support coverage for losses from prescribed fires and cultural burning by nonpublic entities, such as cultural fire practitioners, private landowners, and nongovernmental entities. Under existing law, moneys in the fund are under the control of the department, and the department or a contracted third-party administrator is authorized to direct payments for claims from the fund, consistent with specified guidelines adopted by the department. These guidelines include, among other things, (1) a requirement that an eligible claim relate to either a prescribed fire conducted or supervised by a burn boss, as defined, or a cultural burn conducted or supervised by a cultural fire practitioner, and (2) a requirement that a claim shall not be paid from the fund unless the department reviewed and approved a burn plan before the prescribed fire or cultural burning. Existing law requires, upon order of the Department of Finance, the $20,000,000 appropriated to the Department of Forestry and Fire Protection by the Legislature in the Budget Act of 2021 be transferred into the fund, and provides that all moneys deposited or transferred into the fund be continuously appropriated to the department for these purposes. By Executive Order N-35-25, Governor Gavin Newsom suspended the limitation on public and governmental agencies enrolling in the Prescribed Fire Liability Pilot Program to the extent that the limitation would prohibit resource conservation districts and volunteer fire departments or districts from such enrollment. This bill would establish the Good Fire Act, which would indefinitely extend the Prescribed Fire Liability Program. The bill would explicitly state that the Prescribed Fire Claims Fund shall support coverage for losses from prescribed fires and cultural burning on any lands within the state. The bill would also expand program eligibility by changing the entities who may receive coverage for losses from prescribed fires and cultural burning from nonpublic entities to individuals and entities other than the department or the federal government, as provided. By extending the term of a continuous appropriation and authorizing the expenditure of continuously appropriated funds for new purposes, the bill would make an appropriation. This bill would eliminate the requirement for department approval for a plan reviewed and approved by a burn boss, and would require a burn plan to be submitted to the claims fund portal before ignition. The bill would also require the guidelines to include methods for prioritizing broadcast burns and burns by non-public individuals or entities or California Native American tribes in the event the fund is oversubscribed. Within one year of a claim being paid from the fund, the bill would require the department to submit a report to the Legislature regarding the claim process and propose statutory changes related to the fund, as provided. Existing law requires the State Fire Marshal, with the involvement of the Statewide Training and Education Advisory Committee, to develop a curriculum for, or amend into an existing curriculum, a certification program for burn bosses who possess authority to engage in a prescribed burning operation and to enter into the necessary contracts related to a prescribed burning operation. Existing law requires this curriculum to provide for the initial certification as well as the continuing education of burn bosses. Under existing law, specified civil liability protections and eligibility for claims from the Prescribed Fire Claims Fund extend to prescribed burns that, among other things, are reviewed and approved by a burn boss certified pursuant to these provisions, as provided. This bill would require, as part of the continuing education of burn bosses, the State Fire Marshal to require recertification no sooner than every 3 years. The bill would also require the department to consider methods to increase the pool of available instructors for the certification program, including the use of non-department instructors. The bill would require the department, in consultation with the Statewide Training and Education Advisory Committee, to develop a mechanism to allow specified individuals to be designated as a burn boss. The bill would authorize these individuals certified pursuant to this process to use the above-described recertification process to maintain currency. Existing law authorizes an entity that owns or controls brush-covered land, forest lands, woodland, grassland, shrubland, or a combination of those types of land within a state responsibility area to apply to the Department of Forestry and Fire Protection for permission to use prescribed burning for certain public purposes. Existing law requires the department, upon receipt of an application, to inspect the land in company with the applicant to determine whether a permit shall be granted, as provided. By Executive Order N-35-25, Governor Gavin Newsom suspended the above-described requirement that the department conduct a site visit or inspection before issuing a state burn permit for projects undertaken by burn bosses or cultural fire practitioners. This bill would authorize the department to waive the inspection requirement or modify the standard precautions for an application submitted by specified individuals. 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. Existing law exempts from CEQA specified wildfire risk reduction projects, including, among other projects, projects consisting of a prescribed fire or fuel reduction to reduce wildfire risk by reestablishing the fire return interval appropriate to the ecosystem for biodiversity or other benefits, excluding projects located on coastal sage scrub habitat or any other sensitive habitat. By Executive Order N-35-25, Governor Gavin Newsom suspended the requirements of CEQA as applied to the Department of Forestry and Fire Protection to the extent necessary for the department to assist local agencies and beneficial fire practitioners to complete beneficial fire projects that limit dangerous wildfire conditions to the greatest extent feasible. This bill would exempt from CEQA those actions taken by the department to assist in the implementation of prescribed fire or cultural burning projects that do not otherwise require compliance with CEQA. Existing law establishes various grant programs for purposes of wildfire prevention. This bill would require a state agency, department, board, or commission that has awarded grant funds for a project that includes the preparation for, or implementation of, a beneficial fire project to include as an allowable expense of the grant the payment of overtime or double rates of pay to employees or contractors who prepare for or implement the beneficial fire project when such expenses are necessary for the implementation of the beneficial fire project. Existing law authorizes the Director of Forestry and Fire Protection to provide grants to, or enter contracts or other cooperative agreements with, specified entities for the implementation and administration of projects and programs to improve forest health and reduce greenhouse gas emissions. Existing law authorizes the director to authorize advance payments and requires grantees who receive advance payments to file an accountability report with the department 4 months from the date of receiving the funds and every 4 months thereafter. This bill would instead require grantees who receive advance payments to file an accountability report within 6 months from the date of receiving the funds and every 6 months thereafter. This bill would incorporate additional changes to Section 4799.05 of the Public Resources Code proposed by AB 2513 to be operative only if this bill and AB 2513 are enacted and this bill is enacted last. This bill would declare that it is to take effect immediately as an urgency statute.
(1) Existing law authorizes certain entities to operate household hazardous waste collection facilities, as defined, including permanent and temporary household hazardous waste collection facilities, under permits issued by the Department of Toxic Substances Control. Existing law requires hazardous waste transported to a household hazardous waste collection facility to be transported by specified entities, and imposes conditions on the acceptance of hazardous waste by a household hazardous waste collection facility, including, among others, that the hazardous waste not exceed certain weight requirements. Existing law requires a person engaged in the transportation of hazardous waste to be registered with the department and to have a manifest while transporting the hazardous waste, except if the transport is from specified facilities or programs. A violation of the hazardous waste control laws is a crime. This bill would require, until January 1, 2030, the department to evaluate opportunities to increase safety and convenience related to the management and disposal of vape pens confiscated from students by a school, as provided, and identify any recommendations that require future legislative action. The bill would authorize a permanent household hazardous waste collection facility to mechanically disassemble vape pens and devices in a manner that does not result in the unauthorized release of hazardous materials, as specified. The bill would exempt from the above-described registration and manifest provisions a school transporting vape pens and devices confiscated from students. The bill would also impose the above-described conditions relating to the transport of hazardous waste on a public agency, contractor of a public agency, or a registered hazardous waste transporter, transporting vape pens and devices from schools, as provided. The bill would require any vape pens and devices to be transported in containers bearing the school's Environmental Protection Agency identification number. The bill would specify conditions that apply for purposes of determining how many vape pens and devices may be accepted by a household hazardous waste collection facility without exceeding the specified weight limits. Because a violation of these provisions would be a crime, the bill would impose a state-mandated local program. (2) Existing law requires all cartridges for electronic cigarettes and solutions for filling or refilling an electronic cigarette to be in child-resistant packaging. This bill would prohibit a person from marketing, promoting, labeling, branding, advertising, distributing, offering for sale, or selling a vape product in this state by (A) imitating a product that is not a vape product to conceal the nature of the vape product from parents, teachers, or other adults, or (B) including interactive videogame capabilities within a vape product, as provided. This bill would authorize a city, a county, a city and county, or the state to enforce the above-described prohibitions and to impose civil liability on a person or entity, or distributor, in violation of the prohibitions in specified fine amounts, including $1,000 for the first violation, or for a distributor, $50,000 per violation. The bill would require any civil penalties collected to be paid to whichever office brought the action, and would authorize the Attorney General to expend any penalties it collects, upon appropriation by the Legislature, to enforce the prohibitions. The bill would specify that any remedies provided pursuant to these provisions are not exclusive and are in addition to the remedies that may be available pursuant to specified provisions relating to unfair competition. The bill would make any person who violates the prohibitions guilty of an infraction punishable by a fine of not more than $500. By creating a new crime, the bill would impose a state-mandated local program. (3) Existing law, the Cigarette and Tobacco Products Licensing Act of 2003, provides for the licensure and regulation of manufacturers, distributors, wholesalers, importers, and retailers of cigarette or tobacco products. Existing law, except as specified, prohibits a tobacco retailer, or any of the tobacco retailer's agents or employees, from selling, offering for sale, or possessing with the intent to sell or offer for sale, a flavored tobacco product or a tobacco product flavor enhancer. Existing law authorizes the California Department of Tax and Fee Administration or a law enforcement agency, upon discovery that a retailer possesses, stores, owns, or has made a retail sale of flavored tobacco products or tobacco product flavor enhancers in violation of that prohibition to seize the flavored tobacco products or tobacco product flavor enhancers at the retail location or any other person's location. Existing law deems those seized flavored tobacco products or tobacco product flavor enhancers as forfeited to the state, and requires the department to issue a civil penalty against the retailer, as provided. Existing law also requires the department to suspend or revoke the license of a retailer upon a 2nd or 3rd seizure and forfeiture, as provided. This bill would apply those same seizure, forfeiture, and civil penalty provisions to a retailer who possesses, stores, owns, or has made a retail sale of vape products, as defined, in violation of the prohibitions related to a vape product described in paragraph (2) , above. Existing law authorizes a peace officer or department employee granted limited peace officer status, as provided, upon presenting appropriate credentials, to enter any place at which cigarettes or tobacco products are sold, produced, or stored or at any site where evidence of a violation of specified laws relating to cigarette or tobacco products may be discovered, and to conduct inspections in accordance with specified requirements. This bill would also authorize those inspections at any place where there is evidence of a violation of the prohibitions related to a vape product described in paragraph (2) , above. (4) This bill would incorporate additional changes to Section 22974.2 of the Business and Professions Code proposed by AB 762 to be operative only if this bill and AB 762 are enacted and this bill is enacted last. (5) 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.
(1) Existing law, until January 1, 2030, generally prohibits a person from possessing, importing, shipping, or transporting in the state, or from placing, planting, or causing to be placed or planted in any water within the state, invasive mussels, as defined. Existing law requires a public or private agency that operates a water supply system to cooperate with the Department of Fish and Wildlife (department) to implement measures to avoid infestation by invasive mussels and to control or eradicate any infestation that may occur in a water supply system, and, if invasive mussels are detected, to prepare and implement a plan, as specified, to control or eradicate invasive mussels within the system (control plan) . Existing law prohibits the importation, transportation, possession, or live release of specified wild animals, except under a revocable, nontransferable permit, known as a restricted species permit, issued by the department, in cooperation with the Department of Food and Agriculture, and only if certain requirements are met. This bill would exempt from the requirement to obtain a restricted species permit for invasive mussels a public or private agency that operates a water supply system and has submitted a control plan to the department for maintenance, operational, and research activities within the water supply system, as specified. The bill would exempt from the requirement to obtain a restricted species permit for dead invasive mussels a public or private agency that operates a water supply system and has submitted a control plan to the department for research, outreach, education, species verification, training, or other purposes deemed by the department to be in the best interest of the state. The bill would provide that these exemptions remain in effect for a particular public or private agency until the department determines the agency's control plan does not meet the statutory requirements for control plans or approves the control plan. This bill would require the department's Invasive Species Program to develop, by April 1, 2027, voluntary guidance for public and private agencies that operate water supply systems to develop effective control plans. The bill would also require the department's Invasive Species Program to develop and publish, by April 1, 2027, guidance for scientific research conducted by or for public and private agencies that operate water supply systems to prevent and control the spread of invasive mussels, as specified. This bill would require the department to update the spatial distribution maps of invasive mussel-infested water bodies posted on its internet website no less than quarterly based on monitoring and reported detections, as prescribed. (2) Existing law requires every manufacturer of, importer of, or dealer in any pesticide, except as specified, to obtain a certificate of registration from the Department of Pesticide Regulation before the pesticide is offered for sale. Existing law requires the Director of Pesticide Regulation to endeavor to eliminate from use in the state specified pesticides, and in carrying out this responsibility, to develop an orderly program for the continuous evaluation of all pesticides actually registered, as specified. 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 Porter-Cologne Water Quality Control Act and the national pollutant discharge elimination system permit program. This bill would require, in response to an invasive species threat, including, but not limited to, the threat of golden mussels, the department, state board, and regional boards to work with state and local agencies in order to quickly and efficiently respond to the threat. The bill would require the department and state board to identify any tools available to assist a state or local agency in rapidly responding to the invasive species threat and to help identify any existing processes that allow for the rapid use of any tool that could be used to address the invasive species threat and enables a streamlined or faster administrative or procedural process. The bill would require the state board, if necessary, to help coordinate efforts between the regional boards in response to a threat of an invasive species. (3) This bill would declare that it is to take effect immediately as an urgency statute.
The Planning and Zoning Law authorizes the legislative body of any county or city to adopt ordinances that, among other things, regulate the use of buildings, structures, and land as between industry, businesses, residences, and open space, as specified. This bill would prohibit a city, county, or city and county from approving a discretionary or ministerial permit or other entitlement that would result in the construction, or an expansion that increases the maximum peak water use, of a data center unless specified conditions are satisfied, including, among others, that the applicant provides the city, county, or city and a county prescribed information. The bill would include in this prescribed information a water scarcity plan and a water supply assessment, each as provided. The bill would also include in the specified conditions that the applicant assumes responsibility for the full cost of any required water conveyance, treatment or storage, or distribution infrastructure improvements necessary to serve the project, as determined by the applicable water supplier. The bill would provide that this provision is severable. By expanding the duties of local agencies to administer these provisions, this bill would impose a state-mandated local program. 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.
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.
Existing law requires a manufacturer or supplier making an environmental marketing claim relating to the recycled content of a plastic food container product to maintain specified information and documentation in written form in its records in support of that claim and to, upon request, furnish that maintained information to any member of the public, as specified. Existing law requires the maintained information to include that the recycled content for materials has been diverted from the solid waste stream either during the manufacturing process (preconsumer) or after consumer use (postconsumer) and that the recycled content claim conforms to the uniform standards for recycled content contained in the Federal Trade Commission Guides for the Use of Environmental Marketing Claims. Existing law provides for the imposition of a civil penalty by a city, county, or the state for a violation of these provisions. This bill would, beginning January 1, 2030, expand the application of those provisions from plastic food container products to all products making recycled content claims. The bill would revise the reference to the Federal Trade Commission Guides for the Use of Environmental Marketing Claims to specifically refer to those guides as they read on January 1, 2026. The bill would additionally require documentation in written form that the recycled content material claimed does not exceed the amount of third-party certified recycled content introduced into the manufacturer's or supplier's overall supply stream for the material used in that product line. The bill would require the recycled content claim to be based on the actual recycled content used in the production of the material used in the product line using specified methods. The bill would require a manufacturer or supplier making an environmental marketing claim relating to the recycled content of a product other than a plastic food container product to furnish, upon request, the aforementioned maintained information to the Attorney General, as specified. The bill would also keep any confidential, proprietary, or trade secret information provided or obtained regarding a product, other than a plastic food container product, confidential, as provided. Existing constitutional provisions require that a statute that limits the right of access to the meetings of public bodies or the writings of public officials and agencies be adopted with findings demonstrating the interest protected by the limitation and the need for protecting that interest. This bill would make legislative findings to that effect.
Existing law requires the Department of Forestry and Fire Protection to establish a local assistance grant program for fire prevention and home hardening education activities in California and extends eligibility for grants to, among others, local agencies, resource conservation districts, fire safe councils, the California Conservation Corps, certified community conservation corps, Native American tribes, and qualified nonprofit organizations. Existing law requires the department, on or before December 31, 2023, and annually thereafter, to post on its internet website certain information regarding hazardous fuel reduction and vegetation management projects funded or conducted by the department for the preceding fiscal year, including projects funded under the department's Wildfire Prevention Grants Program, as provided. Existing law requires the Director of Forestry and Fire Protection to establish a statewide program to allow qualified entities, as defined, who have completed a specific training program developed and administered by the department to support and augment the department in its defensible space and home hardening assessment and education efforts. This bill would require the department, in consultation with the State Fire Marshal's Wildfire Mitigation Advisory Committee, to establish a wildfire mitigation validation program to provide voluntary official recognition to a community that achieves progress toward community-scale wildfire preparedness and mitigations. The bill would require the department, in consultation with the committee, to (1) set the wildfire mitigations, including, among other things, home hardening and defensible space requirements, and (2) set the minimum percentage of mitigations required to achieve recognition and set increases in those percentages, as provided. The bill would authorize the department, commencing with the 2028–29 fiscal year, to disburse funds appropriated for the Wildfire Prevention Grants Program to recognized communities that partner with fire safe councils or other eligible groups, as provided. The bill would authorize the department to prioritize disadvantaged recognized fire communities pursuant to its established procedures for prioritizing disadvantaged applicants for the Wildfire Prevention Grants Program.
(1) The hazardous waste control laws require the Department of Toxic Substances Control to regulate the handling and management of hazardous waste and hazardous materials. A violation of the hazardous waste control laws is a crime. Existing law prohibits an owner or operator of a storage facility, treatment facility, transfer facility, resource recovery facility, or disposal site from accepting, treating, storing, or disposing of a hazardous waste at the facility, area, or site, unless the owner or operator holds a hazardous waste facilities permit, as provided. Existing law provides that a facility with the onsite accumulation of hazardous waste for a specified period of time by a generator of less than 1,000 kilograms of hazardous waste in any calendar month is not a storage facility if the quantity of hazardous waste accumulated onsite never exceeds 6,000 kilograms, the generator is in compliance with certain federal regulations, and the generator does not hold acutely or extreme hazardous waste in an amount greater than one kilogram for a specified period of time. Existing state regulations authorize a small quantity generator to accumulate various quantities of hazardous waste without a permit if certain conditions are met. This bill would instead provide that a facility with the onsite accumulation of hazardous waste for a specified period of time by a generator of less than 1,000 kilograms of hazardous waste in any calendar month is not a storage facility if the generator complies with those state regulations. Existing law imposes various manifest requirements for transporting hazardous waste, including, among others, requiring any person generating hazardous waste that is transported, or submitted for transportation, for offsite handling, treatment, storage, disposal, or any combination thereof, to complete a manifest. Existing law authorizes specified manifest requirements for transporting hazardous waste to be satisfied through the use of the United States Environmental Protection Agency electronic manifest (e-Manifest) system. This bill would require certain reports required to be submitted to the department when a manifest is not received to instead be submitted to the e-Manifest system. For purposes of the hazardous waste control laws, "treatment" means any method, technique, or process that is not otherwise excluded from the definition pursuant to these laws and that is designed to change the physical, chemical, or biological character or composition of any hazardous waste or any material contained therein, or that removes or reduces its harmful properties or characteristics for any purpose. Existing law excludes from that definition of "treatment" specified activities. This bill would exclude from that definition of "treatment" the compaction of hazardous waste under specified conditions, including, among others, requiring that the waste being compacted is not a free liquid, as defined, is not a solid that meets the ignitability or reactivity characteristic, as described, does not alter the physical, chemical, or biological character or composition of the waste, other than physical changes inherent to compaction, and does not result in fugitive dust, fire, or explosion. Existing law designates certain generators of hazardous waste as a very small quantity generator if they generate less than certain amounts, based on type, of hazardous waste per calendar month established in a specified federal regulation. This bill would delete the reference to that federal regulation and instead designate as very small quantity generators those that generate less than certain amounts established in a state regulation with identical thresholds as the federal regulation for the generation of acute and nonacute hazardous waste, except as provided. This bill would also make other changes related to hazardous waste and nonsubstantive changes. To the extent this bill changes the conduct that constitutes the crime of violating the hazardous waste control laws, the bill would impose a state-mandated local program. (2) Existing law establishes the Board of Environmental Safety in the Department of Toxic Substances Control with specified duties. Existing law requires the board to annually prepare and transmit to the Secretary for Environmental Protection an annual review of the department's performance as compared to its objectives, including, but not limited to, the performance of the Director of Toxic Substances Control. This bill would require the board to post that review on its internet website. The bill would authorize the review to include, to the extent feasible using existing resources, other reviews, recommendations, and findings related to the department's performance, as specified. (3) The Aboveground Petroleum Storage Act (the act) generally regulates aboveground storage tanks that contain petroleum and that meet certain requirements. The act requires its provisions to be implemented by a unified program agency, as provided, and requires the Office of the State Fire Marshal to adopt regulations implementing these provisions. A knowing violation of specified provisions of the act after reasonable notice of the violation is a crime. The act specifically excludes from the definition of an "aboveground storage tank" for purposes of the act oil-filled electrical equipment if the oil-filled electrical equipment meets specified conditions. The act further excludes from that definition a tank in an underground area that has the capacity to store less than 55 gallons of petroleum, has secondary containment, and is inspected monthly, if a specified condition is met. For purposes of the act, a "tank in an underground area" means a stationary storage tank that meets specified criteria and, among other things, the structure in which the storage tank is located, at a minimum, provides for secondary containment, as provided. For purposes of this definition, a shop-fabricated double-walled storage tank with a mechanical or electronic device used to detect leaks in the interstitial space meets the requirement for secondary containment of the contents of the tank. This bill would revise the exemption for oil-filled electrical equipment by clarifying that it applies if the single piece of equipment meets those conditions. The bill would revise the exemption for a tank in an underground area that has the capacity to store less than 55 gallons of petroleum by requiring the tank to have secondary containment of the contents of the tank, associated piping, and ancillary equipment, until cleanup occurs, and if the tank, piping, and ancillary equipment are inspected monthly. To the extent that the revisions to these exemptions would impose a higher level of service on local agencies, the bill would impose a state-mandated local program. The act further requires each owner or operator of a tank facility to immediately, upon discovery, notify the Office of Emergency Services and the unified program agency of the occurrence of a spill or other release of petroleum, as specified, that is required to be reported pursuant to specified water control laws imposing water discharge notice requirements. Existing water control laws exempt a discharge in compliance with waste discharge requirements or other water control laws from that notification requirement. This bill would instead make that notification requirement applicable to a discharge of any petroleum into or upon any waters of the state. The bill would make the exemption pursuant to the water control laws applicable to that notification requirement. By expanding the scope of a crime, the bill would impose a state-mandated local program. This bill would also make clarifying changes to the act. (4) Existing law provides for the regulation of underground storage tanks by the State Water Resources Control Board and the unified program agency. Existing law defines an "underground storage tank" for these purposes. Existing law requires the interstitial space of the underground storage tank to be maintained under constant vacuum or pressure such that a breach in the primary or secondary containment is detected before the liquid or vapor phase of the hazardous substance stored in the underground storage tank is released into the environment. This bill would make that requirement applicable to the interstitial space of the underground storage tank that is buried. Existing law requires a local agency to inspect every underground tank system within its jurisdiction at least once every year. Existing law requires a local agency to prepare a compliance report detailing the inspection and to send a copy of this report to the permitholder and the owner or operator, if the owner or operator is not the permitholder. Existing law requires, within 60 days after receiving a compliance report or special inspection report, the permitholder to file with the local agency a plan to implement all recommendations contained in the compliance report or to demonstrate, to the satisfaction of the local agency, why these recommendations should not be implemented. This bill would instead require the permitholder to return to compliance within 30 days after receiving a compliance report or special inspection report and would eliminate the option to file a plan to implement all recommendations. The bill would authorize the local agency to approve a plan to return to compliance in excess of 30 days, as long as the plan to return to compliance is received by the local agency within 30 calendar days of the permitholder receiving the compliance report or special inspection report. (5) Existing law requires a business to establish and implement a business plan for emergency response to a release or threatened release of a hazardous material in accordance with prescribed standards if the business meets specified conditions at any unified program facility, including, among other conditions, if the business handles a hazardous material or a mixture containing a hazardous material that has a quantity at any one time during the reporting year that is equal to, or greater than, 55 gallons for materials that are liquids, 500 pounds for solids, or 200 cubic feet for compressed gas. This bill would provide that the above provision does not apply to specified gasses, including oxygen, nitrogen, or nitrous oxide, as provided. (6) 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 specified reasons.
Existing law designates the Department of Food and Agriculture as the lead department in noxious weed management and requires the department, in cooperation with the Secretary of the Natural Resources Agency, to implement provisions relating to noxious weed management. Existing law creates the Noxious Weed Management Account and requires moneys appropriated from the account for expenditure by the Secretary of Food and Agriculture to be allocated, by percentage, for specified purposes, including, among others, 60% to eligible weed management areas or county agricultural commissioners for the control and abatement of noxious and invasive weeds, and 20% to qualified applicants, as defined, for research on the biology, ecology, or management of noxious and invasive weeds, the mapping, risk assessment, and prioritization of weeds, the prevention of weed introduction and spread, and education and outreach activities, as specified. Existing law requires a weed management area, as defined, to be formed in a county or other geographic area as a condition of eligibility for funds from the Noxious Weed Management Account. Existing law requires each weed management area or county agricultural commissioner to submit an integrated weed management plan to the department for review, approval, and funding. Existing law prohibits more than 10% of the noxious weed management funds distributed to a weed management area from being used for meeting, travel, administration, and coordination costs. This bill would make the 60% of the moneys in the Noxious Weed Management Account allocated for the control and abatement of noxious and invasive weeds only available to eligible weed management areas, as provided. The bill would revise the requirements for an integrated weed management plan submitted by a weed management area to include specific goals and purposes, as provided. The bill would revise the definition of "qualified applicant" for purposes of the 20% of the moneys in the account allocated for research and other purposes. The bill would specify that a given geographic area may only be part of a single weed management area and would prohibit more than 25%, rather than 10%, of the noxious weed management funds distributed to a weed management area from being used for meeting, travel, administration, and coordination costs. Existing law, until July 1, 2028, establishes in the department a Broomrape Program. Existing law establishes the Broomrape Board within the department to advise the secretary and make recommendations on all matters relating to broomrape, as specified. Existing law requires the board to recommend specified actions to the secretary, including, among other things, conducting research related to broomrape, surveying, detecting, analyzing, and treating causes of broomrape, and establishing an annual assessment rate or schedule of rates to be paid equally by producers and handlers of tomatoes. Existing law, for purposes of the program, defines "person" as a producer, handler, or any other entity that holds title to tomatoes subject to assessment pursuant to these provisions. Existing law creates the Broomrape Management Account, a continuously appropriated account, in the Department of Food and Agriculture Fund and specifies the funds to be deposited into the account. Existing law provides that a violation of the Food and Agricultural Code is a misdemeanor, unless a different penalty is expressly provided. This bill would instead define "person" for purposes of the program as a producer, handler, or any other entity that holds title to a commodity subject to assessment pursuant to these provisions, and would define "commodity" for these purposes as tomatoes intended for processing and any other commodity impacted by broomrape, as specified by the secretary, and would make conforming changes. The bill would extend the operation of the Broomrape Program by 2 years until July 1, 2030. By extending the secretary's authority to expend moneys in a continuously appropriated account, the bill would make an appropriation. By extending the operation of crimes within the program, the bill would impose a state-mandated local program. Existing constitutional provisions require that a statute that limits the right of access to the meetings of public bodies or the writings of public officials and agencies be adopted with findings demonstrating the interest protected by the limitation and the need for protecting that interest. This bill would make legislative findings to that effect. 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.
