Environment

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

Air Pollution

SB 14 (Polanco-D) Leaf blowers

Permits a city, county or city and county to establish regulations pertaining to the noise and manner of the use of leaf blowers.

(Died in Senate Environmental Quality Committee after being referred to committee on a Senate Rule 29.10)

Similar legislation was SB 1651 (Polanco-D), which died in Senate Appropriations Committee; and AB 392 (Cedillo-D), which died in Senate Environmental Quality Committee.

SB 432* (Lewis-R) Air quality: rideshare programs

Deletes a requirement that the South Coast Air Quality Management District modify the worksite employee threshold for businesses that must participate in employer-sponsored rideshare programs, deletes the Air Resources Board's mandate to make this decision by June 1, 1998 if there is no local consensus, and instead, establishes the threshold at businesses with 250 employees. Also deletes requirement that the district provide $l.5 million annually for purposes of voluntary ridesharing.

Chapter 67, Statutes of 1998

SB 661* (O'Connell-D) Air monitoring plans: Lompoc

Appropriates $145,000 from the General Fund to the State Department of Pesticide Regulation to implement an air monitoring plan in the City of Lompoc to determine the presence of pesticides in the air.

Chapter 274, Statutes of 1998

SB 1083 (Polanco-D) Toxic air contaminants: diesel exhaust emissions

Requires that individual substances within diesel fuel exhaust, rather than the mixture of substances, be evaluated for the purpose of being listed as a toxic air contaminant.

(Died in Senate Rules Committee)

SB 1190 (Hayden-D) Great Basin: mitigation: Owens Dry Lake

Requires the City of Los Angeles to implement, and be fully responsible for the costs of, air quality mitigation measures pursuant to the July 27, 1998 Memorandum of Agreement between Los Angeles and the Great Basin Air Pollution Control District.

Vetoed by the Governor

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

Requires the South Coast Air Quality Management District to convene an advisory committee to review the air quality impacts of the proposed expansion of the Los Angeles International Airport.

(Failed passage on Assembly Floor)

SB 1247 (Hayden-D) South Coast Air Quality Management Dist: particulate matter

Expands the South Coast Air Quality Management District's (SCAQMD) public notification obligation by requiring, beginning July 1, 2000, the public and schools to be notified when SCAQMD expects PM2.5 levels to exceed the federal standard. Requires SCAQMD to develop models, by January 1, 2000, that can predict when federal PM2.5 standards will be exceeded.

Requires SCAQMD, by December 31, 2000, to make a preliminary assessment of the nature of PM2.5 in the South Coast Air Basin and revise the district's air quality management plan to include a discussion of how the district's current PM10 strategy will assist in making progress towards achieving compliance with the federal PM2.5 standard.

Requires, beginning January 1, 2000, SCAQMD to prepare, in conjunction with a public health organization or agency, an annual report on the health impacts of particulate matter in the air basin. Requires the report to be submitted to SCAQMD's advisory council which is required to hold peer review and public hearings on the report.

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.

(Died in Senate Transportation Committee)

SB 1366 (Monteith-R) Transported air pollutants: vehicles

Requires the State Air Resources Board to modify mitigation requirements relating to transported air pollutants to require upwind districts that contribute an overwhelming or significant level of pollutants to include a contingency measure in the district plan to provide for mitigation payments to be made to the state board for allocation to the downwind district to pay for the costs of emission reduction measures.

(Died in Senate Transportation Committee)

SB 1376 (Knight-R) Great Basin: mitigation

Requires the Great Basin Unified Air Pollution Control District to direct the City of Los Angeles to implement mitigation measures related to the Owens Lakes so that the Owens Valley Planning Area attains state and federal ambient air quality standards by December 31, 2006.

(Died in Assembly Natural Resources Committee)

SB 1423 (Mountjoy-R) Air Resources Bd: Dept. of Consumer Affairs: regulations

Prohibits changes to regulations relating to emissions by the State Air Resources Board and the State Department of Consumer Affairs until the Legislature has enacted a statute approving the change.

(Failed passage in Senate Environmental Quality Committee)

SB 1643 (Hayden-D) South Coast Air Quality Management District: compliance

Requires the South Coast Air Quality Management District (SCAQMD) to establish a compliance and enforcement program. Creates the South Coast Air Quality Management District Compliance and Enforcement Account and requires that any funds received by the SCAQMD from the state for the purposes of this bill be deposited in the account and used solely for those purposes.

(Died in Senate Appropriations Committee)

SB 1754 (Johannessen-R) Motor vehicles

Specifies that every motor vehicle that is subject to the smog inspection program may be submitted for a pretest. Defines a pretest as a smog inspection in which some or all of the elements of the state-specified emissions testing protocol are performed on a vehicle.

Clarifies that a person choosing to have his/her vehicle pretested has the right to have a complete pretest unless the person requests a partial pretest. If a partial pretest is requested, the state technician is required to inform the motorist that the test may not be a reliable indicator of how the vehicle would perform under a complete test.

Requires the State Department of Consumer Affairs to notify vehicle owners of their right to have their vehicles submitted for a pretest. Requires notices to be included in pamphlets that are currently distributed to motorists along with the biennial registration renewal notice.

Chapter 938, Statutes of 1998

SB 1857* (Brulte-R) Air pollution control

Modifies and increases the allocations of state funding under the "Carl Moyer Memorial Air Quality Standards Attainment Program," established by AB 1368 (Villaraigosa-D), which was vetoed by the Governor.

Vetoed by the Governor

SB 1941 (Sher-D) Climate change

Requires the Energy Resources Conservation and Development Commission, in consultation with the California Air Resources Board, to undertake various responsibilities related to greenhouse gas emissions inventory and public outreach.

Vetoed by the Governor

SB 2077 (Mountjoy-R) Air quality public officials

Encourages members of specified state and local agencies to drive not more than one private vehicle for every two members of their immediate family that have California driver's licenses, and encourages these officials to travel on public transportation. Prohibits these officials from being provided publicly owned or leased vehicles and requires the officials to submit records of their personal, business and immediate family's travel on public and private modes of transportation to the Legislature on a quarterly basis.

(Failed passage in Senate Transportation Committee)

SB 2185* (Kelley-R) Motor vehicle inspection and maintenance

Extends from 90 days to 180 days the period in which a smog check certificate of compliance that is held by a licensed dealer would be deemed valid. Specifies that a certificate of compliance or noncompliance that is issued to a licensed motor car dealer shall be deemed valid for 180 days. Certificates that are issued to all other persons that intend to sell or transfer a vehicle shall be deemed valid for 90 days.

Chapter 92, Statutes of 1998

SB 2198 (Sher-D) Pollution: prevention and cleanup

Prohibits the adoption of air quality regulations regarding oxygenates in fuel without undergoing multimedia rulemaking and establishes the Drinking Water Treatment and Research Fund to address public drinking water wells contaminated with an oxygenate.

Chapter 997, Statutes of 1998

SJR 36 (Johannessen-R) Gasoline

Asks the Congress of the United States to enact legislation authorizing California to adopt reformulated gasoline rules in lieu of the federal regulations, provided that such regulations achieve equivalent or greater emissions reductions than required under federal law.

Resolution Chapter 99, Statutes of 1998

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.

(Died in Assembly Appropriations Committee)

AB 1368* (Villaraigosa-D) Carl Moyer Memorial Air Quality Standards Attainment Program

Creates the Carl Moyer Memorial Air Quality Standards Attainment Trust Fund within the State Treasury for the purposes of funding grants for the purchase of low-emission, heavy-duty engines for vehicles, equipment, vessels and locomotives and makes related changes. Requires the grant programs to be administered by the California Air Resources Board, with local air districts cooperating in the allocation of some of the grant funds.

Vetoed by the Governor

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

Requires the implementation of the Smog Check II program within an upwind air district that contributes transported pollutants to a downwind air district. Specifically, requires any upwind air district, which has been identified as having an overwhelming or significant contribution of transported air pollutants to a downwind district which is not in attainment with ozone standards, to be subject to the Smog Check II program.

(Died in Assembly Appropriations Committee)

AB 1699 (Ortiz-D) Rice straw burning

Requires an enhanced program to evaluate the air quality impacts of rice straw burning in the Sacramento Valley.

(Died on Assembly Inactive File)

AB 1740 (Richter-R) Prescribed burning

Establishes the California Forest Management and Air Pollution Control Act of 1998 to require a person or public agency that intends to undertake prescribed burning activities on wildlands to obtain an air pollution control emissions permit from the appropriate air pollution control district or air quality management district. Requires a district that issues a permit to impose a pollution offset fee on wildland that is proposed to be burned according to the prescribed burning permit application. Permits an air pollution control district or air quality management district to issue a permit to authorize wildland fire hazard reduction burning on days designated by the State Air Resources Control Board as nonburning days when, in the judgment of the district, that burning complies with the guidelines promulgated by the state board.

AB 1944 (Runner-R) Air resources

Extends, until January 1, 2003, provisions in current law which provide a schedule of fines and penalties for specified violations of regulations pertaining to fuel requirements and standards established by the State Air Resources Board (ARB). Also lengthens, until January 1, 2002, the date by which the ARB is to issue a report to various legislative committees on these penalties.

Chapter 432, Statutes of 1998

AB 2194 (Washington-D) Vehicle fees: air pollution

Extends the sunset to August 1, 2004, on the authority of the South Coast Air Quality Management District (SCAQMD) to impose a $1 fee on motor vehicle registration renewals in the South Coast District (SCD). Specifically, extends the authorization in current law, from August 1, 1999 to August 1, 2004, which allows SCAQMD to impose a $1 fee on the renewal of registration of motor vehicles in SCD, for the purposes of funding a program to encourage participation in projects to increase the utilization of clean-burning fuels.

Vetoed by the Governor

AB 2617 (Figueroa-D) Toxic air contaminants: methyl bromide

Effective January 1, 2000, prohibits the registration of any pesticide product containing methyl bromide. Requires the State Department of Pesticide Regulation (DPR) to submit a methyl bromide risk assessment document to the Scientific Review Panel (SRP) and the Office of Environmental Health Hazard Assessment (OEHHA) by January 31, 1999. Requires SRP and OEHHA to review the document by April 1, 1999. Requires DPR no later than May 1, 1999 to adopt methyl bromide control measures. Provides for the notification of residents and others regarding methyl bromide applications.

(Died in Assembly Rules Committee)

AB 2632 (Thomson-D) Motor vehicle fuel dispensing devices

Requires the State Department of Food and Agriculture to make grants to persons who sell motor vehicle fuel at retail in the Sacramento Metropolitan Air Quality Management District to retrofit motor vehicle fuel dispensing devices in order to dispense ethanol or blends of motor vehicle fuel and ethanol from funds appropriated to the Rice Straw Demonstration Project Fund. States legislative intent that $100,000 be made available in the Budget Act for that purpose. Requires the State Air Resources Board and the Department of Food and Agriculture to conduct a study of the feasibility of converting rice straw to ethanol fuels.

(Died in Assembly Natural Resources Committee)

AB 2652 (Cardoza-D) Agricultural burning: San Joaquin Valley air basin

Permits the San Joaquin Valley Unified Air Pollution Control District, in consultation with the State Resources Control Board, to develop guidelines to allocate the amount of agricultural burning that may be authorized on any day in the San Joaquin Valley air basin, without regard to whether the day is designated a nonburning day. Requires the guidelines developed to be submitted to the state board for promulgation.

(Died in Assembly Natural Resources Committee)

AB 2667 (Miller-R) South Coast Air Quality Management District: district plans

Requires all air districts to undertake pollutant by pollutant inventories and take steps to reduce emissions based on the amount of pollution each source contributes.

(Died in Assembly Natural Resources Committee)

AB 2727 (Perata-D) Fuel: emissions standards

Requires the State Air Resources Board, by regulation, to adopt standards for greenhouse gas emissions for all fuels by December 31, 1999.

(Died in Assembly Transportation Committee)

SEE MOTOR VEHICLES EMISSIONS UNDER TRANSPORTATION FOR A LISTING OF SMOG CONTROL BILLS.

Solid Waste Management

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

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 December 1, 1999, that identifies any duplication or overlap between certain programs administered and funded by the two entities (e.g., public information and education programs, local government review and assistance programs, recycled materials market development programs).
Requires the report to include suggested legislation, budget actions, or administrative actions that could be taken to eliminate duplication or overlap between the two entities and programs.

Vetoed by the Governor

SB 681 (O'Connell-D) Beverage containers

Makes numerous changes to the California Beverage Container Recycling and Litter Reduction Act, including increasing the buydown of the processing fee paid by beverage manufacturers and provides for mobile recycling opportunities in rural counties.

(Died in Assembly Natural Resources Committee)

SB 698* (Rainey-R) Plastic trash bags

Makes a number of changes to the plastic trash bag recycling content manufacturing requirements with the primary focus on imposing manufacturing self-certification requirements in lieu of variances issued by the California Integrated Waste Management Board (CIWMB). Some of the other significant changes include: (1) requiring the CIWMB, until January 1, 2001, to provide specified credits for a manufacturer's use of postconsumer materials and (2) eliminating an exemption for plastic trash bags with drawstrings or adhesive straps from meeting postconsumer content and certification requirements.

Chapter 44, Statutes of 1998

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.

(Died in Senate Environmental Quality Committee)

SB 988 (Sher-D) Solid waste management

Modifies qualifications for several appointees of the Local Government Technical Advisory Committee, and extends the existence of the committee by two years.
Requires the California Integrated Waste Management Board (CIWMB) to develop a revised source reduction and recycling element.
Requires CIWMB to act as a solid waste information clearinghouse.
Makes various technical and conforming changes to the solid waste management act.

Vetoed by the Governor

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.

(Died in Senate Natural Resources and Wildlife Committee)

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.

(Died on Assembly Inactive File)

SB 1340 (Polanco-D) Solid waste enterprise: indemnity obligation

Establishes certain restrictions on a local agency's ability to enforce an indemnification obligation included in a contract with a waste/recycling company.

Chapter 987, Statutes of 1998

SB 2241* (Brulte-R) Solid waste: handling services

Allows waste haulers to continue service for up to five years in local jurisdictions where the local agency has chosen to grant an exclusive franchise to another hauler if the services have been lawfully provided.

Chapter 811, Statutes of 1998

AB 117 (Escutia-D) Solid waste: tire fees

Requires the California Integrated Waste Management Board to submit a preliminary waste tire report to the Legislature by May 1, 1999 and a final report not later than June 30, 1999.

Chapter 1020, Statutes of 1998

AB 228 (Migden-D) Solid waste: tires

Makes a number of changes to the Tire Recycling Management program administered by the California Integrated Waste Management Board (CIWMB). Some of the significant changes include: (1) expanding the circumstances under which a person could be convicted of a crime for abandoning waste tires at an unpermitted tire facility; and (2) allowing CIWMB to designate (upon request) specified cities and counties that could exercise enforcement authority and be allowed to keep resulting penalty revenues.

Chapter 1019, Statutes of 1998

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.

(Died on Assembly Inactive File)

AB 715 (Figueroa-D) Solid waste facilities: closure: financial ability

Authorizes the California Integrated Waste Management Board to approve an insurance mechanism for the closure and post-closure of solid waste facilities if certain conditions are met.

Chapter 978, Statutes of 1998

AB 964 (Bowen-D) Solid waste: tires

Requires the California Integrated Waste Management Board, in conjunction with the annual state budget submitted to the Legislature, to submit to the appropriate policy and fiscal committees of the Legislature, a report that describes the expenditures proposed to be made for that fiscal year by the board for grants, loans, and contracts under the tire recycling program.

Vetoed by the Governor

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.

(Died 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.

(Died in Assembly Appropriations Committee)

AB 2181 (Firestone-R) Solid waste: tires

Amends penalties for intentional and negligent violations of waste tire pile provisions.

Chapter 299, Statutes of 1998

AB 2521 (Wayne-D) Solid waste facilities

Permits local enforcement agencies (LEA) to recover costs in defending themselves against appeals of denials of a solid waste facility's permit where they prevail. Eliminates the prohibition against a member of an independent hearing panel from serving for more than two consecutive two-year terms. Provides that a cease and desist order issued by an LEA against a solid waste facility operator shall remain in force and effect while an appeal by the operator is pending, provided certain conditions are met.

Vetoed by the Governor

AB 2531 (Cardoza-D) Solid waste: transformation facilities

Increases the waste diversion credit for certain local governments that send municipal solid waste to selected waste-to-energy facilities from 10% to 25%.

(Died in Assembly Natural Resources Committee)

AB 2555 (Aroner-D) Plastic packaging utilization

Requires every packager to ensure that an amount equal to a specified percentage of the plastic packaging material used in products sold in this state is subject to (1) reuse in products made by the packager, (2) reuse in products made by other packagers, producers, manufacturers, or companies, or (3) elimination through source reduction, as described. Makes a person who violates the bill subject to a civil penalty assessed by the California Integrated Waste Management Board not to exceed $100,000. Requires the board, by July 1, 2004, and annually thereafter, to report to the Legislature on the status of compliance with these provisions. Requires the board to adopt regulations by January 1, 2000, to implement the bill.

(Died in Assembly Natural Resources Committee)

AB 2644 (Oller-R) Solid waste: fees

Requires each local agency, by February 1, 1999, and annually thereafter, to report to the California Integrated Waste Management Board the amount of all of the fees imposed for implementation of a countywide integrated waste management plan, whether collected directly by the local agency or by a solid waste hauler providing collection for the city or county, including a specific breakdown that indicates the amount of all fees collected directly by the local agency and the amount of all fees collected by solid waste haulers providing solid waste collection for the city or county. Requires the board by March 1, 1999, and on or before March 1 annually thereafter, to submit a report to the Legislature containing this information.

(Died in Assembly Natural Resources Committee)

AB 2673 (Machado-D) Recycling: postfilled glass

Allows 100% of all postsecondary uses (as defined) to count towards the current minimum recycled content requirement for glass containers.

(Died in Assembly Natural Resources Committee)

AB 2677 (Richter-R) Solid waste enterprise: liability

Prohibits a local agency from requiring a solid waste enterprise to assume any of the local agency's liability for any action relating to handling solid waste, unless the local agency demonstrates that the local agency's liability was proximately caused by the solid waste enterprise.

(Died in Assembly Natural Resources Committee)

Coastal Resources

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

Places an $849.5 million general obligation bond on the November 1998 statewide ballot to fund a program for the acquisition, development, improvement, rehabilitation, restoration, enhancement, and protection of park, recreational, cultural, historical, fish and wildlife, lake, riparian, reservoir, river and coastal resources.

(Failed passage on Assembly Floor)

SB 676 (Peace-D) Encumbered resources

Increases, from three years to eight years, the period that funds appropriated to the State Coastal Conservancy, the State Department of Parks and Recreation or to other agencies involved in resources enhancement for "cooperative work" are available before they must revert to their source fund.

(Died in Assembly Appropriations Committee)

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 (DBW), for public beach enhancement purposes. Requires DBW to appoint a technical advisory board to provide direction and guidance to the DBW on implementation of the program. Requires DBW, 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 DBW to establish and fund the program.

(Died in Senate Natural Resources Committee)

SB 1453 (Alpert-D) Water quality: nonpoint source pollution

Makes legislative findings and declarations regarding non-point source pollution. Requires the State Water Resources Control Board and the California Coastal Commission to work cooperatively to develop and implement a specific strategy to address non-point source pollution as it impacts coastal waters, as specified.

Vetoed by the Governor

SB 1457 (McPherson-R) Coastal development permits

Authorizes the California Coastal Commission, upon request of a local government with a certified local coastal program and a coastal development permit applicant, where a proposed development is located both in the local government's jurisdiction and in the commission's retained permit jurisdiction, to exercise development review authority.

(Failed passage in Senate Natural Resources and Wildlife Committee)

SB 1762 (McPherson-R) Development fees: appropriation

Continuously, instead of annually, appropriates Coastal Access Account funds that are to be used for the maintenance and operation of new or existing coastal accessways, but requires the State Coastal Conservancy to annually report to the Legislature on the use of these funds for coastal accessways.

(Died in Assembly Appropriations Committee)

AB 93 (Lempert-D) Coastal access

Increases from $100,000 per fiscal year to $200,000 per fiscal year the total claims allowed by the Board of Control for reasonable attorney's fees incurred in defending against lawsuits to block public access.
Prohibits the California Coastal Commission, the Coastal Conservancy, or any other state agency, from extinguishing public access to the sea without approval by the California Coastal Commission, as specified.
Requires litigation costs by the Attorney General in representing the Coastal Conservancy in lawsuits regarding coastal access to be paid out of the General Fund.

Vetoed by the Governor

AB 667 (Lempert-D) Wetlands mitigation and restoration

Establishes the California Coastal Wetlands Mitigation and Restoration Act of 1998 to require the Resources Agency to adopt regulations that establish standards and criteria for a mitigation bank site qualification process in the coastal zone, the evaluation of wetlands acreage and habitat values created at bank sites and the operation of bank sites.

Permits, until January 1, 2010, any person desiring to establish a bank site to apply for a determination that the proposed bank site and the proposed operator qualify under the standards and criteria established by the agency. Requires the agency, on or before January 1, 2000 and annually thereafter, to provide in a report to the Legislature a description and evaluation of each bank site approved by the agency, including specified information and recommendations.

Requires the State Coastal Conservancy, on or before January 1, 2000, in cooperation with specified entities to prepare and complete a study to determine the amount of wetlands restoration potential that exists in the coastal zone.

Makes the spill or discharge of at least three barrels of oil into the nonmarine waters of the state on or after January 1, 1998, subject to current criminal and civil penalties.

(Died in Senate Agriculture and Water Committee)

A similar measure was AB 2160 (Lempert-D), which died in Assembly Natural Resources Committee.

AB 1000 (Keeley-D) Clean coastal waters and rivers

Makes legislative findings and declarations concerning California's coast and river systems. Specifically:

Finds and declares that California's coastal and riparian areas have been significantly damaged and are in need of immediate attention.
Makes a general proposal that large public investments will be needed in order to protect California's coastal and riparian resources.

(Died in Senate Natural Resources and Wildlife Committee)

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 two pilot projects to evaluate the effectiveness of the projects, and (3) evaluating the need for future sand replenishment and retention projects.

(Died in Senate Appropriations Committee)

AB 1956 (Knox-D) Coastal development

Permits the executive director of the California Coastal Commission to file a notice of violation of the Coastal Act, under certain conditions.

Vetoed by the Governor

AB 1962 (Kuehl-D) Coastal development permits

Requires an applicant for a coastal development permit from the Coastal Commission to contract, in certain circumstances, with an independent expert, when the commission determines that independent scientific or technical review of the proposed development is necessary.

Vetoed by the Governor

AB 2587* (Ducheny-D) Wetlands protection: San Francisco Bay dredging

Appropriates $2 million from the General Fund to the Coastal Conservancy to finance wetlands acquisition, restoration and enhancement in specified coastal areas and re-appropriates approximately $1.27 million in unspent funds from the Budget Act of 1993 to finance beneficial use of material dredged from San Francisco Bay.

(Died in Senate Natural Resources and Wildlife Committee)

AB 2593* (Brewer-R) Coastal wetlands: appropriation

Appropriates $6.3 million from the General Fund to the Coastal Conservancy to finance wetlands acquisition, restoration and enhancement in specified coastal areas.

(Died in Assembly Natural Resources Committee)

AB 2691 (Lempert-D) Coastal access

Prohibits people or public agencies from converting coastal accessways to private or nonrecreational use; allows property owners or public entities sued by people who seek to block public use of property to present claims to the state for reasonable attorney's fees; grants the Coastal Commission the authority to review local coastal programs at least once every five years to determine the adequacy of provisions for coastal access; and requires that any litigation costs borne by the Attorney General in connection with representing the Coastal Conservancy on coastal access issues be paid from the General Fund upon appropriation by the Legislature.

(Died in Assembly Judiciary Committee)

AB 2794* (Assembly Budget Committee) Coastal conservancy: State Budget augmentations

Appropriates $619,000 to the State Coastal Conservancy to be appropriated as follows: (1) $219,000 for Imperial Beach, and (2) $400,000 for Otay River Park.

Chapter 1050 - Item Veto

Environmental Quality

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

Provides legislative intent that a dispute exists regarding the applicability of the California Environmental Quality Act (CEQA) to the approval of State Department of Defense (DOD) projects by the State 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.

(Died in Assembly Natural Resources Committee)

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 .

Vetoed by the Governor

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.

(Died 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.

(Died in Assembly Natural Resources Committee)

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.

(Died on Senate Inactive File)

SB 1577 (Sher-D) California Environmental Protection Agency

Implements the 1998 budget trailer bill establishing the California Environmental Protection Agency (CalEPA) Sunset Review and Regulatory Accountability Act of 1998. Requires CalEPA, on or before November 1, 1998, to prepare a preliminary report that quantifies the efficacy of the Agency and the affiliated boards and departments in meeting the goals established in the Governor's reorganization plan. Requires the Legislative Analyst to report to the Legislature within one month on the adequacy of the Agency's report. Requires CalEPA, no later than January 1, 1999, to submit a final report to the Legislature that includes a response to issues raised by the Legislative Analyst. Requires the Legislative Analyst to make a final report to the Legislature by February 1, 1999 that will include recommendations on a process for dissolving CalEPA by January 1, 2000.

Establishes the Joint Legislative Sunset Review Committee for the CalEPA to determine whether CalEPA has satisfactorily achieved the goals of improved public health and environmental protection at less cost to the regulated community than the costs to the regulated community immediately prior to the establishment of the agency. Requires the committee to issue a written report to the Legislature on its findings.

Vetoed by the Governor

SB 1619 (Haynes-R) Environmental impact reports: schools

Exempts from the California Environmental Quality Act the construction, conversion, or use of a school or any building of a community college, the California State University, or the University of California in an "urbanized area" if certain requirements are met (e.g., project site has been previously developed for urban uses or contiguous properties surrounding the project site are, or have been developed for urban uses, or the project is consistent with the general plan and zoning; site can adequately be served by utilities; project site does not provide significant habitat for threatened or endangered wildlife; site is not included on list of hazardous waste facilities and sites; project will not involve the demolition of, or any substantial adverse change in, certain historic structures).

(Failed passage in Senate Environmental Quality Committee)

SB 1856 (Thompson-D) Forest practices: enforcement

Requires that any new staff positions authorized by the State Department of Fish and Game, a California regional water quality control board, the Division of Mines and Geology in the State Department of Conservation, or the State Department of Forestry and Fire Protection for timber harvest plan review for which funds are appropriated in the Budget Act of 1998 shall be utilized to review, monitor, and enforce timber harvest plans and related forest practice rules. Provides that the above entities may not use the new positions to supplant existing positions carrying out the same duties.

Vetoed by the Governor

SB 2228 (Sher-D) Environmental protection: report

Requires the Secretary for Environmental Protection to annually report to the Legislature and the Governor on the agency's actions to streamline, coordinate, and improve environmental protection programs implemented and administered by the agency.

(Died in Senate Environmental Quality Committee)

AB 733 (Washington-D) Environmental hazards: conservation education

Adds a hazardous materials health and safety education program to those entities that may apply to the Conservation Education Service for planning and implementation grants for purposes of conservation education.

(Died in Assembly Environmental Safety and Toxic Materials Committee)

AB 1909 (Wayne-D) Pollution control: financing authority

Expands the types of projects and activities that can be financed through the California Pollution Control Financing Authority, including projects to clean up and develop contaminated real property.

Also requires the Authority to prepare, and submit to the Legislature not later than July 1, 1999, an analysis of factors related to the financing of projects to clean up and develop contaminated real property.

Chapter 1008, Statutes of 1998

AB 2018 (Poochigian-R) Environmental quality project review fees

Eliminates the ability of the State Department of Fish and Game to collect a filing fee from project applicants and local agencies to defray the costs of protecting fish and wildlife trust resources identified in the review of a project conducted pursuant to the California Environmental Quality Act.

(Died in Assembly Natural Resources Committee)

AB 2302 (Runner-R) Water quality: waste discharge requirements

Requires regional quality control boards to determine the cause or potential contribution of a pollutant to effluent.

(Died in Assembly Water, Parks and Wildlife Committee)

AB 2339 (Sweeney-D) Water quality

Requires the regional water quality control boards to complete an existing requirement to characterize the toxic hot spots and develop a consolidated data base for the state's bays and estuaries to the extent funds are appropriated in the annual Budget Act. Requires the State Water Resources Control Board to submit a priority ranking of all sites, together with the consolidated statewide toxic hot spots cleanup plan.

Vetoed by the Governor

AB 2397 (Bowen-D) Environmental quality waste disposal facilities

Provides that the definition of "person" under the California Environmental Quality Act includes the United States or any of its agencies or political subdivisions.

Chapter 272, Statutes of 1998

AB 2571 (Pacheco-R) Regulated substances

Requires the Office of Emergency Services to use federal assistance grants to help fund the implementation of the California Accidental Release Prevention Program.

Chapter 251, Statutes of 1998

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. The federal government made an agreement with the owners of Pacific Lumber Company, which owns the headwaters, and the Legislature passed and the Governor signed AB 1986 (Migden) to finalize the agreement.

SB 251 (Thompson-D) Forest Resources Improvement

Appropriates $8,653,000 from the Forest Resources Improvement Fund to the State Department of Forestry and Fire Protection (CDF) for urban forestry grants, forest improvement programs, expansion of Jackson State Forest, watershed assessment work, and land acquisition for Soquel Demonstration State Forest. Also requires CDF to submit a progress report to the Legislature on its acquisition of new forest land by March 1, 1999.

(Died in Assembly Appropriations 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.

Chapter 972, Statutes of 1998

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 (CDF) and every registered professional forester to ensure that the uses of watercourses are protected from impacts of timber harvesting. Authorizes CDF 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.

(Died in Senate Natural Resources and Wildlife Committee)

SB 1712 (McPherson-R) Pitch canker control

Establishes a schedule to allocate $2.1 million appropriated by the Budget Act from the Forest Resources Improvement Fund to the State Department of Forestry and Fire Protection to control the spread of pitch canker.

Chapter 713, Statutes of 1998

SB 1803* (Sher-D) Timber harvests: steep slopes

Prohibits timber operations in which more than 70% of the conifer basal area is removed in one timber operation on specified types of slopes exceeding a specified percent gradient.

(Died in Senate Natural Resources and Wildlife Committee)

SB 1856 (Thompson-D) Forest practices: enforcement

Vetoed by the Governor

SB 1966 (Sher-D) Timber harvesting plans

Requires the Board of Forestry to adopt emergency regulations establishing guidelines for determining if a timber harvest plan (THP) would result in a take of any species listed by the National Marine Fisheries Service (NMFS) and requires the director of the State Department of Forestry and Fire Protection to disapprove any THP that takes a species listed by NMFS.

(Failed passage on Assembly Floor)

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.

(Died 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.

(Died 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.

(Died 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 the State Department of Forestry and Fire Protection have not less than eight years of experience in a regularly organized fire department in California. Adds the requirement that the remaining "appointee" have not less than eight years of experience in a field related to natural resources or in another similar field.

(Died 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.

(Died 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 five acres or larger. Imposes restrictions on a registered professional forester when filing emergency notices to cut trees in that same district.

(Died on Assembly Inactive File)

AB 1689* (Keeley-D) Pine pitch canker

Requires the State Department of Forestry and Fire Protection to submit a report and plan to control the spread of pine pitch canker by January 10, 1999.

Vetoed by the Governor

AB 1740 (Richter-R) Prescribed burning

(Died in Assembly Natural Resources Committee)

AB 1773 (Leach-R) Firefighter safety clothing and equipment

Appropriates $9 million from the General Fund to the Controller to reimburse state-mandated costs for structural and wildland firefighter's safety clothing and equipment, as specified.

(Died in Senate Appropriations Committee)

AB 1986* (Migden-D) Headwaters Forest, Owl Creek, and Grizzly Creek

Appropriates $130 million from the General Fund for allocation to the Wildlife Conservation Board, until July 1, 1999, to acquire the Headwaters Forest Preserve, the Elk Head Forest, and the Elk River Property, which are located in the County of Humboldt. Appropriates $80 million from the General Fund for allocation to the board, until July 1, 2001, to purchase the tract of land identified as "Owl Creek". Appropriates from the General Fund, $15 million for allocation to the County of Humboldt for economic assistance, up to $20 million for allocation to the board for the purchase of the Grizzly Creek Marbled Murrelet Conservation Area, and $500,000 for allocation to the board for administrative expenses and costs related to the acquisition of those properties.

Chapter 615, Statutes of 1998

Similar measures were SB 533* (Sher-D), which died in Assembly Natural Resources Committee; and AB 65* (Migden-D), which died in Senate Natural Resources and Wildlife Committee.

AB 2024 (Kuykendall-R) Forest resources: loan guarantees

Creates the Forest Conservation Program Account in the General Fund and provides that revenues in the account be expended, upon appropriation by the Legislature, for the financing of loan guarantees for projects relating to the conservation and protection of forests in the state. Also modifies the definition of "timberland" under the Z'berg-Nejedly Forest Practice Act.

(Died in Assembly Natural Resources Committee)

AB 2713 (Cardoza-D) Forest practices: exemptions

Exempts the cutting or removal of trees that present a "physical hazard" to a structure from the requirements of the Forest Practice Act.

(Died in Assembly Natural Resources Committee)

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.

(Died in Senate Natural Resources and Wildlife Committee)

SB 598 (Sher-D) Endangered species: state agency consultation

Extends the repeal date of the requirement that a state lead agency consult with the State Department of Fish and Game to ensure that any action by the lead agency is not likely to jeopardize the continued existence of any endangered or threatened species under the California Endangered Species Act. Also repeals provisions requiring reasonable prudent alternatives if jeopardy is found and if those alternatives are infeasible prohibiting the state lead agency from approving a project likely to result in extinction.

(Died in Assembly Water, Parks and Wildlife Committee)

SB 1784 (Hayden-D) Biodiversity and Habitat Protection

Enacts the California Biodiversity and Habitat Protection Act, the purpose of which is to make the protection of candidate, threatened and endangered species and the conservation of biodiversity a state policy, requiring the coordination of all appropriate state agencies.

(Failed passage on Assembly Floor)

AB 409 (Machado-D) Restricted animals: importation, transportation & sheltering

Proposes amendments to the Fish and Game Code relative to the importation, transportation, and possession of wild animals. Defines "restricted animal" as any species determined by the Fish and Game Commission in cooperation with the State Department of Health Services (DHS) and the State Department of Food and Agriculture (DFA) that pose a risk to native wildlife, agricultural interests, or the public health and safety. Expands the definition of "enforcement officers" for the enforcement of its provisions. Eliminates the specific list of species affected by the code. Requires permits to import or possess restricted animals to be issued by the Fish and Game Commission in consultation with DFA and DHS.

(Died in Senate Natural Resources and Wildlife Committee)

AB 1047 (Cardenas-D) Endangered species: state agency consultation

Extends the sunset date of the article governing the process by which other state agencies consult with the State Department of Fish and Game on projects that may affect endangered species.

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

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.

(Died 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 five 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)

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.

(Died in Senate Natural Resources and Wildlife Committee)

AB 1641 (Ashburn-R) Candidate, endangered, and threatened species

Appropriates $200,000 to the State Department of Fish and Game for expenses related to a study of the economic impact of protecting candidate, threatened, and endangered species pursuant to the California Endangered Species Act.

(Died on Assembly Floor)

AB 2479 (Ducheny-D) Natural community conservation plans

Establishes parameters under which funds appropriated by the Legislature may be spent for the acquisition of land for the implementation of a natural community conservation plan.

(Died in Senate Natural Resources and Wildlife Committee)

AB 2726 (Aroner-D) Natural community conservation planning

Provides that natural community conservation plans do not supersede, modify or alter the California Endangered Species Act or the Federal Endangered Species Act. Also states the purpose of natural community conservation planning.

(Died in Assembly Water, Parks and Wildlife Committee)

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.

(Died in Assembly Rules Committee)

Miscellaneous

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

Places an $849.5 million general obligation bond on the November 1998 statewide ballot to fund various watershed parks and wildlife-related capital outlay via various state agencies.

(Failed passage on Assembly Floor)

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.

(Died in Senate Appropriations Committee)

Similar legislation was SB 2080 (O'Connell-D), which failed passage in Assembly Appropriations Committee.

SB 157* (Johannessen-R) Wildlife habitat maintenance: appropriation

Appropriates $250,000 from the General Fund to the State Department of Fish and Game for the management of state-owned wildlife lands.

(Died on Assembly Inactive File)

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.

(Died in Senate Appropriations Committee)

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

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

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.
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.

(Died in Senate Environmental Quality Committee)

SB 493* (Thompson-D) Parks and recreation: appropriation: City of Clearlake

Provides funding to construct a senior center in the City of Clearlake.

Died on Assembly Inactive File

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.

(Died 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.

(Died in Senate Environmental Quality Committee)

SB 658 (Sher-D) Environmental protection: peer review process

Requires the California Environmental Protection Agency to annually prepare and submit a report to the appropriate policy and fiscal committees of the Legislature on the status of external scientific peer review conducted by the boards and departments within the agency.

Vetoed by the Governor

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.

(Died in Assembly Budget Committee)

SB 1047* (Sher-D) Environmental protection: regulatory implementation

Requires all proposed changes, amendments, proposed guidelines and the full text of the California Environmental Quality Act (CEQA) and all guidelines adopted pursuant to CEQA administration be made available on the Internet.

Vetoed by the Governor

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. Specifies that the purpose of this fund 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.

(Died in Assembly Natural Resources Committee)

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.

(Died in Senate Appropriations Committee)

SB 1143 (Sher-D) Wildlife: bear parts

Sets the minimum penalty for illegally trading in bear parts at $250 for each bear part.

Chapter 46, Statutes of 1998

SB 1175 (Sher-D) Oil recycling

Revises the definition of "bulk oil" under the California Oil Recycling Enhancement Act. Also 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.

(Died on Assembly Inactive File)

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 five years.

(Died 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 (CDF) and every registered professional forester to ensure that the uses of watercourses are protected from impacts of timber harvesting. Authorizes CDF 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.

(Died in Senate Natural Resources and Wildlife Committee)

SB 1336 (Thompson-D) Commercial fishing

Establishes minimum size requirements for nine specified species of rockfish.

Chapter 1053, Statutes of 1998

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.

(Died in Senate Environmental Quality Committee)

SB 1363 (Alpert-D) Marine resources

Authorizes the State Department of Fish and Game (DFG) to establish programs to place observers onboard commercial fishing vessels to gather data. Also authorizes DFG to contract with the University of California and other institutions to obtain observer services.

Vetoed by the Governor

SB 1392 (Alpert-D) Fishery management programs

Changes the purpose of the California Ocean Resources Enhancement and Hatchery Program from propagation of species that are important to both sport and commercial fisheries to species that are important to sport or commercial fisheries.

Chapter 76, Statutes of 1998

SB 1475 (Thompson-D) Fish

Makes clarifying changes to the disbursement of funds in the Salmon and Steelhead Trout Restoration Account. Also makes technical changes to halibut and sea cucumber fishing practices.

Chapter 378, Statutes of 1998

SB 1531 (Brulte-R) Recreation and park districts: powers

Authorizes any recreation and park district to consolidate with a school district.

(Died in Senate Rules Committee)

SB 1546 (Johnson-R) Upper Newport Bay Ecological Reserve: appropriation

Creates the Upper Newport Bay Ecological Reserves, Maintenance and Preservation Fund in the State Treasury. Appropriates $200,000 annually from the General Fund to the Upper Newport Bay Ecological Reserves, Maintenance and Preservation Fund for purposes relating to the maintenance and preservation of the Reserve.

Chapter 777, Statutes of 1998

SB 1547 (Johnson-R) Marinas: loan guarantees

Allows the State Department of Boating and Waterways to guarantee loans made by private financial institutions to private marina owners for construction costs to develop recreational marinas. Specifies terms and conditions for a loan guarantee including, among other things, that the borrower pay a loan fee to the department equal to 1% of the loan guarantee amount to help defray the department's expenses to administer the guarantee. Requires money collected from the fee to be deposited into the newly created Private Marina Loan Guarantee Fund.

(Died in Senate Natural Resources and Wildlife Committee)

SB 1644 (Thompson-D) Oil spills: nontank vessels

Requires each non-tanker vessel entering California marine waters to have an approved statewide contingency plan for the cleanup of any oil spill from the vessel. Authorizes a vessel owner or operator to meet this requirement by contracting with a nonprofit maritime association to provide contingency plan services. Grants certain liability protections to the maritime association providing the service.

Chapter 964, Statutes of 1998

SB 1664 (Sher-D) Surface mining operations

Specifies that any surety bond submitted by a mine operator to ensure that the site is reclaimed must be executed by an admitted surety insurer. Explicitly prohibits bonds executed by personal sureties from being accepted as forms of financial assurance.

Chapter 643, Statutes of 1998

SB 1763 (Costa-D) Oil and gas wells

Raises the level of the indemnity bonds which oil and gas well operators must submit to the State Department of Conservation whenever they drill or alter a well, to ensure that adequate funds are available to repair any environmental damage. Also doubles funding for the department's program to plug and abandon wells which have been deserted by their owners. Requires this funding increase to be paid for by raising the per-barrel assessment charged to well operators and by increased fees paid by operators of idle wells.

Chapter 1068, Statutes of 1998

SB 1771 (Johnston-D) California Wildlife Conservation and Enhancement Act

Enacts the California Wildlife Conservation and Enhancement Act of 1998, the purpose of which is the long-term conservation and enhancement of California's wildlife. Requires the Secretary of the Resources Agency, in consultation with the State Department of Fish and Game, to establish a wildlife conservation funding advisory council to make recommendations for a statewide matching fund program promoting partnerships. Attempts to obtain additional public and private resources for wildlife conservation. Appropriates $145,000 from the General Fund to the Secretary for purposes of establishing the advisory council.

(Failed passage on Assembly Floor)

SB 1812 (Hughes-D) Postfilled glass: processing fees

Extends the processing fee formula contained in the California Beverage Container Recycling and Litter Reduction Act through January 1, 2004, increases the amount by which the State Department of Conservation may spend to reduce the processing fees, and requires the department to reduce the minimum percentage of California postfilled glass required in the manufacturing of glass containers.

(Died in Senate Natural Resources and Wildlife Committee)

SB 1834 (Mountjoy-R) Marinas: electric service

Subjects marinas to the same fee schedule as mobilehome parks, recreational vehicle parks and apartment complexes relative to electric service. Allows marina operators to include costs for inspection, testing and registration of utility submeters as part of charges to vessel owners for electrical power use.

Chapter 205, Statutes of 1998

SB 1929 (Kelley-R) Nosotros Park Project: appropriation

Appropriates an unspecified sum from the General Fund to the State Department of Parks and Recreation to be allocated to the Recreation Department of the City of Calexico for the Nosotros Park Project.

(Died on Senate Appropriations Committee)

SB 1943 (Sher-D) Fertilizer materials: hazardous waste recycling

Requires the State Department of Toxic Substances Control to report on the distribution and sale in California of fertilizers that are manufactured from recycled hazardous wastes.

(Failed passage on Senate Floor)

SB 1956 (Hayden-D) Gabrielino/Tongva Springs: appropriation

Requires the creation of a task force to preserve and enhance the Gabrielino/Tongva Springs. Also appropriates $50,000 for purposes of an action plan to achieve the preservation of the site.

Chapter 439, Statutes of 1998

SB 2010 (Hayden-D) Santa Monica Mountains and Rivers Conservancy

Extends the Santa Monica Mountains Zone to include the Los Angeles River and San Gabriel River watersheds, subject to specified restrictions, renames the Santa Monica Mountains Conservancy the Santa Monica Mountains and Rivers Conservancy (SMMRC), and creates a Los Angeles and San Gabriel Rivers Conservancy within the SMMRC. Becomes operative only if AB 1281 (Havice-D) is enacted.

(Died in Assembly Natural Resources Committee)

SB 2028 (McPherson-R) Fishing

Makes "clean up" changes to laws regarding the white sea bass fishery and gill net permits.
Repeals a procedural requirement for obtaining lobster permits.
Limits the evidentiary burden on proving qualifications for drift gill net shark and swordfish permits.
Prevents experimental swordfish permit holders from automatically qualifying for a drift gill net shark and swordfish permit.
Makes certain changes to the finfish trapping laws.

Chapter 525, Statutes of 1998

SB 2052 (O'Connell-D) Beverage containers: processing and handling fees

Repeals the requirement for the State Department of Conservation to pay curbside programs a specified per-container rate as of January 1, 2004, increases the amount by which the department may spend to reduce the processing fees, extends the repeal of the processing fee calculation provisions that would otherwise go into effect to January 1, 2004, creates the Penalty Account in the California Beverage Container Recycling Fund and requires all civil penalties and fines collected by the department to be deposited in that account, extends the authorization to pay handling fees and the appropriations to pay curbside fees and handling fees until January 1, 2004, and specifies that grants the department is authorized to issue to conservation corps, governmental entities, and nonprofit organizations are to be used for programs related to beverage container litter reduction programs and related recycling programs.

(Died in Senate Natural Resources and Wildlife Committee)

SB 2080 (O'Connell-D) Land and water conservation

Provides an income tax credit, subject to specified future Budget Act appropriations, for donations of various forms of property to the state, local governments, or nonprofit organizations that provide benefits to wildlife habitat, open space, and agricultural land preservation.

(Failed passage in Assembly Appropriations Committee)

Similar legislation was SB 87 (O'Connell-D) which died in Senate Appropriations Committee.

SB 2136* (McPherson-R) Resources: water pollution

Expressly allows the placement of a vehicle on privately owned property along a streambank by the property owner or tenant for the purpose of preventing erosion of the streambank.

(Died in Senate Natural Resources and Wildlife Committee)

SB 2161 (McPherson-R) Commercial fishing: licenses and permits

Requires all persons who hold a commercial fishing vessel permit to also hold a valid commercial boat registration of that vessel.

(Died on Assembly Inactive File)

SB 2183 (Leslie-R) Parks and recreation: carrying capacity

Gives entrance preference to school groups in the event that the State Department of Parks and Recreation is forced to choose between visitors due to overcrowding.

(Died in Senate Natural Resources and Wildlife Committee)

SB 2184 (McPherson-R) Commercial fishing: landing receipts

Requires those persons in possession of fish landing receipts to write "VOID" on the face of void receipts and to transfer all unused landing receipts and books to the State Department of Fish and Game as soon as that person is no longer conducting business requiring landing receipts.

Chapter 185, Statutes of 1998

SB 2207 (Sher-D) Vessels: renewal registration fees

Allows voluntary contributions by vessel owners, at the time of their vessel registration renewal, to fund the removal of navigational hazards.

(Failed passage in Assembly Transportation Committee)

SB 2213* (Thompson-D) Fisheries

Extends, from April 1, 1998 to April 1, 2001, the transferability of dungeness crab vessel permits.

Chapter 186, Statutes of 1998

SCR 64 (Alpert-D) International Year of the Ocean

Designates 1998 as the International Year of the Ocean and requests the California Environmental Protection Agency and the Resources Agency to promote activities supporting the International Year of the Ocean.

Resolution Chapter 109, Statutes of 1998

SJR 41 (Thompson-D) Marine weather buoys

Memorializes the Congress to work together with the National Oceanic and Atmospheric Administration and the National Weather Service to enact legislation that would provide funding for the implementation of a permanent marine weather buoy system.

Resolution Chapter 73, Statutes of 1998

SR 32 (O'Connell-D) State Lands Commission

Commends the State Lands Commission for its wise stewardship of Californian's public lands over the last 60 years.

Adopted

SB 7X (Johannessen-R) Streambed alterations

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

(Died in Senate Natural Resources and Wildlife Committee)

SB 8X (Johannessen-R) Streambed alterations.

Adds erosion that immediately threatens a highway as an exemption to reading a streambed alteration agreement and defines emergency.

Chapter 9X, Statutes of 1997-98, First Extraordinary Session

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

Enacts provisions to protect children from environmental health threats. Among others, requires the Air Resources Board (ARB) to adopt air quality standards and toxic air contaminant standards that take into account the physiology and exposure patterns of children, requires local agencies to conduct at least one annual inspection of facilities which a record of violations and that are located within 1,000 feet of a school or day care center, requires ARB to improve monitoring at schools and day care centers, and requires the South Coast Air Quality Management District to notify schools and day care centers when general air quality standards are expected to be exceeded.

Vetoed by the Governor

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.

(Died 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.

(Died on Assembly Inactive File)

AB 468 (Wayne-D) Beverage containers

Reauthorizes payment structures in the "bottle bill" beverage container recycling program and alters payment levels.

Vetoed by the Governor

AB 514* (Aroner-D) Robert Crown State Beach: beach erosion control

Gives funding consideration for beach erosion control projects to Robert Crown State Beach.

(Died in Assembly Water, Parks and Wildlife Committee)

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

Revises the Tahoe Regional Planning Compact to require that the seven 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.

(Failed passage 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.

(Died in Assembly Water, Parks and Wildlife Committee)

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.

(Died 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.

(Died in Senate Appropriations Committee)

AB 1000 (Keeley-D) Clean coastal waters and rivers

Makes legislative findings and declarations concerning California's coast and river systems. Specifically:

Finds and declares that California's coastal and riparian areas have been significantly damaged and are in need of immediate attention;
Makes a general proposal that large public investments will be needed in order to protect California's coastal and riparian resources.

(Died in Senate Natural Resources and Wildlife Committee)

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

Requires the Resources Agency, and every state agency within the Resources Agency, to post, on an appropriate information page on the Internet or on an appropriate existing website of any other state agency, specified information, including information regarding meetings. Requires the Resources Agency, in addition to information provided on the Internet, to continue to make printed copies of all information and documents available to the public at a reasonable cost. Allows the Resources Agency to seek reimbursement from any other state agency for any costs that are incurred on that agency's behalf in connection with the requirements of the bill.

Vetoed by the Governor

AB 1241 (Keeley-D) Marine fishery management plans

Provides a mechanism and guidelines whereby fishery management plans would be developed for use and preservation of marine resources living at the maximum sustainable yield.

Chapter 1052, Statutes of 1998

AB 1246 (Olberg-R) Property taxation: mining and mineral property: base year

Requires that leach pools, tailing facilities and settling ponds on mining or mineral property be approved separately for purposes of determining taxable value.

Chapter 226, Statutes of 1998

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.

(Died in Assembly Water, Parks and Wildlife Committee)

AB 1625 (Richter-R) Fish and game: penalties

Significantly increases the penalty for the crime of placing aquatic plants and animals in waters of the state. Makes it a misdemeanor with higher penalties if an aquatic nuisance species were used to commit the crime of placing aquatic plants or animals into waters of the state. Provides for certain exceptions for ballast water and for unknowingly possessing the aquatic plant at issue.

Chapter 431, Statutes of 1998

AB 1657 (Murray-D) Transportation facilities: environmental enhancement

Extends the sunset, by three years to June 30, 2004, on the Legislature's intent to annually allocate $10 million to the Environmental Enhancement and Mitigation Demonstration Program Fund to provide grants that mitigate the adverse effects of transportation-related projects.

(Died in Senate Transportation Committee)

AB 1671* (Keeley-D) Fish and Game Preservation Fund

Transfers $7 million from the General Fund to the Fish and Game Preservation Fund to compensate for reductions in fishing taxes and fees caused by El Nino.

Chapter 1060, Statutes of 1998

AB 1725 (Napolitano-D) Pio Pico State Park: park refurbishment

States legislative intent to provide funding in the 1998 Budget Act to refurbish Pio Pico State Park in the City of Whittier.

(Died on Senate Inactive File)

AB 1743 (Runner-R) Rim of the Valley Trail Corridor

Allows the executive director of the Santa Monica Mountains Conservancy to revise the boundaries of the Rim of the Valley Trail Corridor (RVTC) in the vicinity of the city of Santa Clarita to include Whitney Canyon and its adjacent watershed, and gives the owner of Elsmere Canyon and its watershed the option of requesting that Elsmere Canyon be included in the RVTC.

(Failed passage in Assembly Natural Resources Committee)

AB 1772 (Olberg-R) Support enforcement

Extends to sport and fishing licenses the requirement that person who owe child support be denied licenses.

(Failed passage in Senate Appropriations Committee)

AB 1790 (Bowen-D) California Conservation Corps

Authorizes the California Conservation Corps to recruit welfare recipients ages 24 to 35 to participate as members provided that additional federal, state, or county funds are available to fund their support.

(Died in Senate Appropriations Committee)

AB 1840 (Wildman-D) Los Angeles River Parkway

Adds the Los Angeles River and tributaries to the Santa Monica Mountains Conservancy "zone".

(Died in Senate Natural Resources and Wildlife Committee)

AB 1902 (Frusetta-R) Fish and Game: coyotes

Requires the State Department of Fish and Game (DFG) to develop and begin a two-year study on or before July 1, 1999 to study the impact of coyotes on endangered species, upland game birds, pigs, deer and livestock.
Appropriates $400,000 from the Fish and Game Preservation Fund to DFG to develop the study.

(Died in Assembly Water, Parks and Wildlife Committee)

AB 1928 (Morrow-R) Commercial fishing

Exempts persons who purchase, sell, transport, and take bait fish from certain taxes and license requirements.

Chapter 464, Statutes of 1998

AB 1972 (Knox-D) Santa Monica Mountains Conservancy

Makes private schools that meet specified requirements eligible for conservancy grants.

Chapter 433, Statutes of 1998

AB 1986* (Migden-D) Headwaters Forest, Owl Creek, and Grizzly Creek

Appropriates $130.5 million from the General Fund for the state's share of acquisition of approximately 7500 acres within the Headwaters Forest, subject to specified conditions regarding the implementation of Pacific Lumber Company's Habitat Conservation Plan.
Appropriates $80 million from the General Fund toward purchase of the Owl Creek Grove within the Headwaters Forest at fair market value, subject to an appraisal.
Appropriates $20 million from the General Fund toward purchase of the Grizzly Creek Grove within the Headwaters Forest at fair market value, subject to an appraisal.
Appropriates $15 million from the General Fund for economic assistance to Humboldt County.

Chapter 615, Statutes of 1998

AB 2019 (Kuehl-D) Storm water discharge

Enacts the Storm Water Enforcement Act of 1998, to enhance enforcement of storm water run-off permit requirements, as specified. Requires the State Water Resources Control Board to submit a report by May 1, 2000 and on May 1 thereafter to the Legislature summarizing the enforcement actions undertaken in the previous year regarding storm water discharge.

Chapter 998, Statutes of 1998

AB 2053 (Baugh-R) Bolsa Chica State Beach: Blufftop Park

Provides that if moneys become available to the State Department of Parks and Recreation to fund a safety railing replacement project at Blufftop Park above the Bolsa Chica State Beach, the department will pay for 50% of the cost of the project, not exceeding a total amount of $97,000, so long as the City of Huntington Beach pays for any costs of the project that are in excess of that amount.

Vetoed by the Governor

AB 2111 (Oller-R) Fish and game

Prohibits the State Department of Fish and Game from placing stuffed mammals or artificial replicas of mammals along the road as decoys in such a manner as to cause motorists to assume the mammals are alive.

(Died in Assembly Water, Parks and Wildlife Committee)

AB 2165* (Bowen-D) Taxation: environmental remediation expenses

Under the Personal Income Tax and Bank and Corporation Tax Laws for each taxable or income year beginning on or after January 1, 1999, conforms to federal provisions enacted by the Taxpayer Relief Act of 1997 that authorizes taxpayers to deduct the cost of any qualified environmental remediation expenditure.

(Died in Assembly Appropriations Committee)

Contained in AB 2797* (Machado-D), a Budget trailer tax conformity bill which became Chapter 322, Statutes of 1998.

AB 2185 (Kaloogian-R) Environmental education

In establishing the Environmental Literacy Act of 1998, requires any school district that provides instruction in environmental science or educational issues to ensure that this instruction is based on current scientific information and includes a discussion of economic implications.

(Died in Assembly Education Committee)

AB 2199 (Washington-D) Conservation education service

Specifies that environmental hazards must be included as one of the factors affecting environmental quality (i.e., current law requires the Conservation Education Service to encourage the development of educational curriculum in relation to factors affecting environmental quality).

Vetoed by the Governor

AB 2227 (Honda-D) Importation: bullfrogs and turtles

Prohibits the State Fish and Game Commission from adopting regulations that prohibit the importation of live turtles or bullfrogs into this state for use as food.

(Died in Assembly Water, Parks and Wildlife Committee)

AB 2230 (Thompson-R) Fish and game

Makes changes to the Fish and Game Code relating to hunting licenses, sportfishing licenses, meeting times of the State Fish and Game Commission and the form of payment to the State Department of Fish and Game for licenses.

Chapter 247, Statutes of 1998

AB 2231 (Aroner-D) Fish and shellfish consumption advisories

Requires an Office of Environmental Health Hazard Assessment final fish consumption advisory to be posted in conspicuous places and printed in languages primarily read or spoken in the region where advisories are posted. Also requires the State Department of Health Services, to the extent funds are available, to encourage county health departments to post and make the advisories and related health advisory pamphlets available to local, state and other public offices.

Vetoed by the Governor

AB 2237 (Escutia-D) Environmental loans and grants

Requires the California Environmental Protection Agency, the Resources Agency, and the State Department of Health Services to make information relating to environmental grants or loans available to the public in a readily accessible form, including through the Internet website.
Requires these entities to review the selection criteria for existing and future grant and loan programs and incorporate consideration of specified selection criteria, including adverse health or environmental effects.

Vetoed by the Governor

AB 2309 (Bowen-D) Beverage containers: fees

Makes numerous changes to the California Beverage Container Recycling and Litter Reduction Act, including expanding the types of containers subject to the Act.

(Died in Assembly Appropriations Committee)

AB 2340 (Frusetta-R) Streambed alterations

Exempts specified projects and activities that impact streams, rivers, and lakes from the requirements designed to protect fish and wildlife which depends on these habitats.

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

AB 2394 (Margett-R) Parks and recreation: property acquisitions

Requires the State Public Works Board to acquire interests in property settled through purchase negotiations by the State Department of Parks and Recreation (DPR). Requires claims for costs and expenses related to real property acquisitions by DPR to be presented by the Director of DPR, as opposed to the Director of General Services. States that DPR would have jurisdiction over property acquired by DPR immediately upon transfer of title to the state. Increases to ten years the maximum term for specified leases entered into by DPR, a doubling of the current maximum. Makes numerous other specified changes to property acquisition procedures by DPR.

Chapter 344, Statutes of 1998

AB 2404 (Shelley-D) Marine resources: Sea Life Conservation Act

Requires the State Department of Fish and Game to prepare or contract for a study report that identifies necessary modifications to existing marine managed areas. Requires the State Fish and Game Commission, by July 1, 2001, to adopt a plan to redesign and manage the marine managed area system based on recommendations in the study report.

Vetoed by the Governor

AB 2420 (Olberg-R) Processing fees

Requires the State Department of Conservation to set the recycling cost for PET containers as $770. Also repeals the processing fee calculation provisions that would otherwise go into effect on January 1, 1999.

(Died in Assembly Natural Resources Committee)

AB 2430 (Oller-R) Wild Animals: nonlethal force

Authorizes a property owner, tenant, employee of a property owner or tenant, or a law enforcement officer to use nonlethal force against a bear or other mammal that threatens property, livestock, or agricultural crops owned by that property owner or tenant.

(Died in Assembly Water, Parks and Wildlife Committee)

AB 2440 (Oller-R) Wildlife: game animals

Deletes provisions that restrict possession of deer, elk, bear, or antelope based on identifying the meat with a stamp or seal obtained from State Department of Fish and Game or their designee.
Adds a provision that deer, elk, bear, or antelope meat may be possessed at any time as long as the possessor holds a hunting license and validated tags or copies of those items.

Chapter 531, Statutes of 1998

AB 2481 (Bustamante-D) California Conservation Corps: funding

Appropriates $5 million to the California Conservation Corps for expenditure in accordance with a prescribed schedule related to disaster preparedness and emergency response activities. Also declares the intent of the Legislature to provide funding for these purposes in future fiscal years in the annual Budget Act.

(Died in Senate Appropriations Committee)

AB 2514 (Aguiar-R) Parks and resources improvement: bond act

Upon passage by the voters, authorizes the sale of an unspecified amount in general obligation bonds for the purpose of funding acquisition, development, improvement, rehabilitation, and protection of park, recreational, wildlife and coastal resources.

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

AB 2541 (Margett-R) Peace officers: State Department of Parks and Recreation

Adds to Penal Code 830.7 (granting the powers to arrest of a peace officer) to employees of the State Department of Parks and Recreation "classified as Firefighter/Security Officers" and designated by the director of the department, provided that the primary duty of the employee is the protection of the state park system as set forth in Section 5008 of the Public Resources Code "at Hearst San Simeon State Historical Monument."

(Died in Senate Public Safety Committee)

AB 2544* (Bordonaro-R) Commercial fishing: licenses

Extends the date by which commercial fishing licenses that have an expiration date in April 1998 are to expire from April 1, 1998 to July 1, 1998.

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

AB 2624* (Ducheny-D) Parks and resources improvement: bond act

Enacts the Parks and Resources Improvement Bond Act of 1998 which, if adopted on the November 3, 1998 general election, would authorize, 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, lake, riparian, reservoir, river, and coastal resources, the issuance of bonds in the amount of $1,302,500,000.

(Died in Assembly Water, Parks and Wildlife Committee)

AB 2754 (Lempert-D) Oil spill prevention

Extends the civil and criminal penalties for knowingly, intentionally, or negligently discharging or spilling oil into oceans and other marine waters to discharges or spills of more than 42 gallons of oil into "the waters of the state" such as rivers, lakes, surface and ground waters. Exempts spills or discharges of oil or petroleum products by agricultural operations. Applies to violations which occur on or after January 1, 1999.

(Died in Senate Rules Committee)

AB 2782 (Keeley-D) State Appropriations: Budget Act of 1998

Appropriates $5 million for the preservation and restoration of the Leland Stanford Mansion state historic park. Authorizes the mansion facilities to be used by the Governor for meetings, conferences, and other ceremonial functions as determined by the Governor and the Legislature when the events do not conflict with gubernatorial functions.
Appropriates $750,000 for the preservation and restoration of the Pio Pico Governor's residence state historic park.
Appropriates $1 million for the purchase of the Bombay parcel for the completion of the Santa Cruz Greenbelt.

Chapter 953, Statutes of 1998

AB 2784* (Strom-Martin-D) Natural resources

Implements the natural resources and environmental protection portions of the 1998 Budget Act. Specifically:

Prohibits the State Department of Toxic Substances Control from adopting the pending regulation to restructure the management and declassification of hazardous wastes (RSU) until the completion of an independent, scientific peer review, the California Environmental Quality Act (CEQA) analysis, and the Administrative Procedures Act. Appropriates $617,000 for the implementation of the RSU as requested in the Governor's 1998-99 Budget.
Extends the Resources Trust Fund for three years until 2007, establishes a second priority of $2.2 million annually for the Marine Life and Marine Reserve Management Account, and a third priority of $10 million annually for the State Park System Deferred Maintenance Account.

3, Establishes a 50 cents per plate limit on the amount of funds from the sale of Environmental License Plates that may be used for increasing public awareness of the environmental license plate program.

Appropriates $44 million a year for 1999-2000, 2000-2001, and 2001-2002 fiscal years from the General Fund to the State Department of Water Resources on a pro rated allocation toward payment of the state owed share of approved local flood control projects.
Provides an expenditure plan for the unencumbered balances of moneys made available to the State Coastal Conservancy, and the State Departments of Fish and Game and Parks and Recreation (DPR) by the California Wildlife, Coastal and Park Land Conservation Act of 1988 pursuant to the provisions of that bond measure.
Extends the administrative provisions relating to the performance based budgeting pilot programs at the California Conservation Corps (CCC) and DPR.
Requires the State Department of Boating and Waterways (DBW) to contract for the development of a business plan for the Spud Point Marina using funds appropriated in the budget. Also authorizes DBW to renegotiate or forgive any or all portions of the outstanding debt owed by Sonoma County to DBW and to suspend collection of all loan and interest payments.

Chapter 326, Statutes of 1998

AB 2785* (Richter-R) Department of Fish and Game: Lake Davis claim

Appropriates $9,176,000 from the General Fund to a special account in the Special Deposit Fund created by the bill to compensate certain claimants, including the City of Portola and Plumas County, with respect to the Lake Davis Northern Pike Eradication Project. Specifies the applicable procedures for processing those claims, and the processing of individual claims by the Office of the Attorney General.

Chapter 937, Statutes of 1998

AB 2794* (Assembly Budget Committee) Budget Act of 1998: augmentations

Appropriates $8,289,000 to augment the 1998 State Budget to the State Department of Parks and Recreation to be available for expenditure relative to 49 specified local projects. Also appropriates $400,000 to the Lake Tahoe Conservancy construction of the Rocky Point bicycle and pedestrian trail. Appropriates $250,000 to the California Conservation Corps for development of the San Francisco Bay Trail. Appropriates $100,000 to the State Department of Education for environmental educational program funding. Appropriates $225,000 to the California Wildlife Conservation Board to expand Sky Ranch and Kern River Parkway.

Chapter 1050, Statutes of 1998 - Item Veto

ACA 33 (Margett-R) Fish and game

Deletes the express authority of the Legislature to delegate by statute to the State Fish and Game Commission powers relating to the protection and propagation of fish and game as the Legislature sees fit. Instead, authorizes the State Department of Fish and Game, in consultation with the commission, to regulate the protection, propagation, and take of fish and game, including, but not limited to, specially protected mammals. Requires the department to utilize principles of sound scientific management in adopting regulations that govern the protection, propagation, and take of fish and game.

(Died in Assembly Water, Parks and Wildlife Committee)

ACR 108 (Honda-D) Live turtles and bullfrogs: importation

Memorializes the State Fish and Game Commission to reject a proposal that would ban the importation of live turtles and bullfrogs into this state for human consumption.

(Died in Assembly Water, Parks and Wildlife Committee)

ACR 137 (Machado-D) State Parks Month

Proclaims May 1998, as State Parks Month.

Resolution Chapter 51, Statutes of 1998

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

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