Existing law authorizes the Public Utilities Commission to fix the rates and charges for public utilities, including electrical corporations and gas corporations, and requires those rates and charges to be just and reasonable. Under existing law, a regulated public utility is prohibited from using ratepayer funds for advocacy-related activities that are political or do not otherwise benefit ratepayers. Existing law prohibits each electrical corporation or gas corporation from recording to an above-the-line account, or otherwise recovering from ratepayers, direct or indirect costs of specified activities. This bill would include in those activities for which costs may not be recovered from ratepayers any activities related to opposing the municipalization of electrical or gas utility service, as specified. Existing law authorizes the commission, each commissioner, and each officer and person employed by the commission to inspect the accounts, books, papers, and documents of any public utility. Existing law establishes within the commission an independent Public Advocate's Office of the Public Utilities Commission and authorizes the office to require an entity regulated by the commission to produce or disclose any information the office deems necessary to perform its duties, as provided. This bill would additionally authorize the office to require an entity regulated by the commission to produce or disclose any information the office deems necessary to support the commission's duties. The bill would also specify that the office has the same authority to discover information and review the accounts of a public utility as the commission and would change the timing of a specified annual report by the office to the Legislature. Under existing law, a violation of the Public Utilities Act or any order, decision, rule, direction, demand, or requirement of the commission is a crime. Because the above-described provisions would be part of the act and a violation of a commission action implementing the bill's requirements would be a crime, this bill would impose a state-mandated local program. The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. This bill would provide that no reimbursement is required by this act for a specified reason.
Existing law, the Responsible Battery Recycling Act of 2022, establishes a stewardship program, administered by the Department of Resources Recycling and Recovery, with the Department of Toxic Substances Control, as provided, for the collection, transportation, and recycling, and the safe and proper management, of covered batteries in the state in an economically efficient and practical manner. The act defines a "covered battery" to mean a device consisting of one or more electrically connected electrochemical cells designed to receive, store, and deliver electric energy. Existing law defines a "covered battery" to include a loose battery that is designed to be easily removed from a product by the user of the product with no more than common household tools. Existing law excludes from the definition of a covered battery a primary battery weighing over 2 kilograms. Existing law defines a "primary battery" for this purpose to mean a nonrechargeable battery, including, but not limited to, alkaline, carbon-zinc, and lithium metal batteries. Existing law also excludes from the definition of a covered battery a rechargeable battery weighing over 5 kilograms and having a watthour rating of more than 300 watthours. This bill would revise the description of a loose battery, for purposes of the definition of a covered battery, by providing that a key, application, or other locking device provided to the consumer by the producer of the product or battery that is warranted by the producer of the product or battery to serve solely to prevent theft of the battery or tampering by persons other than the consumer and not to inhibit the consumer's ability to remove, replace, or recycle the battery would not prevent a battery from being considered designed to be easily removed from a product by the user of the product with no more than common household tools. The bill would remove the exclusions from the definition of a covered battery for a primary battery and a rechargeable battery, described above. The bill would categorize all covered batteries as either a small format battery or a medium format battery. The bill would define a "small format battery" to include a rechargeable battery weighing no more than 11 pounds with a rating of no more than 300 watthours and a nonrechargeable battery weighing no more than 4.4 pounds. The bill would define a "medium format battery" to include a rechargeable battery that weighs more than 11 pounds or that has a rating of more than 300 watthours, or both, but that does not weigh more than 25 pounds or have a rating more than 2,000 watthours, and a nonrechargeable battery weighing more than 4.4 pounds but fewer than 25 pounds. The act requires a producer of covered batteries, individually or through a stewardship organization, to develop and implement a stewardship plan for the collection, transportation, and recycling, and the safe and proper management, of covered batteries in the state. The act requires the stewardship plan to describe how the producer or stewardship organization will provide a certain number of collection sites for covered batteries in each county, as provided. This bill would instead require the stewardship plan to describe how the producer or stewardship organization will provide a certain number of collection sites for small format batteries and medium format batteries, as specified. The act requires a stewardship plan to include, among other things, consultation with the California Environmental Protection Agency's Environmental Justice Task Force and coordination with certain entities, including, but not limited to, other program operators, as provided. This bill would require a stewardship plan to include consultation with the department's Office of Environmental Justice, Tribal Relations, Education and Outreach instead of the Environmental Justice Task Force. The bill would require the stewardship to additionally include coordination with California Native American Tribes. The bill would require a stewardship plan to demonstrate that the stewardship organization has adequate financial responsibility and financial controls in place to ensure proper management of funds. The act requires the program operator to retain an independent public accountant to annually audit the accounting books for the program operator. This bill would require the annual audit to be prepared in accordance with the Financial Accounting Standards Board's accounting standards codification. The bill would require a program operator to annually demonstrate achievement of minimum recycling rates for rechargeable, nonrechargeable, and primary batteries. This bill would authorize the Department of Toxic Substances Control and certain local officers and agencies to enter and inspect any collection site, establishment, or any other place or environment, where hazardous wastes are stored, handled, processed, disposed of, or being treated to recover resources, as a result of the requirements of the act, as specified. The bill would, to ensure compliance with the act, authorize the department to inspect and investigate producers, program operators, stewardship organizations, manufacturers, distributors, retailers, importers, recyclers, and collection sites. The act requires records required by the act to be maintained and accessible to the department for 3 years. The act requires all reports and records provided to the department to be provided under penalty of perjury. This bill would require records required by the act to be maintained and accessible to the department for 5 years. By expanding the document retention period and by expanding the scope of the act, the bill would expand the scope of the crime of perjury, thereby imposing 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 the State Department of Public Health and sets forth its powers and duties pertaining to, among other things, protecting, preserving, and advancing public health. Existing law requires the department, in consultation with specified stakeholders, to develop a plan, addressing specified issues, with recommendations and guidelines for counties to use in the case of a significant air quality event caused by wildfires or other sources. This bill, the Wildfire Smoke and Health Outcomes Data Act, would require the State Department of Public Health, in consultation with the Department of Forestry and Fire Protection and the Wildfire and Forest Resilience Task Force, to create, operate, and maintain a statewide integrated wildfire smoke and health data platform on or before July 1, 2028, that, among other things, would integrate wildfire smoke and health data from multiple databases. Under the bill, the purposes for the data platform would include providing adequate information to understand the negative health impacts on California's population caused by wildfire smoke and evaluating the effectiveness of investments in forest health and wildfire mitigation on health outcomes in California. This bill would require the State Department of Public Health, in consultation with the Department of Forestry and Fire Protection and the Wildfire and Forest Resilience Task Force, to develop, among other things, protocols for data sharing, documentation, quality control, and promotion of open-source platforms and decision support tools related to wildfire smoke and health data. This bill would authorize the State Department of Public Health, the Department of Forestry and Fire Protection, and the Wildfire and Forest Resilience Task Force, where appropriate, to utilize data from existing sources, including open source data and other external data, for purposes of implementing the act. This bill would create the Wildfire Smoke and Health Administration Fund. Under the bill, moneys in the fund would be available, upon appropriation by the Legislature, to the State Department of Public Health, the Department of Forestry and Fire Protection, and the Wildfire and Forest Resilience Task Force for the collection, management, and improvement of wildfire smoke and health data for the purposes of the act. The bill would specify that these provisions do not change existing law with respect to the jurisdiction of the public entities involved. The bill would make related findings and declarations.
Existing law provides for the regulation and supervision of dams and reservoirs by the state, and requires the Department of Water Resources, under the police power of the state, to supervise the construction, enlargement, alteration, repair, maintenance, operation, and removal of dams and reservoirs for the protection of life and property, as prescribed. Existing law requires the department to, upon appropriation by the Legislature, develop and administer the Dam Safety and Climate Resilience Local Assistance Program to provide state funding for repairs, rehabilitation, enhancements, and other dam safety projects at existing state jurisdictional dams and associated facilities that were in service prior to January 1, 2023, subject to prescribed criteria. This bill would include the removal of project facilities as additional projects eligible to receive funding under the program.
Existing law establishes the Department of Forestry and Fire Protection in the Natural Resources Agency. Existing law requires the department to be responsible for specified activities, including maintaining an integrated staff to accomplish fire protection, fire prevention, pest control, and forest and range protection and enhancement activities, as needed. This bill would require the department to reach full staffing levels, as defined, on or before January 1, 2028, and to maintain full staffing levels throughout the calendar year at all fire stations and facilities under its jurisdiction. The bill would require the department to implement staffing requirements on a schedule, as specified. The bill would require the department to report annually to the Legislature on, among other things, progress toward implementation of year-round staffing requirements. The bill would require the Legislature to appropriate in the annual Budget Act or another statute sufficient moneys to implement these provisions.
Existing law requires the Department of Toxic Substances Control to adopt regulations for the identification and management of hazardous wastes. Existing law authorizes the department to adopt regulations designating end-of-life photovoltaic modules that are identified as hazardous waste as a universal waste and subject to regulations applicable to universal waste management. Federal regulations identify solid wastes which are subject to regulation as hazardous wastes. Federal regulations exclude from the definition of solid waste for that purpose hazardous secondary material that is generated and then transferred to another person for the purpose of reclamation under specified circumstances. This bill would require the department, on or before July 1, 2028, to convene one or more public workshops for interested parties to comment on the applicability of the above-described federal regulations to hazardous waste streams, including, but not limited to, solar photovoltaic modules, generated in California. The bill would require the department, on or before July 1, 2029, to consider the feedback received and evaluate the applicability of those federal regulations to end-of-life solar photovoltaic modules as an alternative to one or more of the state standards governing hazardous waste and universal waste management. The bill would authorize the department, based on findings of the evaluation, to adopt, by regulation, the federal regulations, subject to revision as necessary, and apply them to end-of-life solar photovoltaic modules that are identified as hazardous waste under existing state law.
Existing law requires the Public Utilities Commission (PUC) , in consultation with the State Energy Resources Conservation and Development Commission (Energy Commission) , on or before March 31, 2024, to provide transmission-focused guidance to the Independent System Operator 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 Independent System Operator 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, Energy Commission, and Independent System Operator entered into a memorandum of understanding related to resource and transmission planning, transmission development and permitting, procurement, and interconnections in order 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 PUC, in coordination with the Independent System Operator, every 5 years, to review and update, as necessary, 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 to review and update, as necessary, the memorandum every 3 years, rather than every 5 years.
(1) Under existing law, the State Water Resources Control Board and the 9 California regional water quality control boards regulate water quality and prescribe waste discharge requirements in accordance with the Porter-Cologne Water Quality Control Act (act) and the National Pollutant Discharge Elimination System (NPDES) permit program. Under the act, the State Water Resources Control Board is authorized to adopt water quality control plans for waters for which quality standards are required by the federal Clean Water Act, as specified, and that in the event of a conflict, those plans supersede regional water quality control plans for the same waters. This bill would authorize the state board to adopt water quality control plans for nexus waters, which the bill would define as all waters of the state that are not also navigable, except as specified. The bill would require any water quality standard that was submitted to, and approved by, or is awaiting approval by, the United States Environmental Protection Agency or the state board that applied to nexus waters as of May 24, 2023, to remain in effect, as provided. The bill would require the state board and regional boards to include nexus waters in all federal Clean Water Act processes, including, but not limited to, the California Integrated Report and the establishment of total maximum daily loads, as specified. (2) Existing law requires a regional board, after any necessary hearing, to prescribe requirements as to the nature of any proposed discharge, existing discharge, or material change in an existing discharge, except discharges into a community sewer system, with relation to the conditions existing in the disposal area or receiving waters upon, or into which, the discharge is made or proposed and sets forth what the requirements are to include. This bill would require the above-described discharge requirements to, in the case of discharges from any point source to nexus waters, implement, at a minimum, the requirements of provisions implementing the Federal Water Pollution Control Act and acts amendatory thereof or supplementary thereto. (3) The act authorizes the imposition of civil penalties for violations of certain waste discharge requirements, including violation of a cease and desist order or a cleanup and abatement order, and requires that penalties imposed pursuant to these provisions be deposited into the Waste Discharge Permit Fund, to be expended by the state board, upon appropriation by the Legislature, for specified purposes related to water quality. For violations of certain other waste discharge requirements, the act imposes specified civil penalties, the proceeds of which are deposited into the continuously appropriated State Water Pollution Cleanup and Abatement Account. This bill would require, commencing January 1, 2026, and each calendar year thereafter, the state board's executive director to adjust civil monetary penalties, as specified, including the civil penalties for the above-described provisions. The bill would require moneys collected in accordance with these annual adjustments to be deposited into the Penalty Adjustment Account, that the bill would establish within the Waste Discharge Permit Fund, and upon appropriation by the Legislature, be expended by the state board for purposes of cleaning up and abating the effects of waste on waters of the state. (4) Existing law generally provides for enforcement and implementation of the act. This bill would authorize specified entities, including the Attorney General and the state board, to bring an action to enforce certain provisions related to nexus waters or waste discharge requirements for nexus waters, as provided. (5) The act provides various provisions related to waste discharge to ensure consistency with the requirements for state programs implementing the Federal Water Pollution Control Act and acts amendatory thereof or supplementary thereto. The act defines the terms "navigable waters," "administrator," "pollutants," "biological monitoring," "discharge," and "point sources" as having the same meanings as in the Federal Water Pollution Control Act. This bill would provide that "waste discharge requirements" include waste discharge requirements issued for discharges to nexus waters, and "discharge" includes any addition of a pollutant to a nexus water from any point source. The bill would provide that for purposes of compliance with the Federal Water Pollution Control Act, nexus waters shall be treated as though they are navigable waters and navigable waters of the United States. The bill would require waste discharge requirements adopted or amended for discharges to nexus waters to be adopted pursuant to and in accordance with the requirements of provisions implementing the Federal Water Pollution Control Act and acts amendatory thereof or supplementary thereto, as specified. (6) The act requires a person who discharges pollutants or proposes to discharge pollutants to the navigable waters of the United States within the jurisdiction of this state or a person who discharges dredged or fill material or proposes to discharge dredged or fill material into the navigable waters of the United States within the jurisdiction of this state to file a report of the discharge, except as specified. The act prohibits the discharge of pollutants or dredged or fill material or the operation of a publicly owned treatment works or other treatment works treating domestic sewage by any person, except as authorized by waste discharge requirements or dredged or fill material permits. This bill would require a person to file a report for discharges to nexus waters. The bill would apply the above-described prohibition to nexus waters.
(1) The California Integrated Waste Management Act of 1989, administered by the Department of Resources Recycling and Recovery, generally regulates the disposal, management, and recycling of solid waste. The act establishes stewardship programs for various products, including, among others, carpet. The act includes a product stewardship for carpet program and a successor carpet producer responsibility program, and requires the product stewardship for carpet program to become inoperative upon the completion of certain conditions related to the implementation of the successor carpet producer responsibility program. Existing law, the product stewardship for carpet program, requires a manufacturer of carpets sold in this state, individually or through a carpet stewardship organization, to submit a carpet stewardship plan to the department, which is required to include specified elements, including achieving specified carpet recycling rates and a funding mechanism that provides sufficient funding to carry out the plan. Existing law authorizes the department to administratively impose a civil penalty of $10,000 per day on any person in violation of the program or $25,000 per day if the violation is intentional, knowing, or negligent, as specified. This bill would instead authorize the department to impose administrative, rather than civil, penalties in those amounts, and to impose an administrative penalty of $25,000 per day if the violation is intentional or knowing. Existing law requires a carpet stewardship organization to include nonvoting board members with representation from, among others, a retailer that sells carpet. This bill would instead require the stewardship organization to create a governing board for the stewardship program, as specified. Existing law requires a manufacturer of carpets sold in this state, individually or through a carpet stewardship organization, to submit to the department an annual report describing its activities to achieve the purposes of the program, as provided. Existing law authorizes a carpet stewardship organization to award grants and subsidies to incentivize the recycling of carpet materials that have the highest recyclability. This bill would require a carpet stewardship organization to include in its annual report specified information related to the grants and subsidies provided pursuant to the program, as specified. (2) Existing law, the successor carpet producer responsibility program, requires producers of covered products to form and join a single producer responsibility organization (PRO) for the collection and recycling of a covered product. Existing law defines a "covered product" as carpet, as defined, and requires the PRO to develop a producer responsibility plan for the collection, transportation, recycling, and the safe and proper management of covered products in the state. Existing law requires, no later than January 1, 2029, a person who removes a covered product as part of the installation of a covered product to transport, or contract to transport, all of the removed covered product to an approved collection site, as provided. Under existing law, an approved collection site is a solid waste facility that has agreed to be a collection site for the PRO. This bill would exempt a covered product from this transport requirement if certain conditions are met, including that it is returned to the producer. The bill would expand approved collection sites to include certain carpet recycling centers, municipal facilities, and retailers. Existing law requires the governing board of a PRO to include 4 nonvoting members, including, but not limited to, a nonvoting member representing a nonprofit organization established to promote a circular economy and to address environmental issues. Existing law requires the PRO to submit an annual report to the department on or before July 1 of each year, as provided. Existing law requires a producer to publish on its internet website, for each of its covered products, an environmental product declaration that identifies a covered product's components, as provided. This bill would instead require one voting and 5 nonvoting members, as specified. The bill would require the annual report to be submitted on or before September 1 of each year, instead of July 1 of each year. The bill would instead require a producer to publish on its internet website, for each of its covered products, the components that constitute more than 1% of the product's weight and any component that is a hazardous chemical, as specified. Existing law requires the PRO to submit to the department an annual report, as specified, and to make the report publicly available on the PRO's internet website. Existing law requires the PRO to provide annual grants to apprenticeship programs for training carpet installers in proper carpet recycling techniques, as provided. This bill would require the PRO to include in its annual report specified information related to the grants and incentive payments provided pursuant to the program, as specified. Existing law requires a producer responsibility plan, among other things, to explain how producers will use standardized stamping or some other means to provide a visual mark on the back of a covered product that is a synthetic material to allow expeditious sorting of the carpet, as provided. Existing law requires the department to adopt regulations to implement the program with an effective date no earlier than December 31, 2026. This bill would instead require a producer responsibility plan to explain how producers will use standardized stamping or some other means to provide a visual mark on the back of a covered product that provides the name of the producer, the date of manufacture, and a listing of the types of face fibers and backing materials contained in the product. The bill would instead require the department to adopt the regulations no later than December 31, 2026. Existing law requires a producer responsibility plan in effect as of January 1, 2025, to continue in effect, as provided, until it expires or is revoked, except that the PRO is required to submit an amendment to conform the producer responsibility plan to certain requirements. This bill would eliminate the requirement to submit an amendment to the producer responsibility plan.
Under existing law, the Department of Toxic Substances Control generally regulates the management and handling of hazardous waste and hazardous materials. Existing law authorizes certain entities to operate household hazardous waste collection facilities, as defined, under permits issued by the department. A violation of the hazardous waste control laws is a crime. This bill would, until January 1, 2029, require the department to evaluate opportunities to increase safety and convenience related to the management and disposal of vape pens confiscated from students by a school, as provided, and identify any recommendations that require future legislative action. The bill would authorize a household hazardous waste collection facility to conduct physical treatment activities involving the disassembly of household hazardous waste to separate batteries, valves, electronic components and other parts containing liquids or gases, including, but not limited to, the disassembly of vape pens, in a manner that does not result in the unauthorized release of hazardous materials. Existing law authorizes a public agency, or its contractor, to conduct a materials exchange program at a household hazardous waste collection facility to make reusable household hazardous products or materials available to recipients, as a part of its household hazardous waste collection program, if the public agency, or its contractor, complies with specified requirements. The bill would prohibit a public agency, or its contractor, from including vape pens in a materials exchange program. Because a violation of these provisions 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.
