Environment

California Assembly Resolution 141 expresses concern that the state's new energy efficiency standards for replacement tires may impose significant financial burdens on consumers and businesses. The resolution cites industry data suggesting tire costs could rise by up to $365 per set, contradicting official estimates of a smaller increase, and argues that the program's environmental benefits have not fully accounted for the impacts of manufacturing, transporting, and disposing of additional tires. It urges the State Energy Resources Conservation and Development Commission to reassess the program by conducting a comprehensive evaluation of affordability, tire safety, and full life-cycle environmental effects.

The California Global Warming Solutions Act of 2006 designates the State Air Resources Board as the state agency charged with monitoring and regulating sources of emissions of greenhouse gases. This bill would prohibit the state board from adopting any regulation or rule that would add more than $0.02 to the cost of a gallon of gasoline or add $2,000 or more to the cost to build any home. The bill would require the state board to submit data to the relevant policy committees of the Legislature that demonstrates how a proposed regulation is compliant with this prohibition. Existing law, the Lewis-Presley Air Quality Management Act, establishes the South Coast Air Quality Management District in those portions of the Counties of Los Angeles, Orange, Riverside, and San Bernardino included within the South Coast Air Basin as the local agency with the responsibility for comprehensive air pollution control within the basin. This bill would prohibit the south coast district from adopting any regulation or rule that would add more than $0.02 to the cost of a gallon of gasoline, add $2,000 or more to the cost to build any home, or add $5,000 or more to the cost to build a nonresidential building. The bill would require the south coast district to submit data to the relevant policy committees of the Legislature that demonstrates how a proposed regulation is compliant with this prohibition. To the extent it would impose additional duties on a local entity, 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, 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 establishes in the Natural Resources Agency the Department of Forestry and Fire Protection, and requires the department to be responsible for, among other things, fire protection and prevention, as provided. Existing law describes state responsibility areas as areas of the state in which the financial responsibility of preventing and suppressing fires has been determined by the State Board of Forestry and Fire Protection to be primarily the responsibility of the state. Existing law requires the State Fire Marshal to classify lands within state responsibility areas into fire hazard severity zones and, by regulation, designate fire hazard severity zones and assign to each zone a rating reflecting the degree of severity of fire hazard that is expected to prevail in the zone, as provided. Existing law also requires the State Fire Marshal to identify areas of the state as moderate, high, and very high fire hazard severity zones based on specified criteria. Existing law requires, within 120 days of receiving a recommendation from the State Fire Marshal that identifies fire hazard severity zones, described above, a local agency to designate, by ordinance, fire hazard severity zones in its jurisdiction, as provided. This bill would, on or before January 1, 2028, and every 2 years thereafter, require the department or a local entity to conduct an assessment, as provided, of all undeveloped public lands for which it is primarily responsible for preventing and suppressing fires to ensure that the public land is not a severe fire hazard. The bill would require this assessment to be posted on the department's and local entity's internet website and would require a local entity conducting the assessment to submit its assessment to the department. The bill would require all public lands, on or before January 1, 2028, to have 200-foot firebreaks on all borders with private property. This bill would, when the department or local entity acquires private undeveloped land, require the department or a local entity that is primarily responsible for preventing and suppressing fires on that land to create a plan on how the land will be managed with regard to fire prevention, and to report the cost of keeping the land managed. The bill would require the department and the local entity to post this information on its respective internet website and would require a local entity preparing this information to submit it to the department. To the extent that this bill would impose new duties on local government agencies, the bill would create a state-mandated local program. (2) 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 the lead agency 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. This bill would authorize property owners to conduct wildfire fuel reduction activities, as described, on their own private property if the activities comply with specified guidelines. The bill would require fire chiefs of a county with jurisdiction over that private property in which the activities are conducted to establish these guidelines, as provided. The bill would exempt from CEQA these activities regardless of the acreage involved, if the activity is conducted solely for wildfire fuel reduction and not for development purposes. The bill would prohibit state agencies from imposing additional requirements on these activities, as provided. By imposing new duties on county fire chiefs, and because a lead agency would be required to determine whether a project qualifies for this exemption, the bill would create a state-mandated local program. (3) The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. This bill would provide that with regard to certain mandates no reimbursement is required by this act for a specified reason. With regard to any other mandates, this bill would provide that, if the Commission on State Mandates determines that the bill contains costs so mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above.

(1) The California Global Warming Solutions Act of 2006 establishes the State Air Resources Board as the state agency responsible for monitoring and regulating sources emitting greenhouse gases. The act requires the state board to adopt rules and regulations to achieve the maximum technologically feasible and cost-effective greenhouse gas emissions reductions to ensure that the statewide greenhouse gas emissions are reduced to at least 40% below the statewide greenhouse gas emissions limit, as defined, no later than December 31, 2030. Pursuant to the act, the state board has adopted the Low Carbon Fuel Standard regulations. The act authorizes the state board to include in its regulation of those emissions the use of market-based compliance mechanisms. Existing law requires all moneys, except for fines and penalties, collected by the state board from the auction or sale of allowances as part of a market-based compliance mechanism to be deposited in the Greenhouse Gas Reduction Fund. This bill would suspend the Low Carbon Fuel Standard regulations for one year. The bill would also exempt suppliers of transportation fuels from regulations for the use of market-based compliance mechanisms for one year. This bill would direct the Controller to transfer a specified amount from the General Fund to the Greenhouse Gas Reduction Fund. By transferring General Fund moneys to a partially continuously appropriated fund, this bill would make an appropriation. (2) Existing law, the Motor Vehicle Fuel Tax Law, imposes a tax upon each gallon of motor vehicle fuel removed from a refinery or terminal rack in this state, entered into this state, or sold in this state, at a specified rate per gallon. This bill would suspend the imposition of the tax on motor vehicle fuels for one year. The bill would require a seller of motor vehicle fuels to provide a receipt to a purchaser that indicates the amount of tax that would have otherwise applied to the transaction. This bill would also direct the Controller to transfer a specified amount from the General Fund to the Motor Vehicle Fuel Account in the Transportation Tax Fund. By transferring General Fund moneys to a continuously appropriated account, this bill would make an appropriation. (3) Existing unfair competition laws establish a statutory cause of action for unfair competition, including any unlawful, unfair, or fraudulent business act or practice and unfair, deceptive, untrue, or misleading advertising and acts prohibited by false advertisement laws. This bill would require that all savings realized based on the suspension of the motor vehicle fuels tax, the suspension of the Low Carbon Fuel Standard regulations, and the exemption of suppliers of transportation fuels from regulations for use of market-based compliance mechanisms by a person other than an end consumer, as defined, be passed on to the end consumer, and would make the violation of this requirement an unfair business practice, in violation of unfair competition laws, as provided. (4) This bill would declare that it is to take effect immediately as an urgency statute.

The California FAIR Plan Association is a joint reinsurance association in which all insurers licensed to write basic property insurance participate in administering a program for the equitable apportionment of basic property insurance for persons who are unable to obtain that coverage through normal channels. Existing law requires the Wildfire and Forest Resilience Task Force to develop a comprehensive implementation strategy to track and ensure the achievement of the goals and key actions identified in the state's Wildfire and Forest Resilience Action Plan, as provided. Existing law requires, on or before March 1, 2026, and every 5 years thereafter, the task force to update the action plan. This bill would require the Department of Forestry and Fire Protection, on or before June 30, 2027, and in consultation with the Department of Insurance and the California FAIR Plan Association, to make recommendations to the task force regarding specific wildfire risk reduction measures that would reduce the regional risk profile for high-hazard landscapes and communities, particularly those ZIP Codes that have seen the largest increases in FAIR Plan policies sold since 2019.

(1) The California Global Warming Solutions Act of 2006 establishes the State Air Resources Board as the state agency responsible for monitoring and regulating sources emitting greenhouse gases. The act requires the state board to adopt rules and regulations to achieve the maximum technologically feasible and cost-effective greenhouse gas emissions reductions to ensure that the statewide greenhouse gas emissions are reduced to at least 40% below the statewide greenhouse gas emissions limit, as defined, no later than December 31, 2030. Existing law requires the state board to prepare and approve a scoping plan for achieving the maximum technologically feasible and cost-effective reductions in greenhouse gas emissions, as provided, and to update the scoping plan at least once every 5 years. Existing law requires the state board to develop a comprehensive strategy to reduce emissions of short-lived climate pollutants in the state. Existing law requires the state board, in consultation with the Department of Food and Agriculture, to adopt regulations to reduce methane emissions from livestock manure management operations and dairy manure management operations by up to 40% below the dairy sector's and livestock sector's 2013 levels by 2030. This bill would require the Department of Food and Agriculture to convene an interagency task force to evaluate the role of alternative manure management practices in achieving certain goals and to make specified findings and recommendations based on its evaluation. The bill would require the task force to include representatives from specified state agencies, external scientific and technical experts, and other stakeholders, as provided. The bill would require the task force to coordinate scenario modeling of alternative manure management practices adoption within the dairy and livestock industry under different policy and funding conditions, assess how alternative manure management practices can help the state meet groundwater sustainability plans, water quality plans, and nature-based climate solutions, and facilitate interagency data sharing, technical consultation, and identification of research needs, as provided. The bill would authorize the state board to incorporate the task force's findings and recommendations into updates to the above-described comprehensive strategy, the 2027 update to the scoping plan, and other planning documents as appropriate. (2) Existing law requires the Department of Resources Recycling and Recovery, in partnership with various government agencies, to identify and recommend actions to address, with regard to both state agencies and the federal government, the permitting and siting challenges associated with composting and anaerobic digestion, and to encourage the continued viability of the state's organic waste processing and recycling infrastructure. This bill would require the Department of Food and Agriculture to convene relevant government agencies, with input from the regulated community, to create an efficient and effective process for approving new projects that manage livestock and dairy manure through on-farm composting or by selling or transferring manure to offsite users.

Existing law gives a person the right of protection from bodily harm and the right to possess and use property. If a person suffers bodily harm or a loss of their property because of the unlawful act or omission of another, existing law authorizes them to recover compensation from the person at fault, which is known as damages. Existing law authorizes the Attorney General to bring various civil actions due to damage or loss. This bill would authorize the Attorney General to bring a civil action against specified fossil fuel companies for climate-attributable damage to recover costs and losses suffered by the California FAIR Plan Association, funds borrowed from the California Infrastructure and Economic Development Bank, or costs and losses incurred by insurance policyholders. The bill would make those companies strictly liable without regard to fault for any relief granted. The bill would authorize the court and jury to use market share and alternate liability principles to determine proportionate liability of those companies for the climate-attributable damage, as described. This bill would make it an unlawful business practice for the company or affiliated entity to recover from California consumers, through retail or wholesale prices, charges, fees, surcharges, or any other adjustment to the price of gasoline or other motor fuels, for any costs and expenses incurred in connection with such a civil action, as defined. This bill would create the Attorney General Climate Disaster Fund into which the monetary relief recovered by the Attorney General would be deposited, and would set forth specified uses for the account upon appropriation by the Legislature. The bill would make related findings and declarations.

Existing law establishes the State Seal of Civic Engagement to recognize pupils who have demonstrated excellence in civics education and participation and have demonstrated an understanding of the United States Constitution, the California Constitution, and the democratic system of government, as provided, and establishes the State Seal of Biliteracy to recognize high school graduates who have attained a high level of proficiency in speaking, reading, and writing in one or more languages in addition to English. Commencing January 1, 2027, existing law vests all executive and administrative functions of the State Department of Education in an Education Commissioner. This bill would establish the State Seal of Climate Literacy for the purpose of giving high school pupils personal agency to help them and their communities understand and adapt to the effects of climate change. The bill would require the Education Commissioner, on or before December 31, 2027, to recommend to the State Board of Education criteria for awarding a State Seal of Climate Literacy to pupils who have demonstrated mastery in climate literacy disciplines, green skills or technical green skills, as defined, and any and all other best practices for climate literacy. The bill would require the Commissioner, in developing the criteria, to consider including (1) the successful completion of at least 2 approved courses in the area of climate literacy and (2) the successful completion and presentation of a climate literacy final experiential learning project, as provided. The bill would require the state board, on or before January 31, 2029, to adopt, or adopt with modifications, the criteria recommended by the Commissioner. The bill would require the Commissioner to, among other things, prepare and deliver to participating local educational agencies an appropriate insignia to be affixed to the diploma or transcript of the pupil indicating that the pupil has been awarded a State Seal of Climate Literacy by the Commissioner. The bill would make a local educational agency's participation in awarding the State Seal of Climate Literacy voluntary. For a local educational agency that chooses to participate, the bill would require the local educational agency, on or after the date that the state board adopts criteria, to, among other things, establish a process for determining if a pupil has met the criteria necessary to earn a State Seal of Climate Literacy.

The Passenger Charter-party Carriers' Act provides for the regulation of charter-party carriers of passengers by the Public Utilities Commission and includes specific requirements applicable to transportation network companies, which are defined as certain organizations that, using an online-enabled application or platform, connect passengers with drivers using a personal vehicle. The act establishes the California Clean Miles Standard and Incentive Program, which requires, by January 1, 2020, that the State Air Resources Board establish a baseline for emissions of greenhouse gases for vehicles used on the online-enabled applications or platforms by transportation network companies on a per-passenger-mile basis, as provided. The act requires, by January 1, 2021, that the state board establish, and the commission implement, annual targets and goals, in accordance with specified requirements, starting in 2023 for the reduction under that baseline for emissions of greenhouse gases per passenger mile driven on behalf of a transportation network company. The act makes a violation of the act, or an order or direction of the commission pursuant to the act, a crime. This bill would require, by January 1, 2028, the state board to adopt, and the commission to implement, updated annual targets and goals starting in 2029 for the reduction under that baseline for emissions of greenhouse gases per passenger mile driven on behalf of a transportation network company in accordance with specified requirements. The bill would prohibit the commission from finding a transportation network company in violation of the program under specified circumstances. The bill would prohibit the commission from adopting or enforcing any penalties against transportation network companies for the failure to meet the targets or goals adopted under the program by the state board applicable before the 2029 calendar year. However, the bill would require a transportation network company to meet specified targets for passenger miles traveled using a zero-emission vehicle in the 2027 and 2028 calendars years. The act requires the state board to delay adoption, and the commission to delay implementation, of the targets and goals adopted pursuant to the program if the state board or commission finds that unanticipated barriers exist to expanding the usage of zero-emission vehicles by transportation network companies. The act requires the state board and commission to review the available data related to barriers to expanding the usage of zero-emission vehicles by transportation network companies no less often than every 2 years. This bill would instead require the state board to adjust the targets and goals, and the commission to delay implementation of those targets and goals, if the state board or the commission makes specified findings, including that barriers exist to expanding the usage of zero-emission vehicles by transportation network companies at the rates established by the state board. The bill would revise the above-described review requirement to instead require the state board and commission, no less often than every 2 years, to review the targets and goals adopted under the program and the available data necessary to make any of those specified findings.

The California Environmental Quality Act (CEQA) requires a lead agency, as defined, to prepare, or cause to be prepared, and certify the completion of, an environmental impact report (EIR) on a project that it proposes to carry out or approve that may have a significant effect on the environment or to adopt a negative declaration if it finds that the project will not have that effect. CEQA also requires a lead agency to prepare a mitigated negative declaration for a project that may have a significant effect on the environment if revisions in the project would avoid or mitigate that effect and there is no substantial evidence that the project, as revised, would have a significant effect on the environment. CEQA requires a lead agency, before releasing an environmental review document for a project, to begin consultation with a California Native American tribe that is traditionally and culturally affiliated with the geographic area of the proposed project, as provided. CEQA authorizes the parties, as a part of the consultation, to propose mitigation measures capable of avoiding or substantially lessening potential significant impacts to a tribal cultural resource or alternatives that would avoid significant impacts to a tribal cultural resource. CEQA defines a tribal cultural resource as including, among other things, a site, feature, place, cultural landscape, sacred place, or object with cultural value to a California Native American tribe that is included or determined to be eligible for inclusion in the California Register of Historical Resources or included in a local register of historical resources, as provided. This bill would modify the definition of tribal cultural resource to, among other things, include a site, feature, place, cultural landscape, sacred place, or object with cultural value to a California Native American tribe that is identified by the Native American Heritage Commission as a sacred place, as provided, or included in a local tribal register and provided to the lead agency by a consulting California Native American tribe. CEQA requires public agencies, when feasible, to avoid damaging effects to tribal cultural resources and specifies mitigation measures that may be considered to avoid or minimize significant adverse impacts to tribal cultural resources if the consultation process fails to result in agreed-upon mitigation measures. This bill would revise and recast those provisions to instead require a lead agency, when feasible, to adopt mitigation measures, as provided, to avoid or minimize the significant adverse impacts to tribal cultural resources. The bill would require avoidance and preservation of the resource in place to be considered when requested by the consulting California Native American tribe, and if avoidance and preservation are determined to not be feasible, the bill would require the lead agency to document the basis for that determination with substantial evidence and, when feasible, to incorporate other measures to avoid or minimize significant adverse impacts to the resource consistent with CEQA. The bill would authorize the consulting California Native American tribe to identify culturally appropriate mitigation measures, which the bill would require the lead agency to consider and incorporate, to the extent feasible, in developing mitigation and treatment measures. This bill would require the lead agency, if archaeological methods and standards are used in the identification of tribal cultural resources instead of tribal methods and standards or tribal traditional knowledge submitted by a California Native American tribe during tribal consultation, to explain its decision to use archaeological methods and standards. The bill would require the lead agency, if treatment and mitigation measures preferred and submitted by a California Native American tribe during tribal consultation are not recommended for adoption by the lead agency, to explain its decision. By imposing additional duties on local agencies in their implementation of CEQA, 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.