(1) The California Environmental Quality Act (CEQA) requires a lead agency, as defined, to prepare, or cause to be prepared, and certify the completion of an environmental impact report (EIR) 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, the Climate Corporate Data Accountability Act, requires, on or before July 1, 2025, the State Air Resources Board to develop and adopt regulations to require a reporting entity, defined to mean a corporation, partnership, limited liability company, or other business entity with total annual revenues in excess of $1 billion, as specified, to annually disclose to the emissions reporting organization, as defined, or the state board all of the reporting entity's scope 1 emissions, scope 2 emissions, and scope 3 emissions, as defined. Existing law requires the state board to adopt regulations that authorize it to seek administrative penalties for nonfiling, late filing, or other failure to meet the requirements of the act, as provided. This bill would exempt those regulations from CEQA. Existing law requires, on or before January 1, 2026, and biennially thereafter, a covered entity, defined to mean a corporation, partnership, limited liability company, or other business entity with total annual revenues in excess of $500,000,000, as specified, to prepare a climate-related financial risk report, as specified, and to make this report available to the public on its own internet website. Existing law requires the state board to adopt regulations that authorize it to seek administrative penalties from a covered entity that fails to make the report publicly available on its internet website or publishes an inadequate or insufficient report. This bill would exempt those regulations from CEQA. (2) This bill would appropriate from the Greenhouse Gas Reduction Fund $1,000 to the State Air Resources Board for purposes of implementing the above-described provisions relating to climate corporate accountability and climate-related financial risk, as provided. (3) This bill would declare that it is to take effect immediately as a bill providing for appropriations related to the Budget Bill.
Existing law, the California Endangered Species Act, prohibits the taking of an endangered or threatened species, except in certain situations, including, if specified conditions are met, under a permit issued by the Department of Fish and Wildlife commonly known as an incidental take permit. Existing law also enumerates fully protected species and prohibits the take of fully protected species, except under limited circumstances. This bill would permit the department to authorize, under the California Endangered Species Act, the incidental take of specified fully protected species resulting from impacts attributable to a specified project on State Route 37, if certain conditions are met, including, among others, the conditions required for the issuance of an incidental take permit.
The California Environmental Quality Act (CEQA) requires a lead agency, as defined, to prepare, or cause to be prepared, and certify the completion of an environmental impact report on a project that it proposes to carry out or approve that may have a significant effect on the environment or to adopt a negative declaration if it finds that the project will not have that effect. CEQA also requires a lead agency to prepare a mitigated negative declaration for a project that may have a significant effect on the environment if revisions in the project would avoid or mitigate that effect and there is no substantial evidence that the project, as revised, would have a significant effect on the environment. CEQA exempts from its requirements various projects, including, but not limited to, housing projects that meet certain requirements and activities and approvals related to certain prison facilities. This bill would exempt from the requirements of CEQA any activity or approval necessary for the completion of the Gypsum Canyon Veterans Cemetery in the County of Orange if specified conditions are met. To the extent that a local agency would be required to determine whether an activity or approval qualifies for this exemption, the bill would impose a state-mandated local program. The bill would repeal this provision on January 1, 2030. This bill would make legislative findings and declarations as to the necessity of a special statute for the Gypsum Canyon Veterans Cemetery in the County of Orange. The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. This bill would provide that no reimbursement is required by this act for a specified reason. This bill would declare that it is to take effect immediately as an urgency statute.
The California Land Reuse and Revitalization Act of 2004 provides, among other things, that an innocent landowner, bona fide purchaser, or contiguous property owner, as defined, qualifies for immunity from liability from certain state statutory and common laws for pollution conditions caused by a release or threatened release of a hazardous material if specified conditions are met, including entering into an agreement for a specified site assessment and response plan. The act prohibits the Department of Toxic Substances Control, the State Water Resources Control Board, and a California regional water quality control board from requiring one of those persons to take a response action under certain state laws, except as specified. Existing law repeals the act on January 1, 2027. Existing law provides that a person who qualifies for immunity under the act before January 1, 2027, shall continue to have that immunity on and after January 1, 2027, if the person continues to be in compliance with the requirements of the former act. This bill would extend the repeal date of the act to January 1, 2037, and would provide that a person who qualifies for immunity under the act before January 1, 2037, shall continue to have that immunity on and after January 1, 2037, if the person continues to be in compliance with the requirements of the former act.
(1) The Lempert-Keene-Seastrand Oil Spill Prevention and Response Act generally requires the administrator for oil spill response, acting at the direction of the Governor, to implement activities relating to oil spill response, including emergency drills and preparedness, and oil spill containment and cleanup, and to represent the state in any coordinated response efforts with the federal government. Existing law requires the Governor to establish a California oil spill contingency plan that provides for an integrated and effective state procedure to combat the results of major oil spills within the state and that specifies state agencies to implement the plan. Existing law requires the administrator to adopt and implement regulations governing the adequacy of oil spill contingency plans to be prepared and implemented and requires the regulations to provide for the best achievable protection of coastal and marine waters. Existing law requires these regulations to permit the development, application, and use of an oil spill contingency plan for similar vessels, pipelines, terminals, and facilities within a single company or organization, and across companies and organizations. Existing law requires these regulations to ensure, among other things, standards for determining a reasonable worst case oil spill. Under the act, the owner or operator of a facility where a spill could impact waters of the state is required apply for and obtain a certificate of financial responsibility issued by the administrator for the facility or the oil to be handled, stored, or transported by the facility. This bill would require the administrator to publicly post a list of all applications for certificates of financial responsibility submitted by facility owners and operators on the internet website of the Office of Spill Prevention and Response and would require the posting to include specified information about applicants, including reasonable worst case spill volume of the facility to be covered by the certificate and the amount of financial responsibility demonstrated, as provided. This bill would, commencing January 15, 2027, and at least once every 10 years thereafter, require the administrator to solicit public input regarding both (A) the appropriateness of the reasonable worst case spill volumes for facilities and (B) the appropriateness of the financial responsibility requirements for facilities. The bill would require the supervisor, based on this feedback, to review and, as appropriate, revise the criteria and formulas for (A) calculating reasonable worst case spill volume and (B) calculating the financial assurances and setting the maximum amount of a certificate of financial responsibility necessary to respond to an oil spill, as provided. (2) The Elder California Pipeline Safety Act of 1981 requires the State Fire Marshal to administer provisions regulating the inspection of intrastate pipelines used for the transportation of hazardous liquid. A violation of the act is a crime. This bill would prohibit the restarting of an existing oil pipeline that is 6 inches or larger that has been idle, inactive, or out of service for 5 years or more without passing a spike hydrostatic testing program that meets the requirements established by the State Fire Marshal, as provided. By expanding the scope of a crime, the bill would impose a state-mandated local program. The bill would require these tests to be performed by a qualified testing company, as provided. The bill would require the Office of the State Fire Marshal to promulgate regulations as necessary to implement these provisions. The bill would require the State Fire Marshal to post on its public internet website information fully characterizing the parameters and results of each hydrostatic spike test performed, subject to any information deemed confidential and proprietary, no less than 30 calendar days after each hydrostatic spike test is conducted. (3) Existing law authorizes the State Air Resources Board (state board) to adopt and implement motor vehicle fuel specifications for the control of air contaminants and sources of air pollution. Existing law requires the state board to establish, by regulation, maximum standards for the volatility of gasoline, as provided. Pursuant to these authorizations, the state board has adopted the California Reformulated Gasoline regulations establishing California-specific gasoline specifications for various regions of the state at specified time periods. Existing regulations also prohibit a person from selling, offering for sale, supplying, offering for supply, or transporting California gasoline that exceeds the applicable cap limit for Reid vapor pressure within each of specified air basins during various defined regulatory periods throughout the year. This bill would require the Governor to suspend those regulatory control periods on which gasoline exceeding the Reid vapor pressure may be sold or supplied for use in the state, if the Governor, in consultation with the state board and the State Energy Resources Conservation and Development Commission, determines the average retail gasoline price increased substantially or is projected to increase substantially within any 30-day period and a suspension is necessary to protect consumers in the state from extraordinary gasoline price increases and determines, in the Governor's discretion, that suspension is prudent and unlikely to yield unintended consequences. The bill would require the Governor, in considering whether to suspend the regulatory control periods, to consider the air quality effects and options to mitigate those effects, if necessary and subject to available resources. (4) Existing law requires the State Energy Resources Conservation and Development Commission (energy commission) , on or before January 1, 2024, and every 3 years thereafter, to submit an assessment to the Governor and the Legislature that, among other things, identifies methods to ensure a reliable supply of affordable and safe transportation fuels in California and evaluates the price of transportation fuels, including branded and unbranded retail prices, alternate formulations of gasoline with lower carbon impact, and other products suitable for production from refineries in California, as provided. This bill would require the next version of the above-described transportation fuels assessment to evaluate the cost and supply impacts of allowing the sale of gasoline with alternative specifications from the state board's gasoline specifications, as provided. The bill would require the energy commission to recommend a strategy to facilitate the sale of gasoline with those alternative specifications that, at a minimum, considers a trigger mechanism for when the gasoline with those alternative specifications may be sold, the existing variance process, and the use of a fee associated with the sale of the gasoline with those alternative specifications, as provided. The bill would additionally require the next version of this assessment to evaluate the development of westwide gasoline specification that could be used in a western region to include California and areas outside of California as an alternative to the California-specific specification in order to stabilize the petroleum market and petroleum prices in the western region, as provided. The bill would additionally require the energy commission, on or before March 31, 2026, to submit an assessment to the Governor and the Legislature that evaluates recommendations and strategies identified by the vice chair of the energy commission in a specified letter, and offers recommendations to the Legislature on potential changes to working group authorities or structures to support the state's reliable, equitable, safe, and affordable transition away from petroleum fuels. (5) The California Environmental Quality Act (CEQA) requires a lead agency, as defined, to prepare, or cause to be prepared, and certify the completion of an environmental impact report on a project that it proposes to carry out or approve that may have a significant effect on the environment or to adopt a negative declaration if it finds that the project will not have that effect. CEQA also requires a lead agency to prepare a mitigated negative declaration for a project that may have a significant effect on the environment if revisions in the project would avoid or mitigate that effect and there is no substantial evidence that the project, as revised, would have a significant effect on the environment. CEQA prohibits a lead agency or a responsible agency from requiring the preparation of a subsequent or supplemental EIR unless one or more of 3 specified events occurs. 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 oil and gas wells in the state and the operation, maintenance, and removal or abandonment of tanks and facilities related to oil and gas production within an oil and gas field so as to prevent damage to life, health, property, and natural resources. Existing law requires the 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. Existing law prohibits the division from approving any notice of intention within a health protection zone, defined as the area within 3,200 feet of certain residential, educational, health care, detention, or business facilities, except approvals necessary for specified purposes. Existing law requires oil or gas production facilities or wells with a wellhead within a health protection zone to comply with specified health, safety, and environmental requirements, as provided. This bill would, among other things, deem a specified County of Kern environmental impact report sufficient for full compliance with the requirements of CEQA for purposes of consideration and adoption of amended revisions to a specified County of Kern zoning ordinance, and would establish that this determination of full compliance shall be final and conclusive for purposes of reliance on that environmental impact report by any responsible agency, as provided. The bill would establish that projects that satisfy the requirements of that zoning ordinance and that are approved by the County of Kern under that ordinance are deemed sufficient for full compliance with CEQA and no further environmental review shall be required pursuant to CEQA. This bill would prospectively apply these provisions concerning CEQA compliance to any approvals by the County of Kern with respect to the permitting of oil and gas production operations under any adopted local ordinance and associated development. The bill would also apply these provisions prospectively and retroactively to any pending causes of action and claims for which no final nonappealable judgment has been entered, as provided. The bill would prohibit the granting of approvals by the County of Kern or the Geologic Energy Management Division in reliance on that environmental impact report for any operation located in a health protection zone, regardless of whether the above-described prohibitions on health protection zones are enforceable. The bill would require the division to be the lead agency for projects in Kern County that include approval of a notice of intention to drill or rework an oil or gas well within 3,200 feet of specified types of buildings, to the extent such projects may be authorized by law. The bill would prohibit the division from approving more than 2,000 notices of intention to drill new wells in reliance on that environmental impact report as a responsible agency, unless the State Energy Resources Conservation and Development Commission makes a formal finding that additional permit issuance is necessary for in-state crude oil production to supply 25% of in-state refinery feedstock demand, and that such production would likely help reduce costs for retail consumers of gasoline in the state. The bill would repeal all of the above-described provisions concerning CEQA in the County of Kern on January 1, 2036. To the extent a lead agency would be required to determine the applicability of some of the above-described exemptions and determinations of full compliance with CEQA, the bill would impose a state-mandated local program. (6) The California Coastal Act of 1976 requires a person wishing to perform or undertake any development in the coastal zone to obtain a coastal development permit. The act encourages coastal-dependent industrial facilities to locate or expand within existing sites and requires that facilities be permitted reasonable long-term growth, as provided. The act specifies that new or expanded oil and gas development is not to be considered a coastal-dependent industrial facility and is to be permitted only if it is consistent with the act and meets certain requirements, including a requirement that oil produced offshore is to be transported onshore by pipeline using the best achievable technology, as defined, and onshore transport of the oil to processing and refining facilities by pipeline. The act applies the pipeline requirements on new or expanded oil extraction operations, and defines terms for these purposes, including the term "expanded oil extraction." The act authorizes the transport of the oil by other modes of transportation if certain conditions are met. This bill would require the onshore transportation of the oil to processing and refining facilities to use the best available technology, as provided. The bill would repeal authorization for the use of alternative modes of transportation. The bill would revise the definition of "expanded oil extraction" to include reactivation of a facility idled, inactive, or out of service for more than 5 years, or an increase in oil extraction from the use of hydraulic fracturing, extended reach drilling, acidization, or other unconventional technologies. The act authorizes the repair and maintenance of an existing oil and gas facility to be permitted as a coastal-dependent industrial facility if certain requirements are met. The bill would require a person to obtain a new coastal development permit for the repair, reactivation, and maintenance of an oil and gas facility, including an oil pipeline, that has been idled, inactive, or out of service for 5 years or more. Because the bill would impose additional duties on a local government with a certified local coastal program in processing and reviewing an application for a coastal development permit, this bill would impose a state-mandated local program. (7) 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. (8) This bill would make legislative findings and declarations as to the necessity of a special statute for the County of Kern. (9) 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 with regard to certain mandates no reimbursement is required by this act for a specified reason. With regard to any other mandates, this bill would provide that, if the Commission on State Mandates determines that the bill contains costs so mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above.
(1) The California Environmental Quality Act (CEQA) requires a lead agency, as defined, to prepare, or cause to be prepared, and certify the completion of an environmental impact report (EIR) 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, the Climate Corporate Data Accountability Act, requires, on or before July 1, 2025, the State Air Resources Board to develop and adopt regulations to require a reporting entity, defined to mean a corporation, partnership, limited liability company, or other business entity with total annual revenues in excess of $1 billion, as specified, to annually disclose to the emissions reporting organization, as defined, or the state board all of the reporting entity's scope 1 emissions, scope 2 emissions, and scope 3 emissions, as defined. Existing law requires the state board to adopt regulations that authorize it to seek administrative penalties for nonfiling, late filing, or other failure to meet the requirements of the act, as provided. This bill would exempt those regulations from CEQA. Existing law requires, on or before January 1, 2026, and biennially thereafter, a covered entity, defined to mean a corporation, partnership, limited liability company, or other business entity with total annual revenues in excess of $500,000,000, as specified, to prepare a climate-related financial risk report, as specified, and to make this report available to the public on its own internet website. Existing law requires the state board to adopt regulations that authorize it to seek administrative penalties from a covered entity that fails to make the report publicly available on its internet website or publishes an inadequate or insufficient report. This bill would exempt those regulations from CEQA. (2) This bill would appropriate from the Greenhouse Gas Reduction Fund $1,000 to the State Air Resources Board for purposes of implementing the above-described provisions relating to climate corporate accountability and climate-related financial risk, as provided. (3) This bill would declare that it is to take effect immediately as a bill providing for appropriations related to the Budget Bill.
(1) The California Integrated Waste Management Act of 1989, which is administered by the Department of Resources Recycling and Recovery, establishes an integrated waste management program. The act requires each state agency to divert at least 50% of all solid waste through source reduction, recycling, and composting activities. "State agency" is defined, for purposes of these requirements, to include the California Community Colleges. The act requires each state agency to develop and adopt an integrated waste management plan to reduce solid waste, reuse materials whenever possible, recycle recyclable materials, and procure products with recycled content in all state agency offices and facilities, including any leased locations, as provided. The act requires each state agency to submit an annual report to the department summarizing its progress in reducing solid waste by at least 50%, as provided. This bill would require a state agency to include in its integrated waste management plan descriptions of actions to be taken to source reduce certain materials, as specified. The bill would require, on or before July 15, 2027, each state agency to submit an adopted integrated waste management plan to the department for review and approval, and would, on or before January 1, 2028, require the department to complete its review of the plans, as specified. The bill would require a state agency's annual report to include summaries of the state agency's compliance with the requirement to reduce solid waste by 50% and the requirements relating to the adoption of an integrated waste management plan. By imposing new duties on community colleges, the bill would impose a state-mandated local program. This bill would require the department to provide advice to help state agencies and facilities reduce solid waste by at least 50%. The bill would, on or before January 1, 2027, require the department to publish on its internet website a list of products available for purchase by state agencies that would reduce the overall amount of plastic or paper waste generated. (2) Existing law requires plastic beverage containers sold by a beverage manufacturer, as specified, to contain a specified average percentage of postconsumer recycled plastic. Between January 1, 2025, and December 31, 2029, inclusive, existing law requires that percentage to be no less than 25% postconsumer recycled plastic per year, and on and after January 1, 2030, no less than 50% postconsumer recycled plastic per year. This bill would require, on and after January 1, 2026, reportable purchases by state agencies of plastic beverage containers to be of plastic beverage containers with no less than those above-referenced percentages of postconsumer recycled plastic per year. (3) The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. This bill would provide that, 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 establishes a motor vehicle inspection and maintenance (smog check) program that is administered by the Department of Consumer Affairs. The smog check program requires inspection of motor vehicles upon initial registration, biennially upon renewal of registration, upon transfer of ownership, and in certain other circumstances. Existing law exempts specified vehicles from being inspected biennially upon renewal of registration, including, among others, all motor vehicles manufactured prior to the 1976 model year. Existing law also exempts from specified portions of the smog test, both biennially and at transfer, a collector motor vehicle that is insured as a collector motor vehicle, is at least 35 model years old, complies with the exhaust emissions standards for that motor vehicle's class and model year as prescribed by the department, and that passes a functional inspection of the fuel cap and a visual inspection for liquid fuel leaks. This bill would, commencing on January 1, 2027, additionally fully exempt from the smog check requirements, both biennially and at transfer, a motor vehicle that was manufactured prior to the 1981 model year, has been assigned a special identification plate indicating that it is a historical vehicle, and is insured as a collector motor vehicle, as specified. The bill, beginning January 1, 2028, would expand this exemption by one model year, every year, for 5 years. The bill would be known, and may be cited as, Leno's Law.
The California Global Warming Solutions Act of 2006 establishes the State Air Resources Board as the state agency responsible for monitoring and regulating sources emitting greenhouse gases. The act authorizes the state board to include the use of market-based compliance mechanisms in regulating those emissions. The implementing regulations adopted by the state board provide for the direct allocation of greenhouse gas allowances to electrical corporations pursuant to a market-based compliance mechanism. Existing law vests the Public Utilities Commission (PUC) with regulatory authority over public utilities, including electrical corporations. Existing law requires the PUC to continue a program of assistance to low-income electric and gas customers with annual household incomes that are no greater than 200% of the federal poverty guidelines, as specified, which is referred to as the California Alternate Rates for Energy (CARE) program. Existing law also requires the PUC to continue a program of assistance to residential customers of the state's 3 largest electrical corporations consisting of households of 3 or more persons with total household annual gross income levels between 200% and 250% of the federal poverty guideline level, which is referred to as the Family Electric Rate Assistance (FERA) program. Existing law, except as provided, requires revenues received by an electrical corporation as a result of the direct allocation of greenhouse gas allowances to be credited directly to residential, small business, and emissions-intensive trade-exposed retail customers of the electrical corporation, commonly known as the California Climate Credit. This bill would exclude residential customers from receiving the California Climate Credit if they are not enrolled in the CARE or FERA program and their total electricity bills for the previous year were less than $300. Under existing law, a violation of the Public Utilities Act, or of an order, decision, rule, direction, demand, or requirement of the commission, is a crime. Because the provisions of this bill would be part of the Public Utilities Act, and a violation of a commission action implementing its 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.
(1) Existing law requires facilities that generate, treat, or store hazardous waste to obtain a permit or other authorization from the Department of Toxic Substances Control or a unified program agency. Existing law specifies that a hazardous waste facilities permit or other grant of authorization is not required for the treatment of laboratory hazardous waste generated onsite if, among other things, the laboratory hazardous waste is treated in containers using specified procedures and quantities for treatment of laboratory waste, as provided. This bill would specify the priority of those specified procedures. If those specified procedures do not exist, the bill would authorize the use of the manufacturer's written procedures if they are not in conflict with applicable rules or regulations. Existing law requires generators of hazardous waste to provide various notifications and certifications regarding compliance to the department, and to other specified entities, in person, or by certified mail, as provided. This bill would additionally authorize those notifications and certifications to be made into the statewide information management system. (2) Existing law provides for the regulation of underground storage tanks by the State Water Resources Control Board and defines "underground storage tank" for those purposes. Existing law excludes certain tanks from the definition of "underground storage tank," including, but not limited to, a tank holding hydraulic fluid for a closed loop mechanical system that uses compressed air or hydraulic fluid to operate lifts, elevators, and other similar devices. This bill would instead exclude from that definition a tank holding hydraulic fluid or dielectric fluid for a closed loop mechanical system that uses compressed air, hydraulic fluid, or dielectric fluid to operate lifts, to operate elevators, to act as an electric cooling or insulation system, and other similar devices.
