Existing law requires each utility, on and after January 1, 2017, to, upon the request and authorization of the owner, owner's agent, or operator of a covered building, as defined, deliver or otherwise provide aggregated energy usage data for a covered building to the owner, owner's agent, or building operator, or to the owner's account in the ENERGY STAR Portfolio Manager, as specified. This bill would authorize a utility to satisfy that requirement by delivering or otherwise providing aggregated energy usage data to the owner's account in any alternative system or tool approved by the State Energy Resources Conservation and Development Commission.
Existing law prohibits requiring a person desiring to use an electric vehicle charging station that requires payment of a fee from paying a subscription fee in order to use the station, or requiring the person to obtain membership in any club, association, or organization as a condition of using the station. Existing law authorizes an electric vehicle charging station to offer services on a subscription- or membership-only basis, if the station provides nonsubscribers or nonmembers the ability to use the station through a contactless payment method that accepts major credit and debit cards, as specified, and either an automated toll-free telephone number or a short message system (SMS) that provides the electric vehicle charging customer with the option to initiate a charging session and submit payment. Existing law requires a direct current fast charging station that is first installed or made publicly available on or after July 10, 2023, to also include Plug and Charge payment capabilities, as specified. Existing law authorizes the State Energy Resources Conservation and Development Commission to add to or subtract from these payment methods by regulation that is effective no earlier than January 1, 2028, as provided. This bill would create an exception to the above-described provisions to authorize an electric vehicle charging station to require that payment for charging services be made through the use of an internet-based application if the charging station is on the premises of an arena that has a seating capacity of at least 15,000 seats and can only be accessed through the use of that internet-based application. This bill would incorporate additional changes to Section 44268.2 of the Health and Safety Code proposed by AB 1423 to be operative only if this bill and AB 1423 are enacted and this bill is enacted last.
(1) The California Integrated Waste Management Act of 1989 generally regulates solid waste disposal, management, and recycling. The act requires each city, county, and regional agency to develop a source reduction and recycling element of an integrated waste management plan. The act requires that element to include a 50% solid waste diversion requirement, as specified, and provides that up to 10% may be achieved through biomass conversion under certain conditions, with biomass conversion defined as the production of heat, fuels, or electricity by certain means from specified materials. One of the conditions for using biomass conversion to satisfy a portion of the solid waste diversion requirement is that pyrolysis not be included in the source reduction and recycling element. Pyrolysis is not defined for that purpose or for other purposes in the act. This bill would define pyrolysis for purposes of the act as the thermal decomposition of material at elevated temperatures in the absence or near absence of oxygen. (2) Existing law requires the Department of Resources Recycling and Recovery, in consultation with the State Air Resources Board, to adopt regulations, as specified, to achieve specified reductions in the organic waste disposed of in landfills. The department's regulations provide for, among other things, the calculation by the department of recovered organic waste product procurement targets for each local jurisdiction and a list of eligible recovered organic waste products for purposes of the procurement targets. This bill would require the department, no later than January 1, 2027, to amend those regulations to include, as a recovered organic waste product attributable to a local jurisdiction's procurement target, pipeline biomethane converted exclusively from organic waste, as specified. This bill would incorporate additional changes to Section 42652.5 of the Public Resources Code proposed by AB 786 to be operative only if this bill and AB 786 are enacted and this bill is enacted last.
Existing law requires the Department of Resources Recycling and Recovery to adopt and revise regulations setting forth minimum standards for composting, in accordance with law. Existing regulations require all compostable materials handling activities to obtain a permit prior to commencing operations and to comply with specified requirements. Existing regulations specify 4 regulatory tiers for composting operations, with different requirements for each tier. The 4 tiers are excluded, enforcement agency notification, registration permit, and full solid waste facility permit. In the excluded tier, existing regulations specify the "excluded activities" that do not constitute compostable material handing operations or facilities and, therefore, are not subject to permit requirements or other regulatory requirements. One of the excluded activities is the composting of green material, agricultural material, food material, and vegetative food material, alone or in combination, if the total amount of feedstock and compost onsite at any one time does not exceed 100 cubic yards and 750 square feet. This bill would expand this excluded activity exemption for composting activities by eliminating the maximum square-foot condition and authorizing a total amount of feedstock and compost onsite at any one time of up to 200 cubic yards, or 500 cubic yards for a composting activity owned by a public agency, as defined. The bill would also authorize the Department of Resources Recycling and Recovery to further increase those amounts by regulation. The bill would also make the composting of agricultural materials and residues that are from a large-scale biomass management event at an agricultural facility that does not otherwise operate as a solid waste facility an excluded activity, as specified. Existing regulations prohibit a composting operation from giving away or selling more than 1,000 cubic yards of compost product annually if it is in the excluded tier or if it is an agricultural material composting operation in the enforcement agency notification tier, its feedstock is both green material and agricultural material, and the operation is located on land zoned for agricultural uses. This bill would authorize composting activities to give away or sell up to 5,000 cubic yards of compost product annually. The bill would authorize the Department of Resources Recycling and Recovery to increase, by regulation, that amount when the composting is of agricultural materials and residues that are from a large-scale biomass management event at an agricultural facility.
The California Beverage Container Recycling and Litter Reduction Act, a violation of which is a crime, requires a distributor of beverage containers, as defined, to pay to the Department of Resources Recycling and Recovery a monthly redemption payment for every beverage container sold or transferred, as provided. The act requires the department to deposit those amounts into the California Beverage Container Recycling Fund. The fund is continuously appropriated to, among other things, pay refund values and administrative fees to processors that receive empty beverage containers from recyclers. The act authorizes, until January 1, 2028, the department to pay a market development payment to a glass beverage container manufacturer who purchases recycled glass collected within this state for use in manufacturing new beverage containers in this state, as provided. The act requires the department to set the market development payment at an amount not to exceed $50 per ton. The act continuously appropriates $60,000,000 annually from the fund to the department to the make market development payments. This bill would authorize the department to set the market development payment at different levels, but would prohibit that payment from exceeding $150 per ton. The bill would, on and after January 1, 2028, and until January 1, 2030, authorize the department to expend $20,000,000 annually from the fund, upon appropriation by the Legislature, for glass market development payments.
Existing law prohibits a dead animal hauler or any other person from transporting a dead animal to any place, other than to certain specified facilities or destinations, unless a certain waiver is granted by the State Veterinarian, as specified. Existing law requires the Department of Resources Recycling and Recovery to adopt and revise minimum standards for solid waste handling, transfer, composting, transformation, and disposal, as prescribed. Pursuant to this authority, the department has adopted a regulation that prohibits the composting of unprocessed mammalian tissue except when received from certain sources. This bill would, notwithstanding those prohibitions, authorize any part of a livestock carcass resulting from a routine livestock mortality event or on-farm processing to be composted if certain requirements are met, including, among others, that the composting is conducted in accordance with best management practices for livestock composting adopted by the Secretary of Food and Agriculture, as specified.
Existing law establishes the Ocean Protection Council in state government to, among other things, establish policies to coordinate the collection, evaluation, and sharing of scientific data related to coastal and ocean resources among agencies. Existing law requires the council to develop and implement a voluntary sustainable seafood promotion program for the state, to consist of specified components, including a competitive grant and loan program for eligible entities, including, but not limited to, fishery groups and associations, for the purpose of assisting California fisheries in qualifying for certification to internationally accepted standards for sustainable seafood. This bill would, subject to the availability of funding, require the council to participate, as a stakeholder and in an advisory capacity, in the Protecting Blue Whales and Blue Skies Program with air pollution control districts and air quality management districts along the coast and other stakeholders to support, in an advisory capacity, coastal air districts in their efforts to implement a statewide voluntary vessel speed reduction and sustainable shipping program for the California coast in order to reduce air pollution, the risk of fatal vessel strikes on whales, and harmful underwater acoustic impacts. The bill would authorize the expansion of the existing Protecting Blue Whales and Blue Skies Program to include specified components, including incentives to program participants based on a percentage of distance traveled by a participating vessel at a reduced speed, as provided. The bill would limit application of the program to vessels that are 300 gross tons or greater. The bill would require the participating air pollution control districts and air quality management districts, on or before December 31, 2029, to submit a report to the Legislature regarding the implementation of the program.
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. This bill would require, on and after January 1, 2027, for a project, located in a geographic area for which the Governor declared a state of emergency on or after January 1, 2023, that is to maintain, repair, restore, demolish, or replace property or facilities damaged or destroyed by wildfire, and the project is not otherwise exempt from CEQA, as specified, the lead agency to prepare the record of proceeding concurrently with the administrative process. The bill would also require an action or proceeding brought to attack, review, set aside, void, or annul the certification of an environmental impact report, or the adoption of a negative declaration or mitigated negative declaration, for the project to be resolved, to the extent feasible, within 270 calendar days of the filing of the certified record of proceedings. The bill would require an applicant to agree to pay the costs of the trial court and court of appeal in hearing and deciding any action or proceeding brought under these provisions, as provided. The bill would require the Judicial Council to adopt rules of court to implement these requirements. The bill would require the project to be consistent with the applicable zoning and land use ordinances. By requiring a lead agency to prepare the record of proceedings concurrently with the administrative process, 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 no reimbursement is required by this act for a specified reason.
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 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 the extent feasible and cost effective, to apply standard specifications that allow for the use of recycled materials in streets and highways, except as provided. Existing law requires, until January 1, 2027, those standard specifications to allow recycled materials at or above the level allowed in the Department of Transportation's standard specifications that went into effect on October 22, 2018, for specified materials. This bill would indefinitely require a local agency's standard specifications to allow recycled materials at a level no less than the level allowed in the department's specifications for those specified materials. If a local agency's standard specifications do not allow for the use of recycled materials at a level that is equal to or greater than the level allowed in the department's standard specifications on the basis that the use of those recycled materials at those levels is not feasible, the bill would authorize a person bidding on a contract to supply materials subject to those specifications to request the local agency to provide the reason for that determination upon request and would require the local agency to respond to that request, as specified. By increasing the duties of local agencies, the bill would impose a state-mandated local program. Existing law requires the Department of Transportation and a local agency that has jurisdiction over a street or highway, to the extent feasible and cost effective, to use advanced technologies and material recycling techniques that reduce the cost of maintaining and rehabilitating streets and highways and that exhibit reduced levels of greenhouse gas emissions through material choice and construction method. This bill would eliminate this requirement. 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.
(1) Existing law prohibits a conservation bank, mitigation bank, or conservation and mitigation bank from being operative, vested, or final unless the Department of Fish and Wildlife has approved the bank in writing and, if applicable, a conservation easement has been recorded on the site. Existing law requires a person interested in establishing any bank with the department to submit a bank prospectus to the department, as specified, and if the department determines the bank prospectus is acceptable, allows the person to submit a bank agreement package that, among other things, is required to contain estimates of financial assurances and proposed forms of security, as specified. This bill would authorize surety bonds to be proposed forms of security for the above purposes. (2) Existing law requires all funds derived from the sale of state duck hunting validations and state duck stamps, and related items, to be deposited into the State Duck Stamp Account in the Fish and Game Preservation Fund, as provided. Existing law requires the funds in the account to be used for projects or endowments approved by the Fish and Game Commission for the purpose of protecting, preserving, restoring, enhancing, and developing migratory waterfowl breeding and wintering habitat, evaluating habitat projects, and conducting waterfowl resource assessments and other waterfowl-related research. Existing law authorizes the Department of Fish and Wildlife to enter into contracts or grant funds for fish and wildlife habitat preservation, restoration, and enhancement with public and private entities whenever the department finds that the contract will assist in meeting the department's duty to preserve, protect, and restore fish and wildlife. This bill would require that the department be subject to the above-described provisions in making grants or entering into agreements pursuant to the State Duck Stamp Account, as provided. (3) Existing law, the Water Conservation District Law of 1931, authorizes a water conservation district to be organized and established by a county board of supervisors, with specified powers and purposes. The law permits a water conservation district to levy groundwater charges and requires a district to annually make an engineering investigation and report on groundwater conditions of the district that includes, among other things, an estimate of the annual overdraft for the current water year and for the ensuing water year. Existing law defines "water year" for purposes of these provisions to mean July 1 of one calendar year to June 30 of the following calendar year. This bill would redefine "water year" to mean the period beginning October 1 of one calendar year and ending September 30 of the following calendar year for purposes of the above-described provisions. (4) Existing law authorizes the Department of Parks and Recreation to enter into contracts with natural persons, corporations, partnerships, and associations for the construction, maintenance, and operation of concessions within units of the state park system. Existing law requires all contracts authorizing occupancy of any portion of the state park system for a period of more than 3 years to be awarded to the best responsible bidder. Existing law requires public notice to be given to bidders of all proposed contracts authorizing the occupancy of property in the state park system for a period of more than 2 years, as specified, including requiring the department to publish an advertisement for bid at least once per week for 2 consecutive weeks in a newspaper of general circulation in the county in which the concession is to operate and in a major daily newspaper in the closest metropolitan area. This bill would instead require public notice to bidders to be given of all proposed contracts authorizing the occupancy of property in the state park system for a period of more than 3 years, as specified. The bill would delete the requirement that the department publish an advertisement in a newspaper, as described above. Existing law requires a concession contract to contain certain provisions, including the provision that every concessionaire submit to the department all sales and use tax returns and, at the request of the department, provide an annual financial statement prepared or audited by a certified public accountant. This bill would instead require every concessionaire to submit to the department an annual financial statement prepared or audited by a certified public accountant. (5) This bill would make corresponding changes and changes to update obsolete place names and would make other nonsubstantive changes, including by repealing obsolete laws.
