Environment

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, the Sustainable Groundwater Management Act, requires all groundwater basins designated as high- or medium-priority basins by the Department of Water Resources to be managed under a groundwater sustainability plan or coordinated groundwater plans, except as specified. Existing law requires a groundwater sustainability plan to include various information relating to subsidence, as applicable. This bill would exempt from the requirements of CEQA a groundwater recharge project if the Secretary of the Natural Resources Agency determines the project would address subsidence. Because a lead agency would be required to determine whether a project qualifies for this exemption, the bill would impose a state-mandated local program. The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. This bill would provide that no reimbursement is required by this act for a specified reason.

Existing law vests the Public Utilities Commission with regulatory authority over public utilities, including electrical corporations. Under existing law, the commission administers, or otherwise oversees, various public purpose programs, including energy efficiency and conservation programs, cost-effective energy efficiency programs, the Family Electric Rate Assistance program, the California Alternate Rates for Energy program, rate assistance programs for eligible food banks, and home insulation financial assistance programs. Under existing law, those programs are generally funded through a charge on electrical service, which is collected through customer rates. This bill would require the commission, no later than 180 days after filing, to consider and approve an electrical or gas corporation's application to discontinue administration of an energy efficiency program or an energy efficiency portfolio because the program is not cost effective, not reliable, or, in the case of an electrical corporation, because the program is not being used to meet unmet resource needs in its integrated resources planning framework, as provided. Because a violation of a commission order implementing this provision 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.

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 certain projects from its requirements and authorizes a lead agency, if it determines a certain project is exempt from CEQA, to file a notice of exemption, as provided. This bill would exempt from CEQA the closure of a railroad grade crossing by order of the Public Utilities Commission if the commission finds the crossing to present a threat to public safety. The bill would provide that the exemption is inapplicable to any crossing for high-speed rail or any crossing for a project carried out by the High-Speed Rail Authority. The bill would require the lead agency to file the notice of exemption with specified public entities, as provided. Because the bill would impose additional duties on a lead agency with regard to the filing of the notice of exemption, 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. This bill would declare that it is to take effect immediately as an urgency statute.

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, until January 1, 2033, exempts from its requirements certain actions for affordable housing projects that meet specified requirements, including confirmation by a public agency that, among other things, the project site satisfies specified requirements and a vacant project site does not contain tribal cultural resources that could be affected by the development that were found pursuant to a consultation and the effects of which cannot be mitigated, as provided. This bill would extend the operation of the above-described exemption to January 1, 2037, and would expand the exemption to also include a public university or public college housing project, as defined, that meets specified requirements. Because the bill would extend the operation of the exemption and would increase duties on a lead agency related to the expansion of this exemption, the bill would impose a state-mandated local program. The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. This bill would provide that no reimbursement is required by this act for a specified reason.

Existing law, the Uniform Controlled Substances Act, authorizes the forfeiture and seizure of property involved in, or purchased with the proceeds from, a controlled substance offense. Existing law authorizes a police or sheriff's department, the Department of Justice, or the Department of the California Highway Patrol to, with an order from the court, destroy controlled substances, instruments, or paraphernalia, as specified. This bill would require the Department of Justice, upon an appropriation by the Legislature, and in consultation with the Department of Toxic Substances Control and other relevant state and local agencies, to develop and publish guidance, on the Department of Justice's internet website, for proper management and disposal of controlled substances in the possession of law enforcement, as specified.

(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.

Existing law prohibits a person, a state or local governmental agency, or a public utility from substantially diverting or obstructing the natural flow of, or substantially changing or using any material from the bed, channel, or bank of, any river, stream, or lake, or depositing or disposing of debris, waste, or other material containing crumbled, flaked, or ground pavement where it may pass into any river, stream, or lake, unless prescribed requirements are met, including written notification to the Department of Fish and Wildlife regarding the activity. Existing law requires the department to determine whether the activity may substantially adversely affect an existing fish and wildlife resource and, if so, to provide a draft lake or streambed alteration agreement to the person, agency, or utility. Existing law prescribes various requirements for lake and streambed alteration agreements. Existing law also establishes various exemptions from these provisions. This bill would, until January 1, 2027, exempt from these provisions, subject to certain requirements, projects to repair or reconstruct a bridge 30 feet long or less or a culvert 70 feet long or less within the County of Sutter that has been damaged or destroyed as a result of fire, flood, storm, earthquake, land subsidence, gradual earth movement, or landslide, between January 1, 2022, and December 31, 2024, inclusive, except as specified. This bill would make legislative findings and declarations as to the necessity of a special statute for the County of Sutter.

Existing law imposes various limitations on emissions of air contaminants for the control of air pollution from vehicular and nonvehicular sources. Existing law generally designates air pollution control and air quality management districts with the primary responsibility for the control of air pollution from all sources other than vehicular sources. Existing law requires the State Air Resources Board to identify toxic air contaminants that are emitted into the ambient air of the state and to establish airborne toxic control measures to reduce emissions of toxic air contaminants from nonvehicular sources. This bill would require an air district without a specified rule on emergency backup generators, as defined, as of January 1, 2026, that adopts such a rule to include in the rule provisions that allow the operator of a critical facility, as defined, to use a permitted emergency backup generator in exceedance of the applicable runtime and testing and maintenance limits if specified conditions are met. The bill would require a critical facility allowed to exceed applicable limits under a rule adopted pursuant to that provision to attest to and provide evidence of having taken demonstrable steps toward implementing the use of backup power technologies that meet or exceed emission standards set by the state board. By adding to the duties of air districts, the bill would impose a state-mandated local program. The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. This bill would provide that no reimbursement is required by this act for a specified reason.

Existing law establishes 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 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 extend the above exemption from vehicles that were manufactured prior to the 1976 model year, to any motor vehicle that is 30 or more model years old.

Existing law, the Mello-Roos Community Facilities Act of 1982, authorizes the legislative body of a local agency, as defined, to create a community facilities district to finance specified types of services within an area. Existing law prohibits a territory that is dedicated or restricted to agricultural, open-space, or conservation uses from being included within or annexed to a specified community facilities district without the landowner's consent. This bill would, notwithstanding those prohibitions, specify that for territory that is located within the regional shoreline of the County of San Mateo, the consent of a landowner is not required, if specified conditions are met. This bill would make legislative findings and declarations as to the necessity of a special statute for the County of San Mateo.