7sfa09

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

Air Pollution

SB 230 (Alpert-D) Air pollution: volatile organic compounds

Delays, from 1998 to 2003, the State Air Resources Board regulation of volatile organic compound emissions from disinfectant products.

Chapter 689, Statutes of 1997

SB 318 (Thompson-D) Air pollution: rice straw burning

1. Temporarily revises the schedule that limits the burning of rice straw in the Sacramento Valley Air Basin.
2. Revises the conditions governing the burning of rice straw for disease control.
3. Establishes a loan guarantee fund to promote alternative uses of rice straw.

Chapter 745, Statutes of 1997

SB 638 (O'Connell-D) Air pollution: nonagricultural burning

Establishes an explicit exemption from air quality regulations for the burning, in a respectful and dignified manner, of an unserviceable American flag that is no longer fit for display.

Chapter 538, Statutes of 1997

SB 675* (Costa-D) Air pollution: odors

Extends the sunset date in current law for a specified 4-year period which precludes air districts from enforcing nuisance abatement actions against composting facilities. Requires the California Integrated Waste Management Board, on or before April 1, 1998, to convene a working group to assist in the implementation of the exemption.

Chapter 788, Statutes of 1997

SB 987 (Sher-D) Air pollution: aerosol paints

Prohibits the State Air Resources Board from adopting regulations resulting in the ban of aerosol paints.

Chapter 568, Statutes of 1997

SB 1203 (Hayden-D) Air pollution: airport expansion

Prohibits the South Coast Air Quality Management District from approving an airport expansion unless the south coast district board finds that the airport expansion will not cause a net increase in emissions of pollutants subject to state or federal ambient air quality standards.

(In Senate Transportation Committee)

SB 1247* (Hayden-D) South Coast Air Quality Management District

Requires the South Coast Air Quality Management District to include in its forecasts, reports, and notifications prescribed information regarding levels of particulate matter 2.5 microns or larger (PM2.5) that exceed a certain concentration. Requires a south coast district to revise its 1997 air quality management plan and include, in any subsequent plan, provisions to achieve compliance with the proposed Environmental Protection Agency standard for PM2.5 by 2002 and to establish a target date for reducing, as specified, the premature deaths estimated to be caused by particulate matter in the greater Los Angeles area.

(In Senate Environmental Quality Committee)

SB 1306 (Sher-D) Air pollution: particulate matter

Enacts the Particulate Matter Research Act of 1997, which requires the State Air Resources Board to undertake a particulate matter research program and establishes the Particulate Matter Research Program Advisory Committee.

Vetoed by the Governor

SB 1343 (Johannessen-R) Air pollution: vehicular emissions: particulate matter

Requires the State Air Resources Board to give as much consideration to new technological advances when considering methods to reduce particulate matter as it gives to reconstituted fuel.

(In Senate Transportation Committee)

AB 392 (Granlund-R) Mojave Desert Air Quality Management District

1. Requires the public member of the Mojave Desert Air Quality Management District to be a resident of the Mojave Desert district and deletes the provision that the member be appointed for a term of 2 years.
2. Deletes the requirement that an alternate appointed by a board of supervisors be an elected official.
3. Becomes operative on January 1, 1999.

(On Senate Inactive File)

AB 968 (Knox-D) Air pollution: fine particles: monitoring program

Requires the State Air Resources Board to conduct a specified program to monitor particles smaller than 2.5 microns in diameter (PM 2.5) and report annually, by January 1, to the Legislature on the status and results of the program.

Chapter 518, Statutes of 1997

AB 1061 (Machado-D) Air pollution: districts: rules and regulations

1. Allows any person to inform the local air pollution control districts within 60 days of the published rule change of any similar federal, state or local air requirement.
2. Requires the district to prepare a written analysis for any new rule change identifying all existing and proposed federal and local district rules applying to the same type of equipment or source type.
3. Requires the district to include the analysis in the public hearing notice for the rule change.

Chapter 519, Statutes of 1997

AB 1114 (Napolitano-D) South Coast Air Quality Management District: audit

Requires the Bureau of State Audits to conduct a management and fiscal audit of the South Coast Air Quality Management District and make recommendations to the Legislature and the district.

(In Assembly Appropriations Committee)

AB 1310 (Wayne-D) Air pollution: San Diego district budget: permit fees

Authorizes, effective January 1, 1998, the San Diego Air Pollution Control District's fees for authority to construct permits and permits to operate for stationary sources to reflect the district's actual costs. Authorizes, on and after January 1, 1999, individual fees for such permits to exceed 15% in any fiscal year if the total aggregate increase in the existing fee does not exceed 15% in the fiscal year. Provides that the aforementioned provision shall remain in effect, provided specific conditions continue to be met by the district.

Chapter 406, Statutes of 1997

AB 1368 (Villaraigosa-D) California Air Quality and Energy Efficiency Program

Establishes the California Air Quality and Energy Efficiency Joint Powers Agency with members appointed by the Governor and the Legislature. Authorizes the agency, local air districts or cities or counties to award grants for the purchase of new low emission heavy duty diesel engines or the replacement or retrofit of existing engines, as well as projects for research and development. Establishes grant criteria, specifies eligible recipients, establishes administrative requirements and requires various evaluation mechanisms and reports on program effectiveness.

Imposes a 6 cents-per-gallon air quality impact mitigation fee on noncomplying diesel fuel used in the state, places the revenue in a new trust fund, and authorizes the Legislature to place revenues from the General Fund and existing smog check repair accounts in the new fund to support the engine replacement and purchase programs proposed by the bill.

(In Senate Transportation Committee)

AB 1437 (Cardoza-D) Air pollution: transported pollutants

Establishes the Transported Air Pollution Mitigation Act of 1997. Requires upwind air pollution control districts to make mitigation payments to downwind districts in lieu of actual emission reductions. Implements Smog Check II in every upwind district which has an overwhelming or significant contributing level of transported pollutants to a downwind district that is not in attainment.

(In Assembly Natural Resources Committee)

AB 1583 (Shelley-D) Air pollution

Extends the stationary source fee for implementation of the California Clean Air Act for 2 years, until July 1, 1999. (This fee is collected from businesses which emit 500 tons or more per year of any non-attainment pollutant.) Clarifies implementation priorities. Establishes reporting requirements to the Legislature.

Chapter 713, Statutes of 1997

NOTE: See Transportation for legislation relating to motor vehicle emissions.

Coastal Resources

SB 2* (Thompson-D) Parks and resources improvement: bond act

Upon passage by the voters in the November 1998 election, authorizes the sale of $495.5 million in general obligation bonds for the purpose of financing a program for the acquisition, development, improvement, rehabilitation, restoration, enhancement and protection of park, recreational, cultural, historical, fish and wildlife, fresh water, and coastal resources.

(In Senate Appropriations Committee)

SB 62 (McPherson-R) California State Mussel Watch Program

Appropriates $145,000 from the General Fund for the California State Mussel Watch Program for the 1997-98 fiscal year, and creates statutory authority for the permanent creation of the program, to the extent funding is appropriated.

Chapter 781, Statutes of 1997

SB 72 (McPherson-R) Coastal development permit fees: coastal access grants

Establishes the Coastal Access Account for the deposit of all development fees paid to the California Coastal Commission. Provides that 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.

Chapter 782, Statutes of 1997

SB 499 (Alpert-D) Water quality: nonpoint source pollution

Requires the State Water Resources Control Board and the California Coastal Commission to work cooperatively together to develop and implement a specific plan and strategy to address nonpoint source pollution as it impacts coastal waters. Requires the commission to prepare a model urban nonpoint source pollution protection program.

Vetoed by the Governor

SB 1048 (Sher-D) Coastal conservancy: San Francisco Bay Area Conservancy

Establishes the San Francisco Bay Area Conservancy Program and account, administered by the California Coastal Conservancy, for the purposes of coordinating recreational and resource needs of the San Francisco Bay.

Chapter 896, Statutes of 1997

SB 1122 (Craven-R) Public beach enhancement

Establishes the California Public Beach Enhancement Program, to be administered by the State Department of Boating and Waterways, for public beach enhancement purposes. Requires the department to appoint a technical advisory board to provide direction and guidance to the department on implementation of the program. Requires the department, not later than January 1, 1999, to prepare and submit to the Legislature a report on the funding and operation of the program. Appropriates $15 million from the General Fund to the department to establish and fund the program.

(In Senate Natural Resources Committee)

AB 198 (Wayne-D) Coastal resources: California Coastal Commission

1. Requires coastal regions with 3 counties to nominate both county supervisors and city council members for appointment to the California Coastal Commission;
2. Establishes regional nominations for appointment to the California Coastal Commission to be made within 45 days from a request; and
3. Reduces from 60 to 45 days the time that coastal regions have to nominate coastal commission appointees if the initial list of candidates are rejected.

Chapter 162, Statutes of 1997

AB 548 (Aroner-D) Water quality: coastal bays

Requires the North Coast, San Francisco Bay, Central Coast, Los Angeles, and San Diego regional water quality control boards to conduct unannounced inspections of facilities that under federal permits discharge waste to Humboldt, Tomales, San Francisco, Monterey, Santa Monica, or San Diego Bays. Requires major dischargers (i.e., those discharging more than 1 million gallons per day) to be inspected at least 4 times annually and other dischargers 2 times annually to determine compliance.

Authorizes the regional boards to conduct unannounced inspections in accordance with the specified conditions.

(Failed passage in Assembly Environmental Safety and Toxic Materials Committee; reconsideration granted)

AB 1000* (Keeley-D) Clean coastal waters and rivers: bond act

Authorizes, subject to voter approval at the November 1998 statewide election, the issuance and sale of $647 million in general obligation bonds, the proceeds of which are to be used for capital outlay and related programs primarily for coastal waters and rivers.

(In Assembly Appropriations Committee)

AB 1022 (Lempert-D) Coastal resources: commission: gift reporting

Requires any member of the California Coastal Commission who receives a gift worth $10 or more to either report that gift within 7 days to the commission or, if received within 7 days of a commission hearing, disclose the gift on the record of that hearing.

Vetoed by the Governor

AB 1084 (Bowen-D) Coastal resources: commissions: membership: communications

Changes the composition of the California Coastal Commission by removing the ex-officio members. Modifies the qualifications for appointment to the commission and the San Francisco Bay Development Conservation Commission.

(Failed passage on the Senate Floor)

AB 1228 (Ducheny-D) Public beach enhancement

Establishes the Public Beach Enhancement Program to be administered by the State Department of Boating and Waterways to address sand replenishment and sand retention projects, including: (1) developing criteria to prioritize projects, (2) undertaking 2 pilot projects to evaluate the effectiveness of the projects, and (3) evaluating the need for future sand replenishment and retention projects.

(In Senate Appropriations Committee)

AB 1429 (Shelley-D) Water quality

Requires the State Water Resources Control Board, by January 1, 2001, to design a comprehensive program to monitor the quality of state coastal waters and their marine resources for a variety of pollutants. Requires the state board, by January 1, 2000, to inventory existing coastal water quality monitoring and to publish that inventory in a report available to the public. Allows the state board to contract with institutions with expertise in coastal water quality monitoring for completion of these tasks.

Chapter 899, Statutes of 1997

AB 1581 (Keeley-D) Coastal and ocean resources management programs: funding

Appropriates $1,520,000 from the General Fund, as follows:

1. $685,000 to the California Coastal Commission for administration and support of the commission and for grants to local jurisdictions for the preparation of local coastal programs;
2. $420,000 to the State Water Resources Control Board for water quality monitoring activities pertaining to coastal resources; and
3. $415,000 to the Resources Agency for commission networking equipment and to contract for services to upgrade the commission's computer system.

Chapter 779, Statutes of 1997

Endangered Species

SB 75* (Hayden-D) Endangered species: incidental taking

Authorizes the State Department of Fish and Game to adopt regulations specifying the terms under which individual species listed under the California Endangered Species Act may be taken by individual parties.

(In Senate Natural Resources and Wildlife Committee)

SB 78 (Thompson-D) Income taxes: contributions: endangered species

Reinstates and extends the existing income tax check-off for rare and endangered fish, wildlife and plants from January 1, 1997 January 1, 2002, if check-off contributions are at least $250,000 annually.

Chapter 87, Statutes of 1997

SB 231 (Costa-D) Routine and ongoing agricultural activities

1. Requires the State Department of Fish and Game, in cooperation with the State Department of Food and Agriculture and others, to adopt regulations that authorize locally designed voluntary programs for routine and ongoing agricultural activities on farms or ranches to encourage habitat for candidate, threatened, or endangered species, and wildlife generally.
2. Authorizes the take of species listed as candidate, threatened, or endangered incidental to routine, ongoing agricultural activities, while the management practices developed under the bill are followed.
3. Provides that, until December 21, 2001, accidental take of candidate, threatened, or endangered species resulting from inadvertent or ordinary negligent acts that occur on a farm or a ranch in the course of otherwise lawful routine and ongoing agricultural activities is not prohibited by the bill's provisions.

Chapter 528, Statutes of 1997

SB 879 (Johnston-D) Endangered species

Authorizes the State Department of Fish and Game (DFG) to issue incidental take permits, subject to the following provisions:

1. Requires, as a condition of the permit, that the take be incidental to otherwise lawful activities.
2. Requires, as a condition of the permit, that the impacts of the taking be minimized and fully mitigated.
3. Requires, as a condition of the permit, that the permit be consistent with any recovery plan.
4. Requires, as a condition of the permit, that the applicant provide adequate funding to implement the necessary mitigation measures.
5. Prohibits the issuance of a permit if the DFG finds, based on best scientific and other information, that the continued existence of the species would be in jeopardy.
6. Requires the DFG to adopt regulations with respect to the authorization of take pursuant to the California Environmental Quality Act.
7. Grandfathers all applications for a permit that were begun prior to April 10, 1997, all permits approved by the DFG prior to April 10, 1997, and those permits approved between April 10, 1997 and January 1, 1998 that meet the substantive criteria of this bill.

Chapter 567, Statutes of 1997

AB 21 (Olberg-R) Endangered, threatened, or candidate species

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.

Chapter 508, Statutes of 1997

AB 212 (Woods-R) Endangered species: environmental quality: levees

Exempts any project to maintain, repair or restore an existing flood control levee from the requirements of the California Environmental Quality Act and the California Endangered Species Act. Applies only within the existing right-of-way of the levee.

(Failed passage in Assembly Water, Parks and Wildlife Committee)

AB 279 (Battin-R) Endangered species

Makes numerous changes to the California Endangered Species Act. Among other things, authorizes the State Department of Fish and Game to enter into long-term conservation partnership contracts with private persons, nonprofit organizations, public corporations and other governmental entities to promote the protection and enhancement of rare and endangered species.

(Failed passage in Assembly Water, Parks and Wildlife Committee; motion to withdraw from committee failed)

AB 409 (Machado-D) Threatened and endangered species: taking

Allows the State Department of Fish and Game (DFG) to issue permits and memoranda of understanding for the take of endangered or threatened species for scientific, educational, or management purposes, or as incidental to otherwise lawful activities. Grandfathers all 160 permits that have already been issued by the DFG.

(In Senate Natural Resources and Wildlife Committee)

AB 605 (Ashburn-R) Endangered species

Revises the California Endangered Species Act as follows:

1. Requires the State Fish and Game Commission to publish a notice upon receipt of a petition to change the status of a threatened or endangered species.
2. Authorizes the commission, upon request of the Director of Fish and Game to grant the department an extension of time, not to exceed 30 days, to allow the department additional time to further analyze and evaluate the petition and complete its evaluation report.
3. Allows a petitioner to amend a petition at any time prior to the beginning of a meeting held by the commission, and requires the commission to schedule the petition for consideration not sooner than 30 days after receipt and public release of the evaluation report.

Chapter 515, Statutes of 1997

AB 1047 (Cardenas-D) Endangered species: taking: public utilities

Authorizes the State Department of Fish and Game to issue permits or enter into memorandums of understanding to authorize the taking of a candidate, threatened, or endangered species by public utilities or other public entities providing water, electricity, or gas service.

(In Assembly Water, Parks and Wildlife Committee)

AB 1279* (Bustamante-D) Endangered species: recovery strategy

Deletes cross-references in a recovery strategy pilot program to a non-existent statute.

Chapter 147, Statutes of 1997

AB 1280* (Bustamante-D) Endangered species: recovery strategy program

Requires the State Department of Fish and Game to develop and implement recovery strategies for the Greater Sandhill crane. Authorizes the State Fish and Game Commission to identify 4 additional species that are listed as candidate, threatened, or endangered for inclusion in the program.

Chapter 522, Statutes of 1997

AB 1281 (Bustamante-D) Endangered species: levees

Requires the State Department of Fish and Game (DFG), in consultation with the State Department of Water Resources, to conduct a study regarding the effect that endangered species and their habitat have had on flood control levees. Requires DFG to report findings from the study to the Legislature on or before July 1, 1998.

(On Senate Inactive File)

AB 1286 (Bowen-D) Endangered species

Requires the State Department of Fish and Game to require mitigation for impacts related to the taking of listed and candidate species and their habitat. Requires mitigation to be designed to provide a net conservation benefit to the affected species.

(In Assembly Water, Parks and Wildlife Committee)

AB 1350 (Prenter-R) Endangered species

Revises the procedures for petitioning the State Fish and Game Commission to add or remove a species from the list of threatened species or the list of endangered species. Specifies the contents of the petition and requires public hearings and notice pursuant to the Administrative Procedure Act. Deletes the requirement in existing law that the commission designate candidate species. Provides for scientific peer review of information considered in the listing process and for an economic assessment of the petitioned action. Requires the State Department of Fish and Game to review each species listed as an endangered species or a threatened species every 5 years. Requires the department to annually prepare a report summarizing the status of all state listed endangered and threatened species.

(Failed passage in Assembly Water, Parks and Wildlife Committee; reconsideration granted)

AB 1463 (Olberg-R) Endangered species: incidental taking

Allows for the take of an endangered or threatened species incidental to any activity necessary for the immediate protection of public health and safety or incidental to the repair or replacement of any facility damaged as a result of a disaster and in an area declared to be in a state of emergency by the Governor.

(Failed passage in Senate Natural Resources and Wildlife Committee; reconsideration granted)

AB 1505 (Ashburn-R) Isabella Dam and Reservoir

Requires the State Department of Fish and Game to coordinate with the federal government to promote the preservation of species and their habitats within the locale of Isabella Dam and Reservoir in Kern County in order to facilitate the continued operation of the facilities for flood control and water storage.

Chapter 525, Statutes of 1997

AJR 3 (Baca-D) Endangered species: Delhi Sands flower-loving fly

Memorializes the President and Congress to encourage the Secretary of the Department of Interior and the U.S. Fish and Wildlife Service to consider delisting the Delhi Sands flower-loving fly from the federal endangered species list.

(Refused adoption in Senate Natural Resources and Wildlife Committee)

AJR 12 (Mazzoni-D) Bolinas Lagoon

Makes findings and declarations regarding the unique properties of Bolinas Lagoon, including its valuable habitat, its variety of wildlife, it popularity with visitors, and its economic contribution to the region. Requests appropriation of federal funds to preserve and protect this valuable national and state resource.

Resolution Chapter 44, Statutes of 1997

AJR 33 (Machado-D) Land and Water Conservation Fund

Memorializes the President and Congress to support the state component of the Land and Water Conservation Fund, as well as the federal component, and to renew and strengthen our nation's investment in places that conserve our natural and cultural heritage and provide recreational opportunities for all Americans.

(In Assembly Rules Committee)

Environmental Quality

SB 181* (Kopp-I) Environmental quality: ballpark property: private levees

Exempts from the California Environmental Quality Act (CEQA), until January 1, 2000, the relocation of occupants or uses from real property of the Port of San Francisco if certain conditions are met. Also exempts from CEQA, until January 1, 1999, repair, reconstruction, restoration, or rehabilitation of a public facility or private levee damaged or destroyed by the storms and floods of 1997 in a disaster-stricken area for which the Governor has proclaimed a state of emergency.

Chapter 4, Statutes of 1997

SB 521 (Mountjoy-R) Gasoline: MTBE

Enacts the MTBE Public Health and Environmental Protection Act of 1997, appropriating $520,000 from the Motor Vehicle Fuel Account in the Transportation Tax Fund to the University of California for a study and assessment of the human health and environmental risks and benefits, if any, of MTBE, to be submitted by January 1, 1999. Requires the Governor to take prescribed actions, including certifying whether there is a risk to human health, or the environment, of using MTBE in gasoline, and taking appropriate action to protect public health and the environment, if there is such a risk.

Chapter 816, Statutes of 1997

SB 581 (Knight-R) Environmental impact reports: Department of Defense project

Provides legislative intent that a dispute exists regarding the applicability of California Environmental Quality Act (CEQA) to the approval of State Department of Defense (DOD) projects by the Department of Toxic Substances Control (DTSC). Requires the Office of Planning and Research Director and the Secretary of the Resources Agency to review CEQA, the guidelines, or any state statute directly and solely related to environmental review and approval of DOD projects by DTSC and recommend any changes to resolve this dispute. Requires that any recommendation made provide the equivalent environmental protection and public participation in the approval of DOD projects by the DTSC to that provided pursuant CEQA. Requires the director and secretary to report any recommended changes to the Legislature by March 1, 1998.

(Failed passage in Assembly Natural Resources Committee; reconsideration granted)

SB 715 (Sher-D) Environmental quality

Requires the Governor's Office of Planning and Research (OPR), as part of its existing public assistance and information program, to establish and maintain a central repository for the collection, storage, retrieval, and dissemination of notices of exemption, notices of preparation, notices of determination, and notices of completion and make the notices available through the Internet. Provides that OPR may coordinate with another state agency for that agency to make the notices available through the Internet. Also makes policy changes to the California Environmental Quality Act .

(In Assembly Natural Resources Committee)

SB 775* (Johannessen-R) Gasoline: MTBE: study

Requires the State Air Resources Board to conduct a prescribed study, in conjunction with private industry, on the health effects of methyl tertiary butyl ether (MTBE), as specified.

(In Senate Environmental Quality Committee)

SB 1059 (Costa-D) Environmental quality project review fees

Repeals the authority of the State Department of Fish and Game to collect a filing fee from project applicants where applications were submitted in compliance with the California Environmental Quality Act. Creates the Fish and Wildlife Resources Stewardship Fund from the revenue paid to the state from oil and gas leases, the purpose of which is to pay the costs of the department as a trustee agency. Also deletes the provisions which subject, where state trust resources exist and depend upon federal lands, federally sponsored projects to a filing fee requirement.

(In Assembly Natural Resources Committee)

SB 1113 (Solis-D) Environmental quality: minority and low-income populations

Requires changes to the California Environmental Quality Act guidelines so that public agencies will be able to address environmental justice matters. To assist public agencies, requires the Office of Planning and Research to identify communities and populations disproportionately affected by high and adverse environmental effects. Includes related legislative intent.

Vetoed by the Governor

SB 1114 (Solis-D) Land use: development permits

Identifies the Office of Permit Assistance (OPA), within the Trade and Commerce Agency, as the sole entity in state government responsible for providing information and assistance to development project applicants. OPA is also required to provide information and assistance to other state and local agencies to assist them in meeting the requirements of CEQA. Limits other state agencies to providing information and assistance on permit requirements relating solely to that agency.

(On Senate Inactive File)

SB 1320* (Sher-D) Environmental protection

Establishes external scientific peer review requirements for all boards, departments and offices in the California Environmental Protection Agency. Requires the State Department of Toxic Substances Control to determine whether it is more economical to provide Richwood residents with a substitute source of drinking water.

Chapter 295, Statutes of 1997

AB 175 (Torlakson-D) Environmental quality: development projects: notification

Exempts from the California Environmental Act residential housing development projects of not more than 100 units in an urbanized area, where the project is not more than 5 acres in size. Provides for the early involvement of responsible parties in review of public infrastructure projects.

Chapter 415, Statutes of 1997

AB 212 (Woods-R) Endangered species: environmental quality: levees

Exempts any project to maintain, repair, or restore an existing flood control levee from the requirements of the California Environmental Quality Act.

(Failed passage in Assembly Water, Parks and Wildlife Committee)

AB 475 (Pringle-R) Office of Permit Assistance: reports

Changes the reporting frequency from quarterly to yearly for state agencies and departments to provide reports to the Trade and Commerce Agency on fees they collect. Requires submittal of reports until 1999 for the California Environmental Protection Agency, Resources Agency and State Board of Equalization and their entities and until 2000 for all other state agencies and departments. Requires the California Environmental Protection Agency, in consultation with others, to develop a fee report form for data submittal.

Chapter 719, Statutes of 1997

AB 592 (Kuehl-D) MTBE: Drinking water

Enacts the Local Drinking Water Protection Act requiring the Department of Health Services to start the process of adopting a primary drinking water standard for MTBE and adopts a secondary drinking water standard on or before July 1, 1998, that does not exceed a consumer acceptance level for MTBE. Requires the California Drinking Water and Toxic Enforcement Act Scientific Advisory Panel to make a recommendation to the Office of Environmental Health Hazard assessment as to whether MTBC shall be tested as carcinogenic or reproductive toxin.

Chapter 814, Statutes of 1997

Forestry

The major issue of this subsection was the public acquisition of the Headwaters Forest by the federal government and the state's role in this acquisition. The Headwaters Forest is located in Humboldt County and includes the largest remaining privately-owned grove of virgin old-growth coastal redwoods. On September 28, 1996, California and the federal government entered into an agreement with MAXXAM, Inc. for the purchase of the Headwaters Forest, the Elk Head Spring Grove, and the surrounding buffer lands totaling 7,500 acres. The agreement provided for a 10-month moratorium on commercial logging and timber salvage operations within the forest and surrounding forestlands and for the preparation of the multispecies Habitat Conservation Plan and Sustained Yield Plan addressing the impact of future timber operations on lands surrounding the Headwaters Forest and buffer area. The Legislature passed SCR 18 (Sher) creating the Joint Committee on Headwaters Forest and Ecosystem Management Planning to provide some insight on this issue. At the time of this writing, the federal government had a tentative agreement with the owners of Pacific Lumber Company, which owns the headwaters. State issues on this subject will probably be resolved in 1998.

SB 251 (Thompson-D) Headwaters Forest

Requires money from the sale or lease of specified parcels of real property belonging to the state to be deposited in the newly created Headwaters Acquisition Fund. Requires money in the fund to be available, upon appropriation by the Legislature, to the Wildlife Conservation Board for expenditure to complete public acquisition of the Headwaters Forest.

(In Assembly Natural Resources Committee)

SB 533 (Sher-D) Headwaters Forest Preserve

Defines "Headwaters Forest Preserve" as those properties located in Humboldt County that consist of a total of 7,500 acres of forest land, including approximately 3,000 contiguous acres of virgin old-growth redwood forest within the Salmon Creek and south fork of the Elk River watersheds, the Elk Head Springs grove, and an adjoining previously harvested area within those watersheds not to exceed 4,500 acres. Specifies that the lands comprising the Headwaters Forest are depicted on a map entitled, "Headwaters Settlement Proposal," dated September 28, 1996, which is on file and available for public inspection in the offices of the Resources Agency.

(In Assembly Natural Resources Committee)

SB 989 (Sher-D) State Board of Forestry: name change

Changes the name of the State Board of Forestry to the State Board of Forestry and Fire Protection.

(On Assembly Inactive File)

SB 1228 (Hayden-D) Wildlife: salmon and steelhead

Declares it is state policy that salmon and steelhead fisheries and the watershed features that affect these fisheries are to be protected and restored. Requires the State Department of Forestry and Fire Protection and every registered professional forester to ensure that the uses of watercourses are protected from impacts of timber harvesting. Authorizes the department to enter into cost-sharing cooperative arrangements with owners of less than 10,000 acres of forestland to fund fisheries and watershed protection restoration work and required preparation of plans and mitigation monitoring.

(In Senate Natural Resources and Wildlife Committee)

SCR 18 (Sher-D) Joint Com. on Headwaters Forest & Ecosystem Mgt. Planning

Creates the Joint Committee on Headwaters Forest and Ecosystem Management Planning, specifies its membership and duties, and requires a report be submitted to the Legislature with its recommendations and findings. Sunsets the committee on June 30, 1998.

Resolution Chapter 63, Statutes of 1997

AB 65 (Migden-D) Forest resources: Headwaters Forest

Makes legislative findings and declarations relative to preservation of the Headwaters Forest.

(In Senate Natural Resources and Wildlife Committee)

AB 169* (Bordonaro-R) State fire protection

Appropriates $70,972,000 for expenditure in the 1996-97 fiscal year in augmentation of the Budget Act of 1996 as follows:

1. $69 million from the General Fund (GF) to the State Department of Forestry and Fire Protection (CDF) for emergency fire suppression and detection costs.
2. $1,962,000 from the GF for CDF to maintain a staff for the 1st fire engine of 1 operator and 2 firefighters 24 hours a day and 7 days a week during the declared fire season, and for the 2nd fire engine at 2-engine stations of 1 operator and 2 firefighters 24 hours a day and 7 days a week during the declared peak fire season.
3. $10,000 from the GF to CDF to pay the costs of the State Board of Forestry to complete the appendix to its 1996 fire protection plan.

Chapter 10, Statutes of 1997 - Item Veto

AB 187 (Keeley-D) Timber harvesting plans: counties

Allows specified counties to hold a public hearing at which a timber harvesting plan (THP) can be amended by mutual agreement of the county, the State Department of Forestry and Fire Protection and the THP applicant. Bars the county from subsequently appealing the THP if the THP is amended pursuant to this process.

(In Senate Appropriations Committee)

AB 262 (Woods-R) Forest resources: prescribed burning: air contaminants

Deems unintentional and accidental any private prescribed burning of brush-covered lands, under permit, which discharges contaminants or other material in violation of current law due to extraordinary circumstances, such as an act of God. Exempts from civil penalties any person emitting air contaminants under those circumstances.

(In Assembly Natural Resources Committee)

AB 319* (Machado-D) Fire prevention

Appropriates $1.9 million from the General Fund to the State Department of Forestry and Fire Protection for specific fire engine staffing during the 1997-98 fiscal year.

(In Senate Appropriations Committee)

AB 391 (Granlund-R) Fire protection

Requires cooperative agreements entered into by the State Department of Forestry and Fire Protection with counties, cities or special districts for the purpose of preventing and suppressing fires to include a requirement that counties, cities, or special districts notify the department of any intent to cancel the agreement no less than 5 years before the cancellation date. Allows the department to include in these agreements any other terms or conditions it deems necessary.

(In Assembly Natural Resources Committee)

AB 961 (Keeley-D) Soquel Demonstration State Forest: income

Restricts authorized annual timber harvesting by commercial timber operations on the property with the Soquel Demonstration State Forest to an unspecified amount of new growth. Prohibits the costs of operation of the state forest from exceeding the income from those commercial timber operations; and requires that any income that exceeds the costs of operation be used for the fulfillment of other objectives, including research and educational purposes.

(In Assembly Appropriations Committee)

AB 985 (Woods-R) Director of Forestry and Fire Protection: deputy directors

Requires that the Director, or the Chief Deputy Director, of Forestry and Fire Protection have not less than 8 years of experience in a regularly organized fire department in California. Adds the requirement that the remaining "appointee" have not less than 8 years of experience in a field related to natural resources or in another similar field.

(In Assembly Natural Resources Committee)

AB 1179 (Woods-R) Watershed rehabilitation and restoration: statewide plan

Requires the State Department of Forestry and Fire Protection (CDF), in consultation with specified parties, to develop a strategic statewide plan for the rehabilitation and restoration of significant state watersheds. Appropriates $250,000 from the General Fund to CDF for administration of the program and to provide grants up to $10,000 to certain counties developing a watershed program or restoration project.

(In Assembly Appropriations Committee)

AB 1313* (Lempert-D) Timber harvesting plans: exemptions: emergency notices

Prohibits the State Board of Forestry from exempting timber operations within the Coast Forest District which are from a late succession forest stand that is 5 acres or larger. Imposes restrictions on a registered professional forester when filing emergency notices to cut trees in that same district.

(On Assembly Inactive File)

Solid Waste Management

SB 436* (Sher-D) Solid waste: beverage containers: programs

1. Requires the California Integrated Waste Management Board, in consultation with the State Department of Conservation, to prepare and submit a report to the Legislature, by July 1, 1998, that identifies any duplication or overlap between certain programs administered and funded by the 2 entities (e.g., public information and education programs, local government review and assistance programs, recycled materials market development programs).
2. Requires the report to include suggested legislation, budget actions, or administrative actions that could be taken to eliminate duplication or overlap between the 2 entities and programs.

(In Assembly Natural Resources Committee)

SB 681 (O'Connell-D) Beverage containers

Repeals, as of January 1, 2004, the requirement that the State Department of Conservation establish a commingled rate for operators of curbside programs and the provisions prohibiting the imposition of a processing fee on a PET container, under specified conditions. Extends the existing procedures for calculating processing fees until January 1, 2004.

(In Senate Natural Resources and Wildlife Committee)

SB 698 (Rainey-R) Plastic trash bags

Requires, until January 1, 2001, manufacturers of plastic trash bags during specified calendar years to make prescribed calculations to determine the recycled postconsumer material factor for the next calendar year. Authorizes the California Integrated Waste Management Board to provide specified credits for a manufacturer's use of postconsumer materials. Requires the board to submit a report on recycled plastic postconsumer material to the Legislature by April 1, 2000.

(Failed passage in Assembly Natural Resources Committee; reconsideration granted)

SB 716 (Alpert-D) Pacific Beach Mobile Recycling Program

Eliminates the January 1, 1998 sunset date on the Pacific Beach Mobile Recycling Program, making the program permanent.

Chapter 488, Statutes of 1997

SB 878 (Karnette-D) Solid waste: diversion requirements: waste to energy credit

Authorizes a city, county, or regional agency to submit to the California Integrated Waste Management Board a revised source reduction and recycling element that includes diversion credit through waste to energy to be applied towards the 50% diversion requirement if specified conditions are met, including that the waste-to-energy credit results from utilization of only the facilities in the City of Commerce, the City of Long Beach, and Stanislaus County, as permitted by the board and as operational on or before January 1, 1990.

(In Senate Environmental Quality Committee)

SB 988 (Sher-D) Solid waste management

Repeals obsolete sections under the California Integrated Waste Management Act, and enacts certain provisions of the Used Oil Recycling Act as part of the California Oil Recycling Enhancement Act, including provisions that (1) require the California Integrated Waste Management Board to coordinate activities and functions with all other state agencies in information gathering; (2) require the board, and every state officer and employee, to encourage the purchase of recycled oil products; (3) require the board to encourage the procurement of rerefined automotive and industrial oils for all state and local uses, under specified circumstances; and (4) require any person who sells to consumers more than 500 gallons of lubricating or other oil annually in containers for use off the premises to inform purchasers.

(In Assembly Natural Resources Committee)

SB 1066 (Sher-D) Solid waste

Allows the California Integrated Waste Management Board (CIWMB), upon the request of the host jurisdiction, to establish an alternative diversion requirement (ADR) or a time extension to the 50% by 2000 diversion requirement if certain conditions are met. Provides CIWMB with the ability to make specific recommendations to the jurisdiction granted an ADR or time extension to implement alternative local diversion programs. Requires CIWMB to include in its market development plan its efforts to encourage and promote cooperative, regional programs to expand markets for recycled material; and to submit a report to the Governor and the Legislature, by September 1, 1998, that details state agencies' regulations as they relate to utilizing recycled products. Allows CIWMB to participate in other state and federal lending programs that leverage funds for the Recycling Market Development Zone program; develop a program to increase the use of compost products in agricultural applications; and, when levying a penalty on a jurisdiction, consider the impact of the failure of state, federal and other local agencies located within the jurisdiction to implement diversion programs.

Chapter 672, Statutes of 1997

SB 1157 (Maddy-R) Beverage containers

Deletes the definition of nonprofit drop-off program from the California Beverage Container Recycling and Litter Reduction Act and makes other technical clarifying changes.

As of January 1, 1999, repeals the act and enacts the California Market-Based Beverage Container Recycling and Litter Reduction Act, declaring the intent of the Legislature.

(In Senate Natural Resources and Wildlife Committee)

SB 1175 (Sher-D) Oil recycling

Revises the definition of "bulk oil" under the California Oil Recycling Enhancement Act. Requires a purchaser of oil that is intended to be sold for use, transferred for use, or used, in an exempt manner, to give the seller an exemption certificate that contains a written declaration that the subject oil is so intended for use in an exempt manner.

(On Assembly Inactive File)

SB 1179 (Polanco-D) Solid waste enterprise: indemnity obligation

Establishes criteria by which local agencies must abide in order to levy a diversion penalty or enforce an indemnification obligation included in any franchise, contract, license, ordinance or permit entered into with a waste/recycling company.

Vetoed by the Governor

SB 1196 (Leslie-R) Solid waste management: plan: countywide siting element

Exempts Alpine County from the countywide siting element and summary plan requirements contained in the Integrated Waste Management Act, provided certain conditions are met.

(On Assembly Inactive File)

SB 1330 (Lockyer-D) Solid waste: farm and ranch cleanup and abatement

Requires, on or before January 1, 1999, the California Integrated Waste Management Board (CIWMB) to establish a farm and ranch solid waste clean-up and abatement grant program under which cities and counties may seek financial assistance for cleaning up and abating illegally disposed solid waste. Limits grants to cities and counties to $10,000 per project, with a total limit of $50,000 per year for any single city or county. Requires CIWMB to give funding priority to cities and counties that have established innovative and cost-effective programs designed to discourage the illegal disposal of solid waste and encourage the proper disposal of solid waste in permitted solid waste disposal facilities. Requires CIWMB, as part of its annual report to the Governor and the Legislature, to include the actions it has taken under the grant program and the number of illegal disposal sites that have been cleaned up and abated because of the grant program. Requires, on or before January 1, 2001, CIWMB to review the grant program and report to the Governor and the Legislature regarding the costs and effectiveness in cleaning up and abating solid waste illegally disposed of on farm or ranch property.

Chapter 875, Statutes of 1997

AB 117 (Escutia-D) Solid waste: demolition or construction debris

Prohibits a person from operating a solid waste facility or "operation" that handles demolition or construction debris, commencing April 1, 1999, except as authorized by the act or California Integrated Waste Management Board (CIWMB) adopted regulations. Requires the CIWMB, by October 1, 1998, to adopt (by tiered regulations) state minimum standards for operating solid waste facilities and "operations" that handle demolition or construction debris. Requires the CIWMB regulations to define "operations" and to "minimize overlap, duplication, and conflict" between CIWMB responsibilities and other state agency responsibilities, consistent with protection of human health and safety and the environment.

(In Senate Environmental Quality Committee)

AB 228 (Migden-D) Newsprint: recycled content: state agencies

Clarifies that the Office of State Printing and other state agencies, as determined by the California Integrated Waste Management Board, are subject to state law that requires commercial printers and publishers to use increasing levels of recycled-content newsprint in their operations.

(In Assembly Appropriations Committee)

AB 375 (Firestone-R) Solid waste: tires: tire wholesalers: tire recovery

Makes a number of significant revisions to the California Tire Recycling Management Program administered by the California Integrated Waste Management Board. Revisions include (1) increasing the tire recycling fee from $0.25 to $0.50 per tire; (2) shifting the point of fee collection from the purchase of new tires at the retail level to the purchase of new tires at the wholesale level; and (3) establishing a new tax ($2 for every vehicle that is sold, leased or distributed by the manufacturer in the state) that would be deposited in a new fund (California Tire Recovery Reimbursement Fund) for reimbursing certified tire recovery programs.

(Failed passage on Assembly Floor; reconsideration granted; on Assembly Inactive File)

AB 705 (Strom-Martin-D) State recycling

Requires state agencies, until January 1, 2001, to procure recycled automotive lubricants, antifreeze, solvents, and paints, provided such products meet specified fitness and quality standards and are available at the same or a lower cost of non-recycled products.

Vetoed by the Governor

AB 964 (Bowen-D) Solid waste landfills: alternative daily cover

Requires local agencies using green waste for alternative daily cover (ADC) to notify their customers of the percentage of green waste being used for composting versus that being used for ADC at a landfill. Requires local agencies using green waste for ADC to have in place a collection, composting or marketing program for green waste.

(In Assembly Natural Resources Committee)

AB 1273 (Woods-R) Solid waste management

Repeals the Used Oil Recycling Act and the Used Oil Collection Demonstration Grant Program Act. Enacts certain provisions of the Used Oil Recycling Act as part of the California Oil Recycling Enhancement Act, including provisions that require the California Integrated Waste Management Board to coordinate activities and functions with all other state agencies in information gathering, requiring the board, and every state officer and employee, to encourage the purchase of recycled oil products; requiring the board to encourage the procurement of rerefined automotive and industrial oils for all state and local uses, under specified circumstances; and requiring any person who sells to consumers more than 500 gallons of lubricating or other oil annually in containers for use off the premises to inform purchasers.

(In Assembly Natural Resources Committee)

AB 1512 (Shelley-D) Beverage containers: recycling: beverages

Expands the types of containers that qualify under the California Beverage Container Recycling and Litter Reduction Act.

(In Assembly Appropriations Committee)

Miscellaneous

SB 2* (Thompson-D) Parks and resources improvement: bond act

Upon passage by the voters in the November 1998 election, authorizes the sale of $495.5 million in general obligation bonds for the purpose of financing a program for the acquisition, development, improvement, rehabilitation, restoration, enhancement and protection of park, recreational, cultural, historical, fish and wildlife, fresh water, and coastal resources.

(In Senate Appropriations Committee)

SB 53 (Thompson-D) Commercial fishing

Changes the fee structure for albacore and pink shrimp commercial licenses and permits.

Vetoed by the Governor

SB 87 (O'Connell-D) Land and water conservation

Authorizes the Secretary of the Resources Agency to implement a tax credit program whereby the owners of property or interests in property may receive a state tax credit of 55% of the fair market value for donating the property to a state or local government or designated nonprofit organization for conservation of land or water.

(In Senate Appropriations Committee)

SB 144 (Thompson-D) Fish

Modifies the circumstances under which white shark, anchovies, finfish and Dungeness crab may be taken.

Chapter 186, Statutes of 1997

SB 156 (Johannessen-R) Real property: acquisition by Wildlife Conservation Board

Prohibits the purchase price for real property acquired by the Wildlife Conservation Board, other than eminent domain, from exceeding the fair market value of the property, as specified. Requires the fair market value to be set forth in an appraisal that is prepared by a licensed real estate appraiser and approved by the State Department of General Services.

Chapter 309, Statutes of 1997

SB 157 (Johannessen-R) Habitat Conservation Fund

Upon approval by the voters at the June 2, 1998 direct primary election, authorizes a minimum of 25% of the Habitat Conservation Fund to be used for the maintenance of land acquired by the state.

(In Senate Natural Resources Committee)

SB 183* (Thompson-D) Fish

Extends the sunset date on the use of revenues generated to support the Steelhead Trout Report-Restoration Card Program from July 1, 1997 to July 1, 2002 and requires the State Department of Fish and Game to report to the Legislature on the program's implementation on or before July 1, 2000.

Chapter 240, Statutes of 1997

SB 263 (McPherson-R) Fish and game: licenses

Reduces the cost of lifetime sportfishing and sportsman's licenses by the State Department of Fish and Game and establishes a new age classification system for lifetime licenses and creates a new lifetime hunting license category.

Chapter 424, Statutes of 1997

SB 271* (Thompson-D) State Lands Commission revenues

The 1997-98 budget trailer bill which creates the Resources Trust Fund and establishes conditions and requirements for the 5-year operation of the fund.

Chapter 293, Statutes of 1997

SB 301 (Sher-D) Personal income and bank and corporation taxes: credits

Increases the individual tax credit rate for costs paid to restore and improve salmon and steelhead trout habitat from 10% of costs to 15%, and increases the amount a taxpayer may claim from $50,000 to $100,000. Does not change the annual statewide limit on the credit.

(In Senate Appropriations Committee)

SB 326* (Leslie-R) State lands: marina lease rates

Requires the State Lands Commission (SLC), in consultation with the marina industry, to conduct a study of marina lease rates and terms, including specified issues; and to submit the study and a listing of leasing options to the Legislature and the State Department of Finance on or before August 31, 1997.

(In Assembly Natural Resources Committee)

SB 329 (McPherson-R) Depredation: wild pigs

Authorizes the taking of wild pigs that are damaging habitat, wildlife, and livestock immediately. Requires the person taking a wild pig to report the taking no later than the next working day to the State Department of Fish and Game (DFG). Requires DFG to develop statewide guidelines for determining what constitutes damage caused by wild pigs and prepare a management plan.

Chapter 481, Statutes of 1997

SB 364 (Sher-D) Commercial fishing: squid

Revises the provisions governing the taking of squid for commercial purposes. Sets specified commercial squid permit fees at amounts not to exceed the reasonable cost incurred by the State Department of Fish and Game in administering the permit program or $2,500, whichever is less. Authorizes, until April 1, 2001, the landing tax revenues collected for squid to be used for purposes of the bill. Becomes inoperative on April 1, 2002.

Chapter 785, Statutes of 1997

SB 423 (Hurtt-R) Environmental audit reports: privilege

Enacts the Environmental Audit Privilege and Voluntary Noncompliance Act of 1997 which:

1. Defines "voluntary self evaluation" as a self-initiated assessment not otherwise required by law. Establishes a privilege against disclosure in legal actions of any information contained in an environmental audit report, and establishes exceptions to that privilege.
2. Prohibits the imposition of criminal, civil, or administrative sanction against any person who, as a result of a voluntary self-evaluation, discloses a violation of an environmental requirement to a regulatory agency, if specified conditions are met.

(Failed passage in Senate Environmental Quality Committee; reconsideration granted)

SB 451 (Watson-D) Land use: general plans: environmental equity

Requires that the land use element of a city or county general plan provide for the general location of commercial and industrial uses that are regulated due to the handling of hazardous materials in order to avoid concentrating these uses in close proximity to schools or residential communities and to provide for the fair treatment of people, regardless of race, culture, and income level.

Vetoed by the Governor

SB 463 (Thompson-D) Abalone

Establishes a 10-year permissive moratorium on the harvest of all species of abalone, for any purpose in ocean waters south of San Francisco. Establishes the price of the abalone stamp at $12, for a recreational diver taking abalone from open areas along the North Coast. Creates the Recreational Abalone Program with a 9-member Recreational Abalone Advisory Committee. Allows the State Department of Fish and Game (DFG) to evaluate the abalone fishery at the end of the first 5 years, at which point the moratorium may be extended or removed. Requires DFG to submit to the Fish and Game Commission a comprehensive abalone recovery and management plan. Increases the penalties for a violation of this article to 5 times the market value of the abalone taken, or $10,000, whichever is greater, and revokes, from the violator, any commercial and sports licenses issued by DFG.

Chapter 787, Statutes of 1997

SB 472 (Maddy-R) Fish: triploid grass carp

Allows the State Department of Fish and Game (DFG) to determine when, or if, it should expand geographically the triploid grass carp stocking permit program. Requires DFG to report annually to the Legislature on the feasibility of expanding its program to 6 more counties, or statewide, or if at all.

Chapter 533, Statutes of 1997

SB 598 (Sher-D) Environmental audits

Makes findings and declarations relative to the benefits and uses of environmental audits. Defines "environmental audit" as a voluntary, systematic, objective, periodic and documented comprehensive review by any person whose facilities are subject to environmental requirements.

(In Assembly Natural Resources Committee)

SB 614* (Thompson-D) Resources: water pollution

Prohibits the use of automobiles on privately owned property along a streambank for the purpose of erosion control.

Chapter 693, Statutes of 1997

SB 647 (Brulte-R) Environmental requirements

Prohibits the assessment of any civil penalty or fine against any person who, as the result of conducting required monitoring, fully discloses a minor violation to the regulating agency having jurisdiction over the matter disclosed.

(In Senate Environmental Quality Committee)

SB 649 (Mountjoy-R) Environmental regulation: tax credit

Establishes a 10% tax credit for certain environmental quality expenses under the Personal Income Tax Law and the Bank and Corporation Tax Law.

(Failed passage in Senate Environmental Quality Committee; reconsideration granted)

SB 661 (O'Connell-D) Water quality: containment zones

Establishes a set of conditions and requirements that the Water Resources Control Board would have to incorporate into any policy or procedure that would allow the operation of a containment zone. Conditions and requirements of the containment zone policy include (1) imposing a burden of proof on the person managing the containment zone to demonstrate that it is not causing the spread of contamination to adjacent lands; and (2) requiring the person managing the containment zone to demonstrate financial capability to manage the containment zone.

(Failed passage in Assembly Appropriations Committee, reconsideration granted)

SB 673 (Karnette-D) Water quality: contaminated sediment

Requires the California Coastal Commission to prepare, by January 1, 2003, a long-term management plan based upon the recommendations of the Los Angeles Basin Regional Contaminated Sediments Task Force, for the dredging and disposal of contaminated sediments in coastal waters adjacent to Los Angeles County, including an examination of disposal alternatives and prevention of contaminants. Appropriates $100,000 each to the commission and the Water Resources Control Board in each of the next 5 fiscal years (1997-98 through 2001-02) for participation in the development of the management plan.

Chapter 897, Statutes of 1997

SB 699 (Rainey-R) Fish: striped bass

Requires persons who take striped bass to obtain a striped bass stamp from the State Department of Fish and Game. Requires funds raised by the stamp to be deposited into the striped bass designated account in the Fish and Game Preservation Fund. Requires revenues to be used for operation of striped bass fisheries with 15% targeted for projects benefiting salmon habitat.

Chapter 398, Statutes of 1997

SB 766 (Leslie-R) Department of Fish and Game

Prohibits the State Department of Fish and Game from poisoning, or contracting to poison, Lake Davis for purposes of fisheries management during the 1997-98 fiscal year.

(In Assembly Budget Committee)

SB 815 (Leslie-R) Tahoe Regional Planning Compact

Modifies provisions governing the board of directors of the Tahoe Transportation District and expands the district's powers including the district's role in owning and operating transportation systems facilities. Adds additional members to the board of directors of the district. Authorizes the district to own and operate transportation facilities including parking lots, maintenance facilities and terminals, related equipment and revenue collection devices.

Chapter 322, Statutes of 1997

SB 1003 (McPherson-R) Aquatic nuisance species

Extends, by 2 years, to January 1, 2000, and modifies the State Department of Fish and Game's program for controlling the introduction or increase of "aquatic nuisance species" via ballast water into California waters.

Chapter 490, Statutes of 1997

SB 1006 (Hayden-D) Marine life refuges

Establishes the Malibu Marine Life Refuge in waters south of the City of Malibu and the Point Dume Marine Life Refuge in ocean waters south of Point Dume. Also requests the University of California to create a panel to perform oversight of monitoring and data collection in the refuges and make recommendations to the State Department of Fish and Game.

Vetoed by the Governor

SB 1120 (Hayden-D) Natural community conservation plans: scientific manual

Requires the State Department of Fish and Game (DFG) to prepare and adopt as regulations a manual of specified content to govern scientific input in the natural community conservation process. Requires DFG to submit biennial reports to the Legislature on the amount of species taken and habitat degraded and permanently protected.

(In Senate Appropriations Committee)

SB 1123 (Hayden-D) Fishing: white croaker

Requires that signs warning of the health hazards associated with the consumption of white croaker fish be posted (1) on commercial passenger fishing boats in the Los Angeles and San Francisco areas, and (2) at public piers, docks and public locations in 7 specified counties. Provides that, if the Office of Environmental Health Hazard Assessment (OEHHA) determines that the white croaker fish are no longer a health risk, the applicable warning sign requirements would become inoperative. In addition, requires (1) OEHHA and the State Department of Health Services (DHS) to determine if the geographic dimensions of the current white croaker ban are effective, or if additional waters should be closed to commercial white croaker fishing; and (2) DHS to inspect and analyze white croaker distributed commercially in Los Angeles and Orange Counties.

Vetoed by the Governor

SB 1143 (Sher-D) Wildlife

Makes it unlawful to use dogs to pursue, to molest or to hunt bears or bobcats.

(Failed passage in Senate Natural Resources and Wildlife Committee; reconsideration granted)

SB 1190 (Hayden-D) Trees: protection and planting: city or county ordinances

Requires cities and counties to adopt an ordinance designed to realize the optimum public benefits of trees by encouraging energy conservation, assist in counteracting global development, abate air and noise pollution, and enhance the visual environment.

(In Assembly Local Government Committee)

SB 1202 (Hayden-D) Historic site preservation: St. Vibiana's Cathedral

States legislative intent to appropriate up to $1 million to the Office of Historic Preservation for acquisition or rehabilitation of St. Vibiana's Cathedral in Los Angeles. Provides that funds revert to the Office of Historic Preservation in the event that the funds are not used for these purposes within 5 years.

(In Assembly Water, Parks and Wildlife Committee)

SB 1228 (Hayden-D) Wildlife: salmon and steelhead

Declares that it is state policy that salmon and steelhead fisheries, and the watershed features that affect these fisheries, are to be protected and restored. Requires the State Department of Forestry and Fire Protection and every registered professional forester to ensure that the uses of watercourses are protected from impacts of timber harvesting. Authorizes the department to enter into cost-sharing cooperative arrangements with owners of less than 10,000 acres of forest land to fund fisheries and watershed protection and restoration work and required preparation of plans and mitigation monitoring. Extends the state's policy to increase the natural production of salmon and steelhead to 2020.

(In Senate Natural Resources and Wildlife Committee)

SB 1320* (Sher-D) Environmental protection

1. Establishes external scientific peer review requirements for all boards, departments and offices in the California Environmental Protection Agency.
2. Requires the State Department of Toxic Substances Control to determine whether it is more economical to provide Richwood residents with a substitute source of drinking water.

Chapter 295, Statutes of 1997

SB 1336 (Thompson-D) Commercial fishing: rockfish: license stamps

Requires all persons who take rockfish for commercial purposes to purchase a rockfish stamp and landing permit from the State Department of Fish and Game. Subjects commercial rockfish landing to a supplemental landing tax. Requires funds to be deposited into a Rockfish Account, created by this bill, for use by the Rockfish Advisory Committee to review research on the rockfish fisheries and to make recommendations to the department.

(In Assembly Water, Parks and Wildlife Committee)

SB 1359 (Costa-D) Environmental quality: agricultural resources

Specifies that, under the California Environmental Quality Act, a project that may cause a substantial, or potentially substantial, adverse change to an agricultural resource, meaning land and water used for agricultural production or for operations incidental to agricultural production, is a project that may have a significant effect on the environment.

(In Senate awaiting committee assignment)

SCR 55 (Mountjoy-R) Gladys Sargent

Declares a memorial bench in honor of Gladys Sargent for her tireless efforts to protect California's animal population, both wild and domestic.

Resolution Chapter 133, Statutes of 1997

SB 7X (Johannessen-R) Streambed alterations

Extends the type and variety of projects and activities that are exempt from review by the State Department of Fish and Game for substantial effects on streambeds and wildlife or fish.

(In Senate Natural Resources and Wildlife Committee)

AB 241* (Lempert-D) Wetlands banking and restoration

Authorizes the formation of the Southern California Wetlands Clearinghouse with regulatory authority over the use of coastal wetlands. Establishes the Southern California Wetlands Joint Venture to complement the work of the clearinghouse. Requires the California Coastal Commission to plan for the establishment of a San Francisco Bay Wetlands Mitigation Bank Pilot Program in order to provide mitigation opportunities for small wetland fills. Appropriates $6,259,000 from the General Fund for purposes of the bill.

Vetoed by the Governor

AB 278 (Escutia-D) Environmental protection: health effects

Requires drinking water, ambient air quality, and toxic air contaminant standards to be set at levels which protect the health of infants and children. Requires reevaluation of existing standards. Enacts programs to monitor air emissions near schools and day care centers and requires source reduction of air emissions.

(Assembly refuses to concur in Senate amendments; reconsideration granted)

AB 362 (Bowen-D) Environmental advertising

Effective July 1, 1998, provides guidelines for the advertising of consumer goods as "ozone friendly," "biodegradable," "photodegradable," or "recycled," and makes it unlawful to represent goods as such if they do not meet the definitions established by the bill or the Federal Trade Commission.

(Failed passage in Assembly Appropriations Committee)

AB 363 (Goldsmith-R) Wild animals: domestic ferrets

Allows the domestic ferret (Mustela furo) to be owned as a pet without a permit if a county license is obtained by July 1, 1998.

(In Senate Appropriations Committee)

AB 374 (Kuehl-D) Marine life refuges

Establishes the Malibu Marine Life Refuge in waters south of the City of Malibu and the Point Dume Marine Life Refuge in ocean waters south of Point Dume. Provides for the establishment of an independent scientific committee responsible for oversight and monitoring of data collection.

(Concurrence in Senate amendments pending)

AB 459 (Firestone-R) Sanitary control of shellfish

Requires the State Department of Health Services to implement a pilot program to conduct sample surveys of shellfish in areas usually harvested by the public in 18 designated locations. Surveys are to assess the water quality and shellfish quality and determine those areas that are unfit for recreational shellfish harvesting. States intent that the costs of the pilot be covered by funds from AB 1000 (Keeley), the Clean Coastal Waters and Rivers Bond Act or from other sources. Requires a report by July 1, 2002.

Chapter 770, Statutes of 1997

AB 475 (Pringle-R) Office of Permit Assistance: reports

Delays, for 2 years, the requirement imposed on the California Environmental Protection Agency, the Resources Agency, and the State Board of Equalization to submit fee information to the Trade and Commerce Agency, and delays, for 3 years, the requirement for all other state agencies. Requires the California Environmental Protection Agency, in consultation with specified entities, to develop by July 31, 1998, a format to be used to submit their required report and allows this format to be used by all other state agencies in their reports.

Chapter 719, Statutes of 1997

AB 567 (Oller-R) Tahoe Regional Planning Compact: governing body

Revises the Tahoe Regional Planning Compact to require that the 7 members from the State of California be elected, by division, by the voters within that part of the region that lies within California. Requires those members to be residents of their division and requires elections to be conducted pursuant to the Uniform District Election Law.

(In Assembly Natural Resources Committee)

AB 608 (Margett-R) Department of Parks and Recreation Special Fund

Creates the Department of Parks and Recreation Special Fund and provides for the money in the fund to be available, upon appropriation by the Legislature, for rehabilitation projects and other maintenance and upkeep of facilities administered by the department. Provides that amounts contributed from nonpublic funds to the Department of Parks and Recreation Special Fund are deductible under the Personal Income Tax Law and the Bank and Corporations Tax Law. Makes legislative findings and declarations that California should establish a land conservation program that conforms to the principles espoused by Theodore Roosevelt with regard to the importance of natural resource conservation and that furthers the interests of the state by protecting and preserving valuable natural lands for park and recreational purposes.

(In Assembly Water, Parks and Wildlife Committee)

AB 667 (Lempert-D) Oil spills: state waters

Makes the knowing spill or discharge of at least 3 barrels (126 gallons) of oil into the nonmarine waters of the state on or after January 1, 1998, subject to criminal and civil penalties. Defines the term "waters of the state" for purposes of the act. Requires all penalties collected to be deposited in the Fish and Wildlife Pollution Account in the Fish and Game Preservation Fund.

(In Senate Agriculture and Water Committee)

AB 739 (Machado-D) Fish and game: penalties

Imposes a minimum punishment of $250 on the first offense for the knowing and intentional taking of any mammal, bird, or fish, as specified. Imposes a minimum punishment of $500 and imprisonment in the county jail for not less than 30 days for a second or subsequent violation. Requires the court to apply not less than the minimum punishment, except in cases where the court determines that, as to the imprisonment sentence only, the interest of justice would best be served by granting probation or suspending the imposition of the imprisonment sentence. Requires a person to attend a hunter safety course if the court requires the person to perform community service.

Chapter 771, Statutes of 1997

AB 799 (Bowler-R) Oil spill contingency plans: grants

Amends the Lempert-Keene-Seastrand Oil Spill Prevention and Response Act of 1990 to include the Ports of Stockton and Sacramento within the definition of "marine waters" thereby making those ports eligible to receive grants from the Oil Spill Prevention and Administration Fund for the purpose of preparing oil spill contingency plans.

Chapter 399, Statutes of 1997

AB 868 (Strom-Martin-D) Department of Conservation: land trusts: report

Requires the State Department of Conservation, in cooperation with the Secretary of State's Office and not later than July 1, 1998, to prepare and submit to the Legislature a report, as specified, on land trusts.

(In Assembly Natural Resources Committee)

AB 926 (Thompson-R) Lake Elsinore

Appropriates $350,000 from the Harbors and Watercraft Revolving Fund to the City of Lake Elsinore for the purpose of carrying out cleanup operations and aeration of Lake Elsinore. Specifies that $50,000 of those funds shall be used to determine the sources of nutrient onloading and offloading.

(In Senate Appropriations Committee)

AB 1000* (Keeley-D) Clean coastal waters and rivers: bond act

Authorizes the Clean Coastal Waters and Rivers Bond Act of 1998 to be placed on the November 1998 ballot for voter approval. Authorizes the issuance of $647 million in general obligation bonds for the acquisition, development and improvement of coastal and riparian resources and projects to prevent pollution in coastal waters and rivers.

(In Assembly Appropriations Committee)

AB 1055* (Villaraigosa-D) Playground equipment and facilities: grant program

Requires the State Department of Education, in consultation with other state agencies, school districts, recycling agencies and nonprofit groups, to develop a grant program for local agencies using recycled material to repair or replace playground facilities.

Vetoed by the Governor

AB 1169 (Shelley-D) Resources Agency: posting of electronic data

Requires the Resources Agency and the California Environmental Protection Agency and the California Environmental Protection Agency and every state agency within those agencies to post an appropriate information page on the Internet thereby increasing accessibility to regulatory changes, staff memoranda, transcripts of meetings, and all legislative analyses within their jurisdiction.

(In Senate Governmental Organization Committee)

AB 1188* (Lempert-D) Budget Act of 1997: augmentations

Makes certain appropriations in augmentation of the Budget Act of 1997, including: $3,429,000 to fund designated resource projects and $3 million to fund uncompleted activities related to stationary sources under the California Clean Air Act.

Chapter 886, Statutes of 1997 - Item Veto

AB 1204 (Papan-D) Squid

Requires the State Department of Fish and Game (DFG) to create a special permit for commercial squid fishing boats, squid light boats and squid processing plants. Establishes a variety of qualifying conditions and properties for each type of permit. Requires the funds derived from the permit program, through provisions in a companion bill, SB 364, to be used to administer the permit program and to allow DFG to complete a study on the status of the market squid fishery with recommendations for a market squid conservation and management program.

(In Senate Natural Resources and Wildlife Committee)

AB 1241 (Keeley-D) Marine resources

Enacts the Sea Life Recovery and Management Act of 1997. Creates the Marine Life Management Commission to determine by regulation state policy on marine ecosystems, anadromous fisheries, marine mammals, birds, fish, intertebrates, and other wildlife in the coastal zone and all marine and tidal waters. Requires the commission to regulate the taking of such wildlife. Requires the State Department of Fish and Game to study and report on the establishment of the marine ecosystems replenishment zone program. Requires the department to conduct research relating to marine fisheries. Authorizes the commission to prohibit further taking in a fishery that it determines is causing unsustainable harm to any species or essential tidal or marine habitat.

(In Assembly Water, Parks and Wildlife Committee)

AB 1293 (Bowen-D) Geographic information systems

Requires the Resources Agency to establish and administer a program to allocate grants to public entities and private-public partnerships to develop and maintain databases which provide geographic information to the public. Establishes an 11-member panel to advise the agency on program policies and recommend grant awards. Permits additional nonvoting members of the panel to be appointed by agency. Expresses intent that funding for the program be included in the Budget Act.

Vetoed by the Governor

AB 1315 (Strom-Martin-D) Fish: fees and privilege taxes

Repeals the existing schedule of rates for landing taxes paid by fish receivers and commercial fishers and requires the State Department of Fish and Game to determine a schedule of rates effective April 1, 1998, as specified. Requires the department to revise the schedule after public hearing every even-numbered year.

(Failed passage in Assembly Water, Parks and Wildlife Committee; reconsideration granted)

AB 1571* (Assembly Budget Committee) Budget augmentations: environmental issues

Among other provisions, makes appropriations to the State Department of Conservation, State Department of Forestry and Fire Protection, State Department of Fish and Game, Wildlife Conservation Board, State Department of Boating and Waterways, California Coastal Conservancy, and State Department of Parks and Recreation to fund various resource projects.

Chapter 928, Statutes of 1997 - Item Veto

AB 1582* (Bowen-D) Department of Parks and Recreation: California Conservation

Enacts changes to the administrative requirements of the state's performance based budgeting pilot program in the State Department of Parks and Recreation and the California Conservation Corps. Requires the department to report annually to the Legislature, by January 1 of each year, on how funds allocated to the department from the Harbors and Watercraft Revolving Fund and the Motor Vehicle Fuel Account are expended. Allows use of funds to refurbish the Stanford Mansion in Sacramento for the use by the Governor.

Chapter 288, Statutes of 1997

AJR 12 (Mazzoni-D) Bolinas Lagoon

Memorializes the President and Congress to appropriate federal funds to be used to preserve and protect the Bolinas Lagoon.

Resolution Chapter 44, Statutes of 1997

HR 22 (Strom-Martin-D) California Earth Day

Resolves that the Assembly of the State of California declares April 22, 1997 as "California Earth Day."

Adopted