6sfa09

NOTE: * denotes urgency legislation

Air Pollution
Solid Waste Management
Coastal Resources
Environmental Quality
Forestry
Endangered Species
Miscellaneous

Air PollutionSB 257 (Killea-I) - Congestion Relief Programs: Funding Requires the San Diego Air Pollution Control District to allocate, until July 1, 1999, a specified portion of revenues from local vehicle registration air pollution fees for purposes of congestion relief programs. Requires an annual allocation of $1 million to $1.25 million for the congestion programs, and makes any increase in the local vehicle registration fee contingent upon the adoption of a detailed expenditure plan. (Died in Senate Transportation Committee) SB 807 (Monteith-R) - Compliance Authorizes an air pollution control district or air quality management district to enter into a compliance agreement or mutual settlement agreement with noncomplying facilities in lieu of the imposition of criminal or civil penalties. (Died in Senate Local Government Committee) SB 812 (Monteith-R) - Particulate Matter Limits particulate matter in specified provisions to 3.5 microns or less. Prohibits the Air Resources Board (ARB) from adopting or revising particulate matter standards while the EPA is considering criteria of standards for particulate matter. Requires the ARB to develop and implement a research program and report to the Legislature. (Died in Senate Governmental Organization Committee) SB 828 (Alquist-D) - Radioactive Air Emissions Provides the Department of Health Services with the legal authority to regulate radionuclide air emissions under the provisions of National Emission Standards for Hazardous Air Pollutants for federal facilities under the Clean Air Act. Chapter 752, Statutes of 1996 SB 836 (Lewis-R) - South Coast District: Rules and Regulations Makes Rules 1501 and 1501.1 of the South Coast Air Quality Management District void and requires the district to amend its Rule 2202 to raise the worksite employee threshold to 250. Requires the district to provide $1,500,000 annually to the Regional Transportation Agencies Coalition to be used for marketing and client services to maximize voluntary ridesharing. Chapter 993, Statutes of 1996 SB 1039 (Rogers-R) - Emission Reductions: Offsets Authorizes a stationary source to mitigate emission increases by obtaining offsetting emission reduction from a source located in any other area of the state. (Died in Senate Governmental Organization Committee) SB 1116 (Monteith-R) - Air Toxics "Hot Spots" Modifies the Air Toxics "Hot Spots" Information and Assessment Act to eliminate reporting requirements for specified facilities and reduces fees used to support the program. (Died in Senate Appropriations Committee) SB 1175 (Killea-I) - Motor Vehicles: Fees Authorizes the Air Resources Board to impose an unspecified vehicle registration fee on vehicles in non-attainment areas to fund programs to reduce mobile source pollution. (Died in Senate Transportation Committee) SB 1518 (Hurtt-R) - Districts: Budget: Revenues Requires the South Coast Air Quality Management District and any other district that has an annual budget of $50 million or more, as of July 1, 1997, to periodically transmit all of its revenues, including any fines or penalties, to the State Treasurer for deposit in a newly created Air District Fund. Requires the money in the fund to be available, upon legislative appropriation, for the administration of the district. Prohibits the South Coast District and any other district that has an annual budget of $50 million or more from making expenditures after July 1, 1997, except to carry out a labor contract, unless the funds are appropriated by the Legislature. Requires the district to use any funds not expended on or before the end of the fiscal year to reduce fees for the following fiscal year. (Failed passage in Senate Local Government Committee SB 1601 (Lewis-R) - South Coast Air Quality Management District: Budget Prohibits the budget of the South Coast Air Quality Management District from exceeding the level of the 1996-97 fiscal year. (Failed passage in Senate Local Government Committee) SB 1602 (Lewis-R) - South Coast Air Quality Management District Board Reduces South Coast Air Quality Management District's governing board from 12 appointed members to 9 members (5 elected and 4 appointed). Imposes term limits and changes the current requirement for staggering terms. (Failed passage in Senate Local Government Committee) SB 1603 (Lewis-R) - Districts: Indirect Source Deletes provisions of existing law that authorize the air districts to regulate and control emissions from indirect sources such as buildings, shopping centers, etc. Prohibits the south coast district and other local or regional entities within the district from regulating indirect sources. Requires the south coast district, not later than January 1, 1998, to adopt specified emission reduction measures sufficient to replace the emission reductions that would have been expected to be achieved by the removed or withdrawn provisions. Requires that any shortfall in emission reductions as a result of this bill be replaced with direct light-duty mobile source emissions reductions. Authorizes the districts to establish programs to identify gross polluters and to require vehicles to be tested at test-only stations. (Died in Senate Transportation committee) SB 1817 (Hurtt-R) - Districts: Rules and Regulations Requires each air pollution control district and air quality management district to establish by March 1, 1997 a procedure by which any pollution source may identify one or more regulations that duplicate, overlap or conflict with air quality regulations, guidance, policies, and/or procedures established by the federal government. Requires a district to amend its rules and regulations to comply with federal law if any inconsistency, duplication, overlap, or conflict exists among federal, state, and local requirements. (Died in Senate Local Government Committee) SB 1880 (Lewis-R) - Portable Internal Combustion Engines Defines portable equipment and redefines portable internal combustion engines and specifies types of portable equipment. Chapter 998, Statutes of 1996 SB 1888 (Mello-D) - Visibility Obscurants Adds the use of "fog oil" for military training and equipment testing by the U.S. Department of Defense to the list of sources that are exempt from state air opacity requirements. Chapter 299, Statutes of 1996 SB 1928 (Johnston-D) - Districts: Rules and Regulations Allows air district rules and regulations to be developed for alternative methods of emission compliance that provide equivalent reduction, monitoring and record keeping. Chapter 442, Statutes of 1996 SB 1941 (Dills-D) - Market-Based Incentive Programs Allows stationary sources to use electronic data or computers to comply with emissions monitoring and record keeping requirements, including those related to market-based programs such as RECLAIM (a market-based emissions trading program). (Died in Senate Local Government Committee) SB 1967 (Kopp-I) - Motor Vehicle Fuel: Zero-Emission Vehicles Moves forward the implementation date for zero-emission vehicles by 1 year if nonconforming gasoline or diesel fuel is authorized for sale in California. Moves the implementation date by one additional year for every 15 days that nonconforming fuels are sold in the state. (Died in Senate Transportation Committee) SB 2015 (Leonard-R) - Permitting Policies Authorizes the Air Resources Board to develop uniform, statewide permitting policies including application forms, calculation procedures and permit exemptions. (Died in Senate Governmental Organization Committee) SB 2070 (Hurtt-R) - South Coast Air Quality Management District Prohibits, notwithstanding provisions requiring South Coast Air Quality Management District assistance and expeditious permit processing for small business, the district from requiring any small business, as defined by federal law, to obtain a permit. Requires the district, based on the 1996-97 fiscal year, to reduce its level of revenues and expenditures beginning in the 1997-98 through the 2006-07 fiscal years by 5% of those amounts in each previous fiscal year. Requires that in the 1997-98 and subsequent fiscal years the number of district employees shall not exceed 50% of the number of district employees in the 1996-97 fiscal year. (Failed passage in Senate Local Government Committee) SB 2130 (Hurtt-R) - School Districts States that no regulation adopted by the South Coast Air Quality Management District shall impose any requirement upon any school district, county office of education, or community college district. Provides that specified laws requiring notice of the release of hazardous air contaminants near school sites shall not be affected by the exemption. (Failed passage in Senate Local Government Committee) SB 2170 (Mountjoy-R) - Market-Based Incentive Programs Requires air districts to allow the use of electronic or computer data storage to comply with emission reduction and record keeping rules. Prohibits the South Coast Air Quality Management District from requiring waivers of the right to petition for hearing board variances in the establishment of trading programs and prohibits air districts from granting variances to trading program emissions caps. Chapter 618, Statutes of 1996 SB 2174 (Polanco-D) - Emission Inventory Update Requires the Air Resources Board, on or before January 1, 1998, and triennially thereafter, to approve, following a public hearing, an update to the emission inventory requirements of the California Clean Air Act, as specified. Chapter 763, Statutes of 1996 AB 177 (Mountjoy-R) - Air Pollution Requires the Legislative Analyst to prepare and transmit to the Legislature by January 1, 1998, a study on the effect on manufacturing businesses in the South Coast Air Quality Management District of specified legislative proposals. (Died in Conference Committee) AB 339 (Richter-R) - Removal of High Polluters Expresses legislative intent to establish an incentive for automobile manufacturers to remove vehicles that are high polluters from highway use, in lieu of producing electric vehicles. (Died in Assembly Transportation Committee) AB 564 (Cannella-D) - Air Toxics "Hot Spots" Exemptions Exempts low priority facilities from the air toxics "hot spots" program unless certain circumstances occur. Exempts medium priority facilities from annual fee requirements under the program in lieu of 4-year inventory update report filing fees. Doubles the period of time available to an air quality district to review and approve facility health risk assessments, from 180 days to 1 year. Chapter 602, Statutes of 1996 AB 712 (Conroy-R) - Zero-Emission Motor Vehicles: Study Requires the Secretary of Trade and Commerce to prepare, by January 1, 1997, a study of the anticipated economic impact on the state resulting from the implementation of specified zero- emission standards. (Died in Assembly Transportation Committee) AB 924 (Rainey-R) - Air Quality Standards Requires each air district which prepares a nonattainment plan to, on or before January 31 of each year, prepare and submit to the Air Resources Board a report which identifies the number of days during the preceding calendar year that each state ambient air quality standard, for which the district's status is nonattainment, was violated at any 1 or more monitoring locations within the district. Prohibits, with respect to any pollutant for which state standards have not been so violated, the adoption of any new or more stringent control measure unless the district prepares an analysis of the costs and benefits of achieving attainment. Chapter 603, Statutes of 1996 AB 1198 (Takasugi-R) - Particulate Matter Research Enacts the Particulate Matter Research Act of 1995 to require the Air Resources Board to implement a particulate matter research program evaluating methods of reducing exposure to particulate matter. Creates the California Particulate Matter Advisory Committee to advise the board on the research program. (Died in Assembly Natural Resources Committee) AB 1240 (Bordonaro-R) - Commercial Space Programs Provides, applicable only to Santa Barbara, Kern and San Luis Obispo Counties, that each commercial space program is a separate stationary air emission source if it meets certain requirements. Chapter 721, Statutes of 1996 AB 1318* (Kuehl-D) - Zero Emission Vehicles Provides a partial sales tax exemption from the sales of specified zero-emission vehicles. (Failed passage in Assembly Appropriations Committee) AB 1675 (Goldsmith-R) - Diesel Vehicles Prohibits the operation of a heavy-duty diesel powered truck engine or truck tractor older than 1987, except emergency or military vehicles, unless certain conditions are met. Requires the Air Resources Board to complete a study by July 15, 1998 on the restrictions added by the bill. (Died on Assembly Inactive File) AB 1849 (Sher-D) - Volatile Organic Compounds Requires the Air Resources Board to achieve the maximum feasible reduction in volatile organic compounds rather than reactive organic compounds emitted by consumer products only if data exist to establish that regulations are necessary to attain state and federal air standards, and that regulations are commercially and technologically feasible and necessary. Also requires that the regulations not eliminate a product form (for example, spray paint, aerosol deodorant and hair spray). Permits a noncompliant consumer product to be offered for sale or supplied for 3 years after standards are adopted by the board, under certain circumstances. Chapter 766, Statutes of 1996 AB 1855* (Sher-D) - Emission Limits Prohibits the Air Resources Board or any air quality control entity from imposing a discharge requirement on emissions of visible smoke, as specified, from any diesel engine or generator used exclusively to operate a drinking water system in specified circumstances. Chapter 25, Statutes of 1996 AB 2243 (Alpert-D) - Gasoline Vapor Control Systems Prohibits air pollution control and air quality management districts from adopting or enforcing procedures or performance standards governing gasoline vapor control systems which are more strict than state standards, except as otherwise provided by law, after July 1, 1995. Prohibits districts from requiring the retrofitting, removal, or replacement of any existing system, which is installed and operating in compliance with applicable requirements, before a specified 4-year period, except as specified. Prohibits, when stricter performance standards or procedures are allowed, the implementation of such standards until at least 2 systems meeting those standards have been certified by the Air Resources Board. Prohibits air districts from requiring the testing of certain vapor control systems, as specified. Chapter 426, Statutes of 1996 AB 2366 (Baugh-R) - Air Quality: Reactive Organic Compounds Limits enforcement action against a "retailer" unless the Air Resources Board (ARB) or air district determines that the retailer knowingly sold or offered for sale a noncompliant consumer product. Also limits enforcement actions only against the manufacturer unless the ARB or air district demonstrates that an independent distributor imported the product into California without the manufacturer's knowledge. (Died in Senate Appropriations Committee) AB 2369* (Takasugi-R) - Title V Permits Clarifies that a district permit system established to meet federal (Title V) requirements shall apply to sources, by deleting the requirement that only "stationary" sources are required to be included in a federal permit program. In addition to the current law's requirement that districts identify which terms and conditions are federally enforceable because they are federally required, mandates that air districts identify such terms and conditions, and the federal enforceability thereof, when requested by the source and the permitting district has not determined that the request does not meet all applicable federal requirements and guidelines. Chapter 984, Statutes of 1996 AB 2489* (Firestone-R) - Vehicles: Zero-Emission Requires the Air Resources Board, in consultation with the Energy Resources Conservation and Development Commission and the Trade and Commerce Agency, to adopt standards for electric buses, also referred to as high-occupancy zero-emission vehicles, to qualify for a state sales tax exemption. (Died in Senate Appropriations Committee) AB 2525 (Miller-R) - Offsets: Attainment Plans: Permits Requires that offsets credited to air emissions reductions obtained in another air district be approved by governing board resolutions of each district or the air pollution control officer of each district, if authorized by the respective boards to make such approvals. Modifies "bump up" requirements for non-attainment districts with moderate and serious air pollution. Revises the criteria for designation of a district as nonattainment-transitional. Prohibits districts from requiring emissions offsets from any emission increase at a source that is the result of emission reduction compliance, as specified. Chapter 771, Statutes of 1996 AB 2573 (Bowler-R) - Motor Vehicle Fuel: Blending Components Prohibits, with specified exceptions, the adding of any blending component to a finished California motor vehicle fuel, or the blending of components outside a specified facility resulting in a violation of a downstream fuel standard. Also requires any person who adds blending components to finished California motor vehicle fuel or who blends finished California motor vehicle fuel to meet prescribed requirements. Vetoed by the Governor AB 2607 (Morrissey-R) - Air Toxics Emission Assessments and Plans Repeals the Air Toxics "Hot Spots" Information and Assessment Act of 1997, effective Janu- ary 1, 1998, unless a later enacted statute extends the act's life and is enacted before January 1, 1998. Requires that the Air Resources Board submit to the Legislature a detailed report summarizing the board's findings concerning the act by January 1, 1998. (Died in Senate Toxics and Public Safety Management Committee) AB 2635 (Morrissey-R) - Portable Internal Combustion Engines Revises the requirements for pollution control regulations on portable internal combustion engines by the Air Resources Board. Chapter 429, Statutes of 1996 AB 2666 (Knight-R) - Antelope Valley Air Pollution Control District: Creation Creates, as of July 1, 1997, the Antelope Valley Air Pollution Control District, and establishes the composition of membership on the district's governing board. Chapter 542, Statutes of 1996 AB 2809 (Rainey-R) - Toxic Air Contaminants: Landfill Gas Control Methods Requires the Air Resources Board to analyze and prepare a report by July 1, 1997 on landfill gas control technologies, including their economic impact in terms of emission credit and revenue generation. Chapter 736, Statutes of 1996 AB 2912 (Machado-D) - Negative Declarations Requires each air district to develop a process for certifying, at the request of the lead agency, that a project may have a significant effect on the environment by contributing to air pollution. Allows the lead agency to adopt a negative declaration for any projects whose only potential significant effect on the environment is air pollution, if the air district has certified the project's potential for air pollution. (Died in Assembly Natural Resources Committee) AB 2937 (Brulte-R) - Minor Violations: Air Pollution Requires the Air Resources Board, air pollution control and air quality management districts, the Water Resources Control Board, and the regional water quality control boards to adopt regulations classifying minor violations. Defines the term "notice to comply" and requires a representative of those agencies who, in the course of conducting an inspection, detects a minor violation, to issue a notice to comply. Requires the Air Resources Board and the Water Resources Control Board to report to the Legislature by January 1, 2000, regarding implementation of the bill. Chapter 775, Statutes of 1996 AB 2981 (Brewer-R) - Market-Based Incentive Programs: South Coast Air Quality Management District Defines a "trading program with capped emissions" or "emission capped trading program" as a market-based incentive program that permits compliance with emissions caps by acquiring marketable emission credits. Provides that the South Coast Air Quality Management District may prohibit hearing boards from granting variances from market-based incentive programs when emission monitoring or reporting systems are not properly operating. Also permits the district to prohibit variances from the minimum federal requirements for toxic standards or new source performance standards unless the district rule is more stringent than the federal requirement or the petitioner has obtained a waiver from the Environmental Protection Agency of the federal requirement. Chapter 609, Statutes of 1996 AB 3046 (Olberg-R) - Market-Based Incentive Program Accelerates, for certain air districts, the application of an existing provision in law that allows, until January 1, 1999 and statewide thereafter, the use of market-based incentives to reduce emissions in the South Coast Air Quality Management District and Ventura County. Also makes minor technical changes to the program. Chapter 610, Statutes of 1996 AB 3047 (Olberg-R) - Stationary Sources: Demolition or Removal Prohibits air districts from requiring emissions reductions offsets in connection with the demolition of stationary sources and from requiring new permits on previously permitted equipment under certain circumstances. Chapter 284, Statutes of 1996 AB 3048 (Olberg-R) - Air Pollution Revises and deletes various provisions of the California Clean Air Act. Chapter 777, Statutes of 1996 AB 3206 (Escutia-D) - South Coast Air Quality Management District Requires the South Coast Air Quality Management District board to annually evaluate the performance of the south coast district executive officer using specified criteria. Mandates dismissal of the executive officer for failure to successfully and adequately meet the required performance standards. Requires the south coast district board, as part of its budget process, to forward to the Air Resources Board and the Legislature its annually adopted business plan and long-range strategic plan. (Died in Assembly Natural Resources Committee) AB 3248 (Napolitano-D) - South Coast Air Quality Management District Establishes the South Coast Air Quality Management District office of public advisor and local governmental and small business assistance with specified powers and duties. (Died in Senate Local Government Committee) AB 3319 (Ducheny-D) - Attainment Plans Allows an air district that does not have extreme air pollution to eliminate the no-net-increase permitting program in its attainment plan if the air district and the Air Resources Board (ARB) take specified review actions. Requires the air district, upon a subsequent review and determination by the ARB that such a program is required, to adopt and implement the permitting program. In addition, authorizes, in air districts that eliminate no-net-increase permitting programs, the trading of emission credits generated by the rice straw burning phase-down program. Chapter 1092, Statutes of 1996 Solid Waste ManagementSB 177 (Hughes-D) - Glass Container Manufacturers Provides glass manufacturers with a credit toward their minimum recycled content for glass diverted from the waste stream to other than the manufacturer of new glass containers. (Died in Senate Natural Resources and Wildlife Committee) SB 387 (Mountjoy-R) - Material Recovery Facility Prohibits a local enforcement agency from issuing a permit for a material recovery facility that meets certain conditions unless the cities involved enter into a joint powers agreement. (Failed passage in Senate Governmental Organization Committee) SB 439 (Ayala-D) - Diversion Requirements Makes solid waste diversion requirements applicable to regional agencies. (Died in Senate Governmental Organization Committee) SB 637 (Haynes-R) - Composting: Air Contaminants Makes permanent the exemption of agriculture and composting odors from emission standards. Establishes a method of investigating and enforcing odor complaints from composting facilities at the local level. (Died in Senate Natural Resources and Wildlife Committee) SB 1023 (Johnston-D) - Transfer Stations: Fees Imposes a new fee on solid waste handled at a transfer station for disposal outside the state and requires that the fee reflect only those reasonable and necessary costs associated with administering and regulating the solid waste while it is in California. Requires that the revenue from these fees, after payment of administrative costs of collection, be deposited in the Integrated Waste Management Account. (Died in Senate Governmental Organization Committee) SB 1155 (Maddy-R) - Rigid Plastic Packaging: Cosmetics and Food Exempts cosmetics and food as defined in federal law from the "Rigid Plastic Packaging Container Law" under which the California Integrated Waste Management Board regulates rigid plastic packaging containers. Chapter 754, Statutes of 1996 SB 1163 (Hughes-D) - Glass Containers: Plastic Packaging Containers Exempts glass containers which contain food, medical food or infant formula from minimum postfilled glass requirements. Requires any such containers that are recycled to be included in calculating the annual percentage of postfilled glass. Deletes requirements imposed on manufacturers and trade associations regarding rigid plastic containers manufactured for use with cosmetics or food. (Died in Assembly Natural Resources Committee) SB 1320 (Calderon-D) - Beverage Containers Adds distilled spirits containers to the beverage recycling program. Requires a container with 24 ounces or more to be considered as two containers for the purpose of calculating processing fees. (Died in Senate Natural Resources and Wildlife Committee) SB 1535 (Killea-I) - Recycling Market Development Loan Programs Extends the Recycling Market Development Zone Loan Program from July 1, 1997 to July 1, 2006, including authorizing the transfer of $5 million annually until January 1, 2000 to the Recycling Market Development Revolving Loan Subaccount from the Integrated Waste Management Account, for administration of the program, including the expenditure of funds for protecting the security of program loans, as specified; and makes related technical changes. Chapter 615, Statutes of 1996 SB 1545 (Marks-D) - Electronic Products Recycling Requires the Department of Toxic Substances Control, as part of its regulatory structure update project, not later than June 30, 1997, to review alternative regulatory approaches to promote electronic equipment recycling as prescribed, and to make available to the Legislature any recommendations the department may have on specified matters. Makes related legislative findings and declarations. Vetoed by the Governor SB 1712 (Calderon-D) - Solid Waste Handling Services Repeals Section 49520 of the Public Resources Code, commonly referred to as the "5-year continuation of service" law relative to a solid waste enterprise (hauler) and, instead, enacts a new section that modifies and clarifies the "5-year law." (Died in Senate Governmental Organization Committee) SB 2147 (Killea-I) - Tire Recycling: Fees Increases the tire recycling fee from 25 cents to $2 per tire, and imposes the fee on the sale of a new tire, instead of on a tire left with a tire seller for disposal. (Died in Senate Governmental Organization Committee) AB 242 (Sher-D) - Nonyard Wood Waste Diversion Requires the California Integrated Waste Management Board to assess civil penalties, as specified, against a member of a rural regional agency, instead of imposing the penalty on the entire rural regional agency. Chapter 21, Statutes of 1996 AB 362 (Setencich-R) - Disposal Sites: Federal Regulations Prohibits the State Water Resources Control Board and the Integrated Waste Management Board from adopting or enforcing any regulations with regard to performance standards for liners at solid waste disposal sites that exceed the requirements imposed by the federal Resource Conservation and Recovery Act relating to design criteria or groundwater monitoring. (Died in Senate Governmental Organization Committee) AB 626* (Sher-D) - Integrated Waste Management and Solid Waste Disposal Allows the California Integrated Waste Management Board and the State Water Resources Control Board, at their discretion, to assist counties of less than 250,000 people in preparing a 5-year plan that prioritizes environmental concerns with county fiscal and staffing constraints. Chapter 1038, Statutes of 1996 AB 961 (Gallegos-D) - Facilities: Permits Prohibits an enforcement agency from issuing, modifying or revising a solid waste facilities permit for a disposal facility located within 2,000 feet of family residences, hospitals, day care centers, non-industrial structures or schools. (Failed passage in Assembly Natural Resources Committee) AB 1530* (Richter-R) - Rechargeable Battery Management Program Provides that the Mercury-Containing and Rechargeable Battery Management Act (P.L. 104-142) shall be deemed to be the law of this state with regard to the easy removability, environmental labeling, collection, storage, or transportation of federally regulated batteries. States that it is the intent of the bill to make the necessary changes in state law to allow the Department of Toxic Substances Control to seek and maintain the approval of the Administrator of the Environmental Protection Agency to implement the requirements of the Act. Chapter 575, Statutes of 1996 AB 1647 (Bustamante-D) - Landfills: Alternative Daily Cover: Diversion Defines "diversion" for purposes of the California Integrated Waste Management Act of 1989, and declares that beneficial reuse in the construction and operation of a solid waste landfill, including the use of alternative daily cover, constitutes diversion through recycling. Specifies that pursuant to the California Integrated Waste Management Board's general regulation authority, the board shall adopt rules and regulations prior to December 31, 1997 that establish conditions for the use of alternative daily cover, as specified. Chapter 978, Statutes of 1996 AB 1649 (Cannella-D) - Diversion Goals Provides that nothing in the California Integrated Waste Management Act shall prohibit a city or county from engaging in “other environmentally sound activities” that are designed to exceed source reduction and recycling goals. (Died in Senate Governmental Organization Committee) AB 1902 (McPherson-R) - State Agencies 1. Requires each state agency to implement an integrated waste management program (by October 1, 1996) to comply with the solid waste diversion requirements of 25% by 1995 and 50% by the year 2000, and the Governor's Executive Order W-7-91 requiring all state agencies to implement a number of recycling and reuse diversion practices. 2. Requires each state agency to complete a waste audit (by April 1, 1996) to determine the amount of materials that can be source reduced, recycled composted or reused under the program. 3. Authorizes state agencies to utilize previously initiated diversions (that occurred prior to January 1, 1996) to meet the intended diversion requirements. (Died in Assembly Appropriations Committee) AB 1918 (Ducheny-D) - Beverage Containers: Processing Fees Expands the Beverage Container Recycling Act to include containers which contain wine, fortified wine, distilled spirits and non-carbonated water. (Failed passage in Assembly Natural Resources Committee) AB 2009* (Cortese-RFM) - Solid Waste Facilities: Permits Repeals an existing provision of law that requires the California Integrated Waste Management Board (CIWMB) to non-concur in the issuance, modification, or revision of a solid waste facilities permit, if the CIWMB determines, based on substantial evidence in the record, that issuance of the permit would "prevent" or substantially "impair" achievement of state-mandated diversion requirements. Chapter 271, Statutes of 1996 AB 2108 (Mazzoni-D) - New Tires: Disposal Fee: Waste Tire Haulers Shifts the collection of the tire recycling fee from used tires to new tires, and authorizes specified traffic and peace officers to enforce laws relating to the transportation of waste tires. Chapter 304, Statutes of 1996 AB 2219* (Mazzoni-D) - Community Conservation Corps Authorizes the Department of Conservation to make grants from currently authorized funds in the California Beverage Container Recycling Fund to the 2 community conservation corps (Marin and Tulare) not included in the original law. Also extends, by 1 year, a pilot program in Pacific Beach (San Diego) which allows for the local recycling center to rotate among 5 sites each week, rather than be at a fixed site. Chapter 425, Statutes of 1996 AB 2323 (Brulte-R) - Disposal: Landfill Cover Material: Charges Defines "landfill cover material" for purposes of the California Integrated Waste Management Act of 1989 and specifies that landfill cover material applied in compliance with specified standards, conditions, or measures, as applicable, may not, for the purpose of determining the applicability of any state or local landfill disposal fee, landfill disposal surcharge, landfill disposal excise, or similar landfill disposal impost, be considered to be waste or solid waste. Also specifies that, for the purpose of imposing any such fee, surcharge, excise, or similar impost, the application of landfill cover material may not be considered to constitute landfill disposal or the landfilling of solid waste, except as specified, if the application is in compliance with those standards, conditions, or measures, as applicable. (Died on Senate Inactive File) AB 2467 (Rainey-R) - Enterprises: Collection Service: Displacement Expands authorization for terminating solid waste contracts, franchises, licenses and permits after a change of local organization. (Died in Senate Governmental Organization Committee) AB 2508 (House-R) - Rigid Plastic Packaging Containers Expands the compliance options of the rigid plastic packaging container law by including containers containing floral preservatives that are subsequently reused by the floral industry for at least 2 years. Chapter 511, Statutes of 1996 AB 2558 (Alby-R) - Unlawful Acts Increases the amount of and expands civil penalties under existing law to include the unauthorized removal of recyclables from all designated collection locations, rather than just the residential curbside programs currently protected, and authorizes the California Integrated Waste Management Board to make grants to cities and counties for specified enforcement pilot programs. Chapter 732, Statutes of 1996 AB 2706 (Cannella-D) - Energy Recovery Defines "energy recovery," provides for energy recovery in lieu of transformation, and includes as an authorized waste management practice within a higher priority than landfill disposal, environmentally safe energy recovery at the discretion of the local jurisdiction. Permits energy recovery to be included for the purposes of meeting solid waste diversion requirements for any local source reduction and recycling element submitted to the California Integrated Waste Management Board or that is revised after January 1, 1990. (Died in Senate Appropriations Committee) AB 2744 (Ackerman-R) - Plastic Trash Bags Repeals a provision in law that requires manufacturers that sell plastic trash bags in California to use, beginning January 1, 1997, an amount of recycled plastic postconsumer material in those bags that is equal to 30% of the total weight of the bags and instead, allows manufacturers to meet their 30% recycled plastic requirement in their entire production of plastic trash bags, regardless of where the bags are sold. Revises existing certification provisions to require wholesalers of plastic trash bags of 0.75 mil or greater thickness sold in this state to certify to the California Integrated Waste Management Board the name and physical location of each manufacturer from whom it purchased plastic trash bags. Makes permanent an existing temporary exemption for plastic trash bags that use adhesive, heat-affixed straps attached to the bag during the manufacturing process. (Failed passage in Senate Governmental Organization Committee) AB 2997 (Bustamante-D) - Agricultural and Forest Waste Requires the California Integrated Waste Management Board to conduct a feasibility study by December 31, 1998 on expanding the use of agricultural and forest waste in the production of commercial products. (Died in Senate Appropriations Committee) AB 3022* (Sher-D) - Local Fee Authority: Nonprofit Charitable Reusers Grants local agencies the authority to limit the fees charged nonprofit charitable reusers, as defined, including exempting those organizations from fees imposed on the handling and disposal of donated non-recyclable materials. Chapter 519, Statutes of 1996 AB 3263 (Ackerman-R) - Plastic Ring Devices Requires that plastic rings connecting beverage containers be degradable, as defined, when disposed of as litter, rather than generally degradable, as required by current law. Chapter 990, Statutes of 1996 AB 3285 (Davis-D) - State Agencies Requires every state agency to develop an integrated waste management program in consultation with the California Integrated Waste Management Board no later than January 1, 1998. Requires every state agency to audit, no later than October 1, 1997, the amount of solid waste it generates and to determine the amount of solid waste that can be source reduced, recycled, composted or reused under the program. Requires every state agency to divert at least 25% of the solid waste it generates by July 1, 1998, and 50% by January 1, 2002, based on a specified determination. (Failed passage in Assembly Natural Resources Committee) AB 3345 (Bustamante-D) - Agricultural and Forest Waste Requires the California Integrated Waste Management Board to conduct, by December 31, 1998, a feasibility study to be submitted to the Legislature on expanding the use of agricultural and forest waste in the production of commercial products, as prescribed. Chapter 991, Statutes of 1996 AB 3358 (Ackerman-R) - Solid Waste Management Makes a number of technical, definitional or code clean-up clarifications within the Public Resources, Financial, Government and Public Contract Codes in areas related to solid waste management or programs administered by the California Integrated Waste Management Board. Chapter 1041, Statutes of 1996 AB 3436 (Campbell-D) - Plastics Repeals the law requiring that all rigid plastic bottles and containers sold in California have a label indicating their composition. (Failed passage in Assembly Natural Resources Committee)Coastal ResourcesSB 1637 (Johnson-R) - Coastal Zone Boundaries: Newport Beach Alters the boundaries of the coastal zone by excluding from the zone certain lands within the City of Newport Beach. (Died in Senate Natural Resources and Wildlife Committee) AB 1285 (Hauser-D) - State Coastal Conservancy: Cascade Ranch Allows the State Coastal Conservancy to retain or convey to another public or nonprofit entity conservation easements on agricultural land on the Cascade Ranch property in San Mateo County. Chapter 232, Statutes of 1996 AB 1332 (Knox-D) - Commissions: Membership: Eligibility Prohibits a person who has violated specified environmental statutes from serving on the California Coastal Commission and the San Francisco Bay Conservation and Development Commission. (Died on Senate Inactive File) AB 1431 (Firestone-R) - Local Government: Financial Assistance Requires that any local government financial assistance provided by the state for activities related to offshore energy development shall be prohibited from exceeding 90% of the cost of carrying out the project. Commencing in 1997, makes 50% of the amount of funds received pursuant to Section 8(g) of the Outer Continental Shelf Lands Act over the amount of funds received in 1996 available, on an annual basis, for appropriation to the Secretary of Resources for grants to coastal cities and counties. In addition, revives a requirement whereby the secretary would be required to implement an application process in which funds are appropriated to coastal cities and counties for assistance related to energy development and coastal resources. Chapter 977, Statutes of 1996 AB 2013 (Hauser-D) - Humboldt Bay Harbor, Recreation and Conservation District Revises current law to provide that the $2 million of bonds issued by the Humboldt Bay Harbor, Recreation and Conservation District that may be outstanding at any one time that have not been authorized or approved by election may be for improvements, works, property or facilities authorized by the district act or necessary or convenient for carrying out the powers of the district generally and for improvements, works, property or facilities for maritime industrial or transportation purposes. (Died on Senate Inactive File) AB 2445 (McPherson-R) - Coastal Development Fees: Access Grants Establishes the Coastal Access Account into which would be deposited all development fees paid to the Coastal Commission. Account funds would be, upon appropriation in the Budget, available to the State Coastal Conservancy for grants to public agencies and nonprofits for the development of existing and new facilities that provide public access to the coast. (Died in Senate Appropriations Committee) AB 2659 (Kaloogian-R) - State Coastal Conservancy: City of Carlsbad Adds a program of open field cultivated floriculture and the establishment of “enhancing the use” of natural resources in the coastal zone within the City of Carlsbad as part of the lowest priority for the expenditure of mitigation fees. Authorizes the State Coastal Conservancy to establish a special account in the State Coastal Conservancy Fund for the deposit of mitigation fees collected for development projects within the City of Carlsbad's coastal zone. Chapter 513, Statutes of 1996 AB 2683 (Kaloogian-R) - Mitigation Fees: City of Carlsbad Includes “enhancing the use” of natural resources in the Coastal Zone within the City of Carlsbad as part of the lowest priority for the expenditure of mitigation fees from certain development projects. It includes as part of that lowest priority open field cultivated floriculture. Requires all mitigation fees from the Carlsbad Ranch project to be expended for a program of cultivated floriculture. (Died at Senate Desk)Environmental QualitySB 57 (Leonard-R) - Environmental Quality Exempts from the California Environmental Quality Act any project modification, process change or new equipment meeting specified criteria. (Failed passage in Senate Governmental Organization Committee) SB 200 (Maddy-R) - Environmental Permits: Oversight Creates the Office of Permit Oversight in the California Environmental Protection Agency to monitor and upon request intercede in the processing of environmental permits. (Died in Senate Governmental Organization Committee) SB 216 (Haynes-R) - Lead Agency Determinations Specifies that lead agency determination of whether an environmental impact report, a negative declaration, or a mitigated negative declaration is required for a project shall be sustained if it is supported by substantial evidence in light of the whole record. (Died in Senate Judiciary Committee) SB 841 (Hayden-D) - Environmental Impact Reports: Code of Ethics Requires the Secretary of the Resources Agency to convene a task force for the purpose of developing a code of ethics for preparers of environmental impact reports, negative declarations, or environmental impact statements. (Failed passage in Assembly Appropriations Committee) SB 1071 (Calderon-D) - Environmental Quality Adds a declaration to the California Environmental Quality Act that approving development projects is a delicate task which requires a balancing of interests. (Failed passage in Senate Natural Resources and Wildlife Committee) SB 1676 (Mountjoy-R) - Environmental Impact Reports: Material Recovery Facility Requires lead agencies to hold a public hearing to solicit and respond to comments from neighboring cities and counties regarding a draft environmental impact report (EIR) for a proposed material recovery facility. (Died on Assembly Inactive File) SB 1899 (Alquist-D) - Public Agency Budget Reductions Allows exemptions to California Environmental Quality Act environmental impact reporting requirements on or after July 1, 1995, for public transit agencies that propose to make transit service or program reductions as a result of agency revenue shortfalls. Chapter 500, Statutes of 1996 SB 2083 (Leslie-R) - Anticompetitive Actions and Proceedings Establishes a set of procedures which allow the respondent in a California Environmental Quality Act action to file a motion challenging the standing of the petitioner on the basis that the petitioner has filed the action primarily for the purpose of stifling or preventing economic competition or gaining an economic advantage. (Died in Senate Judiciary Committee) SB 2128 (Haynes-R) - Environmental Impact Reports (EIRs) Overturns the "fair argument" standard and establishes a higher threshold of evidence for requiring the preparation of an EIR. Essentially shifts the burden of proof on opponents to prove with substantial evidence that a project would not have a significant environmental impact rather than may. Also makes other substantive California Environmental Quality Act changes. (Died in Senate Governmental Organization Committee) Similar legislation is AB 3049 (Olberg-R) which died in Senate Governmental Organization Committee. AB 165 (Richter-R) - Action and Proceeding Prohibits a responsible agency from suing a lead agency over the adequacy of an environmental impact report if the responsible agency has received a Notice of Preparation and has failed to respond within the required 30 days, or provide comments or information to the lead agency prior to the close of the public comment period. (Died in Senate Judiciary Committee) AB 298 (Rainey-R) - Environmental Impact Reports: Congestion Management Exempts the development of a congestion management program from the California Environmental Quality Act and makes clarifying changes in related provisions. Chapter 547, Statutes of 1996 AB 333 (Sher-D) - Environmental Quality Amends Public Resources Code Section 21167 limiting the time period for the commencement of an action or proceeding on the grounds of noncompliance with the California Environmental Quality Act for persons making a written request to a public agency for a copy of a specified notice prior to the date of the public agency's decision to carry out or approve the project. (Died in Assembly Natural Resources Committee) AB 423 (Olberg-R) - Environmental Quality: Air Pollution Exempts the issuance, modification, amendment or renewal of any permit, as specified, by an air district from the California Environmental Quality Act in cases where the permit would not authorize a physical or operational change to the facility. (Died in Conference Committee) AB 678 (Woods-R) - Restoration of Land: Disasters Provides an exemption from the California Environmental Quality Act process for repairing damage to land and structures damaged by a natural or manmade disaster. (Died in Senate Governmental Organization Committee) AB 793 (Setencich-R) - Comment Response Authorizes a lead agency to respond to comments received after close of the public review period for an environmental impact report only if the comments present previously unanalyzed factual information or present new information that alters the document's conclusion. (Died in Assembly Natural Resources Committee) AB 794 (Setencich-R) - Actions and Proceedings Revises provisions relating to court actions and proceedings under the California Environmental Quality Act. (Died in Assembly Natural Resources Committee) AB 795 (Goldsmith-R) - Natural Community Conservation Plan Exempts projects located in and subject to a natural community conservation plan from environmental review and mitigation for impacts to plant, fish and wildlife species, if the project is in conformity with a natural community conservation plan approved by the Department of Fish and Game. (Died in Senate Natural Resources and Wildlife Committee) AB 1329 (Olberg-R) - Environmental Quality: Projects Exempts from the definition of "project" activities relating to the extension, renewal, reissuance or transfer by a public agency of a lease, permit, license, certificate, or other entitlement for use. (Died in Assembly Natural Resources Committee) AB 1330 (Olberg-R) - Environmental Impact Reports: Exemption Exempts from the California Environmental Quality Act the certification by the Water Resources Control Board of "general" permits for the discharge of dredged or fill material into navigable waters issued pursuant to the federal Clean Water Act. (Failed passage in Senate Governmental Organization Committee) AB 1487 (Pringle-R) - Environmental Quality: Pipelines Amends the California Environmental Quality Act by exempting certain existing pipeline, and related equipment attached to such pipeline, for inspection, repair, maintenance, reconstruction or demolition projects and new pipeline installations within existing public and private rights-of-way, as defined. Also requires persons undertaking such projects to notify affected public agencies and receive permission from property owners for access to private property. Chapter 765, Statutes of 1996 AB 1630 (Olberg-R) - Environmental Filing Fees Exempts from environmental filing fees, those projects which are within the boundaries of a valid and existing habitat conservation plan or natural community conservation plan if those projects are in compliance with the approved plan. (Died in Senate Natural Resources and Wildlife Committee) AB 1782 (Brewer-R) - Action or Proceeding: Injunction or Stay Prohibits the court, in any action or proceeding on the grounds of noncompliance with the California Environmental Quality Act, from granting any injunction or stay prohibiting the project from being carried out or approved unless there is a reasonable likelihood that the person requesting the injunction or stay will prevail ultimately on the merits. (Died in Assembly Natural Resources Committee) AB 1800 (Alby-R) - Airports: Land Use Commissions Exempts comprehensive airport land use plans adopted by an airport land use commission from the provisions of the California Environmental Quality Act. (Died in Assembly Natural Resources Committee) AB 1930 (Sweeney-D) - Permit Streamlining Amends the California Environmental Quality Act (CEQA) by reducing the time limits, as specified, for lead agencies to approve or disapprove projects once the environmental impact reports have been certified or negative declarations have been adopted. Also makes other changes to existing law to streamline the CEQA process. Chapter 808, Statutes of 1996 AB 1935 (Sweeney-D) - Environmental Quality Exempts from the provisions of the California Environmental Quality Act projects relating to levee maintenance and the construction of high occupancy vehicle lanes and prisons, as specified. Provides that where the federal government has accepted responsibility for the removal and disposal of contaminated soil at a federal military base, this action could be deemed a feasible mitigation pursuant to the Hazardous Waste Control Act. (Died in Senate Natural Resources and Wildlife Committee) AB 1943* (Bordonaro-R) - Environmental Protection: General Permits Authorizes state environmental agencies to precertify equipment and processes as being in compliance with applicable environmental laws and regulations. Requires, to the extent that state environmental regulation agencies adopt regulations to precertify process or equipment, that to the extent feasible, those regulations shall result in standardized permits. Authorizes local environmental regulation agencies also to precertify industrial processes and equipment, and requires state agencies that engage in precertification to adopt a model standardized local permit ordinance that local agencies may adopt. Chapter 367, Statutes of 1996 AB 2099 (Miller-R) - Environmental Impact Reports Amends the California Environmental Quality Act to, among other things, remove the discussion of economic and social factors from the Environmental Impact Report (EIR) (but allow the lead agency to consider such factors when determining whether to approve the project), and requires courts, rather than invalidating the certification of an EIR, to identify deficiencies in the EIR and order them corrected. (Failed passage on Assembly Floor) AB 2963 (Firestone-R) - Environmental Quality: Non-Scenic Highways Exempts projects to maintain, repair or restore non-scenic highways damaged through natural disasters from various permitting and reporting provisions of law, such as (a) the California Environmental Quality Act; (b) requirements of the San Francisco Bay Conservation and Development Commission; (c) coastal development controls; and (d) regional water quality control and waste discharge requirements. Chapter 825, Statutes of 1996 AB 3006 (Machado-D) - Project Alternatives Changes the standard of proof used to determine whether an environmental impact report should be prepared from "may" have a significant effect on the environment to "is likely" to have a significant effect on the environment. Also exempts all private projects from the requirement to consider alternatives to the project. (Died in Senate Governmental Organization Committee) AB 3045 (Olberg-R) - Department of Defense Projects: Exemption Declares that the Legislature recognizes that the Department of Defense is neither a "person" nor a "public agency" as defined in the California Environmental Quality Act (CEQA) and therefore department projects are not subject to CEQA unless undertaken jointly with someone who does qualify as a "person" as defined in CEQA. (Failed passage in Senate Governmental Organization Committee) AB 3049 (Olberg-R) - Environmental Impact Reports Makes various changes to the California Environmental Quality Act as follows: 1. Redefines "environment" to mean the physical conditions that exist as of the date of the project application. 2. Requires the lead agency to find that a project is likely to have a significant effect on the environment before ordering the preparation of an Environmental Impact Report (EIR) or imposing mitigation conditions. 3. Repeals the requirement that the lead agency, prior to certifying an EIR, send a draft of its written response to any public agency that has commented on the draft EIR, and also repeals the requirement that commenting public agencies receive special notice of the hearing on a negative declaration. 4. Allows a master EIR to be prepared for any project. 5. Limits mitigation conditions to mitigating the foreseeable direct impacts of the project. 6. Requires the court, before issuing an injunction, to determine that the petitioner is likely to obtain an order overturning approval of the project. 7. Adopts one scope of judicial review for all public agency decisions under the California Environmental Quality Act. 8. Acknowledges that attorney fees may be awarded for frivolous lawsuits or to the prevailing party as to that portion of the action. (Died in Senate Governmental Organization Committee) AB 3159 (Olberg-R) - Environmental Protection: Civil Penalties Precludes environmental agencies (including local agencies) from imposing civil penalties upon persons in administrative law proceedings and instead, requires that various conditions (such as proof of intentional commission or culpable negligence) be met in a court action. Requires penalties collected from such actions to be used to correct harm caused by the violation and to compensate injured persons, with any excess going to the General Fund. (Died on Assembly Inactive File)ForestrySB 358 (Campbell-R) - Timber Operations: Rules and Regulations Authorizes a county with an urban density zone to recommend additional rules or regulations regarding timber operations and requires the Board of Forestry to so adopt unless certain findings are made. (Died in Senate Natural Resources and Wildlife Committee) SB 500 (Johannessen-R) - Department of Forestry and Fire Protection Appropriates $2 million from the General Fund to the California Department of Forestry and Fire Protection (CDF) for the 1996-97 fiscal year to fund the costs of staffing for the CDF's fire engines or any other firefighting activity as deemed necessary by the CDF. (Died on Assembly Floor) SB 626 (Johannessen-R) - Forest Practices: Exemptions Exempts from the Forest Practices Act the cutting and removal of trees by the thinning method to reduce the threat of wildfire. Requires stocking standards for the selection regeneration method to be met upon completion of timber operations. Authorizes the Board of Forestry to adopt regulations that it determines necessary to implement the exemption. (Died in Senate Natural Resources and Wildlife Committee) SB 1282 (Leslie-R) - Environmental Quality: Exemptions Deletes existing Forest Practice Act exemptions which allow cutting or removal of trees to reduce flammable materials and maintain a fuelbreak for up to 150 feet on each side of specified structures. Creates a broader exemption that allows the cutting of trees to create defensible space from wildfires for structures. (Died in Senate Natural Resources and Wildlife Committee) SB 2178 (Johannessen-R) - Timber Operations: Licenses Extends licenses for persons engaging in timber operations from 1 to 2 calendar years. (Died in Senate Natural Resources and Wildlife Committee) AB 169 (Richter-R) - Timber Harvesting Plans Extends the lifetime of a timber harvesting plan from 3 to 5 years with an option for a 5-year extension when specified procedures are followed. (Failed passage in Senate Natural Resources and Wildlife Committee) AB 711 (Richter-R) - Nonindustrial Timber Management Plans Lifts the 2,500 acre ownership limit on use of a long-term timber management plan of unlimited duration and allows any owner of forest land to use a nonindustrial timber management plan (NTMP) of unlimited duration in lieu of a 3-year timber harvest plan, and drops the restriction that forest land covered by a NTMP be managed without use of “even age” harvest methods of clearcutting. (Failed passage in Senate Natural Resources and Wildlife Committee) AB 802 (Sher-D) - Forest Resources: Headwaters Forest Requires the Secretary for Resources to begin negotiations for the acquisition of the Headwaters Forest in Humboldt County, and causes that process to be completed by May 1, 1996. Additionally, requires the secretary to submit a plan for acquisition to the Legislature by May 1, 1996. (Died on Assembly Inactive File) AB 931 (Richter-R) - Timber Harvesting Plans Adds additional types of timber operations, as specified, to the list of exemptions from the Timber Harvest Plan reporting requirements of the Z'Berg-Nejedly Forest Practices Act and also deems such operations to be ministerial projects under the California Environmental Quality Act. (Failed passage on Assembly Floor) AB 938* (Machado-D) - Forest Fire Prevention and Control Appropriates $4 million from the General Fund for allocation to the Department of Forestry and Fire Protection for the purposes of initial attack during the 1996-97 fiscal year. Requires the State Board of Forestry to review the adequacy of existing staffing levels on fire engines and report its findings to the Legislature. Vetoed by the Governor AB 1099 (Sher-D) - Timber Operations Requires harvests in ancient forests to protect significant natural resource values and to be subject to specified limitations. Requires timber harvesting and road construction in old growth forests to ensure that a multistoried canopy is retained. Limits the amount of acreage in size allowed for certain harvests and the amount of removal allowed in any ancient or old growth forests. (Died in Assembly Natural Resources Committee) AB 1385 (Woods-R) - Timber Harvest Plans: Administrative Review Limits court review of a timber harvesting plan approved by either the California Department of Forestry and Fire Protection or the Board of Forestry solely to a determination as to whether the decision was consistent with existing forest practice rules and statutory requirements of the Forest Practice Act. (Failed passage in Senate Natural Resources and Wildlife Committee) AB 1565 (Bordonaro-R) - Forest Resources: Fire Suppression and Detection Appropriates $26.4 million from the General Fund to the Department of Forestry and Fire Protection to cover a deficiency in 1995-96 for emergency fire suppression and related emergency re-vegetation costs. Chapter 43, Statutes of 1996 AB 2337 (Knox-D) - Waterscooping Firefighting Aircraft: Funding Allows a county that uses fixed-wing waterscooping aircraft, in a state responsibility area for which it has assumed responsibility for fire protection and suppression, to receive a special allocation to pay for the lease, operation or maintenance of those waterscooping aircraft in addition to the normal allocation to cover the direct cost of fire protection it receives. (Died in Assembly Natural Resources Committee) AB 2598 (Machado-D) - Fire Prevention and Control: Staffing Requires the Department of Forestry and Fire Protection to maintain a staff of not less than 3 firefighters on each state- funded fire engine during the declared fire season. (Died in Assembly Appropriations Committee) AB 3082 (Olberg-R) - Forest Practices: Exemptions Exempts cutting or removal of trees on noncontiguous parcels of 3 acres or less from timber harvesting plan requirements if specified requirements are met. (Failed passage in Senate Natural Resources and Wildlife Committee) AB 3084 (Olberg-R) - Forest Practices: Streambed Alteration Agreements Exempts persons who submit a timber harvesting plan to the Department of Forestry and Fire Protection under the Forest Practice Act from Fish and Game Code provisions pertaining to streambed alteration agreements, plus related fees and penalties for violating these provisions. (Failed passage in Senate Natural Resources and Wildlife Committee) AB 3085 (Olberg-R) - Timber Operations: Licenses Requires first-time applicants for a timber operator license, other than owners of land who conduct timber operations on their own land, to complete an approved education program, have 3000 hours of relevant work experience, and carry at least $1 million in commercial general liability insurance. Chapter 740, Statutes of 1996 AB 3464 (Assembly Natural Resources Committee) - Timber Harvest Plan Exemption Expands the timber harvest plan exemption created by AB 49 (Sher, 1994) by authorizing cutting and removal of trees within 150 feet of any approved and legally permitted structure, rather than just “residential structures,” to reduce fire hazards and maintain a fuel break. Chapter 521, Statutes of 1996 Endangered SpeciesSB 131 (Maddy-R) - The California Endangered Species Act Repeals the California Endangered Species Act and replaces it with a new act that changes the listing and recovery process. Also repeals the Native Plant Protection Act, limits habitat maintenance districts and creates voluntary conservation partnerships. (Failed passage in Senate Natural Resources and Wildlife Committee) SB 883 (Hayden-D) - Endangered Species Provides that “take,” for the purposes of the California Endangered Species Act, in addition to the meaning set forth in the general definition, includes the degradation of wildlife habitat so as to significantly disrupt essential behavioral patterns of the affected species. (Died in Senate Natural Resources and Wildlife Committee) SB 1120 (Costa-D) - Endangered Species: Incidental and Inadvertent Taking Prohibits penalizing the accidental take of candidate, threatened, or endangered species resulting from inadvertent or ordinary negligent acts that occur in the course of otherwise lawful activities. Allows "incidental take" of these specifies for "routine and ongoing" activities relating to agriculture, plus maintenance, operation, use and emergency repairs of any pipeline, firebreak, transmission or distribution line, road, right-of-way, groundwater recharge facility and area, and appurtenant roads or facilities. Similarly allows "incidental take" for specified emergency repairs to property or public or private facilities. (Died in Senate Natural Resources and Wildlife Committee awaiting concurrence in Assembly amendments) SB 1177 (Killea-I) - Endangered Species: Incidental Take Authorizes the Department of Fish and Game (DFG) to issue an incidental take permit to public entities and private persons to kill threatened and endangered species under specified conditions. Authorizes DFG to charge a permit fee to cover administrative costs. (Failed passage in Assembly Appropriations Committee) SB 1751 (Marks-D) - Endangered Species Amends the California Endangered Species Act to, among other things, require the Department of Fish and Game and the Fish and Game Commission to adopt regulations establishing a scientific peer review process for evaluating petitions, recovery plans, and natural communities conservation plans, and to meet specific notice requirements. (Died in Senate Appropriations Committee) SB 1804* (Monteith-R) - Property Taxation: Agricultural Land: Wildlife and Endangered Species Extends existing land valuation requirements to agricultural or open space property that has been designated under state or federal law as wildlife or endangered species habitat. Provides that such land shall, upon request of the landowner, be enrolled in a wildlife habitat contract for tax valuation purposes. Expands the definition of the term "wildlife." Chapter 997, Statutes of 1996 SB 1994 (Hayden-D) - Endangered Specifies: Ongoing Activities Declares legislative findings that certain ongoing, routine activities that do not involve a significant conversion of existing wildlife habitat into another land use have a relatively small potential for causing significant adverse impacts to threatened or endangered species. (Died in Senate Natural Resources and Wildlife Committee) AB 137 (Olberg-R) - Candidate, Endangered and Threatened Species Requires the Governor, by July 1, 1997 to establish a commission to study the economic impacts of protecting candidate, threatened and endangered species under the California Endangered Species Act. Chapter 972, Statutes of 1996 AB 350 (Bustamante-D) - Endangered and Threatened Species Requires the Department of Fish and Game to develop and implement a recovery strategy pilot program for 5 threatened or endangered species as designated by the Fish and Game Commission. Chapter 974, Statutes of 1996 AB 428 (Olberg-R) - Threatened and Endangered Species: Habitat Excludes land which may provide habitat of a type necessary for the continuing existence of a candidate, threatened or endangered species from any requirement that it be managed as habitat for that species unless individual species have been observed inhabiting the property during the period of review of the petition. Defines "land which is identified as habitat for endangered species and threatened species," "kind of habitat necessary for species survival," "land which may provide habitat essential to the continued existence of the species," "habitat that may be essential to the continued existence of the species" to exclude habitat areas on which the species have not been directly observed by an employee of the Department of Fish and Game to be present during the period of the department's review of the petition. Provides that habitat management activities shall not be required to be conducted on any such property on which the species have not been directly observed by an employee of the department to be present during the period of the department's review of the petition. (Died in Assembly Water, Parks and Wildlife Committee) AB 874 (Campbell-D) - Endangered Species Requires all notices mandated by the California Endangered Species Act to be expressed in clear, common language. Requires notice to cities, counties and special districts if their boundaries may fall within a proposed habitat management area. (Failed passage in Assembly Water, Parks and Wildlife Committee) AB 1086 (Katz-D) - Endangered Species Specifies that any individual may obtain judicial review of any final decision regarding a listing or delisting of any species. Authorizes any person to bring an action to require the Department of Fish and Game to enforce the terms and conditions of permits or memorandums of understanding issued for the managed take of endangered species. (Failed passage in Assembly Water, Parks and Wildlife Committee) AB 1428 (Woods-R) - Liability: Public Officials Places personal liability on any public officer or employer who causes economic damage to a business by an official act, if that act was taken in reliance on scientific information relating to a species that cannot be scientifically verified. (Died in Assembly Water, Parks and Wildlife Committee) AB 2266 (Cortese-RFM) - Endangered Species Repeals and recasts provisions in current law relating to fees collected for filing of documents under the California Environmental Quality Act, and establishes a wildlife depletion fee. Creates the California Habitat Bank, a bond-funded acquisition bank, from which funds may be borrowed for the acquisition of off-site replacement habitat. Requires the Secretary of the Resources Agency to establish the California Wildlife Survey to map urban transitional lands. Exempts "taking" of threatened or endangered species that are incidental to reasonable and ordinary agricultural practices. (Failed passage in Assembly Natural Resources Committee) AB 3150 (Olberg-R) - Endangered, Threatened or Candidate Specifies Authorizes the Director of Fish and Game, under specified circumstances, to waive requirements for state incidental take permits for plant and animal species that have been jointly-listed by the state and federal government as "threatened" or "endangered" if a federal incidental take permit has been previously issued and is in effect. Decriminalizes the "accidental" take of candidate, threatened or endangered species that results from inadvertent or negligent acts that occur in the ordinary course of otherwise lawful activities. Also allows "incidental" take of these species for "routine and ongoing" activities relating to agriculture, plus maintenance, operation, use and emergency repairs of any pipeline, firebreak, transmission or distribution line, road, right- of-way, groundwater recharge facility and area, and appurtenant roads or facilities. Similarly allows "incidental take" for specified emergency repairs to property or public or private facilities. (Died on Senate Floor) AB 3463 (Assembly Natural Resources Committee) - Endangered Species Extends, from 10 to 15 days, the timeframe by which the Fish and Game Commission is required to refer a petition to add or remove a species from the list of endangered or threatened species for evaluation to the Department of Fish and Game. (Died in Assembly Natural Resources Committee) AJR 16 (Setencich-R) - Federal Endangered Species Act Makes findings relating to the federal Endangered Species Act and memorializes Congress and the President to pass the Endangered Species Management Act of 1995. (Died in Senate Natural Resources and Wildlife Committee) AJR 32 (Frusetta-R) - Federal Endangered Species Act Memorializes the Congress and President to revise the federal Endangered Species Act in a manner that places as great an emphasis on human habitat and lives as it does on those endangered species protected by the act. (Died in Senate Natural Resources and Wildlife Committee) AJR 52 (Poochigian-R) - Endangered Species Memorializes the Congress and President to enact reform of the federal Endangered Species Act requiring that any mitigation, enhancement, or restoration activity undertaken for impacts on endangered or threatened species be first performed utilizing public lands before any private lands are used for those purposes. (Failed passage on Assembly Floor)MiscellaneousSB 6 (Hayden-D) - Water Quality Allows citizens to bring a state civil action for violation of water pollution laws in ocean and coastal waters and enclosed bays and estuaries. (Died on Senate Inactive File) SB 55 (Kopp-I) - Wild Animals: Domestic Ferrets Allows, if the Fish and Game Commission determines that domestic ferrets are not wild or feral animals or that they may be possessed and sold in this state, domestic ferrets to be owned as pets without a permit if the owner maintains documentation showing that the ferret has been vaccinated against rabies. (Failed passage in Senate Natural Resources and Wildlife Committee) SB 582 (Solis-D) - Wildlife Corridors Requires that a portion of funds established to mitigate natural habitat loss due to landfill expansion, administered by the Puente Hills Landfill Preservation Association, be allocated to the Wildlife Corridor Conservation Authority for the purpose of purchasing wildlife corridor parcels determined to be critical by the authority. (Died in Assembly Water, Parks and Wildlife Committee) SB 739 (Polanco-D) - Environmental Regulations Prevents the State Water Quality Control Board and the California Integrated Waste Management Board from adopting a regulation which is stronger and/or different than a federal regulation, unless, among other criteria, the different regulation is the most cost-effective of all available regulatory alternatives. (Failed passage in Senate Natural Resources and Wildlife Committee) SB 746 (Hayden-D) - Sportfishing: White Croaker Requires commercial passenger fishing vessels to post warning signs aboard their boats informing passengers of white croaker contamination. Requires multilingual health advisory signs to be posted by June 1, 1997 regarding the contamination hazards of white croaker in the Counties of Los Angeles, Orange, San Francisco, Alameda, Contra Costa, Solano, Marin and Santa Clara, as specified. Prohibits the sale of white croaker for human consumption taken for commercial purposes and landed in Los Angeles or Orange Counties. (Failed passage in Assembly Appropriations Committee) SB 749* (Hayden-D) - Bond Act Enacts the $300 million California Parks, Natural Resources and Wildlife Bond Act of 1996 for the acquisition, development, rehabilitation, enhancement, restoration or protection of park, beach, wildlife and natural resources. Provides for submission of the bond act to the voters at the March 26, 1996 general election. (Died in Senate Natural Resources and Wildlife Committee) SB 794* (Kopp-I) - Oil Spill Cleanup Agent Provides that persons licensed to use an oil spill cleanup agent may be charged a renewal fee of up to $100 every 5 years. Requires the administrator for oil spill response to adopt regulations regarding the licensing of oil spill cleanup agents, prior to January 1, 1997. Chapter 390, Statutes of 1996 SB 846 (Thompson-D) - Napa River Watershed: Salmon and Steelhead Trout Habitat Restoration Authorizes the Napa Resource Conservation District to develop and implement a watershed management plan for the Napa River watershed, and amends several elements of the salmon and steelhead trout habitat restoration tax credit. Chapter 166, Statutes of 1996 SB 859 (Rogers-R) - Owens Lake Authorizes the State Lands Commission to award grants for projects or activities to abate fugitive dust on Owens Lake and to implement the Lower Owens River Project. Creates the Owens Lake and Owens River Environmental Fund. (Died in Senate Governmental Organization Committee) SB 893 (O'Connell-D) - Wilcox Property: Acquisition Appropriates $198,000 from the Public Resources Account of the Cigarette and Tobacco Products Surtax Fund for the acquisition of the Wilcox Property in the City of Santa Barbara. Chapter 753, Statutes of 1996 SB 1084 (Beverly-R) - Oil Spills: Financial Responsibility Provides for the establishment of a Marine Facility Oil Spill Protection Committee to study oil spill clean-up and damage information in order to determine the true cost of clean-up and damages caused by oil spills from marine facilities. Prohibits the administrator for oil spill response from requiring a marine facility to demonstrate the ability to pay an amount greater than $10,500 per barrel of oil that could be released during a reasonable worst-case oil spill. (Died in Senate Judiciary Committee) SB 1122 (Mountjoy-R) - Small Businesses: Environmental Regulations (1) Provides that state or local environmental regulations may not be applied to small business if they prevent the business from operating at current levels of production or employment, (2) gives regulatory agencies discretion in applying and enforcing environmental regulations in order to accommodate individual small business' financial circumstances, (3) requires regulatory agencies to tailor regulatory compliance schedules to be consistent with the economic capabilities of the small business, (4) states that fines for pollution violations be applied only in the event of "continuous noncompliance." (Failed passage in Senate Natural Resources and Wildlife Committee) SB 1255 (Thompson-D) - Fish Resources: Dredging Authorizes the Department of Fish and Game to issue a special suction dredge permit under specified criteria. (Failed passage in Assembly Water, Parks and Wildlife Committee) SB 1268 (Costa-D) - Resource Conservation Districts Authorizes the Department of Conservation to provide grants to resource conservation districts. Chapter 994, Statutes of 1996 SB 1410 (Johnson-R) - Methane Gas Hazard Mitigation System Requires the California Department of Transportation (Caltrans) to enter into an agreement with the City of Newport Beach to undertake specified activities with regard to the installation, relocation, and ongoing maintenance and operation of a methane gas hazard mitigation system. Requires Caltrans to fund its portion of the project from the State Highway Account upon appropriation by the Legislature. Requires Caltrans to consult with the Division of Mines, Geology, and Geothermal Resources within the Department of Conservation before expending funds. (Died in Assembly Appropriations Committee) SB 1416* (Thompson-D) - Aquatic Weeds: Boating Requires the Department of Boating and Waterways to make a grant of funds to Lake County to conduct a pilot project, until December 31, 1999, of aquatic weed control on Clear Lake in Lake County under specified conditions. Appropriates $147,000 from the Harbors and Watercraft Revolving Fund for the pilot program. Chapter 995, Statutes of 1996 SB 1442 (Marks-D) - Support Enforcement Requires commercial fishing licenses issued by the Department of Fish and Game to be revoked or withheld from any person who is delinquent in paying child support. Chapter 756, Statutes of 1996 SB 1487* (Petris-D) - Mountain Lions Upon approval of the voters, requires the Department of Fish and Game (DFG) to establish a mountain lion management plan with priority zones and provide estimates of lion populations. Requires DFG to recommend an action plan to the Fish and Game Commission. Explicitly prohibits sport or trophy hunting unless authorized by a 4/5 vote of the Legislature or by a vote of the people. (Died in Senate Natural Resources and Wildlife Committee) SB 1549 (Monteith-R) - Surface Mining Operations: Exemptions Provides an exemption from the Surface Mining Recovery Act of 1975 for excavations, gradings and other earth moving activities done in connection with ongoing oil and gas operations. Chapter 616, Statutes of 1996 SB 1567* (Kelley-R) - Coachella Valley Mountains Conservancy Designates the Coachella Valley Mountains Conservancy as a state agency within the Resources Agency, and revises its membership and authorities. Chapter 963, Statutes of 1996 SB 1615 (Craven-R) - Beach Replenishment Appropriates $3.3 million from the Harbors and Watercraft Revolving Fund or from any other fund or funds designated in the annual Budget Act to the Department of Boating and Waterways for a grant to the San Diego Association of Governments for expenditure during the 1996-97, 1997-98, and 1998-99 fiscal years to pay for costs associated with the United States Navy Aircraft Carrier Homeporting Project in San Diego Harbor. (Died in Senate Natural Resources and Wildlife Committee) SB 1673 (Johnston-D) - Delta Protection Commission Extends the sunset on the Delta Protection Commission from January 1, 1997 to January 1, 1999; requires the commission to meet at least bi-monthly, rather than monthly; and eliminates the 10% assessment on fines assessed within the Delta. Chapter 568, Statutes of 1996 SB 1736 (Kelley-R) - Cuyamaca Rancho State Park: Boy Scouts Authorizes the Department of Parks and Recreation to enter into an agreement between the State of California and the Desert Pacific Council of the Boy Scouts of America for the use of a portion of Cuyamaca Rancho State Park. Chapter 315, Statutes of 1996 SB 1752 (Sher-D) - Environmental Audits Enacts the Environmental Audit Incentive Act of 1996. Prohibits civil or administrative sanctions from being assessed against anyone who, as the result of an environmental audit, discloses a certain class of violations to a regulatory agency. (Died at Assembly Desk) Similar legislation is AB 856 (Caldera-D), which died in the Senate Judiciary Committee, and AB 3023 (Sher-D), which died in the Assembly Natural Resources Committee. SB 1948 (Thompson-D) - Park and Recreational Facilities and Conservation Program Establishes the California Park, Recreation, and Conservation Facilities Act, a vehicle for the purpose of financing parks and conservation. (Died on Assembly Inactive File) SB 1955 (Mello-D) - Fisheries: Big Creek Hatchery Makes legislative declarations regarding the importance of marine sport and commercial fisheries and their management. Requires the Department of Fish and Game to assess current fisheries management and research programs for ocean fisheries north of Point Arguello and California halibut fisheries south of Point Arguello, and make recommendations to the Legislature by January 1, 1998, as specified. Appropriates $65,000 from the California Environmental License Plate Fund to support the Big Creek Hatchery in Monterey County. Chapter 535, Statutes of 1996 SB 1957 (Mello-D) - Wild Pigs: Depredation Requires the Department of Fish and Game to issue a zone-wide depredation permit to a county for the killing of feral pigs, if it can demonstrate significant damage in a county. (Failed passage in Assembly Water, Parks and Wildlife Committee) SB 1968 (Marks-D) - Boating Restricts the use of the Harbors and Watercraft Revolving Fund, and creates and funds an account for small craft harbors with restrictions. Vetoed by the Governor SB 1980 (Thompson-D) - Dungeness Crab Requires that if requested to do so, the Director of Fish and Game shall at a specified time consult and publicly notify the Dungeness crab industry as to when crab traps may be set and baited in specified areas prior to the opening of the season. Chapter 412, Statutes of 1996 SB 2007 (Costa-D) - Oil and Gas Wells Provides a 10-year exemption from the payment of oil and assessments to the Department of Conservation for oil and gas producers who restart production at orphaned oil and gas well sites. Also clarifies legal ownership and responsibility of well operators to plug abandoned wells, redefines the "evidence" requirements to determine well abandonments, and increases the time period for the abandonment appeals process. Chapter 537, Statutes of 1996 SB 2018 (Johnson-R) - Boating Safety Authorizes the Department of Boating and Waterways to grant funds from the Harbors and Watercraft Revolving Fund to local public agencies, nonprofit organizations and colleges and universities for boating safety education and to finance the purchase of vessels and related safety equipment for use in boating safety education classes. Chapter 414, Statutes of 1996 SB 2033 (Costa-D) - San Joaquin River Conservancy Changes the governing board of the San Joaquin River Conservancy from 7 voting members and 6 ex-officio, nonvoting members to 9 voting members and 4 ex-officio nonvoting members by converting representatives from the Resources Agency and the Wildlife Conservation Board to voting members. Also allows local elected officials who are currently on the board to appoint alternates from the boards that they represent. Eliminates the requirement that the 4-year terms of the members of the governing board of the conservancy be staggered. Chapter 1171, Statutes of 1996 SB 2042 (Rogers-R) - Game Mammals Removes wild pigs from their current designation as game mammals. Authorizes landowners or tenants, owners of livestock or their agents, and certain public officials under certain circumstances to take and possess wild pigs without a hunting license or a wild pig license tag. Requires that those who take wild pigs under the depredation provisions of this bill report the take to the Department of Fish and Game before the close of the following business day. Authorizes a permitting process for licensed hunters, when requested by the landowner or tenant, to take a number of wild pigs necessary to prevent damage to land or property. (Failed passage in Senate Natural Resources and Wildlife Committee) SB 2073 (Leonard-R) - Aquaculture Repeals the requirement that the Department of Fish and Game (DFG) be the California Environmental Quality Act lead agency for any aquaculture project developed within the state. Also authorizes DFG to prepare a master environmental impact report (EIR) for hunting and fishing regulations adopted by the Fish and Game Commission and ensures that no agency could use the "functional equivalent" of an EIR when a master EIR is still valid. Chapter 444, Statutes of 1996 SB 2084 (Leslie-R) - Fishing: Public Access to Impounded Waters Codifies the conclusions of an Attorney General's Opinion that the statutory right of public fishing access does not apply to an impoundment of water which is on private land and which is from a stream or river that is not naturally frequented by fish. Chapter 273, Statutes of 1996 SB 2104 (Mountjoy-R) - Yacht and Ship Broker Licensing Changes the Department of Boating and Waterways' (DBW) licensing program for yacht brokers and salespersons to allow out- of-state brokers to take California's licensing exam without waiting, prevents those who fail the exam from taking it again for 6 months, increases the amount of bonds required of brokers to $15,000, and makes other more minor changes. Chapter 445, Statutes of 1996 SB 2122 (Sher-D) - Commercial Fishing: Squid Requires and charges a fee for permits to take or land market squid for commercial purposes with certain gear. Allows the transfer of permits in certain circumstances. Creates the Commercial Squid Advisory Board. Requires buyers of market squid to obtain a buyer's permit from the Department of Fish and Game for a fee. Authorizes a portion of certain landing taxes to support the activities of the board and the department. (Died in Senate Appropriations Committee) SB 2131 (Johannessen-R) - State of Emergency: Suspension of Environmental Laws Prohibits any person from being held liable for any violation of a suspended law, if the suspension is subsequently determined by a court to have been invalid and the person, in good faith, has acted in accordance with the suspension of law. (Died in Senate Natural Resources and Wildlife Committee) SB 2171 (Marks-D) - Animals: Trapping Requires trappers to kill animals in their traps using humane methods. (Failed passage in Assembly Water, Parks and Wildlife Committee) SJR 13 (Kelley-R) - Public Lands: Rights-of-Way Memorializes the President and Congress to enact legislation to temporarily prevent the Secretary of the Interior from implementing proposed rule changes to R.S. (Revised Statute) 2477, governing rights-of-way access across federal public lands, until such time as Congress can reexamine the issue of public rights-of-way in collaboration with affected states, local governments, landowners, and the general public. Resolution Chapter 12, Statutes of 1996 SB 12X (Johannessen-R) - Streambed Alterations Provides for a summary of the streambed alteration process including obligations and timelines to all applicants. Authorizes maintenance agreements for a period not to exceed 5 years. Automatically renews these agreements unless the Department of Fish and Game (DFG) determines that conditions have changed substantially. Authorizes an arbitration process if the applicant disputes that substantial changes have occurred. Prohibits conditioning the agreement on other state or federal permits. Requires the DFG to provide specific and detailed information to an applicant on the affected resource and background information on which it bases its conclusion. Chapter 11, Statutes of 1995-96, First Extraordinary Session Similar legislation is AB 2037 (Frusetta-R), which died in Senate Appropriations Committee. AB 87 (Cortese-RFM) - Mountain Lions Requires the Department of Fish and Game to develop a statewide policy and procedure to facilitate the removal of mountain lions perceived to be an imminent threat to public health and safety. (Failed passage in Assembly Water, Parks and Wildlife Committee) AB 117 (Knowles-R) - Mountain Lions Upon voter approval, repeals the California Wildlife Protection Act of 1990 and enacts the Mountain Lion Management Act. Authorizes mountain lions to be taken as game mammals and property owners or tenants to take mountain lions except with poison. Requires the Department of Fish and Game to present a plan for the systematic management of mountain lions. (Failed passage in Assembly Water, Parks and Wildlife Committee) AB 122 (Rainey-R) - Vessels: Harbors and Watercraft Fund Continuously appropriates vessel registration funds in the Harbors and Watercraft Revolving Fund in excess of that needed for the Department of Boating and Waterways' registration program, for allocation to counties and the Department of Parks and Recreation for boating safety programs. Requires eligible counties to submit a resolution certifying that the county will expend for boating safety an amount equal to 100% of the personal property taxes on vessels. Changes the registration renewal period for boats to 2 years; changes the fee to $10 for renewal, commencing January 1, 1998; and requires all existing certificates to expire on December 31, 1997, and thereafter, on December 31 of every odd-numbered year. Requires 1 member of the Boating and Waterways Commission to be an officer or employee of a law enforcement agency. Chapter 971, Statutes of 1996 AB 229 (Burton-D) - Funding: Abalone Requires a $5 abalone stamp for the recreational take of abalone. Establishes a Recreational Abalone Advisory Committee. Reduces the commercial limit on abalone in waters off San Francisco and San Mateo Counties, and reduces the recreational limit of abalone south of Pt. Lobos in San Francisco County and limits the take of abalone for commercial purposes in the Fitzgerald Marine Reserve in District 10. (Died on Senate Inactive File) AB 363 (Cannella-D) - Wetlands Habitat: Mitigation Bank Sites Replaces the inadvertently dropped 2 words "acreage and" from the Sacramento-San Joaquin Valley Wetlands Mitigation Bank Act to make explicit that in determining the value of lands proposed for inclusion in any wetlands mitigation bank, consideration be given to the size of the habitat created at bank sites. Chapter 37, Statutes of 1996 AB 405 (Bates-D) - Regional Park or Open-space Districts Forbids the governing body of a city, county or other district within the territory of a multicounty regional park or open-space district from interfering with the control of any property of the multicounty district, except with the consent of the district's board of directors. Authorizes a regional park or open-space district to operate shorelines as part of a system of public parks. Clarifies that the duties of the secretary, administrative secretary, or the clerk of the board of directors may be imposed by the general manager or by the board of directors; and makes other technical changes. (Died in Senate Local Government Committee) AB 450 (Hauser-D) - Pollution: Creosote Specifies conditions under which it would be lawful to maintain or install, in state waters, pilings or similar structures that have been treated with creosote. (Died in Senate Natural Resources and Wildlife Committee) AB 474 (Hauser-D) - Pink Shrimp: Dungeness Crab Extends, from January 1, 1997, to April 1, 1999, the existing moratorium on issuance of new pink shrimp permits by the Department of Fish and Game. Restricts commercial take of Dungeness crab in certain ocean areas to daylight hours only. Chapter 764, Statutes of 1996 AB 504* (Kuykendall-R) - State Beaches: Special Funds: Tidelands Oil Revenues: Watermaster Services Transfers 8 state beaches to the County of Los Angeles. Abolishes 4 state special funds and transfers their unencumbered balances to the General Fund. Deposits tidelands oil revenues directly into the General Fund and allows the Department of Parks and Recreation to enter into agreements to secure long-term funding sources for the state park system. Provides the Department of Water Resources full cost recovery for watermaster services. (Died at Senate Desk) AB 527 (Woods-R) - Fallow Deer Designates fallow deer as domestic animals, and in so doing, transfers jurisdiction for fallow deer from the Fish and Game Commission to the Department of Food and Agriculture. (Died in Senate Natural Resources and Wildlife Committee) AB 748 (Kuykendall-R) - Vessel Traffic Services (1) Extends the vessel traffic service VTS area to include a part of Santa Monica Bay, (2) redefines the term "covered vessel," (3) requires certain vessels entering the VTA area to comply with VTS measures established by the marine exchange, (4) authorizes the use of interest earned in the Oil Spill Response Trust Fund for equipment to establish or expand a VTS system, and (5) makes minor technical changes. Chapter 362, Statutes of 1996 AB 937 (Sher-D) - Surface Mining Operations Establishes a state abandoned mineral and mineral materials reclamation program to administer specified federal funds. (Died in Assembly Natural Resources Committee) AB 1000 (Horcher-I) - Elephants: Chains Prohibits chaining of elephants, except as specified. (Died in Assembly Water, Parks and Wildlife Committee) AB 1056* (Caldera-D) - Redevelopment Project Area: Historical Resources Exempts any structure located in the Downtown Central Business District Development Project Area of the City of Los Angeles from provisions in current law prohibiting an historic place damaged by a natural disaster from being destroyed or significantly altered, if the structure has been declared a public nuisance during January 1, 1996 to July 31, 1996. Provides, until July 1, 2001, that the California Environmental Quality Act does not apply to specified activities or approvals that are necessary for, or incidental to, among other things, the sale, acquisition, demolition, development, improvement, construction, operation or maintenance of property within the redevelopment project area, as described above. (Failed passage in Senate Natural Resources and Wildlife Committee) AB 1119 (Kuykendall-R) - Vessels: Oil Spills Establishes a state pilotage system in California and authorizes the administrator of the Oil Spill Prevention and Response Program to approve the system, as specified. (Died in Assembly Appropriations Committee) AB 1145* (Morrissey-R) - California Conservation Corps: Funding Deletes the Collins-Dugan California Conservation Fund in the State Treasury and creates the California Conservation Corps Reimbursement Account in the General Fund. Chapter 976, Statutes of 1996 AB 1357* (Knowles-R) - Tahoe Regional Planning Agency Requires the Tahoe Regional Planning Agency to reimburse the State Auditor for all reasonable costs associated with the State Auditor conducting a performance audit on the agency, pursuant to the Supplemental Report on Item 3110-101-0001 of the Budget Act of 1996. States legislative intent that this reimbursement shall come from funds allocated to the Tahoe Regional Planning Agency by the Legislature in the Budget Act of 1996. Chapter 640, Statutes of 1996 AB 1362 (Knowles-R) - California Wildlife Protection Act of 1990 Repeals the provisions of the California Wildlife Protection Act of 1990 granting special protection to mountain lions. (Died in Assembly Water, Parks and Wildlife Committee) AB 1363* (Knowles-R) - Mountain Lions Management Plan Prohibits the Fish and Game Commission from approving an open hunting season on mountain lions. Requires the Department of Fish and Game to establish and adopt a management plan with priority zones. Authorizes the Legislature, upon approval of the voters, to amend or repeal any provision of current law relating to mountain lions, including establishment of sport hunting, by a majority vote except for appropriations, transfers or allocations of funds. (Died in Senate Natural Resources and Wildlife Committee) AB 1373 (Olberg-R) - Surface Mining Operations: Reporting Fees Makes it permissive, instead of mandatory, that the State Mining and Geology Board annually adopt its schedule of mine reporting fees through emergency regulations, pursuant to the Surface Mining and Reclamation Act. Chapter 365, Statutes of 1996 AB 1376 (Bustamante-D) - Crude Oil Spills Authorizes the Division of Oil, Gas and Geothermal Resources in the Department of Conservation to establish reporting thresholds larger than 1 barrel for crude oil spills that occur in San Joaquin Valley oil fields, if specified conditions apply and a specific procedure is followed. Chapter 605, Statutes of 1996 AB 1402 (House-R) - Protected Species: Compensation Requires the Department of Fish and Game to compensate owners of property damaged or destroyed by a protected species. (Died in Assembly Water, Parks and Wildlife Committee) AB 1430 (Kuehl-D) - Animals: Trapping Requires notice of any trap set for wildlife or domestic animals to any residence within 500 feet of the trap. (Died in Assembly Rules Committee) AB 1533* (Cortese-RFM) - Parks and Resources: Bond Act Enacts the State and Local Parks Improvement and Historical Resources Bond Act of 1996, authorizing issuance of $495 million in general bond funds to be placed before the voters at the November 1996 general election. (Assembly refuses to concur in Senate amendments) AB 1737* (Katz-D) - Marine Mammals Enacts the California Marine Mammal Protection Act which would make it unlawful for any person to possess or display any live marine mammal (whale, dolphin, porpoise, seal or sea lion) in California unless it was in captivity on the effective date of the bill or an offspring of a marine mammal that was in captivity on the effective date of the bill. (Died in Assembly Water, Parks and Wildlife Committee) AB 1996 (Margett-R) - Freon: Air Conditioning Provides that until January 1, 2000, the production, manufacture, use and sale of freon for automotive and home air conditioning and appliances does not subject any person to a penalty, fine or enforcement action. Becomes operative when any federal law prohibiting freon is repealed. (Died in Assembly Environmental Safety and Toxic Materials Committee) AB 2080 (McPherson-R) - Public Beaches: Contamination: Warning Signs Requires county health officers to post warning signs in visible locations at each primary beach access point when the waters off the beach fail to meet certain public health standards. (Died in Senate Appropriations Committee) AB 2130 (McPherson-R) - California State Mussel Watch Program Requires the State Water Resources Control Board, in conjunction with the Department of Fish and Game, to continue to implement the long-term coastal waters monitoring program known as the California State Mussel Watch Program. Appropriates $300,000 from the General Fund to the Department of Fish and Game to be used to fund program staff and costs. (Died in Senate Appropriations Committee) AB 2139 (Cortese-RFM) - Task Force: Youth Recreational Programs Creates a Task Force on the Role of Parks and Recreation in Providing Youth Programs to convene in 1997 and to report to the Legislature on or before February 1, 1999. Provides for the task force to sunset in 1999. (Died on Senate Inactive File) AB 2193 (Rainey-R) - Sacramento-San Joaquin Delta: Egeria Densa Designates the Department of Boating and Waterways (DBW) as the state's lead agency to control Egeria densa in the Delta, its tributaries and marshes. Requires DBW and the Contra Costa Water District to develop a memorandum of understanding establishing the parameters for any control program proposed to take place in Rock Slough. Chapter 728, Statutes of 1996 AB 2213 (Cortese-RFM) - Commercial Fishing: Herring Eggs on Kelp Requires a permit for the commercial take of herring eggs on kelp. Makes such a permit transferable on payment of a transfer fee. Requires payment of a royalty for the take of herring eggs on kelp. Authorizes the Fish and Game Commission to regulate the fishery. Requires the Department of Fish and Game to rank and list participants in the fishery according to experience. (Failed passage in Senate Natural Resources and Wildlife Committee) AB 2215 (Cortese-RFM) - Department of Fish and Game: Pollution: Abatement Requires the Department of Fish and Game to maintain complete records on all revenues, receipts, loans and expenditures made from the Fish and Wildlife Pollution Account. Chapter 251, Statutes of 1996 AB 2320 (House-R) - Sportfishing Licenses Authorizes the use of a second-rod stamp for sportfishing in all state waters. Requires the establishment of an advisory committee to study changes in the process by which sportfishing licenses are sold. Makes certain sportfishing licenses valid for a period determined by the Department of Fish and Game. (Failed passage in Senate Natural Resources and Wildlife Committee) AB 2398 (Alpert-D) - Lifetime Sportsman's Licenses Reduces the lifetime sportsman's licenses fees and changes the fee classifications. Deletes the termination date for a licensee who is no longer a resident of this state. Also authorizes special license tags and stamps, as specified. (Died in Assembly Water, Parks and Wildlife Committee) AB 2451 (Hauser-D) - Commercial Fishing: Salmon Enhancement Extends the sunset date for the Commercial Salmon Trollers' Enhancement and Restoration Program, from January 1, 1997 to January 1, 2002. Chapter 250, Statutes of 1996 AB 2452 (Hauser-D) - Commercial Fishing: Dungeness Crab Restricts the commercial take of Dungeness crab in Fish and Game Districts 10, 16, 17, or 18 to daylight hours only during the first thirty days of the season. Creates and expands certain restrictions and prohibitions on the commercial take of Dungeness crab from the waters of the States of California, Oregon, and Washington. (Assembly refuses to concur in Senate amendments) AB 2571 (Cortese-RFM) - Park Facilities: Santa Clara County Appropriates $500,000 from the Public Resources Account to the State Controller for a grant to Santa Clara County to create an interpretive center at Santa Teresa Springs in the county. (Died in Senate Budget and Fiscal Review Committee) AB 2601 (Burton-D) - Commercial Fishing: Herring Requires payment of a $100 fee beginning April 1, 1997 for purchase or renewal of a permit to take herring for commercial purposes in San Francisco Bay. Also establishes a herring research and management account within the Fish and Game Preservation Fund. Chapter 584, Statutes of 1996 AB 2628 (Firestone-R) - Commercial Fishing: Sea Cucumbers Establishes a limited-entry commercial sea cucumber fishery by authorizing the Department of Fish and Game to issue permits for the commercial take of sea cucumber. Allows the transfer of a permit from a permittee who meets certain qualifications to a licensed commercial fisher. Authorizes the Fish and Game Commission to regulate the commercial sea cucumber fishery. Chapter 585, Statutes of 1996 AB 2733 (Morrow-R) - Anza-Borrego Desert State Park: Coyote Canyon Designates the trail running along Coyote Canyon within Anza- Borrego Desert State Park as the Juan Bautista de Anza Trail. Requires the Department of Parks and Recreation to make certain changes to reflect the designation. (Died in Senate Natural Resources and Wildlife Committee) AB 2735 (Weggeland-R) - California Citrus State Historic Park Authorizes the City of Riverside to spend Proposition 70 funds allocated to the Department of Parks and Recreation for the purposes of acquisition of land for the California Citrus State Historic Park and development of land within the park. Chapter 326, Statutes of 1996 AB 2753 (Kaloogian-R) - Carlsbad State Beaches: Lifeguard Services Authorizes the Department of Parks and Recreation, the City of Carlsbad, or any other public entity that is responsible for providing lifeguard services at state beaches in the Carlsbad area, to enter into an agreement with a private individual, firm, association, organization, partnership, business, trust, corporation, or company for the provision of lifeguard services. Becomes operative only if ACA 35, relative to state government, is enacted and becomes law. (Failed passage in Assembly Local Government Committee) AB 2756 (Hauser-D) - Coho Salmon Restoration Funding Appropriates $4 million, for a 2-year period, from an unspecified fund source to the Department of Fish and Game to support recovery efforts for coho salmon that have been listed under both the federal Endangered Species Act and the California Endangered Species Act, or other species of salmon and steelhead, as specified. (Died in Assembly Appropriations Committee) AB 2757* (Hauser-D) - Fishery Management Authorizes the Department of Fish and Game to adopt regulations to manage any fishery in which the federal government has a fishery management plan in place, if the federal government fails to enact its own regulations. (Withdrawn from enrollment, died at Assembly Desk) AB 2789* (Kuehl-D) - Malibu Pier Authorizes the Department of Parks and Recreation and the City of Malibu to enter into an operating agreement for the repair, refurbishment and operation of the Malibu Pier for a period not to exceed 30 years. Also requires the rent to be reviewed and adjusted at least every 5 years. Chapter 246, Statutes of 1996 AB 2825 (Woods-R) - Water Conduits: Fishery Impact Mitigation Declares that it is the policy of the State of California to protect, restore and enhance fishery habitat in the Sacramento Valley by improving fish passage in the Sacramento River. Authorizes state participation in mitigation of fishery impacts due to the operation of the Hamilton City Pumping Plan of the Glenn-Colusa Irrigation District. Defines participation as the "replacement of defective fish screens and gradient restoration improvements." Authorizes the state to pay 12.5% of the as yet unspecified costs. (Died in Senate Appropriations Committee) AB 2910* (Cortese-RFM) - Bond Act: Parks and Resources Improvement Places before the voters for the November 1966 general election, a general obligation bond act for an unspecified amount to finance a program for the preservation, development, restoration, rehabilitation, improvement, acquisition and enhancement of real property for park, recreational and wildlife purposes. (Died in Assembly Water, Parks and Wildlife Committee) AB 2937 (Brulte-R) - Air Pollution: Water Quality Requires the State Air Resources Board, air pollution control and air quality management districts, the State Water Resources Control Board, and regional water quality control boards to adopt regulations classifying minor violations. Defines the term "notice to comply," and requires a representative of those agencies who, in the course of conducting an inspection, detects a minor violation, to issue a notice to comply. Requires the 2 state boards to report to the Legislature, by January 1, 2000, regarding implementation of the bill. Chapter 775, Statutes of 1996 AB 3014* (Cortese-RFM) - State and Local Improvement Bond Act Places before the voters at the November 5, 1996 statewide election the $300 million State and Local Parks Improvement Bond Act of 1996 for the purpose of financing a program for the development, expansion, restoration, rehabilitation, improvement, preservation, protection, interpretation, enhancement, and increased utilization of real property for state and local parks and recreational facilities, and for the acquisition, development, rehabilitation, restoration, and interpretation of historical resources. (Died on Assembly Floor) AB 3044 (Olberg-R) - Oil Spills: Repair or Maintenance Projects Requires the administrator for oil spill response to coordinate all actions required by the state or local agencies to assess injury to, and provide full mitigation for, or restore, rehabilitate, or replace, natural resources, that are damaged by an oil spill. Requires the responsible party to be liable for all coordination costs incurred by the administrator, and specifies related matters. Chapter 776, Statutes of 1996 AB 3083 (Olberg-R) - Surface Mining Operations Amends the Surface Mining and Reclamation Act by authorizing a public agency, if it enters into a contract for a construction project that includes a surface mining operation, to use a performance bond posted within the public agency by the contractor as a financial assurance instrument. (Died in Assembly Appropriations Committee) AB 3158 (Olberg-R) - Environmental Regulations: Cost- effectiveness Requires the Director of Finance, the Secretary of Trade and Commerce, and the Secretary of the California Environmental Protection Agency (Cal EPA) to evaluate and report to the Governor the success and progress of Cal EPA in conducting cost- effectiveness evaluations of major regulations as required by existing law. (Failed passage in Senate Natural Resources and Wildlife Committee) AB 3245 (Bordonaro-R) - Fish and Game Makes changes to various sections of the Fish and Game Code relating to commercial fishing, sport hunting and sport fishing. Chapter 870, Statutes of 1996 AB 3262 (Ackerman-R) - Range Management Advisory Committee Requires the Secretaries of Resources and of Food and Agriculture, and the California Environmental Protection Agency, to notify the Range Management Advisory Committee (RMAC) of, and are encouraged to consult with the advisory committee, on range resource issues that are under consideration. Chapter 297, Statutes of 1996 AB 3344 (Brewer-R) - Reclaimed Water Prohibits, until January 1, 2007, any person or entity from depositing, permitting to pass, or placing where it can pass, any unclaimed water into the waters of the Upper Newport Bay Ecological Reserve. (Died on Senate Inactive File) AB 3446 (Brewer-R) - Natural Community Conservation Planning: Funding Makes permissive, rather than mandatory, reimbursement for costs incurred by the Department of Fish and Game in the preparation and implementation of natural community conservation planning agreements. Chapter 593, Statutes of 1996 AB 3495* (Kaloogian-R) - Budget Trailer Bill: Natural Resources Allows, for 1 year, certain administrative flexibilities pursuant to the Performance-Based Budgeting Pilot Project for the Department of Parks and Recreation and the California Conservation Corps. Allows the Department of Parks and Recreation to enter into a long term contract for the purpose of renovating the Crystal Cove State Park and opening it to public access. Reduces the Department of Motor Vehicle's administrative charges from $9 to $7 to more accurately reflect actual costs of off-highway vehicle Green Sticker fee collection. Removes State Fire Marshal responsibility over state- occupied/leased buildings. States legislative intent for the Department of Forestry and Fire Protection to enter into equitable cost-sharing agreements for capital outlay projects related to cooperative agreements. Chapter 202, Statutes of 1996 AJR 6 (Olberg-R) - California Desert Protection Act: Repeal Memorializes the President and Congress to repeal the California Desert Protection Act. (Died in Assembly Natural Resources Committee) AB 9X* (Sher-D) - Surface Mining Operations Revises exemptions in the Surface Mining and Reclamation Act of 1975 relating to prospecting for, or extraction of, minerals and the removal of overburden, as specified. (Died in Assembly Natural Resources Committee)