Existing law establishes the Department of Fish and Wildlife and sets forth the duties of that department, which include administering various programs for the protection and conservation of fish and wildlife. Existing law authorizes the department to take feasible actions to conserve monarch butterflies and the unique habitats they depend upon for successful migration. Existing law, the California Coastal Act of 1976, among other things, establishes the California Coastal Commission and provides for planning and regulation of development in the coastal zone, as defined. This bill would require, on or before July 1, 2028, the department, in coordination with the commission, to identify known monarch butterfly overwintering habitat sites in the coastal zone and current local government monarch butterfly overwintering habitat management plans or policies. The bill would also require, on or before July 1, 2029, the department, in coordination with the commission, to develop and provide guidance on model policies to be used by a local government for the protection of monarch butterfly overwintering habitat, including habitat restoration and enhancement. The bill would require, after the above-described guidance on model policies is finalized, a local government with a monarch butterfly overwintering habitat site located within its jurisdiction and the coastal zone, as described, to, on or before July 1, 2031, develop and implement enforceable monarch butterfly overwintering habitat site protection policies, as provided. By imposing additional duties on a local government, the bill would impose a state-mandated local program. The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. This bill would provide that, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above.
(1) 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 requires the Office of Land Use and Climate Innovation to prepare and propose guidelines for the implementation of CEQA by public agencies and requires the Secretary of the Natural Resources Agency to certify and adopt the guidelines. CEQA requires the guidelines to include a list of classes of projects that have been determined not to have a significant effect on the environment and that are exempt from CEQA, commonly known as categorical exemptions. This bill would define "data center" for the purposes of CEQA and prohibit the application of categorical exemption to a project for the development and operation of a data center, as specified. By increasing the duties of a lead agency in relation to the environmental review of a data center project, this bill would impose a state-mandated local program. (2) The Jobs and Economic Improvement Through Environmental Leadership Act of 2021 authorizes the Governor, until January 1, 2032, to certify environmental leadership development projects that meet specified requirements for certain streamlining benefits related to CEQA. The act, among other things, requires a lead agency to prepare the record of proceedings for an environmental leadership development project concurrent with the administrative process and to provide a specified notice within 10 days of the Governor certifying the project. The act specifies the process for the quantification and mitigation of impacts from emissions of greenhouse gases of certain environmental leadership projects, as provided. The act is repealed by its own terms on January 1, 2034. This bill would authorize the Governor to certify a data center project that is certified by the lead agency to meet specified conditions as an environmental leadership development project. The bill would require the Office of Land Use and Climate Innovation, in consultation with the State Energy Resources Conservation and Development Commission and other state agencies, as necessary, to develop uniform statewide standards for satisfying those conditions for data centers, as specified. The bill would also authorize the Governor to certify a geothermal powerplant that is certified by the lead agency to meet certain criteria as an environmental leadership development project. The bill would require the quantification and mitigation of impacts for emissions of greenhouse gases of a data center project and geothermal powerplant projects to be determined in the same manner as for those certain environmental leadership projects. By increasing the duties of a lead agency, the bill would impose 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 no reimbursement is required by this act for a specified reason.
The Planning and Zoning Law requires each county and city to adopt a comprehensive, long-term general plan for the physical development of the county or city, and of any land outside its boundaries that bears relation to its planning. Existing law authorizes the legislative body of a county or city to adopt ordinances that, among other things, regulate the use of buildings, structures, and land as between industry, business, residences, open space, and other purposes, as provided. For these purposes, existing law authorizes the legislative body to divide a county or city into zones, but requires that regulations adopted be uniform for each class or kind of building or use of land throughout each zone. The California Environmental Quality Act (CEQA) requires a lead agency, as defined, to prepare 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. This bill, the Public Lands Protection Act, would, upon transfer to any private or nonfederal entity of a parcel of land located within the state that is owned by the United States government on or after January 1, 2025, and that has been designated in an adopted general plan or zoning ordinance as open space, public land, resource conservation, or an equivalent conservation-oriented designation, immediately subject that parcel to the zoning designation and associated state and local restrictions. The bill would also, upon transfer of a parcel of land located within the state that is owned by the United States government on or after January 1, 2025, and that has not been designated in an adopted general plan or zoning ordinance at the time of transfer to any private or nonfederal entity, automatically subject that parcel to the most restrictive conservation-oriented zoning designation currently applied in the jurisdiction, by operation of law. The bill would prohibit a parcel of land governed by these provisions from being rezoned, subdivided, or granted any development entitlement that is inconsistent with a conservation-oriented zoning designation, unless certain requirements are satisfied, including that a full environmental impact report is completed in accordance with CEQA. Notwithstanding these provisions, the bill would require electric infrastructure and clean energy facilities necessary to achieve California's climate and decarbonization goals to be deemed permitted uses in a conservation-oriented zoning designation if certain conditions are met. The bill would also exempt certain other parcels from these provisions. This 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. This bill would make these provisions severable. This bill would declare that it is to take effect immediately as an urgency statute.
Existing law requires the Geologic Energy Management Division in the Department of Conservation, on or before March 1, 2025, to identify all low-production wells, as defined, that are located in the County of Los Angeles in an oil field that is adjacent to a state recreation area or state park and is located, in whole or in part, within the boundary of the Baldwin Hills Conservancy, as provided. Existing law prohibits, commencing March 1, 2026, the owners of those wells from allowing those wells to be low-production wells for more than 12 months. Upon a violation of that prohibition, existing law requires the State Oil and Gas Supervisor to charge an administrative penalty of $10,000 per month to the low-production well owner, until the low-production well is plugged and abandoned, as provided. Existing law requires the plugging and abandoning of all wells located in the County of Los Angeles in an oil field that is adjacent to a state recreation area or state park and is located, in whole or in part, within the boundary of the Baldwin Hills Conservancy by December 31, 2030. Existing law requires the supervisor, on and after January 1, 2031, to charge the owner of a well an administrative penalty of $10,000 per month for a violation of that requirement, until the well is plugged and abandoned. Existing law establishes the Equitable Community Repair and Reinvestment Account, requires the above-described administrative penalties to be deposited into the account, and makes the funds from the account available, upon appropriation by the Legislature, to the Department of Conservation for allocation to the County of Los Angeles for projects that benefit communities living within 212 miles of the identified low-production wells, as provided. This bill would require the Department of Conservation, upon appropriation by the Legislature and subject to the terms of the appropriation, to distribute the first $5,000,000 deposited into the Equitable Community Repair and Reinvestment Account, after accounting for appropriations made for administrative purposes, to the County of Los Angeles to establish a program to disburse in direct cash assistance in equal amounts to households located within 212 miles of the identified low production wells who have at least one member with respiratory or reproductive health impacts. The bill would, among other things, require the county to establish processes for households to verify that they meet the residency and health-impact requirements, as provided. The bill would require the application process for direct cash assistance to be noninvasive, simple, and standardized. The bill would limit the disbursement of direct cash assistance to 1,000 households and would require the county to select recipient households by randomized lottery if the number of applications from verified eligible households exceeds 1,000. The bill would exclude this direct cash assistance from income or resource considerations for purposes of determining any member of the household's eligibility for benefits or assistance, or the amount or extent of benefits or assistance, under any state or local benefit or assistance program, as provided. The bill would require the department, subject to an appropriation by the Legislature, to distribute to the county for administrative purposes an amount that does not exceed 10% of the programmatic appropriation. By imposing new duties on the County of Los Angeles, 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 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.
The California Land Conservation Act of 1965 (act) , otherwise known as the Williamson Act, authorizes a city or county to contract with a landowner to limit the use of agricultural land to agricultural use if the land is located in an agricultural preserve designated by the city or county, as specified. Existing law authorizes the county or city to cancel a contract under certain circumstances and conditions. Existing law requires the city or county to determine the amount of the cancellation fee, based on the assessor's determination of the fair market value of the land as though it were free of the contractual restriction, that the landowner shall pay if the city and county approves a cancellation of a contract, as specified. Existing law authorizes the city or county to waive the payment or extend the time for making payment if the cancellation is caused by an involuntary transfer or change in the use which may be made of land, the county or city has determined that it is in the best interest of the program to conserve agricultural land use that the payment be either deferred or not required, and the extension is approved by the Secretary of the Natural Resources Agency, as provided. This bill would remove the ability of a city or county to waive payment or extend the time for making payment, as described above. The bill would instead authorize the Secretary of the Natural Resources Agency, upon application by the landowner, to waive payment or extend the time for making payment, as described above, if either the cancellation is caused by an involuntary transfer or change in the use which may be made of the land, as described above, or the cancellation is to facilitate a photovoltaic solar facility that meets specified conditions. The bill, until January 1, 2037, would require the secretary to approve a completed application for extension of making the payment by a landowner if it includes certain items, as provided, and would require the secretary to waive payment if the landowner attests and provides proof to the secretary that a solar project has been constructed on the property. The act deems a contract null and void upon acquisition of the land subject to the contract in an eminent domain action or upon acquisition of land in lieu of eminent domain, as provided. The Jobs and Economic Improvement Through Environmental Leadership Act of 2021 authorizes the Governor, until January 1, 2032, to certify, among other projects, a clean renewable energy project that generates electricity exclusively through wind or solar, as specified, for certain streamlining benefits. This bill would additionally deem a contract null and void when that land is approved for use as a photovoltaic solar facility certified under the Jobs and Economic Improvement Through Environmental Leadership Act of 2021, as provided.
Existing law requires the State Energy Resources Conservation and Development Commission (Energy Commission) , in consultation with specified entities, to adopt a biennial integrated energy policy report containing certain information, including an overview of major energy trends and issues facing the state. This bill would require the Energy Commission, in the next update to the biennial integrated energy policy report after January 1, 2027, and subject to available funding, to adopt a virtual power plant deployment plan. The bill would require the Energy Commission, in developing the plan, to take certain actions, and would require that the plan meet specified requirements. Existing law requires the Energy Commission, in consultation with the Public Utilities Commission and the Independent System Operator, to adopt a goal for load shifting to reduce net peak electrical demand and adjust this target in each biennial integrated energy policy report thereafter. This bill would require each electrical corporation to annually report to the Energy Commission its contribution towards meeting that load-shift goal.
The Bergeson-Peace Infrastructure and Economic Development Bank Act establishes the California Infrastructure and Economic Development Bank (I-Bank) in the Governor's Office of Business and Economic Development, governed by a board of directors. The act, among other things, authorizes the I-Bank to make loans, issue bonds, and provide financial assistance for various types of projects that qualify as economic development or public development facilities. The Climate Catalyst Revolving Loan Fund Act of 2020 authorizes the I-Bank, under the Climate Catalyst Revolving Loan Fund Program, to provide financial assistance to any eligible sponsor or participating party in connection with the financing or refinancing for eligible climate catalyst projects, as defined, either directly to the sponsor or participating party or to a lending or financial institution, as specified. The act, beginning in the 2021–22 fiscal year, requires the I-Bank to adopt a climate catalyst financing plan, as specified, after meeting and conferring with prescribed authorized consulting agencies concerning specific categories of climate catalyst projects. The act establishes the Climate Catalyst Revolving Loan Fund as a continuously appropriated fund for the purpose of implementing the objectives and provisions of the act. This bill would authorize the I-Bank to provide financial assistance in connection with the financing or refinancing of an additional category of climate catalyst projects, those projects that enable the capture and conversion of data centers' waste heat, with the State Energy Resources Conservation and Development Commission (Energy Commission) as the consulting agency. If multiple projects seek funding under this category of climate catalyst projects, the bill would require the consulting agencies to prioritize funding based on state policy and on financial considerations, as determined by the Energy Commission. By expanding the purposes for which moneys in the fund may be expended, the bill would make an appropriation.
Existing law requires the State Energy Resources Conservation and Development Commission (Energy Commission) , in consultation with the specified entities, to adopt a biennial integrated energy policy report containing certain information in a specified format. Existing law requires the Energy Commission, in consultation with the Public Utilities Commission and the Independent System Operator, to adopt a goal for load shifting to reduce net peak electrical demand and adjust this target in each biennial integrated energy policy report thereafter. This bill would require the Energy Commission, in consultation with specified entities, to analyze the cost-effectiveness of specific load flexibility programs and other types of load-shifting interventions and identify both the approximate amount of load shifting and the cost-effectiveness of each type of load-shifting intervention in the next update to the biennial integrated energy policy report after January 1, 2027, as provided. The bill would require the Energy Commission, as part of each integrated energy policy report, to estimate each retail supplier's load-shifting potential, giving consideration to certain factors, as specified. The bill would require the Energy Commission, on or before July 1, 2028, and biennially thereafter, to analyze and publish the amount of load shifting that each retail supplier achieved in the prior calendar year.
Existing law requires the State Energy Resources Conservation and Development Commission (Energy Commission) to biennially adopt an integrated energy policy report, as specified, and to make the reports accessible to state, local, and federal entities and to the general public. This bill would require the Energy Commission to establish a process for the owner of a data center, as defined, to submit the power usage effectiveness ratio, as defined, for the data center to the Energy Commission on a biannual basis, and require the owner of a data center to submit this information for the data center in the manner and timeframe specified by the Energy Commission. The bill would require the Energy Commission, as part of the 2027 edition of the integrated energy policy report, to include an assessment of electrical load trends for data centers, as provided. Existing law vests the Public Utilities Commission (PUC) with regulatory authority over public utilities, including electrical corporations. Existing law authorizes the PUC to fix the rates and charges for every public utility, and requires that those rates and charges be just and reasonable. This bill would require the PUC to assess the extent to which electrical corporation costs associated with new loads from data centers result in cost shifts to other electrical corporation customers, as provided, and require the PUC, on or before January 1, 2027, to submit the assessment to the relevant policy committees of the Legislature and to publicly post a copy of the assessment on the PUC's internet website. Existing constitutional provisions require that a statute that limits the right of access to the meetings of public bodies or the writings of public officials and agencies be adopted with findings demonstrating the interest protected by the limitation and the need for protecting that interest. This bill would make legislative findings to that effect.
