The Western Joshua Tree Conservation Act prohibits any person or public agency from importing into the state, exporting out of the state, or taking, possessing, purchasing, or selling within the state, a western Joshua tree or any part or product of the tree, except as specified. The act authorizes the Department of Fish and Wildlife to permit the taking of a western Joshua tree if specified conditions are met, including, but not limited to, that the permittee mitigates all impacts to, and taking of, the western Joshua tree through measures that are roughly proportional in extent to the authorized taking of the western Joshua tree. The act authorizes, in lieu of completing the mitigation measures, a permittee to elect to satisfy the mitigation obligation by paying fees pursuant to a specified fee schedule, as provided. The act authorizes the department to permit the removal or trimming of a dead western Joshua tree or trimming of a live western Joshua tree, without payment of fees or other mitigation, provided that the dead western Joshua tree or any limb to be removed satisfies a specified condition. The act requires a property owner seeking a permit to submit a permit request to the department with specified information, including a signed attestation or certification, as provided. This bill would alternatively allow the agent of a property owner to submit the permit request and to satisfy other related requirements imposed on a property owner. The bill would delete the requirement for the permit request to include a signed attestation or certification. The act authorizes the department to enter into memoranda of understanding with California Native American tribes to provide for the taking and possession of western Joshua trees for tribal cultural purposes. This bill would instead authorize the memoranda to include the taking, possession, purchase, or sale of western Joshua trees for tribal cultural purposes.
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 allows an individual taxpayer to contribute amounts in excess of their personal income tax liability for the support of specified funds and accounts, including, among others, to the Native California Wildlife Rehabilitation Voluntary Tax Contribution Fund. This bill would, for taxable years beginning on or after January 1, 2026, and before January 1, 2033, allow an individual to designate on their tax return that a specified amount in excess of their tax liability be transferred to the continuously appropriated California Sea Otter Voluntary Tax Contribution Fund, which would be created by this bill. The bill would require the Franchise Tax Board to revise the tax return form to include a space for the designation of contributions to the fund. By establishing a new continuously appropriated fund, this bill would make an appropriation. The bill would also require the fund to appear on the personal income tax return for taxable years beginning on or after January 1, 2026, and before January 1, 2033. The bill would require that the above provisions remain operative only until December 1, 2033, and be repealed as of that date. However, the bill would provide for an earlier repeal if the Franchise Tax Board determines that the amount of contributions estimated to be received during the 2nd and later calendar years after its first appearance on a return will not at least equal the minimum contribution amount, in which case these provisions would be repealed on December 1 of that year. The bill would require, notwithstanding the repeal of the bill's provisions, that any contribution amounts designated prior to the repeal of the bill's provisions be transferred and disbursed in accordance with those provisions, as specified.
Existing law defines "disadvantaged communities" and requires the California Environmental Protection Agency to identify disadvantaged communities for investment opportunities from the Greenhouse Gas Reduction Fund and for other purposes. This bill would require the agency to do specified things regarding farmworker communities for purposes of identifying disadvantaged communities including, among other things, assessing whether designating farmworker communities as disadvantaged communities would increase those communities' access to investment opportunities and identifying potential barriers faced by low-income farmworker communities in accessing investment opportunities, as specified. The bill would require the agency to make its findings publicly available on its internet website and consider those findings when identifying disadvantaged communities. The bill would require the agency and the Office of Environmental Health Hazard Assessment to develop and implement a strategy for engaging with farmworker communities on environmental, health, and socioeconomic burdens, as provided.
Existing regulations require each public agency that is responsible for household hazardous waste management to complete and submit a "Form 303 Household Hazardous Waste Collection Report" (Form 303) electronically to the Department of Resources Recycling and Recovery each year. Existing regulations require the reporting timeframe to be July 1 of the previous fiscal year through June 30 of that fiscal year, with the information required to be submitted to the state by October 1 of the following fiscal year. Existing law requires a public agency, or its contractor, operating a household hazardous waste collection facility to, on or before October 1 of each year, submit a copy of the completed Form 303 to the officer or agency authorized to implement and enforce specified hazardous materials laws. Existing law requires that the completed Form 303 also be submitted to the Department of Toxic Substances Control until specified regulations adopted by the Secretary for Environmental Protection are effective and other conditions are met. This bill would require that Form 303 to instead report information for the prior calendar year. The bill would require a copy of the completed Form 303 to instead be submitted to the Department of Resources Recycling and Recovery, and would require the Department of Resources Recycling and Recovery to provide a copy of the completed form to the Department of Toxic Substances Control upon request.
Existing law establishes the Department of Toxic Substances Control, which regulates the handling and management of hazardous waste and hazardous materials, and establishes the Office of Environmental Health Hazard Assessment and the State Air Resources Board. Existing federal law sets action levels for lead in dust and emission standards for asbestos, and existing state law sets workplace standards for asbestos. Existing law authorizes local health officers to take specified actions to protect public health and establishes procedures for the remediation of certain contaminated properties. This bill would require the Department of Toxic Substances Control, in consultation with the Office of Environmental Health Hazard Assessment and other relevant coordinating agencies, on or before December 31, 2028, to develop and adopt regulations pertaining to lead and asbestos testing, remediation, and restoration after a wildfire and, on or before December 31, 2029, to develop and publish guidance pertaining to specified other contaminants, as provided. The bill would require the State Air Resources Board, on or before December 31, 2028, to develop and publish guidance on indoor air contaminants following residential smoke damage from a wildfire, as provided. The bill would provide that, until the adoption of the regulations and guidance, specified lead and asbestos standards shall apply for wildfire-caused lead and asbestos remediation, as provided. The bill would require the department, in collaboration with the State Department of Education and other relevant state agencies, no later than July 1, 2028, to develop advisory, nonregulatory guidance for schools after a wildfire, as provided. The bill would exempt the regulations and guidance from the Administrative Procedure Act. The bill would become operative only if AB 1795 of the 2025–26 Regular Session is enacted and takes effect on or before January 1, 2027.
Existing law, the California Emergency Services Act, authorizes the Governor to declare a state of emergency during conditions of disaster or extreme peril to persons or property. Existing law authorizes the Governor, during a state of emergency, to suspend any regulatory statute, or statute prescribing the procedure for conduct of state business, or the orders, rules, or regulations of any state agency, if the Governor determines and declares that strict compliance with any statute, order, rule, or regulation would in any way prevent, hinder, or delay the mitigation of the effects of the emergency. Under the authority of the California Emergency Services Act, on March 1, 2025, Governor Gavin Newsom issued a proclamation of a state of emergency that suspends applicable state statutes, rules, regulations, and requirements that fall within the jurisdiction of boards, departments, and offices within the California Environmental Protection Agency or the Natural Resources Agency to the extent necessary for expediting critical fuels reduction projects, as provided. The proclamation requires an individual or entity desiring to conduct a critical fuels reduction project to request the secretary of the appropriate agency to make a determination that the proposed project is eligible for the suspension and requires the California Environmental Protection Agency and the Natural Resources Agency to maintain on their respective internet website a list of all suspensions approved. This bill would, on or before January 31, 2026, require the California Environmental Protection Agency and the Natural Resources Agency to each report to the Legislature information on the implementation of the above-described proclamation of emergency, as provided. 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 certain projects. This bill would, until January 1, 2028, exempt from CEQA critical fuels reduction projects conducted in communities located in very high fire hazard severity zones, as provided. The bill would require the lead agency to hold a noticed public meeting to hear and respond to public comments before determining that a project is exempt and would require the lead agency to provide notice of the public meeting on its internet website at least 30 days before the public meeting. The bill would require the lead agency, if it determines that a project is not subject to CEQA and approves or carries out that project, to file a notice of exemption with the Office of Land Use and Climate Innovation and with the clerk of the county in which the project will be located. 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 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.
The hazardous waste control laws require the Department of Toxic Substances Control to regulate the handling and management of hazardous waste and hazardous materials. Existing law requires a generator of hazardous waste to pay to the California Department of Tax and Fee Administration a generation and handling fee for each generator site, and requires the Board of Environmental Safety to establish a schedule of rates for the fee, as provided. A violation of the hazardous waste control laws is a crime. Existing law generally exempts geothermal waste that is generated from the exploration, development, or production of geothermal energy and that does not result from drilling for geothermal resources from the hazardous waste control laws. Existing law limits that exemption under various circumstances, including, among other circumstances, when the waste is no longer contained in a piping system, nonearthen trench, or other specified form of containment, or is left in a lined surface impoundment 18 months after the date the surface impoundment has last received waste. This bill would limit the generation and handling fee rate for geothermal waste that is not exempt from the hazardous waste control laws to no more than $10 per ton.
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.
