Environment (Coastal & Flood Protection)

Existing law creates within the Ocean Protection Council the California Sea Level Rise State and Regional Support Collaborative to provide state and regional information to the public and support to local, regional, and other state agencies for the identification, assessment, planning, and, where feasible, the mitigation of the adverse environmental, social, and economic effects of sea level rise within the coastal zone, as provided. This bill would make a nonsubstantive change to this provision.

Existing law, the Administrative Procedure Act, sets forth the requirements for the adoption, publication, review, and implementation of regulations by state agencies. The Safe Drinking Water, Wildfire Prevention, Drought Preparedness, and Clean Air Bond Act of 2024 (act) , approved by the voters as Proposition 4 at the November 5, 2024, statewide general election, authorized the issuance of bonds in the amount of $10,000,000,000 pursuant to the State General Obligation Bond Law to finance projects for safe drinking water, drought, flood, and water resilience, wildfire and forest resilience, coastal resilience, extreme heat mitigation, biodiversity and nature-based climate solutions, climate-smart, sustainable, and resilient farms, ranches, and working lands, park creation and outdoor access, and clean air programs. Existing law authorizes certain regulations needed to effectuate or implement programs of the act to be adopted as emergency regulations in accordance with the Administrative Procedure Act, as provided. Existing law requires the emergency regulations to be filed with the Office of Administrative Law and requires the emergency regulations to remain in effect until repealed or amended by the adopting state agency. This bill, notwithstanding the above, would exempt the adoption of regulations for purposes of developing and adopting program guidelines and selection criteria needed to effectuate or implement programs of the act from the requirements of the Administrative Procedure Act, as provided. The bill would require a state entity that receives funding to administer a competitive grant program established using the Administrative Procedure Act exemption to do certain things, including, among other things, to develop draft project solicitation and evaluation guidelines, to transmit copies of the draft guidelines to the fiscal committees and to the appropriate policy committees of the Legislature, to hold a noticed public meeting on the draft guidelines, and to submit the final guidelines to the Secretary of the Natural Resources Agency, except as provided. The bill would require the Secretary of the Natural Resources Agency to post an electronic form of the guidelines submitted by a state entity and the subsequent verifications on the Natural Resources Agency's internet website. The bill would authorize the use of certain previously developed program guidelines and selection criteria for these purposes, as provided. This bill would declare that it is to take effect immediately as an urgency statute.

The Safe Drinking Water, Wildfire Prevention, Drought Preparedness, and Clean Air Bond Act of 2024, approved by the voters as Proposition 4 at the November 5, 2024, statewide general election, authorized the issuance of bonds in the amount of $10,000,000,000 pursuant to the State General Obligation Bond Law to finance projects for safe drinking water, drought, flood, and water resilience, wildfire and forest resilience, coastal resilience, extreme heat mitigation, biodiversity protection and nature-based climate solutions, climate-smart, sustainable, and resilient farms, ranches, and working lands, park creation and outdoor access, and clean air programs. Of these funds, the act makes $300,000,000 available, upon appropriation by the Legislature, for improving climate resilience and sustainability of agricultural lands, including, among other things, by making $15,000,000 available, upon appropriation by the Legislature, to the State Department of Education, in consultation with the Department of Food and Agriculture, for purposes of providing grants to public postsecondary educational institutions that are designated as Agricultural Experiment Stations or Agricultural Research Institutes, to develop research farms to improve climate resiliency, as specified. Existing law authorizes a state agency to furnish services, materials, or equipment to, or perform work for, any other state agency upon terms and conditions and for the consideration as they may determine, and to enter into agreements for that purpose, subject to approval of the Director of General Services. Existing law requires a state agency that furnishes the services, materials, or equipment to, or performs the work for, the other state agency to compute charges in a manner approved by the Director of Finance. Existing law authorizes a state agency to provide for the advancing of funds, as provided, to defray those charges. This bill would authorize the State Department of Education to advance a payment for a contract or agreement made with the Department of Food and Agriculture pursuant to the research farm provisions of Proposition 4, described above, in the 2026–27 and 2027–28 fiscal years. The bill would exempt those contracts and agreements from the above-described requirement of approval by the Director of General Services. The bill would provide, for purposes of those contracts and agreements, that developing a research farm pursuant to the research farm provisions of Proposition 4 includes constructing a new research farm and maintaining, altering, or improving an existing research farm previously constructed by the Agricultural Experiment Station or the Agricultural Research Institute. This bill would provide, for purposes of the research farm grants, that Agricultural Experiment Stations and Agricultural Research Institutes are designated by the University of California and the California State University.

Existing law provides for the establishment of air pollution control districts and air quality management districts and prescribes the membership of the governing boards of air pollution control districts and air quality management districts. Those governing boards comprise combinations of mayors, city council members, and county supervisors, selected as prescribed, except for the governing board of the San Diego County Air Pollution Control District, which has a differently prescribed membership and certain specified duties. This bill would, as of July 1, 2027, prescribe the membership of the governing board of the Imperial County Air Pollution Control District (air district) and prescribe many of those same duties as are required for the San Diego County Air Pollution Control District. In particular, the bill would require the air district to appoint a specified liaison to consult with the United States Navy and the United States Marine Corps, as specified, and create and maintain an internet website providing access to specified information, including, among other information, the agendas and minutes of the governing board of the air district and all current and pending permit information and settled enforcement actions. The bill would require the district, in establishing the internet website, to establish a process for permitholders that have sensitive operations to request that physical identifying information be redacted from the publicly posted information. The bill would require that air monitoring data be made available to the public on the internet website within a reasonable period of time, as specified, and would require the governing board of the district to establish an air monitoring data program, as provided. The bill would require the air district, by January 1, 2029, to post all applications for an authority to construct or permit to operate. By requiring local governments to appoint members to the air district governing board in a specified manner and by adding to the duties of the air district, this bill would impose a state-mandated local program. This bill would specify the continuing funding sources for the air district. This bill would make certain provisions inoperative on July 1, 2027, and would repeal these provisions as of January 1, 2028. This bill would make legislative findings and declarations as to the necessity of a special statute for the Imperial County Air Pollution Control District. The California Constitution requires local agencies, for the purpose of ensuring public access to the meetings of public bodies and the writings of public officials and agencies, to comply with a statutory enactment that amends or enacts laws relating to public records or open meetings and contains findings demonstrating that the enactment furthers the constitutional requirements relating to this purpose. This bill would make legislative findings to that effect. 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.

Proposition 117, an initiative measure approved by the electors at the June 5, 1990, direct primary election, enacted the California Wildlife Protection Act of 1990. The act creates the Habitat Conservation Fund and requires the moneys in the fund to be used for specified purposes generally relating to the acquisition, enhancement, or restoration of wildlife habitat. The act requires the Controller, until June 30, 2020, to annually transfer $30,000,000 from the General Fund to the Habitat Conservation Fund, less any amount transferred to the Habitat Conservation Fund from specified accounts and funds. The act, until July 1, 2020, continuously appropriates specified amounts from the Habitat Conservation Fund to the Department of Parks and Recreation, the State Coastal Conservancy, the Santa Monica Mountains Conservancy, and the California Tahoe Conservancy, and continuously appropriates the balance of the fund to the Wildlife Conservation Board. Chapter 31 of the Statutes of 2019 requires the Controller to continue to annually transfer $30,000,000 from the General Fund, less any amount transferred to the Habitat Conservation Fund from specified accounts and funds, to the Habitat Conservation Fund until June 30, 2030, and continuously appropriates that amount on an annual basis in the same proportions to the specified entities until July 1, 2030. This bill would require the Controller to continue to annually transfer $30,000,000 from the General Fund, less any amount transferred to the Habitat Conservation Fund from specified accounts and funds, to the Habitat Conservation Fund until June 30, 2035, and would continuously appropriate that amount on an annual basis in the same proportions to the specified entities described above until July 1, 2035.

Existing law, the California Coastal Act of 1976, among other things, requires anyone wishing to perform or undertake any development in the coastal zone, except as specified, in addition to obtaining any other permit required by law from any local government or from any state, regional, or local agency, to obtain a coastal development permit from the California Coastal Commission or local government, as provided. This bill, upon appropriation, would authorize the commission to authorize blue carbon demonstration projects, as defined, in order to demonstrate and quantify the carbon sequestration potential of these projects to help inform the state's natural and working lands and climate resilience strategies. The bill, upon appropriation, would, among other things, authorize the commission to require an applicant with a nonresidential project that impacts coastal wetland, subtidal, intertidal, or marine habitats or ecosystems to build or contribute to a blue carbon demonstration project as mitigation for those impacts.

By Executive Order No. N-82-20, Governor Gavin Newsom directed the Natural Resources Agency to combat the biodiversity and climate crises by, among other things, establishing the California Biodiversity Collaborative and conserving at least 30% of the state's lands and coastal waters by 2030. Existing law provides that it is the goal of the state to conserve at least 30% of California's lands and coastal waters by 2030, known as the 30x30 goal. On April 22, 2022, the Natural Resources Agency issued the "Pathways to 30x30 California: Accelerating Conservation of California's Nature" report and existing law requires the Secretary of Natural Resources Agency to prepare and submit an annual report to the Legislature on progress made toward achieving the 30x30 goal, as provided. This bill would, to further specified findings of the Pathways to 30x30 Report, require the agency to develop strategies to reduce barriers and increase support for stewardship of conserved lands. The bill would require the agency to collaborate with stakeholders, California Native American tribes, and relevant state agencies to prepare a section on stewardship as part of the 2027 annual report on progress made toward achieving the 30x30 goal, which the bill would require to include, among other things, recommendations to increase and improve stewardship of 30x30 lands, including innovative ways to reduce barriers and increase federal, state, and local support for stewardship, as specified. The bill would require the update to be posted on the agency's internet website.

Existing law establishes the Ocean Protection Council in state government to, among other things, establish policies to coordinate the collection, evaluation, and sharing of scientific data related to coastal and ocean resources among agencies. Existing law requires the council to develop and implement a voluntary sustainable seafood promotion program for the state, to consist of specified components, including a competitive grant and loan program for eligible entities, including, but not limited to, fishery groups and associations, for the purpose of assisting California fisheries in qualifying for certification to internationally accepted standards for sustainable seafood. This bill would, subject to the availability of funding, require the council to participate, as a stakeholder and in an advisory capacity, in the Protecting Blue Whales and Blue Skies Program with air pollution control districts and air quality management districts along the coast and other stakeholders to support, in an advisory capacity, coastal air districts in their efforts to implement a statewide voluntary vessel speed reduction and sustainable shipping program for the California coast in order to reduce air pollution, the risk of fatal vessel strikes on whales, and harmful underwater acoustic impacts. The bill would authorize the expansion of the existing Protecting Blue Whales and Blue Skies Program to include specified components, including incentives to program participants based on a percentage of distance traveled by a participating vessel at a reduced speed, as provided. The bill would limit application of the program to vessels that are 300 gross tons or greater. The bill would require the participating air pollution control districts and air quality management districts, on or before December 31, 2029, to submit a report to the Legislature regarding the implementation of the program.