(1) Existing law requires certain transportation planning agencies to prepare and adopt regional transportation plans directed at achieving a coordinated and balanced regional transportation system. Existing law requires a regional transportation plan to include a policy element, a sustainable communities strategy prepared by a metropolitan planning organization, an action element, and a financial element, as provided. Existing law requires those transportation planning agencies to adopt and submit every 4 years, except as provided, an updated regional transportation plan to the California Transportation Commission and the Department of Transportation. Existing law requires a sustainable communities strategy to achieve regional targets set by the State Air Resources Board for the reduction of greenhouse gas emissions from the automobile and light truck sector in the region for 2020 and 2035, respectively, and requires the state board to update those targets every 8 years, consistent with each metropolitan planning organization's timeframe for updating its regional transportation plan, as specified. Existing law establishes certain procedural requirements for setting and updating those targets and authorizes the state board to revise the targets every 4 years based on changes in specified factors. Existing law, to the extent the sustainable communities strategy is unable to achieve the greenhouse gas emission reduction targets, requires a metropolitan planning organization to prepare an alternative planning strategy to the sustainable communities strategy showing how the targets would be achieved through alternative development patterns, infrastructure, or additional transportation measures or policies. Existing law requires the state board to review each metropolitan planning organization's sustainable communities strategy and alternative planning strategy to determine whether the strategy, if implemented, would achieve the greenhouse gas emission reduction targets. This bill would revise and recast the requirements for a sustainable communities strategy, including, among other things, (A) requiring a sustainable communities strategy every 8 years with a progress report after 4 years instead of requiring a sustainable communities strategy every 4 years, (B) requiring the state board to provide each region with greenhouse gas emission reduction targets for 2035 and 2045, and (C) requiring the state board to hold technical workshops before providing those targets. The bill would also revise the state board's process for reviewing sustainable communities strategies and alternative planning strategies, as specified. Because the bill would expand duties of local agencies, it would impose a state-mandated local program. (2) Existing law requires, commencing January 1, 2020, the San Diego Association of Governments to begin developing an implementation report that tracks the implementation of its most recently adopted sustainable communities strategy, as provided. Existing law requires the Sacramento Area Council of Governments to report on the regional implementation of its most recently adopted sustainable communities strategy, as provided. This bill would repeal those provisions. (3) Existing law requires the Department of Transportation to prepare the California Transportation Plan for submission to the Governor and the Legislature as a long-range planning document that incorporates various elements and is consistent with specified expressions of legislative intent. Existing law requires the plan to identify the statewide integrated multimodal transportation system needed to achieve statewide greenhouse gas emission reduction targets and to attain state and national air quality standards. This bill would also require the plan to, among other things, incorporate performance measures into planning that informs delivery of transportation capital projects to help achieve the goals of the plan. The bill would, commencing with the 3rd update to the plan, revise the information that the department is required to include in the plan to include, among others, relevant performance measures within each district of the department. (4) Existing law requires certain funds appropriated by the Legislature from the Public Transportation Account to be made available for specified purposes, including, among other purposes, for the department's planning activities, mass transportation responsibilities, and assistance in regional transportation planning, as specified. This bill, for any activities within the region of a metropolitan planning organization, would require the department to limit funding to activities that are consistent with an applicable sustainable communities strategy or alternative planning strategy, as specified. (5) Existing law creates the Road Maintenance and Rehabilitation Program to address deferred maintenance on the state highway system and the local street and road system. Existing law provides for the deposit of various moneys for the program into the Road Maintenance and Rehabilitation Account. Existing law requires funds in the account to be allocated for various purposes, including, among others, $25,000,000, upon appropriation by the Legislature, for local planning grants to encourage local and regional planning that furthers state goals, as provided. Existing law requires the department to develop a grant guide for the allocation of these grants. This bill, for areas within a metropolitan planning organization, would require the grant guide to encourage planning that furthers the goals of a sustainable communities strategy or alternative planning strategy. (6) Existing law requires the commission, under a program commonly known as the Trade Corridor Enhancement Program, to allocate certain state and federal funds to infrastructure projects located on or along specified transportation corridors. Existing law establishes the Solutions for Congested Corridors Program and requires the commission to allocate state funds made available to the program to projects designed to achieve a balanced set of transportation, environmental, and community access improvements within highly congested travel corridors throughout the state. Under both programs, existing law requires projects within the boundaries of a metropolitan planning organization to be included in an adopted regional transportation plan that includes a sustainable communities strategy determined by the state board to achieve the region's greenhouse gas emission reduction targets. For purposes of those programs, this bill would instead require, if the metropolitan planning organization has adopted an alternative planning strategy, the projects to meet prescribed requirements, including that the predominant purpose of the project is to implement a specific greenhouse gas emission reduction strategy or addresses an impediment to achieving an applicable greenhouse gas emission reduction target identified in the alternative planning strategy. (7) Existing law requires funding to be available under the Solutions for Congested Corridors Program for projects that make specific performance improvements and are part of a comprehensive corridor plan designed to reduce congestion in highly traveled corridors. Existing law authorizes the department and certain regional transportation planning agencies to nominate projects for funding through the program. This bill would require funding to be available under the program for projects that, among other things, make specific performance improvements and support the implementation of a regional transportation plan. The bill would revise the requirements applicable to a project nomination under the program. The bill would require the commission to allocate program funds to projects that, among other things, are included in an adopted regional transportation plan, as specified. (8) 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 generally designates the State Air Resources Board as the state agency with the primary responsibility for the control of vehicular air pollution. Existing law requires the state board to develop and implement a Heavy-Duty Vehicle Inspection and Maintenance Program for nongasoline heavy-duty onroad motor vehicles with a gross vehicle weight rating of more than 14,000 pounds. Existing law requires that the program include, among other things, test procedures for different motor vehicle model years and emissions control technologies that measure the effectiveness of the control of emissions of oxides of nitrogen and particulate matter. Existing law requires, as part of the program, the state board to develop a Heavy-Duty Vehicle Inspection and Maintenance Compliance Certificate. Existing law requires the state board to issue the certificate to the legal owner, registered owner, or designee of a vehicle that, at the discretion of the state board, meets the requirements of the program so that vehicle owners and operators may easily demonstrate proof of compliance for specified purposes. This bill would limit specified testing of all nongasoline heavy-duty onroad motor vehicles with a gross vehicle weight rating of more than 14,000 pounds that are considered low use, as defined, that have an engine that is from the 2012 model year or older, and that are registered in this state, to not more frequently than annually. The bill would require the state board to adopt rules and regulations to implement this provision.
(1) Existing law requires the Public Utilities Commission (PUC) , in consultation with the State Energy Resources Conservation and Development Commission (Energy Commission) , to provide transmission-focused guidance to the Independent System Operator (ISO) about resource portfolios of expected future renewable energy resources and zero-carbon resources, including the allocation of those resources by region based on technical feasibility and commercial interest in each region to allow the ISO to identify and approve transmission facilities needed to interconnect resources and reliably serve the needs of load centers, as specified. On December 23, 2022, the PUC, the Energy Commission, and the ISO entered into a memorandum of understanding related to resource and transmission planning, transmission development and permitting, procurement, and interconnections to achieve reliability and policy needs and to coordinate the timely development of resources, resource interconnections, and needed transmission infrastructure. Existing law requires the Energy Commission and the PUC, in coordination with the ISO, every 5 years, to review the memorandum of understanding and a related workplan to ensure the memorandum and workplan reflect the coordination that is needed to help meet the state's energy goals. This bill would require those entities, on or before January 1, 2028, to update the memorandum and workplan to, among other things, ensure that the memorandum and workplan reflect the requirements of Federal Energy Regulatory Commission Order 1920, as applicable. (2) Existing law vests the PUC with regulatory authority over public utilities, including electrical corporations. Existing law requires the PUC to identify a diverse and balanced portfolio of resources needed to ensure a reliable electricity supply that provides optimal integration of renewable energy and resource diversity in a cost-effective manner, as specified. This bill would require that the portfolio provide optimal integration in a cost-effective and risk-prudent manner, as specified. (3) Existing law requires that the above-described transmission-focused guidance provided to the ISO provide projections each year to support planning and approvals by the ISO in its annual transmission planning process, including projections of resource portfolios and electricity demand by region for at least 15 years into the future, as specified. Existing law expresses the state policy that planning for new transmission facilities include consideration of the goal of increasing systemwide reliability and cost efficiency, among other state policy goals. This bill would require that the transmission-focused guidance takes into account uncertainty and optionality, is risk prudent, and supports compliance with Federal Energy Regulatory Commission orders, as specified. The bill would remove the requirement that the projections be provided annually and would require the projections of resource portfolios and electricity demand by region to be for at least 20, rather than 15, years into the future. The bill would add to those state policy goals reducing resource interconnection timelines and supporting achievement of the state's energy, climate change, and air quality goals. (4) This bill would incorporate additional changes to Section 454.57 of the Public Utilities Code proposed by AB 2369 to be operative only if this bill and AB 2369 are enacted and this bill is enacted last. (5) Under existing law, a violation of the Public Utilities Act or any order, decision, rule, direction, demand, or requirement of the PUC is a crime. Because certain provisions of this bill would be a part of the act and because a violation of a PUC action implementing its requirements would be a crime, the bill would impose a state-mandated local program by creating a new crime. 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 requires the State Air Resources Board to prepare a statewide strategy to reduce emissions of toxic air contaminants and criteria air pollutants in communities affected by a high cumulative exposure burden that includes an assessment and identification of those communities. Existing law requires the statewide strategy to be updated at least once every 5 years. Existing law requires the state board, based on the assessment and identification, to select locations around the state for preparation of community emissions reduction programs. Existing law requires the assessment and identification to prioritize disadvantaged communities, as defined. Existing law requires the regional air quality management district or the regional air pollution control district encompassing the location selected by the state board, within one year of selection, to adopt a community emissions reduction program to achieve emissions reductions for the location selected using cost-effective measures, as provided. Existing law requires the state board to provide grants to community-based organizations for technical assistance and to support community participation in the implementation of the statewide strategy. Under this existing regulatory authority, the state board provides grants to development and implement local community emissions reduction plans. This bill would revise the definition of "disadvantaged community" to include a disadvantaged unincorporated community. By expanding the definition of "disadvantaged community," the bill would expand the duties of districts in the preparation of community emissions reduction programs, thereby imposing a state-mandated local program. The bill would require the local community emissions reduction plans to be submitted to the state board for review and approval and would require the state board or the relevant air district to enforce those plans, as provided. The bill would specify that a steering committee formed by an air district to assist it in the development and implementation of a community emissions reduction program remains active until the emissions objectives identified in the program are achieved as determined by the air district or 2 3 "?> a majority of the members of the committee vote to disband the committee. The bill would require members of the steering committee to meet certain requirements. The bill would specify eligible uses for the grants provided. This bill would require the state board, on or before June 30, 2027, and annually thereafter, to report to the appropriate subcommittees of the budget committee of the Legislature about the progress the state board has made to implement the statewide strategy and the community emissions reduction programs, as provided. The bill would require the Secretary for Environmental Protection to periodically convene representatives of agencies and departments within the California Environmental Protection Agency with jurisdiction over pollution sources included in a community emissions reduction program to ensure coordination among those agencies and departments to address concerns raised about those pollution sources. 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.
Existing law establishes the State Water Resources Control Board in the California Environmental Protection Agency (CalEPA) and the California regional water quality control boards which prescribe waste discharge requirements in accordance with the Federal Water Pollution Control Act and the Porter-Cologne Water Quality Control Act. Existing law, the Petroleum Industry Information Reporting Act of 1980, requires refiners, as defined, to report monthly to the State Energy Resources Conservation and Development Commission (Energy Commission) , for each of their refineries, specified information, and requires that any confidential information pertinent to the responsibilities of the Energy Commission, as provided, which is obtained by another state agency be available to the Energy Commission and be treated in a confidential manner. This bill would require, no later than December 31, 2028, every refiner, as defined for purposes of the bill, to submit to CalEPA a retirement plan setting forth information concerning decommissioning and site remediation for every refinery it owns, operates, or controls, as provided. The bill would require the CalEPA, no later than 6 months following the submission of the retirement plan, to review the retirement plan for completeness and reasonableness and to make a determination as to whether the retirement plan complies with the requirements imposed by the bill. The bill would require CalEPA, if it determines that the retirement plan complies with the bill's requirements, to make the retirement plan available on CalEPA's internet website for public comments for not less than 45 days. The bill would authorize CalEPA to require further revisions to the retirement plan after the public comment period, as provided, before it is deemed final. The bill would require CalEPA, after CalEPA has determined that no further revisions are necessary, to promptly post the final retirement plan on its internet website. This bill would require a refiner who, on or after January 1, 2026, gives notice of intent to permanently shut down, shut down to reconfigure, or sell a refinery in a transaction that may result in a refinery shutting down or reconfiguring, as provided, to submit either the required retirement plan, or, if a final retirement plan has been released, an update of the retirement plan within a specified timeframe, as provided. The bill would require, on or before December 31, 2027, CalEPA to publicly provide an overview of the methods, costs, and timelines associated with soil and groundwater remediation that have been employed at refineries that have undergone decommissioning and remediation and to update the overview, as provided. This bill would make information filed pursuant to the above-described provisions confidential information, as provided. The bill would require a refiner to file the final retirement plan concurrently with the Energy Commission and the Division of Occupational Safety and Health. The bill would authorize CalEPA, the Energy Commission, and the Division of Occupational Safety and Health to share the information with the Legislature, any governmental agency, or a local government, including an air pollution control district or an air quality management district, only if the Legislature, the governmental agency, or the local government that receives the information agrees to maintain the confidentiality of the information. The bill would further require any information that is, or may be, accessible by the public, as provided, by CalEPA, the Department of Toxic Substances Control, a certified unified program agency, or a local government, to be made publicly available even if that information is also contained in the retirement plan. This bill would require, on or before December 31, 2027, CalEPA, in coordination with the Energy Commission, to compile a survey of existing local, state, and federal statutory and regulatory requirements applicable to refiners concerning decommissioning, closure, financial assurance, and site remediation obligations, as provided, for a specified purpose. This bill would require CalEPA, no later than one year after the retirement plans are deemed final, to publish publicly on CalEPA's internet website a report assessing the total decommissioning and remediation liabilities for refineries in the state, and identify opportunities for greater transparency prior to the closure notice, 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 establishes within the California Environmental Protection Agency the State Air Resources Board. Existing law provides for the establishment of air pollution control districts and air quality management districts. Existing law generally vests regulatory jurisdiction over stationary sources of air pollution in the air pollution control districts and air quality management districts and regulatory jurisdiction over mobile sources of air pollution in the State Air Resources Board. This bill, contingent upon an appropriation by the Legislature in the annual Budget Act or another act for its purposes, would create the Office of Civil Rights within the state board. The bill would set forth the responsibilities of the office, including providing training on civil rights obligations to board staff, grantees, contractors, and subrecipients. The bill would require the state board to post on its internet website an annual summary of information regarding the office, including a summary of civil rights complaints received by the office and a description of compliance and enforcement efforts by the office relating to civil rights.
Existing law generally designates the State Air Resources Board as the state agency with the primary responsibility for the control of vehicular air pollution, and designates air pollution control districts 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 board to inventory sources of air pollution within the air basins of the state, determine the kinds and quantity of air pollutants, and monitor air pollutants in cooperation with districts and other agencies. Existing law requires the state board to adopt standards of ambient air quality for each air basin in consideration of the public health, safety, and welfare, including, but not limited to, health, illness, irritation to the senses, aesthetic value, interference with visibility, and effects on the economy. Existing law authorizes these standards to vary from one air basin to another. This bill would require the state board, in consultation with specified entities, to develop, as provided, a response framework that establishes best practices and guidance for addressing fugitive and natural sources of hydrogen sulfide gas and for community preparation and response to hydrogen sulfide exposure events originating from these sources. The bill would require the state board, in developing the response framework, to conduct at least 3 public workshops, including at least one located in the Tijuana River Valley region, at least one located in the Salton Sea region, and at least one selected in consultation with a community that has experienced significant hydrogen sulfide exposure. The bill would require the Office of Environmental Health Hazard Assessment to update the acute and chronic reference exposure levels for hydrogen sulfide and to develop additional health guidance values for hydrogen sulfide, if the need is identified by the state board, in consultation with the office, during development of the response framework.
Existing law authorizes the Department of Toxic Substances Control (DTSC) , in consultation with the Department of Resources Recycling and Recovery, the State Water Resources Control Board, and affected local air quality management districts, to adopt regulations to establish management standards for metal shredding facilities for hazardous waste management activities within the DTSC's jurisdiction, as provided. Existing law provides that treated metal shredder waste that is managed in accordance with those regulations is deemed to be solid waste, and not hazardous waste, as provided. This bill would repeal those provisions. The bill would establish a comprehensive scheme for the regulation of metal shredding facilities that would be administered by the DTSC pursuant to authority separate from laws governing the control of hazardous waste. The bill would prohibit an owner or operator from operating a metal shredding facility, as defined, in the state unless they have a permit from the DTSC or are deemed to have a permit. The bill would prescribe the requirements for obtaining a permit, for being deemed to have a permit, for operating a metal shredding facility, and for transporting certain materials related to metal shredding, as specified. The bill would require, before a decision is made to approve or deny a permit application, the DTSC to hold a public meeting, as provided. The bill would require the DTSC to take final action on a permit application by an existing facility within 3 years, as provided. The bill would require the DTSC to post on its internet website general information about each metal shredding facility that has applied for or obtained a permit, and to conduct at least one site visit to the applicant's facility after receipt of the permit application. The bill would provide that certain materials related to metal shredding are not hazardous waste if they meet specified requirements. The bill would require any report required to be submitted by a metal shredding facility pursuant to a permit issued to be signed by the owner or operator and certified under penalty of law, including criminal penalties, as specified. The bill would require the DTSC to have primary responsibility for enforcing these provisions, would require the DTSC to conduct an annual compliance evaluation inspection of each metal shredding facility, and would authorize the DTSC to refer violations to a district attorney or the Attorney General for prosecution. The bill would also require the DTSC to inform the local health officer and the director of environmental health of a county, city, or district within 15 days after the DTSC becomes aware of any unlawful disposal of materials, as provided, and of any enforcement action against a metal shredding facility as a result of that unlawful disposal. Because the bill would expand the scope of a crime, the bill would impose a state-mandated local program. The bill would require an owner or operator of a metal shredding facility to report to the DTSC certain emergency situations, as specified. The bill would require an owner or operator of a metal shredding facility to submit to the DTSC a closure plan and a cost estimate for closing the metal shredding facility, as specified. The bill would also require the owner or operator of a metal shredding facility to provide written notice to the DTSC at least 60 days before transferring ownership or operation of the facility. The bill would authorize the DTSC to enforce these provisions by revoking permits and by other specified means. The bill would authorize the DTSC to adopt regulations for the operation of metal shredding facilities as necessary to implement the requirements of the bill. The bill would require the DTSC to post information provided by owners and operators regarding a metal shredding facility on the DTSC's internet website in a manner that is readily accessible to the public, except as otherwise required pursuant to existing law. Existing law authorizes the DTSC to collect an annual fee from all metal shredding facilities subject to the requirements of hazardous waste control laws or the DTSC's management standards for metal shredding facilities, as provided. Existing law requires the DTSC to adopt regulations necessary to administer the fee and authorizes the DTSC to adopt those regulations using emergency procedures, as provided. Existing law requires the Controller to establish a separate subaccount in the Hazardous Waste Control Account and for all fees collected to be placed into that subaccount, to be available for expenditure by the DTSC upon appropriation by the Legislature. This bill would make the requirement to collect an annual fee inoperative on July 1, 2027, and would repeal it as of January 1, 2028. This bill would instead require the DTSC to impose an annual fee on all metal shredding facilities subject to the provisions of the bill, as specified. The bill would require, beginning in the 2027–28 fiscal year, the rates established by the DTSC to be reviewed and increased or decreased annually, as provided. The bill would require the DTSC to adopt regulations necessary to administer the fee and would authorize the DTSC to adopt the regulations using emergency procedures, as specified. The bill would require a person who applies for a metal shredding facility permit to enter into a written agreement with the DTSC pursuant to which that person would be required to reimburse the DTSC for the direct costs reasonably incurred by the DTSC in processing the application, as provided. The bill would require the Controller to establish a new and separate Metal Shredding Facility Subaccount to be administered by the Director of Toxic Substances Control and would require all fees collected to be placed into that subaccount and made available for expenditure by the DTSC solely for the purpose of implementation and administration of these provisions, upon appropriation by the Legislature. Existing law establishes the Board of Environmental Safety in the Department of Toxic Substances Control with specified duties. This bill would require, on or before July 1, 2030, the Board of Environmental Safety, at a specially scheduled public meeting, to hear from the DTSC and receive input from the public, metal shredding facilities, and other stakeholders about the implementation of the bill, as provided. The bill would require the fees established pursuant to the bill to be sufficient to cover the reasonable costs incurred by the Board of Environmental Safety in administering and implementing its duties and responsibilities established by the bill. Existing law requires the DTSC to require metal shredding facilities to monitor hazardous waste constituents requested by the DTSC and to report the results of that monitoring to the DTSC. Existing law also requires the DTSC to collect and analyze light fibrous material at the fence lines to determine the potential for release of hazardous waste. Existing law requires, on or before July 1, 2027, the DTSC to develop a procedure for community notification of the public for the area in which the metal shredding facility is located if that monitoring indicates any release of light fibrous material. In addition, existing law requires, on or before January 1, 2027, an air pollution control district or an air quality management district the jurisdiction of which includes metal shredding facilities, in consultation with the DTSC and the Office of Environmental Health Hazard Assessment (OEHHA) , to develop requirements for facilitywide fence-line air quality monitoring at metal shredding facilities. Existing law authorizes any reasonable regulatory costs incurred by the DTSC in implementing, and requires that the OEHHA's costs to implement, the above-described duties be reimbursed from a subaccount established in the Hazardous Waste Control Account for the deposit of fees from metal shredding facilities. This bill would limit the scope of those provisions to metal shredding facilities that are subject to the other provisions of the bill and would provide for the reimbursement of those costs from the Metal Shredding Facility Subaccount. Existing law establishes in the General Fund the Toxic Substances Control Account for specified purposes, including the removal or remediation of toxic substances. This bill would require the DTSC to deposit all penalties collected pursuant to the provisions of the bill into the Toxic Substances Control Account. 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.
Existing law generally designates the State Air Resources Board as the state agency with the primary responsibility for the control of vehicular air pollution, and air pollution control districts 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 board to inventory sources of air pollution within the air basins of the state, determine the kinds and quantity of air pollutants, and monitor air pollutants in cooperation with districts and other agencies. This bill would require the state board to expand its incident air monitoring program, subject to an appropriation by the Legislature for those purposes, to provide support for a regional network of air quality incident response centers operated by air districts, including at least one located in the South Coast Air Quality Management District, in order to facilitate emergency air monitoring response at the local and regional level. Prior to the state board establishing an air quality incident response center within an air district, the bill would require the state board to coordinate and develop operational plans for the air quality incident response centers with the relevant air districts. The bill would provide that funding made available to the state board for purposes of these provisions may be used for various purposes, including program funding to plan, create, equip, and maintain air quality incident response centers. To the extent that the bill would expand the duties of an air district, 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, 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, the California Emergency Services Act, sets forth the emergency powers of the Governor under its provisions and empowers the Governor to proclaim a state of emergency for certain conditions, including fire, flood, and severe energy shortage. Existing law requires the State Air Resources Board to adopt cost-effective and technologically feasible regulations to prohibit engine exhaust and evaporative emissions from new small off-road engines produced on or after a specified date. This bill would exempt from those regulations and other regulations adopted by the state board the sale and purchase of portable or emergency backup generators during the period of time for which the Governor has proclaimed a state of emergency based on an emergency resulting in a loss of electrical service to any part of the state. (2) Existing state sales and use tax laws impose a tax on retailers measured by the gross receipts from the sale of tangible personal property sold at retail in this state or on the storage, use, or other consumption in this state of tangible personal property purchased from a retailer for storage, use, or other consumption in this state. The Sales and Use Tax Law provides various exemptions from those taxes. This bill would, on and after January 1, 2027, and before January 1, 2032, provide an exemption from the taxes imposed by the Sales and Use Tax Law for the gross receipts of a qualified backup electricity generator, as defined, during the month of May, as specified. The bill would restrict the exemption to apply only to those generators with a cost not exceeding $7,000 and purchased for noncommercial purposes. The Bradley-Burns Uniform Local Sales and Use Tax Law authorizes counties and cities to impose local sales and use taxes in conformity with the Sales and Use Tax Law, and existing laws authorize districts, as specified, to impose transactions and use taxes in accordance with the Transactions and Use Tax Law, which generally conforms to the Sales and Use Tax Law. Amendments to the Sales and Use Tax Law are automatically incorporated into the local tax laws. This bill would provide that the exemption created by the bill does not apply to local sales and use taxes or transactions and use taxes. Existing law imposes or dedicates certain state sales and use tax rates for local funding, including through the Local Revenue Fund 2011. This bill would provide that the exemption created by the bill does not apply to those state sales and use tax rates imposed or dedicated for local government funding, including those rates for which revenues are deposited into the Local Revenue Fund 2011. Existing law requires any bill authorizing a new tax expenditure to contain, among other things, specific goals the tax expenditure will achieve, detailed performance indicators, and data collection requirements. This bill would include additional information required for any bill authorizing a new tax expenditure.
