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 defines "environment" and "significant effect on the environment" for its purposes. CEQA requires the EIR to include a detailed statement setting forth specified facts. This bill would expand those definitions to include impacts on people, as specified. The bill would additionally require the lead agency to include in the EIR a detailed statement on any significant effects that may result from locating the proposed project near, or attracting people to, existing or reasonably foreseeable natural hazards or adverse environmental conditions. Because the lead agency would be required to undertake this additional consideration, 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.
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.
Existing law, the Contractors State License Law, provides for the licensure and regulation of contractors by the Contractors State License Board. Existing law prohibits contractors from performing specified acts. Existing law requires the Department of Resources Recycling and Recovery or another state agency tasked to manage contracts for wildfire debris cleanup and removal by the Office of Emergency Services to prequalify contractors to enter into contracts to perform prescribed wildfire debris cleanup and removal work in communities impacted by wildfires. Notwithstanding the prequalification requirement, this bill would prohibit a contractor from engaging in debris removal that includes hazardous materials on residential or commercial property that is damaged or destroyed by a natural disaster for which an emergency or major disaster is declared, unless the contractor has one of the specified licenses or classifications, as provided. The bill would require any licensee authorized to perform debris removal that includes hazardous materials under these provisions to have passed an approved hazardous substance certification examination and comply with hazardous waste operation and emergency response requirements, as specified.
Existing law requires the Department of Forestry and Fire Protection to do certain things with respect to fire prevention, including organizing fire crews and patrols. This bill would require, upon appropriation by the Legislature, the Department of Forestry and Fire Protection, the Office of Emergency Services, and the Department of Toxic Substances Control, in consultation with specified entities, to form a workgroup related to exposure to toxic heavy metals after a wildfire. The bill would require the workgroup to do certain things, including establishing best practices and recommendations for wildfire-impacted communities, first responders, and other personnel engaged in wildfire response and cleanup to avoid exposure to heavy metals after a wildfire, including outreach. The bill would authorize the Department of Forestry and Fire Protection to contract with public universities, research institutions, and other technical experts to support the work of the workgroup. The bill would require the Department of Forestry and Fire Protection, the Office of Emergency Services, and the Department of Toxic Substances Control to report their findings to the Legislature not more than 3 years after the convening of the first meeting of the workgroup.
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. This bill would require, on and after January 1, 2027, for a project, located in a geographic area for which the Governor declared a state of emergency on or after January 1, 2023, that is to maintain, repair, restore, demolish, or replace property or facilities damaged or destroyed by wildfire, and the project is not otherwise exempt from CEQA, as specified, the lead agency to prepare the record of proceeding concurrently with the administrative process. The bill would also require an action or proceeding brought to attack, review, set aside, void, or annul the certification of an environmental impact report, or the adoption of a negative declaration or mitigated negative declaration, for the project to be resolved, to the extent feasible, within 270 calendar days of the filing of the certified record of proceedings. The bill would require an applicant to agree to pay the costs of the trial court and court of appeal in hearing and deciding any action or proceeding brought under these provisions, as provided. The bill would require the Judicial Council to adopt rules of court to implement these requirements. The bill would require the project to be consistent with the applicable zoning and land use ordinances. By requiring a lead agency to prepare the record of proceedings concurrently with the administrative process, 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.
