Environment

Air Pollution

SB 11 (Cedillo-D) Air quality: South Coast Air Quality Management District

Increases the number of members on the south coast district board from 11 to 13, and requires the additional member to be appointed by the City of Los Angeles. Adjusts and clarifies the cities included in the western and eastern regions of the County of Los Angeles for the purpose of appointing the remaining board members.

(Died in Senate Rules Committee)

SB 207 (Ackerman-R) Air quality: gasoline vapor emission control systems

Prohibits local air quality districts from issuing a citation to an owner or operator of a gasoline vapor control system, device, or component for a defect or malfunction that meets specified criteria.

(Died in Senate Environmental Quality Committee)

SB 403 (Florez-D) California Clean Air Bond Act

Creates a $5.15 billion general obligation bond, which if approved by the voters, will fund air quality improvement projects. Sets no election date.

(Died in Assembly Rules Committee)

A similar bill is SB 701 (Florez-D), which died in Senate Appropriations Committee.

SB 537 (Romero-D) Los Angeles County sanitation districts

Requires each sanitation district in the County of Los Angeles to establish a restricted reserve fund for air pollution mitigation and to annually place at least $15 million in the air pollution mitigation fund and prohibits the siting of a new materials recovery facility designed to receive greater than 4,000 tons per day within Los Angeles County prior to 2015.

(Died in Assembly Local Government Committee)

SB 702 (Florez-D) Medium weight farm equipment

Exempts from the cost-effectiveness criteria under the Carl Moyer Memorial Air Quality Standards Attainment Program for the provision of grants to offset incremental costs of projects that reduce emissions of oxides of nitrogen from covered sources any project involving medium-weight farm equipment, as determined by the State Air Resources Control Board.

(Died in Senate Environmental Quality Committee)

SB 807 (Ashburn-R) Major source

Amends the provision of law which exempts agricultural sources of air pollution from state permitting requirements to exclude equipment at a major source of air pollution, thereby making such equipment subject to a permit.

(Died in Senate Environmental Quality Committee)

SB 999 (Machado-D) San Joaquin Valley Unified Air Pollution Control District

Increases the 11-member board of the San Joaquin Valley Unified Air Pollution Control District to 15 members, with new members being appointed by statewide officials, specifies terms of office for those members, and requires the new members be appointed according to specified criteria.

(Died in Assembly Appropriations Committee)

SB 1211 (Ortiz-D) Stationary sources: prosecution of violation

Removes the provision from existing law that provides that recovery of civil penalties preclude prosecution for air pollution violations and the filing of a criminal complaint requires the dismissal of a civil action thus allowing both civil and criminal penalties for air pollution violations.

(Died in Senate Public Safety Committee)

SB 1247* (Soto-D) Large Emission Reduction Program

Establishes the Large Emission Reduction Program to reduce unhealthful air emissions from internal combustion engines through the application of financial incentive-based programs. Establishes the Large Emission Reduction Program Trust Fund in the State Treasury, and makes monies in the trust fund available, upon appropriation by the Legislature, for grants to offset the incremental cost of specified projects.

(Died in Senate Transportation Committee)

SB 1397 (Escutia-D) Emissions of air contaminants: locomotives and rail yards

Authorizes the South Coast Air Quality Management District to implement a rail yard source emission reduction program and a locomotive emission impact mitigation program.

(Failed passage on Assembly Floor)

SB 1615 (Denham-R) Smog check: out-of-state vehicles

Exempts out-of-state vehicles that are more than 30 or more model years old from the smog check requirement upon initial registration.

Chapter 701, Statutes of 2004

SB 1636 (Battin-R) Exemption from clean air and clean water requirements

Exempts from any air quality requirement adopted by the State Air Resources Board or a district a project by an oil refinery to upgrade the physical characteristics of the refinery. Exempts from any water quality requirement adopted by the State Water Resources Control Board or a regional water board any project undertaken by an oil refinery that is otherwise approved to operate in the state to upgrade the physical characteristics of the refinery and increase its refining capacity if the increase will result in the emission of the same or a lesser amount of pollutants than the maximum amount that would otherwise be allowed prior to the upgrade, as determined by the state board or regional board.

(Failed passage in Senate Environmental Quality Committee)

SB 1814 (Battin-R) Air pollution: gasoline

Requests the University of California to conduct a study on the impacts of allowing gasoline that does not comply with California Reformulated Gasoline (CaRFG) standards to be used in the state. Authorizes any gasoline approved for sale in California by the federal Environmental Protection Agency to be imported into, and sold, in the state. Requires the State Air Resources Board (ARB) to impose an eight cent per gallon fee on any importer of any federally approved gasoline imported into this state for sale that does not comply with the CaRFG standards, and on any producer located in this state of any federally approved gasoline produced in the state for use in the state that does not comply with CaRFG standards. Requires all revenue received from the fee to be deposited in the Clean Gasoline Account to be made available to the ARB, upon appropriation, to reduce air pollution caused by motor vehicle emissions.

(Failed passage in Senate Environmental Quality Committee)

SB 1883 (Senate Environmental Quality Committee) Emission reductions

Deletes an obsolete requirement that the State Air Resources Board adopt a workshop and hearing schedule for purposes of considering the adoption of standards and regulations for mobile sources of air pollution by November 15, 1989.

(Died at Assembly Desk)

SJR 28 (Torlakson-D) Gasoline: MTBE

Requests the United States Environmental Protection Agency to reconsider granting an administrative waiver of the act's oxygenated gasoline requirement for the State of California, to the extent permitted by the federal Clean Air Act. Requests the United States Congress, if an administrative waiver is not granted, to enact legislation that permits California to waive the oxygen content requirement for reformulated gasoline only if the fuel meets other requirements of the federal Clean Air Act for reformulated gasoline.

Resolution Chapter 95, Statutes of 2004

AB 151 (Vargas-D) Importation of electrical energy: mitigation fee

Requires any person who imports electricity into the state from northern Mexico, as specified, to pay a $0.001 per kilowatt-hour air contaminant emission mitigation fee to the State Air Resources Board for the purposes of mitigating the environmental or health impacts of the generating facility.

(Died in Senate Energy, Utilities and Communications Committee)

AB 219 (Reyes-D) Air quality

Deletes the exemption under current law for diesel powered vehicles from the Smog Check and Smog Check II requirements, requires every heavy-duty diesel motor vehicle to be inspected for excessive smoke emissions annually, requires vehicles used for agricultural or farming purposes, except an implement of husbandry, to be registered in California, subject to the provisions of Smog Check and Smog Check II.

(Died in Assembly Transportation Committee)

AB 404 (Garcia-R) Imperial County Air Pollution Control District

Authorizes the Imperial County Air Pollution Control District to require a transferee of water to undertake reasonable measures, including studies, to mitigate the air quality impacts associated with the water transfer and to require the transferee to pay an annual fee. Subjects the transferee to certain civil penalties for violating a measure or failing to pay a fee imposed by the district.

(Died in Assembly Natural Resources Committee)

AB 471 (Simitian-D) Air emissions: cruise ships

Prohibits, as of January 1, 2005, a cruise ship from conducting onboard waste incineration while operating within three miles of the California coast, except to the extent allowed by federal law.

Chapter 706, Statutes of 2004

AB 541 (Benoit-R) Smog check: test-only stations

Specifies that fuel injection and engine flush services are not repairs for the purposes of the enhanced smog check program, thereby authorizing test-only stations to perform those services in those areas. Requires the State Department of Consumer Affairs, with respect to the qualification tests for test-only technicians in the enhanced areas, (1) to review the qualification tests imposed on test-only technicians in enhanced program areas in other states and make the testing requirements imposed as consistent as possible with those in other states, (2) to establish prerequisite training for test-only technicians, and (3) to revise the qualification requirements to permit applicants to become smog check technicians at test-only stations by completing prerequisite training and passing the smog check qualification examination.

(Died in Senate Transportation Committee)

AB 729 (Lieber-D) Bay Area Air Quality Management District

Authorizes the Bay Area Air Quality Management District (District) to adopt rules and regulations to reduce and mitigate emissions of air contaminants from indirect sources of air pollution, but prohibits those rules or regulations from infringing upon any local government's authority to plan or control land use. Requires the District, not later than July 31, 2004, to adopt revised regulations to reduce fugitive emissions and flared gases from oil refineries in the state.

(Died in Assembly Natural Resources Committee)

AB 740* (Pavley-D) Clean Air, Clean Water, and Coastal Protection Act of 2004

Authorizes, subject to voter approval at an unspecified future statewide election, the issuance of $2.9 billion worth of general obligation bonds to fund a variety of projects related to clean air, clean water and coastal protection.

(Died in Assembly Appropriations Committee)

AB 788 (Chavez-D) State Air Resources Board: disinfectants

Extends, until January 1, 2005, a prohibition on the State Air Resources Board from adopting regulations pertaining to disinfectants.

(Died in Senate Environmental Quality Committee)

AB 923 (Firebaugh-D) Air pollution

Authorizes an increase in the surcharge air quality management districts (AQMDs) may levy on motor vehicle registrations within their jurisdictions from $4 to $6. Expands the types of emissions covered by the Carl Moyer Memorial Air Quality Standards Attainment Program (Carl Moyer program) to include emissions of particulate matter and reactive organic gases from defined covered sources in the state. Prohibits projects funded with Carl Moyer program grants to be used as credits under emission banking or trading programs. Substantially revises how Carl Moyer program funds are distributed to AQMDs. Authorizes the State Air Resources Board (ARB) to update and adopt regulations to implement this bill. Increases the California Tire Fee by $0.75 to fund programs under the ARB and AQMDs to mitigate or remediate air pollution caused by tires. Sunsets the provisions of the bill and reinstates current law on January 1, 2015.

Chapter 707, Statutes of 2004

AB 1063 (Firebaugh-D) South Coast Air Quality Management District

Authorizes the imposition of fees on, and the mandated retrofit of, locomotives and heavy-duty vehicle engines in the South Coast Air Basin.

(Died in Assembly Transportation Committee)

AB 1316 (Parra-D) Smog Check II: coastal districts: study

Requires the State Air Resources Board (ARB) to conduct a study evaluating the benefit to air quality that would result from requiring all air quality management districts and air pollution control districts located along the state's coastline between Los Angeles and the San Francisco bay area to participate in Smog Check II, irrespective of each district's attainment status with respect to state and federal ambient air quality standards. Requires the ARB to report the results of the study to the appropriate policy committees of the Legislature not later than January 1, 2005.

(Died in Assembly Transportation Committee)

AB 1394 (Levine-D) Carl Moyer Memorial Air Quality Standards Attainment Program

Expands the Carl Moyer Memorial Air Quality Standards Attainment Program to authorize air districts to award grants for the replacement of heavy duty vehicle engines, the promotion of alternate fuels technology and related activities, based on a project's reductions in particulate matter. Projects are eligible for funding if they combine two transactions: (1) the purchase of a new very low-or-zero-emission vehicle, and (2) the replacement of even older, dirtier engines with the relatively cleaner engines being replaced in the first transaction.

Chapter 627, Statutes of 2004

AB 1468 (Pavley-D) California on the Move-Petroleum Demand Reduction Act

Establishes the California on the Move-Petroleum Demand Reduction Act and states legislative intent that on-road petroleum demand be reduced by 15 percent below 2003 demand levels (adjusted annually to reflect the changes in the state's population) by the year 2020.

(Failed passage on Senate Third Reading File)

AB 1637 (La Suer-R) Penalties

Deletes the administrative penalty provisions set forth in current law as an alternative to seeking civil penalties for the violation of certain State Air Resources Board regulations relating to vehicular and nonvehicular air pollution control.

(Died in Assembly Natural Resources Committee)

AB 1672 (Cogdill-R) Emission reduction credits

Authorizes emission reduction credits for the diversion, to an alternative end use, of certain agricultural material from the annual inventory of burn acreage of an air pollution control district or an air quality management district.

(Failed passage in Assembly Natural Resources Committee)

AB 1808 (Yee-D) Tobacco information campaign

Requires the Tobacco Control Section of the State Department of Health Services to conduct a public education and awareness campaign regarding the impacts of environmental tobacco smoke and secondhand smoke exposure in outdoor areas, particularly at beaches, if funds are available.

(Failed passage in Senate Appropriations Committee)

AB 1966 (Campbell-R) Hydrogen refueling stations

Requires the State Air Resources Board to adopt statewide guidelines for the production and licensing of hydrogen fuel cell consumer refueling stations.

(Died in Senate Energy, Utilities and Communications Committee)

Similar legislation is AB 927 (Campbell-R), which died in Assembly Transportation Committee.

AB 1971 (Lowenthal-D) Air pollution: marine terminals

Makes several clarifying changes to the requirements under current law restricting truck idling at marine ports.

Chapter 580, Statutes of 2004

AB 2042 (Lowenthal-D) Ports of Los Angeles and Long Beach

Requires the South Coast Air Quality Management District (SCAQMD), by September 1, 2005, to establish a baseline for air quality for the ports of Los Angeles and Long Beach, as specified. Requires the SCAQMD, the State Air Resources Board (ARB), the Port of Los Angeles, and the Port of Long Beach to develop and enter into a Memorandum of Agreement (MOA) to implement emission-control measures related to operations at each of those ports. Requires the ARB to report annually, commencing January 1, 2006, regarding the development and implementation of the MOA. If an MOA is not entered into by September 1, 2005, requires the ports to develop a baseline for air quality for each port, as specified and requires that the data be submitted to the SCAQMD for approval.

Vetoed by the Governor

AB 2128 (Jackson-D) Smog check: voluntary vehicle retirement

Redirects revenues from the $6 annual smog abatement fee into a specified fund to provide financial incentives to vehicle owners to voluntarily retire older, higher-polluting vehicles and to purchase partial electric or zero-emission vehicles. Becomes operative on July 1, 2005.

Chapter 703, Statutes of 2004

AB 2541 (Frommer-D) Low Emission Contractor Incentive Program

Requires the State Department of General Services to establish a program providing bid preferences on all state contracts for bidders using low-emission equipment and vehicles and/or implementing rideshare programs.

(Died in Assembly Appropriations Committee)

AB 2585 (Parra-D) San Joaquin Valley Air Pollution Control District

Establishes a process for calculating the increase in state taxes collected in Kings County attributable to the future, potential deployment of the F-35 Joint Strike Fighter program at Lemoore Naval Air Station and declares legislative intent to consider providing state funding for programs to mitigate air pollution emissions resulting from that deployment.

Chapter 885, Statutes of 2004

AB 2644 (Oropeza-D) School bus idling

Prohibits excessive engine idling by school buses during their operation and by other vehicles at school sites.

Vetoed by the Governor

AB 2683 (Lieber-D) Smog check

Repeals the "30-year rolling exemption" that applies to Smog Check and Smog Check II programs.

Chapter 704, Statutes of 2004

AB 2809 (Canciamilla-D) Confined animal facilities

Prohibits an air pollution control district from issuing a permit for a confined animal facility prior to the completion of the scientific review by the state board.

(Died in Assembly Natural Resources Committee)

AB 2863 (Pavley-D) School facilities: indoor air quality

Beginning January 1, 2006, requires a school district applying for state school facilities funds to include in its plans for new construction and modernization of a school building an indoor air quality management plan, and authorizes the use of certain funds to prevent indoor air problems in school facilities.

(Died in Assembly Appropriations Committee)

AB 2906 (Nation-D) Vehicles: global warming gases

Requires vehicle smog index labels to be changed to air pollution labels and, beginning in 2009, requires the labels to display specified information about global warming gases and include indices that compare a vehicle's exhaust emissions and global warming gas emissions with those from other vehicles of the same model year.

(Died in Senate Transportation Committee)

AB 2939 (Diaz-D) Smog check: vehicle retirement

Exempts from the smog check program any motor vehicle that is six or less model-years old. Authorizes the State Department of Motor Vehicles to select, at random, up to 1/10 of one percent of those exempt vehicles to be subject to program coverage at the time of registration renewal and provide an annual report to the Legislature by December 1 of each year on the results of the emissions testing of those vehicles.

Requires owners of those exempted vehicles to pay an annual smog mitigation fee of $7 in addition to the $4 smog abatement fee at the time of registration for use in the development and implementation of the most cost-effective mobile source of emission reduction programs.

(Died in Assembly Labor and Employment Committee)

AB 2953 (Matthews-D) Carl Moyer Memorial Air Quality Standards Program

Provides that no new purchase, retrofit, re-power, or add-on equipment shall be funded under the Carl Moyer Program after the compliance date of any local state or federal law, regulation, or rule.

(Died in Senate Environmental Quality Committee)

AB 3104 (Firebaugh-D) Carl Moyer Memorial Air Quality Standards Program

Declares the intent of the Legislature to expand the Carl Moyer Memorial Air Quality Standards Program to include projects that reduce emissions of reactive organic gases or particulate matter from covered sources, to expand the covered sources to include onroad and offroad internal combustion engines and gasoline engine categories, to fund cost effective programs through new light- and heavy-duty vehicle repair, retrofit, and scrap programs and Lower-Emission School Bus Program, and to ensure that reductions in covered emissions are credited in any applicable state implementation plan.

(Died in Assembly Appropriations Committee)

Coastal Resources

SB 86 (Machado-D) Sacramento-San Joaquin Delta Conservancy Program

Creates the Sacramento-San Joaquin Delta Conservancy Program, under the administration of the State Coastal Conservancy, for restoring, enhancing, and protecting agricultural, economic, and natural resources of the Sacramento-San Joaquin Delta.

Vetoed by the Governor

SB 512 (Figueroa-D) Marine resources

Changes provisions governing state representation on the federal Pacific Fishery Management Council and specifies what statutes govern current limitations on waste discharges into state water quality protection areas in coastal waters.

Chapter 854, Statutes of 2004

SB 518 (Escutia-D) Water security, clean drinking water, coastal/beach

Declares that it is the purpose of The Water Security, Clean Drinking Water, Coastal and Beach Protection Act of 2002 (Proposition 50) to ensure that urban areas and areas with special needs receive an equitable allocation of available funds. Requires that agencies administering sections 79520, 79530, 79540, 79545, 79550, and 79560 of Proposition 50 consider adopting criteria that include a preference for certain specified projects.

(Died in Senate Agriculture and Water Resources Committee)

SB 563 (Ackerman-R) Water Quality Information Clearinghouse

Appropriates $15 million from Proposition 50 (The Water Security, Clean Drinking Water, Coastal and Beach Protection Act of 2002) to the State Water Resources Control Board for the establishment of a Water Quality Information Clearinghouse at the University of California to facilitate the restoration and protection of the water quality and environment of coastal waters, estuaries, bays and nearshore waters, and groundwater. Becomes operative only if the Regents of the University of California certify to the State Controller that the funds appropriated by the bill will be used to establish the clearinghouse.

(Died in Senate Agriculture and Water Resources Committee)

SB 681 (Morrow-R) Coastal resources: coastal commission: permits

Revises a provision under the California Coastal Act regarding the construction of revetments, breakwater, groins, harbor channels, seawalls, cliff retaining walls and other construction to prohibit the attachment of environmental mitigation requirements to permits for the maintenance or repair of existing seawalls.

(Died in Senate Natural Resources and Wildlife Committee)

SB 1318 (Burton-D) Water security, clean drinking water, coastal/beach

Amends The Water Security, Clean Drinking Water, Coastal and Beach Protection Act of 2002 (Proposition 50) to provide that of the money allocated to the State Coastal Conservancy and to the Wildlife Conservation Board a total amount, not exceeding $30 million from the combined allocations, shall be available for appropriation by the Legislature to the Ocean Protection Council for grants, loans, and direct expenditure for projects to protect, conserve, and restore coastal waters and ocean ecosystems.

Also amends Proposition 50 to require that any expenditure by the State Water Resources Control Board for projects that affect coastal watershed and coastal waters, shall be expended in a manner consistent with the provisions of the Watershed, Clean Beaches, and Water Quality Act, and the California Ocean Protection Act as proposed by SB 1319 (Burton-D) of the 2003-04 Regular Session.

(Died in Assembly Appropriations Committee)

SB 1319 (Burton-D) Natural resources: ocean protection

Enacts the California Ocean Protection Act, creates the Ocean Protection Council (Council), and authorizes the Council to carry out various programs relating to the protection of coastal waters and ocean ecosystems.

Chapter 719, Statutes of 2004

AB 90 (Wyland-R) California Coastal Commission: membership

Provides for a four-year rather than two-year term for members of the California Coastal Commmision (Commission). Requires members appointed by the Governor to serve at the pleasure of the Governor. Makes related changes. Under existing law, members of the Commission generally serve for two years at the pleasure of the selecting or appointing authority.

(Died in Assembly Natural Resources Committee)

AB 454 (Yee-D) Beaches

Provides that no person shall smoke a cigarette, cigar, or other tobacco-related product on any beach under the jurisdiction of the State Department of Parks and Recreation, except within 20 feet of an appropriate waste receptacle. Provides that a person who violates the prohibition is guilty of an infraction punishable by a $100 fine.

(Died in Senate Natural Resources and Wildlife Committee)

AB 740* (Pavley-D) Clean air, clean water, and coastal protection

Authorizes, subject to voter approval at an unspecified future statewide election, the issuance of $2.9 billion worth of general obligation bonds to fund a variety of projects related to clean air, clean water and coastal protection.

(Died in Assembly Appropriations Committee)

AB 800 (Kehoe-D) California Coastal Commission

Makes technical changes and provides for a 15-member board by deleting the reference to the Secretary of the State Trade and Commerce Agency. Also deletes provisions of the code relating to the transition between the Coastal Zone Conservation Act of 1972 and the Coastal Act of 1976, and a reference to a federal consistency review that is no longer relevant.

Chapter 746, Statutes of 2004

AB 947 (Jackson-D) Natural resources: California Ocean Resources Management Act

Establishes a process for enhancing the state's focus on, and modifying its responses to, coastal erosion.

(Died in Assembly Appropriations Committee)

AB 1054 (Spitzer-R) Water quality: bond appropriation

Appropriates $20 million from Proposition 50 (The Water Security, Clean Drinking Water, Coastal and Beach Protection Act of 2002) to Orange County for clean beaches, watershed protection and water quality projects.

(Died in Assembly Natural Resources Committee)

AB 1170 (Canciamilla-D) Cultural and historical preservation

Requires an unspecified allocation of bond proceeds from the California Clean Water, Clean Air, Safe Neighborhood Parks, and Coastal Protection Act of 2002 (Proposition 40) be made to the City of Martinez for the John Muir Festival Center.

(Died in Assembly Appropriations Committee)

AB 1583 (Koretz-D) Beaches: prohibiting smoking

Makes it an infraction for a person to smoke a pipe, cigar, or cigarette on a state coastal beach.

(Failed passage on Senate Floor)

AB 1876 (Chan-D) Public beach sanitation

Requires microbiological contamination monitoring at heavily used public beaches and recreational shore areas in San Francisco Bay.

Chapter 709, Statutes of 2004

AB 2529 (Kehoe-D) Water quality: marine managed areas

Establishes a Marine Managed Areas Program to grant monetary awards for capital projects that would restore and protect the water quality and environment of protected marine areas.

Chapter 714, Statutes of 2004

AB 2725 (Laird-D) California Coastal Commission: communications

Prohibits ex parte communications between a member of the California Coastal Commission and an interested party, as defined, relating to a cease and desist order or a restoration order.

(Died on Senate Inactive File)

AB 3039 (Assembly Environmental Safety And Toxic Materials Committee) Ocean use planning

Requires the Secretary of the Resources Agency and the Secretary of the California Environmental Protection Agency to report to the Legislature on suggested structural and budgetary changes needed for a coordinated coastal and marine program, with special reference to the Pew Oceans Commission report, on April 1, 2005.

(Died in Senate Appropriations Committee)

Environmental Quality

SB 391 (Florez-D) Pesticide drift exposure

Makes any person found to have violated specified provisions of the Food and Agricultural Code related to pesticides liable for uncompensated medical costs related to an illness or injury caused in a nonoccupational setting.

Chapter 913, Statutes of 2004

SB 532 (Romero-D) Environmental quality: cumulative effects

Amends the California Environmental Quality Act (CEQA) by expanding what is to be included in an Environmental Impact Report. Also includes legislative intent that promoting environmental justice must be a guiding criterion in public decisions made pursuant to CEQA.

(Died in Senate Appropriations Committee)

SB 568 (Sher-D) Environmental protection: external scientific peer reviewers

Prohibits a person from serving as a peer reviewer for the California Environmental Protection Agency and its boards, departments, and office if he/she has a financial interest that is related to the subject matter of the review. Provides that this provision applies only to a peer review initiated on or after January 1, 2004.

Vetoed by the Governor

SB 571 (Alarcon-D) Civil actions: environment: private individuals

Permits any person to maintain action for equitable relief, or intervene in any proceeding for the protection or restoration of the public health, environment, or natural resources from environmental threat, pollution, impairment, or destruction against any person who has committed any act or practice in violation of any law or regulation for the protection of the public health, environment, or natural resources. Also permits a private individual to bring a civil action against a person who deposits in the waters of this state specified substances.

(Died in Senate Judiciary Committee)

SB 647 (Sher-D) Environmental quality: notice of determination

Requires the Governor's Office of Planning and Research to retain a filed notice of determination under the California Environmental Quality Act for not less than 12 months. Also requires the local lead agency to retain a notice for 12 rather than nine months.

Chapter 525, Statutes of 2004

SB 945 (Sher-D) Environmental quality: guidelines

Consolidates and repeals obsolete provisions of the California Environmental Quality Act (CEQA) relating to CEQA guidelines, updates terminology in CEQA regarding hazardous substances, corrects cross-references, and makes other technical amendments.

Chapter 689, Statutes of 2004

SB 1350 (Morrow-R) Steam sterilization

Repeals provisions relating to a categorical exemption for treatment of medical waste by steam sterilization.

Chapter 63, Statutes of 2004

SB 1486 (Hollingsworth-R) Overpass exemption

Exempts the construction of an overpass from the California Environmental Quality Act if it is built within an easement or right-of-way controlled by a state or local transportation agency or by a city or county.

(Died in Senate Environmental Quality Committee)

SB 1636 (Battin-R) Oil refineries

Exempts from any air quality requirement adopted by the State Air Resources Board or a district a project by an oil refinery to upgrade the physical characteristics of the refinery. Also exempts from any water quality requirement adopted by the State Water Resources Control Board (SWRCB) or a regional water board any project undertaken by an oil refinery that is otherwise approved to operate in the state to upgrade the physical characteristics of the refinery and increase its refining capacity if the increase will result in the emission of the same or a lesser amount of pollutants than the maximum amount that would otherwise be allowed prior to the upgrade, as determined by the SWRCB or a regional board.

(Failed passage in Senate Environmental Quality Committee)

SB 1705 (Denham-R) Environmental quality: local agencies

Revises the California Environmental Quality Act to authorize only the appeal of the certification of an environmental impact report by a local agency's decisionmaking body, to the agency's decisionmaking body, if any, if the local lead agency's decisionmaking body is not elected.

(Died in Senate Environmental Quality Committee)

SB 1889 (Senate Environmental Quality Committee) Environmental protection

Conforms provisions of the California Environmental Quality Act (CEQA) to CEQA guidelines related to lead agency consultation with trustee agencies and uses consistent terminology regarding trustee agencies. Also extends the sunset on provisions specifically relating to residential infill projects in Oakland.

Chapter 744, Statutes of 2004

AB 204 (Nation-D) Motor vehicles: environmental impacts: mitigation

Authorizes the imposition of a fee, up to $6, on all vehicle registrations in specified Bay Area counties for environmental mitigation purposes, if approved by a majority of the board of supervisors of those counties..

(Died in Senate Transportation Committee)

AB 406 (Jackson-D) Environmental quality

Prohibits the enforcement of a confidentiality agreement that prevents disclosure of information and data on projects being reviewed pursuant to the California Environmental Quality Act.

(Died in Senate Environmental Quality Committee)

AB 502 (Canciamilla-D) Permit Streamlining Act: natural gas projects

Provides that if an applicant for a development project for natural gas exploration or production and a public agency agree in writing to expedite the permit process, the public agency may temporarily employ private entities or other persons pursuant to a contract or agreement with the public agency to perform those services or functions necessary to meet the time limits or comply with requirements or local ordinances specified in the Permit Streamlining Act.

Chapter 439, Statutes of 2004

AB 1194 (Dutra-D) Environmental quality: settlement terms

Limits the settlement terms of an action brought pursuant to the California Environmental Quality Act, as specified.

(Died in Assembly Natural Resources Committee)

AB 1317 (Parra-D) Environmental protection

Extends the Agricultural Biomass-to-Energy Incentive Grant Program, which allows local air districts to apply to the State Technology, Trade, and Commerce Agency for grants to provide incentives to facilities to burn agricultural biomass to produce energy, as specified.

(Died in Senate Environmental Quality Committee)

AB 1322 (Shirley Horton-R) Environmental quality: exception

Provides an exemption from California Environmental Quality Act requirements for a project that is consistent with a properly granted zoning variance from a general plan of a local agency for which an environmental impact report was certified.

(Died in Assembly Natural Resources Committee)

AB 2121 (Assembly Budget Committee) Water resources

Requires the State Water Resources Control Board (SWRCB) to adopt as state policy, guidelines developed by the State Department of Fish and Game and the National Oceanic and Atmospheric Administration regarding the amount of water needed in certain North Coast rivers for certain fish species. Specifies that the SWRCB adopts these guidelines as state policy in two years after the necessary environmental reviews. Requires certain water rights application information be posted on the SWRCB's web site.

Chapter 943, Statutes of 2004

AB 2485 (Chan-D) Schools: environmental and endangerment assessments

Requires any person, corporation, public utility, or governmental agency to provide a written response within 30 days to a request for information by a school board related to the safety of a proposed school site.

Chapter 578, Statutes of 2004

AB 2514 (Assembly Natural Resources Committee) California Environmental License Plate Fund

Increases, from $25 to $30, the annual renewal fee for environmental license plates.

Chapter 540, Statutes of 2004

AB 2657 (Nunez-D) Metal plating facilities

Requires the California Environmental Protection Agency to establish and coordinate an Interagency Metal Plating Task Force to conduct activities related to the regulation of the metal plating industry.

Vetoed by the Governor

AB 2701 (Runner-R) Environmental protection: reports

Establishes a process for converting reports and other documents state agencies are required to develop and disseminate from paper to electronic means and compact discs and eliminates various outdated reporting requirements and regulatory adoption requirements.

Chapter 644, Statutes of 2004

AB 2814 (Simitian-D) Natural resources: California Environmental Quality Act

Makes a clarifying amendments to a provision of the California Environmental Quality Act related to real parties in interest.

Chapter 522, Statutes of 2004

AB 2902* (Hancock-D) California Environmental Quality Act: project approvals

Prohibits, for specified significant environmental impacts, a public agency from making a finding that changes or alterations are within the responsibility and jurisdiction of another public agency and have been, or can and should be, adopted by that other agency, unless the public agency with responsibility and jurisdiction for adopting the change or alteration (1) holds a hearing and finds that the changes or alteration are within the responsibility of the public agency and (2) conducts good faith negotiations with the other public agency prior to making the finding.

(Died in Senate Environmental Quality Committee)

AB 2922 (Laird-D) California Environmental Quality Act: exemptions

Corrects a cross reference in the California Environmental Quality Act to Government Code Section 65589.5, which is the housing element provisions of the local planning and zoning law, in order to correctly refer to the definition of "housing for very low-, low-, or moderate-income households" for the purpose of urban infill projects.

Chapter 684, Statutes of 2004

AB 3034 (Yee-D) Biotechnology industry

Requires the Office of Planning and Research (OPR) to analyze state and federal standards or regulations for the construction of biotechnology manufacturing plants and identify where the state and federal standards or regulations are identical. Requires OPR to provide this analysis and the findings to the Legislature no later than January 1, 2006.

Vetoed by the Governor

AB 3090 (Jerome Horton-D) California Environmental Quality Act: ballot initiatives

Requires the Office of Planning and Research, by July 1, 2006, to recommend proposed changes, and the Secretary of the Resources Agency to certify and adopt revisions, to the guidelines required under the California Environmental Quality Act to reflect the California Supreme Court's holding in Friends of Sierra Madre v. City of Sierra Madre (2001) 25 Cal.4th 165.

Vetoed by the Governor

Forestry

SB 8* (Brulte-R) Fire prevention

Requires the State Department of Forestry and Fire Protection (DFFP) to implement a program to mitigate the threat of fires posed by dead and dying trees in state responsibility areas near or enclosed by the Angeles, San Bernardino, or Cleveland National Forest, resulting from drought conditions and pest infestation. Establishes the California Fire Prevention Task Force to provide to the DFFP advice and recommendations.

(Died in Senate Natural Resources and Wildlife Committee)

SB 217 (Sher-D) Forest resources

Imposes limitations on harvesting old growth from ancient forests.

(Died on Assembly Third Reading File)

SB 557 (Kuehl-D) Forest practices: timber products excise tax

Imposes, starting July 1, 2005, an excise tax on timber products at the rate of two cents per board foot.

(Died in Assembly Appropriations Committee)

SB 711 (Kuehl-D) Environmental quality

Subjects actions taken by the State Board of Forestry and Fire Protection for conversion of timberlands and oak woodlands to other uses to the California Environmental Quality Act, and establishes an oak woodlands conversion permit process at the State Department of Forestry and Fire Protection.

(Died in Assembly Appropriations Committee)

SB 754 (Perata-D) Heritage trees

Enacts the Heritage Tree Preservation Act, a comprehensive regulatory program within the Forest Practice Act, to protect heritage trees on private and state-owned lands.

(Died on Assembly Inactive File)

SB 1112* (Senate Budget And Fiscal Review Committee) Fire protection

Repeals the state's responsibility area fire fee, an annual fee of $35 per parcel on property owners in state responsibility areas.

Chapter 219, Statutes of 2004

A similar bill is SB 1460 (Oller-R), which died in Senate Natural Resources and Wildlife Committee.

SB 1526 (Hollingsworth-R) State Department of Forestry and Fire Protection: pilots

Requires the State Department of Forestry and Fire Protection, in cooperation with the State Office of Emergency Services, to develop, by July 1, 2005, a program to certify active duty military pilots so that they may be engaged in state firefighting operations.

Chapter 723, Statutes of 2004

SB 1648 (Chesbro-D) Forest resources

Defines management of the state's forests so as to shift the purpose of managing the forests from maximum sustainable timber production to a broad range of study, maintenance, restoration, education, recreation and public enjoyment. Makes findings specific to management of Jackson Demonstration State Forest, in Mendocino County, and creates a new advisory committee for this state forest.

Vetoed by the Governor

SB 1908 (Sher-D) Timber harvesting plans: exemptions

Adds to an existing exemption in the Forest Practices Act for the removal of trees that are within 150 feet of habitable structures situated in very high fire hazard severity zones that are serviced by local fire agencies. The existing exemption is limited to structures within state responsibility areas.

(Died at Assembly Desk)

SCR 91 (Figueroa-D) Renaming the San Lorenzo River Redwoods

Honors Senator Byron Sher by requesting that the State Department of Parks and Recreation rename the San Lorenzo River Redwoods the Byron Sher Redwoods.

Resolution Chapter 184, Statutes of 2004

AB 764 (Nation-D) Natural resources: timber harvesting

Requires both the federal Environmental Protection Agency (EPA) and the State Water Resources Control Board (SWRCB) to provide certification for timber operations seeking an exemption from specified waste discharge requirements, requires the timber operations to be conducted in a manner that complies with the applicable regional water quality control plan, provides that the federal EPA, the SWRCB, and the appropriate California regional water quality control board have authority to determine timber harvest plan conformance for purposes of determining exemption from specified waste discharge requirements, provides that if a watercourse has been classified as impaired due to sediment, a timber harvesting plan shall not be approved in that watershed unless the appropriate regional water quality control board has made a specified certification and requires that the provisions of the Forest Practice Act be employed by the director of the State Board of Forestry and Fire Protection in the review of timber harvesting plans.

(Died in Assembly Natural Resources Committee)

AB 1823 (Wyland-R) Fire emergency

Requires the State Department of Forestry and Fire Protection to make immediate use of federal aid, in the event of a significant fire emergency.

(Died in Assembly Natural Resources Committee)

AB 1924 (Bogh-R) Fire prevention: penalties

Increases the minimum fine from $50 to $100 and the maximum fine from $1,000 to $2,000 for any person convicted of entering upon any land which has been closed to the public by Governor's proclamation due to conditions tending to cause or allow the rapid spread of fire. Increases the maximum fine for a first-time conviction for violating flammable waste restrictions at solid waste facilities fine from $250 to $500. Also increases the minimum fine for a second or subsequent conviction within five years from $250 to $500, and increases the maximum fine from $1,000 to $2,000.

Chapter 90, Statutes of 2004

AB 2047 (Dutton-R) Fire prevention: federal funding

Authorizes the State Department of Forestry and Fire Protection to help local communities in or near state responsibility areas obtain federal funds to aid with fire prevention activities in those communities.

(Died on Assembly Inactive File)

AB 2381 (La Suer-R) Fire protection

Allows a person who owns property on state land to create a firebreak of 300 feet around any structure on his/her property.

(Died in Assembly Natural Resources Committee)

AB 2420* (La Malfa-R) Forest resources

Creates a timber harvest plan exemption for specified activities related to fuel reduction and timber thinning activities that are intended to reduce the threat of wildfire and to lessen the intensity of wildfires in areas that are covered under this exemption.

Chapter 712, Statutes of 2004

AB 2658 (Keene-R) Timber harvesting plan

Revises the time frame by which the State Board of Forestry and Fire Protection is required to make a determination as to whether or not the intent of the Z'Berg-Nejedly Forest Practice Act has been provided for in the rules and regulations for each forest district.

(Died in Assembly Natural Resources Committee)

AB 2762 (Keene-R) Natural resources: forest practices

Creates the conservation timber management plan for medium timberland averages and the planning watershed timber harvesting plan for large timberland acreages, and excludes timber harvesting on certain very small parcels from the requirement to prepare a timber harvesting plan.

(Failed passage in Assembly Natural Resources Committee)

AB 2810 (Canciamilla-D) Forest resources: penalties and fines: report

Requires the State Department of Forestry and Fire Protection to document, in its annual report to the Legislature on forest practice enforcement, the amount of penalties and fines that have been imposed but not yet collected or adjudicated. Further provides that expenses include costs to impose a lien on real property and costs associated with civil actions to recover administrative costs.

Vetoed by the Governor

AB 2911 (Bogh-R) State Department of Forestry and Fire Protection

Changes the name of the State Department of Forestry and Fire Protection to the State Department of Fire Protection and Forestry and authorizes the newly named department to be referred to, where appropriate, as "CAL-FIRE."

(Died in Assembly Natural Resources Committee)

AB 2994 (Frommer-D) Public contracts: preferences: forest products

Establishes a purchasing preference for state agencies to purchase timber products harvested in California.

Vetoed by the Governor

ACR 191 (Leno-D) Firefighters

Honors the firefighters of the State Department of Corrections, the State Department of the Youth Authority and the staff of the State Department of Forestry and Fire Protection for their efforts during the "Fire Sieges of 2003."

Resolution Chapter 56, Statutes of 2004

Endangered Species

SB 657 (Florez-D) Fully protected species

Upon the appropriation of necessary funds, requires the State Department of Fish and Game (DFG) and the State Fish and Game Commission to develop a comprehensive program to prepare and adopt recovery strategies for all species that are listed as threatened or endangered species under the California Endangered Species Act. Also requires the DFG to maintain within the Fish and Game Preservation Fund a Species Conservation, Enhancement, and Recovery Account for expenditure for the recovery strategies program and projects of significant consideration benefit to threatened or endangered species. Appropriates an unspecified sum to this account from the Endangered and Rare Fish, Wildlife, and Plant Species Conservation and Enhancement Account.

(Died in Senate Natural Resources and Wildlife Committee)

SB 737 (Aanestad-R) Endangered species: designation: economic or social impacts

Amends the California Endangered Species Act to require that decisions to list a species as either threatened or endangered shall consider social and economic effects.

(Died in Senate Natural Resources and Wildlife Committee)

SB 1207 (Hollingsworth-R) Protected animals

Removes the protection afforded to several of the species listed in Section 653(o) of the Penal Code by stating only products made from species that are "endangered" may be prohibited from importation into the state.

(Died in Senate Natural Resources and Wildlife Committee)

SB 1512 (Aanestad-R) Endangered species: incidental take permits

Authorizes "master incidental take permits" to be issued to local governments by the State Department of Fish and Game (DFG). Local landowners would apply to DFG in order to become parties to the master incidental take permit.

Also allows DFG to extend any regulations issued by the State Fish and Game Commission that allows the taking of candidate species or the taking of fish that are listed as endangered, threatened, or candidate species.

(Died in Senate Natural Resources and Wildlife Committee)

AB 1331 (Wesson-D) Endangered species: crimes

Provides that prohibition on the importation of products made from kangaroos shall no longer be in effect once the Director of the State Department of Fish and Game receives satisfactory proof that certain measures have been adopted by the appropriate authorities of the Australian government.

(Died in Senate Natural Resources and Wildlife Committee)

AB 2915 (Firebaugh-D) Endangered species: crimes

Relaxes the state ban on the commercial import of dead kangaroos (or their parts) by only prohibiting importation of kangaroo species listed under the California Endangered Species Act, the Federal Endangered Species Act or the Convention on International Trade in Endangered Species of Wild Fauna and Floral.

(Failed passage in Senate Natural Resources and Wildlife Committee)

Solid Waste Management

SB 50* (Sher-D) Hazardous electronic waste

Makes a number of clarifying changes to the Electronic Waste Recycling Act of 2003.

Chapter 863, Statutes of 2004

SB 204 (Perata-D) Solid waste: personal care products: recycling

Makes a manufacturer of personal care products whose products are sold in the state responsible for the stewardship of those products. Provides that the responsibility for stewardship is met when a manufacturer provides for the diversion from landfill disposal and recycling of the personal care products sold by establishing a specified program. Defines a "personal care product" to mean a disposable product composed of plastic and paper materials that is worn by a person of any age for the purpose of capturing human waste.

(Died in Senate Environmental Quality Committee)

SB 517 (Karnette-D) Rigid plastic packaging containers

Includes, under the California Integrated Waste Management Act, as a permitted criteria, that the container be made of biodegradable plastic, and defines that term.

(Died in Senate Environmental Quality Committee)

SB 531 (Romero-D) Solid waste disposal: integrated waste management

Allows a city, county, city and county, or certified unified program agency to inspect solid waste landfills within its jurisdiction without notice.

(Died in Senate Environmental Quality Committee)

SB 645 (Sher-D) Plastic trash bags

Requires the California Integrated Waste Management Board to post on its Internet web site a list of any suppliers, manufacturers or wholesalers who fail to comply with plastic trash bag requirements.

Vetoed by the Governor

SB 646 (Sher-D) Solid waste report

Requires a city, county, or regional agency, by August 1, 2004, to include in its annual report to the California Integrated Waste Management Board summarizing progress in reducing solid waste, a statement as to whether the entity adopted an ordinance or the model ordinance is in effect, and to include a copy of the ordinance.

Vetoed by the Governor

SB 983 (Alarcon-D) Siting elements: environmental justice

Corrects a requirement for a countywide siting element under the California Integrated Waste Management Act so it is clear the capacity estimate references solid wastes generated within the county. Requires the Secretary for the State Environmental Protection Agency to report on implementation of the law to be submitted on or before March 1, 2004, and every three years thereafter by January 1.

(Died in Assembly Natural Resources Committee)

SB 1078 (Chesbro-D) Disposal fees: solid waste collection vehicles: emissions

Establishes a temporary fee on solid waste collection vehicle operators for the purpose of funding compliance with the best available control technology requirements adopted by the State Air Resources Board to reduce diesel particulate matter emissions from solid waste collection vehicles.

(Died in Assembly Transportation Committee)

SB 1180 (Figueroa-D) Mercury lamp recycling

Imposes, until January 1, 2010, fees on manufacturers and distributors of fluorescent lamps and other lamps containing mercury to fund programs administered by the State Department of Toxic and Substances Control and the California Integrated Waste Management Board intended to reduce the volume of mercury released into the environment.

(Died in Assembly Appropriations Committee)

SB 1297* (Brulte-R) Sales and use taxes: exclusions: beverage containers

Exempts the California Redemption Value levied on nonrefillable beverage containers from sales and use tax.

(Failed passage in Senate Revenue and Taxation Committee)

SB 1362 (Figueroa-D) Household hypodermic needles, syringes, and lancets

Allows a household hazardous waste collection facility to operate as a home-generated sharps consolidation point if certain conditions are met. Also allows a city or county household hazardous waste element to collect, treat, and dispose of household sharps.

Chapter 157, Statutes of 2004

SB 1729 (Chesbro-D) Plastic containers: recycling

Makes various changes in the current rigid plastic packaging container recycling rate calculation.

Chapter 561, Statutes of 2004

SB 1749 (Karnette-D) Plastic bags: labeling

Prohibits the sale of plastic bags within the state which are labeled "compostable" or "degradable" or biodegradable" unless the bags conform to the standards set by the American Society for Testing and Materials.

Chapter 619, Statutes of 2004

SB 1884 (Senate Environmental Quality Committee) Definitions: diversion: penalties

Corrects a misspelling of the definition of "compost" and repeals an obsolete uncodified provision of the California Integrated Waste Management Act of 1987 enacted by SB 452 (Senate Budget and Fiscal Review Committee).

(Died at Assembly Desk)

SB 1886 (Senate Environmental Quality Committee) Incorporated cities

Clarifies certain provisions of the California Integrated Waste Management Act of 1989. Under the act, the term "city" is used and refers to a city that is incorporated. However, the reference to an "incorporated city" is used in three sections of the act. To avoid confusion regarding other references to city in the act, this bill strikes "incorporated" in the above three sections.

(Died on Assembly Third Reading File)

SB 1890 (Senate Environmental Quality Committee) Integrated Waste Management Board: reporting requirement

On or before December 1, 2005, requires the California Integrated Waste Management Board, in consultation with the State Department of Conservation and the State Department of Toxic Substances Control, to prepare and submit to the Legislature a report that identifies any duplication or overlap of programs administered and funded by those agencies.

(Died in Assembly Appropriations Committee)

AB 240 (Reyes-D) Solid waste facilities: regulations: enforcement

Prohibits the California Integrated Waste Management Board from adopting any regulation that exempts a construction and demolition processing facility based on the number of tons of solid waste per day accepted by the facility. Also provides that an owner or operator of a construction or demolition processing facility is liable for taking corrective action if the owner or operator is found in violation of the facility's permit or a catastrophic emergency has directly resulted from the operations of the facility.

(Died in Assembly Natural Resources Committee)

AB 338 (Levine-D) Recycling: crumb rubber

Requires the State Department of Transportation to use asphalt containing crumb rubber for specified projects that use asphalt as a construction materials.

Vetoed by the Governor

AB 501 (Cogdill-R) Solid waste: grants

Specifies that the programs to which the California Integrated Waste Management Board may make grants to help prevent the disposal of hazardous waste at solid waste disposal sites include programs that maintain existing programs in rural cities and counties. Adds to the types of programs to which the board is required to give priority, those programs that continue existing programs serving rural areas, underserved areas, and small cities. Also requires at least 20 percent of the total annual amount of grants made for these programs to be distributed, noncompetitively, to rural counties and cities as block grants.

(Died in Assembly Natural Resources Committee)

AB 586 (Koretz-D) Litter and marine debris: tobacco-related waste

Requires a $0.02 fee on all disposable bags and disposable cups that contain less than 40 percent postconsumer recycled content. Provides funds to the various state agencies, departments, boards and commissions as well as grant programs to local governments and nonprofit organizations, to establish and maintain local programs that provide for the cleanup and recycling of litter and marine debris. Also prohibits ashtrays for use on premises where smoking is prohibited by law unless the ashtray is provided in an area where smoking is not prohibited.

(Died in Assembly Natural Resources Committee)

AB 734 (Montanez-D) Large venue recycling programs

Requires each local agency to adopt an ordinance by January 1, 2006, that requires large venue facilities to perform solid waste audits and develop solid waste diversion plans. Allows a local agency or private entity to apply for a grant with the State Department of Conservation to implement large venue recycling at large venue facilities. Also revises the definition of "handling fee" under the California Beverage Container Recycling and Litter Reduction Act to include payments for redeemed containers made to operators of large venues and certified large events.

(Died in Assembly Natural Resources Committee)

AB 1174 (Leslie-R) Sacramento Regional County Solid Waste Authority

Enacts the Sacramento Regional County Solid Waste Authority Act and authorizes the authority to expend the revenue derived from the fee imposed upon a commercial solid waste hauler and collected by the authority only to oversee, manage, and enforce the authority's nonexclusive commercial franchise system and to offset those reasonable and necessary regional costs that are incurred by the authority.

(Died in Assembly Natural Resources Committee)

AB 1427 (Maddox-R) Biosolids: study

Requires the California Environmental Protection Agency to conduct a study on the feasibility of statewide policy on biosolids treatment, disposal and recycling.

(Died in Senate Appropriations Committee)

AB 1466 (Koretz-D) Rigid plastic packaging container

Authorizes state agencies to adopt "Don't Trash California" (and the equivalent Spanish phrase) as their state unified litter prevention and recycling message and moves code sections, relating to litter receptacles, from the Government Code to the Public Resources Code.

Vetoed in the Governor

AB 1599 (Harman-R) Beverage containers

Requires the State Department of Conservation to (1) establish a pilot program using supermarket sites that use both reverse vending machines and staffed recycling centers to determine whether or not these recycling centers increase recycling rates and provide greater convenience and ease for use of consumers, and (2) report to the Governor and Legislature by July 1, 2006 on the effectiveness of the pilot program and make recommendations. Is contingent upon SB 23 (Sher-D) being enacted and becoming effective.

(Died at Assembly Desk)

AB 1873 (Hancock-D) Recycling market development

Extends the sunset date on the Recycling Market Development Zone Program within the California Integrated Waste Management Board five years to July 1, 2011.

Chapter 500, Statutes of 2004

AB 2159 (Reyes-D) Integrated waste management: solid waste facilities

Makes changes to the existing appeal process for solid waste facility enforcement actions by the California Integrated Waste Management Board and its enforcement agencies.

Chapter 448, Statutes of 2004

AB 2166 (Hancock-D) Recycling: compact discs and digital versatile discs

Prohibits the distribution of compact discs (CDs) and digital versatile discs (DVDs), including disposable CDs and DVDs, from being mass mailed to households unless they are accompanied by a postage paid return mailing envelope or other cost-free mechanism for the recipient to return the CD or DVD.

(Failed passage in Assembly Arts, Entertainment, Sports, Tourism, and Internet Media Committee)

AB 2176 (Montanez-D) Large venue and large event recycling programs

Requires the California Integrated Waste Management Board to provide model ordinances, collect and evaluate data from local governments regarding large venue and large events, and provide recommendations to the Legislature to assist with higher levels of waste diversion for large events and large venues in California.

Chapter 879, Statutes of 2004

AB 2396 (Wiggins-D) Waste tire program

Reprises and clarifies matters relating to use of monies from the California Tire Recycling Management Fund.

(Died in Assembly Natural Resources Committee)

AB 2506 (Maldonado-R) Community services districts: wastewater disposal

Authorizes the Board of Directors of the Los Osos Community Services District to establish, by resolution, a wastewater treatment program for an onsite sewage disposal system.

(Died in Senate Environmental Quality Committee)

AB 2633 (Frommer-D) Grease: solid waste

Establishes the Interceptor Grease Transportation, Recycling and Disposal Act for the management and disposal of grease.

Vetoed by the Governor

AB 2657 (Nunez-D) Metal plating facilities

Requires the California Environmental Protection Agency to establish and coordinate an Interagency Metal Plating Task Force to conduct activities related to the regulation of the metal plating industry.

Vetoed by the Governor

AB 2672 (Simitian-D) Large passenger vessels: sewage

Prohibits cruise ships from releasing sewage into the state's marine waters, potentially subject to federal approval by the State Water Resources Control Board application to allow the prohibition.

Chapter 764, Statutes of 2004

AB 2826 (Canciamilla-D) Landfills

Requires a state agency that proposes to prohibit a substance from being disposed of at a solid waste landfill to identify the infrastructure necessary to ensure that the substance is treated in the safest manner possible.

(Died in Assembly Natural Resources Committee)

AB 2901 (Pavley-D) Cell phones: recycling

Enacts the Cell Phone Recycling Act of 2004 and requires all retailers of cell phones to have in place, by July 1, 2006, a system for the accepting and collection of used cell phones for reuse, recycling or proper disposal.

Chapter 891, Statutes of 2004

Toxics/Hazardous Waste

SB 13 (Romero-D) Radiation Safety Act of 2003

Enacts the Radiation Safety Act of 2003 and prohibits the disposal of radioactive waste at specified facilities.

(Died in Senate Appropriations Committee)

SB 201 (Romero-D) Radioactive materials: transfer of authority

Transfers all of the State Department of Health Service's ionizing radiation functions to the State Department of Toxic Substances Control, and requires that future cleanups of sites contaminated by radioactivity in California meet United States Environmental Protection Agency standards.

(Died in Senate Appropriations Committee)

SB 202 (Romero-D) Wood waste: preservatives

Repeals the exemption for wood waste under hazardous waste control laws and instead prohibits any person, on or after January 1, 2005, from using chromated copper arsenate (CCA) or pentachlorophenol (penta) to treat wood products or manufacturing a wood product treated with those substances. Provides, on and after January 1, 2005, that wood waste containing any measurable level of CCA or penta is a hazardous waste. Authorizes a person to dispose of wood waste in accordance with regulations adopted by the State Department of Toxic Substances Control.

(Died In Senate Environmental Quality Committee)

SB 203* (Romero-D) Taxes: brownfield cleanup credit

Authorizes a credit against personal income taxes and corporation taxes for a qualified brownfield property owner for each taxable year beginning on or after January 1, 2003, and before January 1, 2013, in an amount equal to an unspecified percentage of the costs paid or incurred to clean up a polluted "brownfield" property to a satisfactory level, as evidenced by a "written certification of completion."

(Died in Senate Environmental Quality Committee)

SB 208 (Kuehl-D) Radiation: contamination

Requires the owner of any parcel of land at the Santa Susana Field Laboratory (the site of a nuclear reactor meltdown in the 1950's) to properly monitor the parcel for residual radioactive materials, not to sell, transfer or lease the parcel without remediation of radioactive contamination, and properly dispose any materials containing low-level radioactive wastes at a facility expressly licensed to accept those wastes.

(Died in Senate Appropriations Committee)

SB 415 (Kuehl-D) Real property: radioactive contamination: disclosure

Requires a person or entity that sells, leases, subleases, or otherwise transfers radioactive contaminated property to provide the transferee prior to the transfer with written disclosure of the specific increased risk of cancer to which residents of the contaminated property would be exposed.

(Died in Senate Environmental Quality Committee)

SB 419 (Scott-D) Medical waste: containment

Allows the consolidation of biohazardous waste and sharps waste into a common container, provided that the consolidated waste is treated by an extremely high heat technology (in excess of 1300 degrees Fahrenheit) approved by the State Department of Health Services (DHS) that results in the destruction of pathogenic micro-organisms. Additionally, requires the container to be labeled with the words "HIGH HEAT ONLY" or other label approved by DHS to ensure treatment of the biohazardous waste with high heat technology.

Chapter 477, Statutes of 2004

SB 493 (Cedillo-D) Hazardous materials: liability

Transfers $25 million from the Toxic Substances Control Account to the Cleanup Loans and Environmental Assistance to Neighborhoods Account to fund loans provided by the State Department of Toxic Substances Control for assessment and cleanup related activities at brownfields and other underutilized urban properties.

(Died in Assembly Appropriations Committee)

SB 511 (Figueroa-D) Mercury lamp recycling

Enacts the California Mercury Lamp Recycling Act of 2004 to require mercury from fluorescent lamps to be recycled or disposed of as a hazardous waste.

(Died in Senate Appropriations Committee)

SB 559 (Ortiz-D) Brownfields response units

Creates a pilot project for streamlining the interactions between local public agencies and the State Department of Toxic Substances Control or the State Water Resources Control Board on brownfield cleanup and redevelopment.

Vetoed by the Governor

SB 747 (Romero-D) Underground storage tanks

Repeals the provisions in current law which impose various monitoring, replacement, and upgrading requirements with regard to an underground storage tank installed on or before January 1, 1984, and used for the storage of hazardous substances.

(Died in Senate Environmental Quality Committee)

SB 805 (Escutia-D) Hazardous substances: brownfields

Expands the application of the California Land Environmental Restoration and Reuse Act at a site that is larger than five acres of contiguous property, under the same ownership.

Chapter 717, Statutes of 2004

SB 942 (Sher-D) Hazardous waste: report

Requires the State Department of Toxic Substances Control to include, in its biennial report to the Legislature on hazardous waste, information on the total estimated volume of water containing hazardous waste that is discharged into publicly-owned treatment works, along with the types and major sources of these hazardous wastes.

(Died on Assembly Inactive File)

SB 1168 (Ortiz-D) Healthy Californians Biomonitoring Program

Establishes the Healthy Californians Biomonitoring Program, to be administered jointly by the Division of Environmental and Occupational Disease Control within the State Department of Health Services and the Office of Environmental Health Hazard Assessment within the California Environmental Protection Agency.

(Died in Assembly Health Committee)

SB 1180 (Figueroa-D) Mercury lamp recycling

Imposes, until January 1, 2010, fees on manufacturers and distributors of fluorescent lamps and other lamps containing mercury to fund programs administered by the State Department of Toxic Substances Control and the California Integrated Waste Management Board intended to reduce the volume of mercury released into the environment.

(Died in Assembly Appropriations Committee)

SB 1224 (Ortiz-D) Hazardous waste: school facilities

Requires school districts to contact the State Department of Toxic Substances Control (DTSC) if a potential health risk caused by a hazardous material is discovered, allows DTSC to oversee, review and approve a site investigation and remediation for such a risk, and allows deferred maintenance funding to be used for the investigation, mitigation, and removal of hazardous materials.

(Died in Senate Education Committee)

SB 1480 (Sher-D) Harbors and navigation: tugboat escorts

Authorizes the adoption of regulations governing tugboat escorts for vessels, carrying hazardous materials when entering, leaving, or navigating in the harbors of California.

Vetoed by the Governor

SB 1690 (Poochigian-R) Hazardous materials liability

Revises the definition of "lender" under the Health and Safety Code to include any water district, as defined, that has the power to assess property within the district and to enforce the assessment by a lien on real property. Revises the definition of "loan or obligation" to include an obligation to pay an assessment to any water district, as defined. Provides that exemption from liability applies if the property was acquired by the lender through foreclosure or its equivalent or property that was acquired through a collector's deed taken by a water district, as defined. Excludes, from immunity provisions, a person who purchases the property as a foreclosure sale or its equivalent.

(Died in Senate Judiciary Committee)

SB 1722 (Ducheny-D) Proposition 65: enforcement: judgments

Provides that the doctrine of res judicata, an affirmative defense that bars the same parties (or parties in privity) from litigating a second lawsuit on the same claim, applies to private actions brought to enforce Proposition 65. Provides that the court considering whether to apply res judicata, based on an earlier court decision, is required to also determine whether the judgment in the first action was fair, reasonable, and adequate, as opponents appear to reasonably suggest.

(Failed passage in Assembly Judiciary Committee)

SB 1742 (McPherson-R) Oil spills

Creates the Environmental Enhancement Grant Program under the Office of Oil Spill Response and Prevention (OSRP), expands the programmatic and geographic jurisdictions of harbor safety committees, authorized by OSRP to operate in the ship channels to the Ports of Sacramento and Stockton, deletes obsolete provisions, and cleans up and clarifies various other provisions of the state's oil spill prevention and response laws.

Chapter 796, Statutes of 2004

SB 1887 (Sher-D) Hazardous substances: removal or remedial actions

Authorizes the State Department of Toxic Substances Control, to the extent that funding is provided by the Legislature, federal grant funds, or other sources, to establish and implement a site assessment grant program for the purposes of funding response action plans.

(Died in Assembly Appropriations Committee)

AB 387 (Aghazarian-R) Hazardous materials: farms: business plans

Exempts farmers with small amounts of certain hazardous materials on the farm from provisions that require businesses handling hazardous materials to implement an emergency plan to respond to a release or threatened release of any of those materials.

(Died in Senate Environmental Quality Committee)

AB 389 (Montanez-D) Hazardous substances

Enacts the California Land Reuse and Revitalization Act of 2004 (Act), which provides that an innocent landowner, a bona fide purchaser, or a contiguous property owner qualifies for immunity from liability for response cost or damage claims under state statutory and common laws that impose liability upon an owner or occupant of property, for pollution conditions caused by a release or threatened release of a hazardous material on, under, or adjacent to that property, if the innocent purchaser, bona fide purchaser, or contiguous property owner meets specified conditions (qualifying property owner). Requires the web sites of the California Environmental Protection Agency, the State Department of Toxic Substances Control, the State Water Resources Control Board, and the regional water quality control boards to be expanded to allow access to information about brownfields and other cleanup sites through a single web site portal.

Chapter 705, Statutes of 2004

AB 575 (Dutra-D) Motor carriers: transporting hazardous materials

Requires all California registered commercial vehicles engaged in the transportation of flammable and combustible liquids in cargo trucks to be equipped with specified devices to disable and locate the vehicle.

(Died in Senate Transportation Committee)

AB 623 (Lieber-D) Hazardous chemicals: discharge: warnings

Prohibits a person from discharging or releasing, in the course of doing business, a chemical known to the state to cause cancer or reproductive toxicity into water or onto land where the chemical passes or is likely to pass into any source of drinking water, except as specified. In addition, prohibits a person from exposing any individual, in the course of doing business, to a chemical known to the state to cause cancer or reproductive toxicity without first providing clear and reasonable warning to the individual, except as specified.

(Died in Assembly Environmental Safety and Toxic Materials Committee)

AB 659 (Jackson-D) Radioactive waste

Establishes a process for regulating the transportation of high-level radioactive waste and spent nuclear fuel and for insuring more effective and safe response to fires and other emergencies involving these wastes.

(Died in Assembly Appropriations Committee)

AB 698 (Lieber-D) Perchloroethelyne: claims: liability

Establishes a funding and financial assistance structure at the State Water Resources Control Board for the cleanup of perchloroethelyne contamination generated from drycleaners.

(Died in Assembly Appropriations Committee)

AB 901* (Jackson-D) Hazardous electronic waste

Extends the date on which retailers are required to begin collecting electronic waste fees from consumers.

Chapter 84, Statutes of 2004

AB 1068* (Liu-D) Petroleum underground storage tanks: loans

Extends the sunset date for the Repair and Replacement of Underground Storage Tanks loan program operated by the State Technology Trade and Commerce Agency (TTCA) from January 1, 2004 to January 1, 2011. Also moves the program from under the TTCA to the State Water Resources Control Board (SWRCB). Transfers $8 million from the Underground Storage Tank Cleanup Fund to the Petroleum Underground Storage Tank Financing Account and appropriates that amount to the SWRCB for loans and grants under the program. Stipulates that in the 2004-05 fiscal year the SWRCB shall not spend more than $5 million for grants.

Chapter 624, Statutes of 2004

AB 1176 (Campbell-R) Proposition 65: enforcement

Under the Safe Drinking Water and Toxic Enforcement Act of 1986 (Proposition 65), requires the court to make a finding that a settlement is fair, reasonable, and in the public interest. Requires the State Attorney General to make the terms of the proposed settlement publicly available and allows any person with an interest in the proposed settlement to intervene in the motion to approve a settlement. Also prohibits a person from filing an action in the public interest or bringing an action that alleges a violation of the act if the defendant has previously entered into a settlement or judgment and the person filing or bringing the action alleges the same violation of the act that was settled or adjudicated.

(Died in Assembly Environmental Safety and Toxic Materials Committee)

AB 1246 (Aghazarian-R) Administrative penalties: analysis

Requires the State Department of Toxic Substances Control or local officer or agency to provide, upon the request of the operator of a facility, a copy of a specified analysis of any proposed administrative penalty in a meeting held with the operator regarding an inspection report. Requires the department or officer or agency to meet and confer with the operator, upon the request, regarding entering into a settlement before issuing any order or filing any judicial action that imposes an administrative or civil penalty.

(Died in Assembly Environmental Safety and Toxic Materials Committee)

AB 1255 (Levine-D) Mercury: report

Requires the State Department of Toxic Substances Control to include additional information in a report on mercury-containing vehicle light switches already due to the appropriate policy and fiscal committees of the Legislature by January 1, 2004.

(Died in Senate Environmental Quality Committee)

AB 1353 (Matthews-D) Treated wood waste: disposal

Requires treated wood to be disposed of in a Class I hazardous waste landfill or a composite-lined portion of a solid waste landfill unit (Class II or Class III), and specifies requirements for the generation and management of treated wood waste.

Chapter 597, Statutes of 2004

AB 1369 (Pavley-D) Mercury-added thermostats

Provides for the phase-out of the use of mercury-added thermostats used to sense and control temperatures.

Chapter 626, Statutes of 2004

AB 1380 (Pacheco-R) Proposition 65: enforcement

Makes various changes to the Safe Drinking Water and Toxic Enforcement Act of 1986 (Proposition 65) to further the purposes of the act, including provisions relating to notice requirements, court findings, civil penalty award, attorney fees, enforcement actions and warning requirement exemptions.

(Died in Assembly Environmental Safety and Toxic Materials Committee)

AB 1408 (Wolk-D) Oil discharges: hazardous liquid pipelines

Requires a party responsible for the discharge or threatened discharge of oil to marine waters to report the discharge immediately to the Office of Emergency Services. Requires the State Fire Marshal to include in its fifth year report identifying pipeline leak incident rate trends and reviewing regulatory effectiveness, an assessment of the condition of each pipeline.

Chapter 563, Statutes of 2004

AB 1447 (Matthews-D) Proposition 65: enforcement

Authorizes a person who receives, from a person bringing an action in the public interest, a notice alleging a violation of the warning requirements of the Safe Drinking Water and Toxic Enforcement Act (Proposition 65) to serve a written offer, including a declaration under penalty of perjury, to enter into a resolution of the notice's allegations, before the enforcement action is commenced. Prohibits a person who brings an action in the public interest from receiving an award of civil penalties if the written offer includes a specified declaration and the person serving the written offer agrees to provide a clear and reasonable warning or eliminate or reduce the alleged exposure. Also prohibits a person bringing an action in the public interest from receiving attorney's fees, as specified. Deems as frivolous, an unreasonable rejection of a written offer and the continued prosecution of an enforcement action.

(Died in Assembly Judiciary Committee)

AB 1500 (Diaz-D) Petroleum pollution cleanup and prevention

Assesses a $1 fee for each barrel of crude oil received at a refinery within the state.

(Died in Assembly Transportation Committee)

AB 1607 (Keene-R) Hazardous substances: illegal methamphetamine laboratories

Requires law enforcement, when it finds a property where methamphetamine has been illegally manufactured, to contact the appropriate county health department who would then identify the property owner and send a certificate of nuisance to the owner. Requires an owner that receives a certificate of nuisance to hire an industrial hygienist, at the owner's own expense, to perform an environmental assessment. Requires the department to take corrective action, if the department determines a property owner is not in compliance with the requirements imposed by the bill.

(Died in Assembly Environmental Safety and Toxic Materials Committee)

AB 1691 (Montanez-D) Asbestos waste

Specifies that prohibitions on the disposal of hazardous waste do not apply to authorization to dispose of waste containing asbestos.

(Died in Assembly Environmental Safety and Toxic Materials Committee)

AB 1699 (Laird-D) Mercury

Enacts the Mercury Recycling Enhancement Act of 2003 and prohibits any person, after January 1, 2004, from disposing, or attempting to dispose of, a fluorescent lamp at a solid waste facility, as specified. Requires, commencing January 1, 2004, every retail purchaser who purchases a fluorescent lamp from a retail seller to pay a fluorescent lamp recycling fee of five cents for each fluorescent lamp purchased in this state. Specifies that the funds collected would be expended to assist household hazardous waste facilities and collectors to facilitate fluorescent lamp recycling, to fund consumer education, to provide matching grant funds to local governments to assist in the collection and processing of fluorescent lamps as a universal waste, and to provide recycling incentive payments to fluorescent lamp recyclers.

(Died in Senate Appropriations Committee)

AB 1906 (Lowenthal-D) Petroleum: underground storage tanks: cleanup

Increases the petroleum storage fee from $0.012 per gallon to $0.013 per gallon beginning January 1, 2005, and to $0.014 per gallon beginning January 1, 2006. Also establishes the Underground Storage Tank Petroleum Contamination Orphan Site Cleanup Subaccount and requires $10 million to be annually transferred from the Underground Storage Tank Cleanup Fund into the account for calendar years 2005-07 for costs to remediate petroleum contamination at specified sites.

Chapter 774, Statutes of 2004

AB 1940 (Chan-D) Hazardous chemicals: testing methods

Requires high production volume chemical manufacturers to provide the California Environmental Protection Agency with test methods designed to detect accumulative exposure to these chemicals and to detect specific chemicals in a specified medium such as air, water, soil, and the human body.

(Died on Assembly Inactive File)

AB 1942 (Lowenthal-D) Hazardous waste facilities permits: financial assurances

Authorizes the owner or operator of a permitted facility to the extent consistent with the Federal Resource Conservation and Recovery Act of 1976 (RCRA) and the regulations adopted pursuant to RCRA, to change the facility structures or equipment utilizing the Class 1 permit modification specified in the regulations adopted by the State Department of Toxic Substances Control, if the department makes certain determinations. Requires, if a facility is required to obtain a permit under RCRA, the financial assurance required would be a trust fund, surety bond, letter of credit, insurance or other mechanism authorized under RCRA, and if the facility is not required to obtain a permit under RCRA, the financial assurance could include any other equivalent financial arrangement acceptable to the department.

(Died in Senate Environmental Quality Committee)

AB 2021 (Chu-D) Hazardous waste: toxics

Revises California's Toxics in Packaging Prevention Act (TPPA). Modifies the process by which a manufacturer or supplier can qualify a package for one of the existing exemptions from the toxic metal limitations specified in the TPPA. Also contains numerous cleanup amendments to the TPPA.

Chapter 445, Statutes of 2004

AB 2040 (La Suer-R) Vehicles: hazardous materials endorsement

Requires compliance with federal credentialing and background checks in order to qualify for issuance of hazardous materials endorsements.

Chapter 801, Statutes of 2004

AB 2093 (Nakano-D) Large passenger vessels: graywater

Prohibits the discharge of graywater from cruise ships while in California waters (within three miles of shore).

Chapter 710, Statutes of 2004

AB 2251 (Lowenthal-D) Hazardous waste facilities permits: financial assurances

Makes changes to the permit process and operational requirements for facilities that handle hazardous waste.

Chapter 779, Statutes of 2004

AB 2254 (Aghazarian-R) Used oil filters: management

To the extent consistent with the federal Resource Conservation and Recovery Act of 1976, authorizes filters that contain a residue of gasoline or diesel fuel, to be managed in accordance with the requirements of the State Department of Toxic Substances Control's (DTSC) regulations governing the management of used oil filters, unless DTSC adopts regulations with regard to those filters that contain residues. Requires management of filters that contain a residue of gasoline, and commingled filters that include filters that contain residue of gasoline, to meet additional specified requirements.

Chapter 240, Statutes of 2004

AB 2277 (Dymally-D) Hazardous waste

On and after January 1, 2006, prohibits a person other than a certified appliance recycler from either (1) removing materials that require special handling from major appliances, or (2) transporting, delivering, or selling discarded major appliances to a scrap recycling facility, except as specified.

Chapter 880, Statutes of 2004

AB 2379 (Campbell-R) Proposition 65: enforcement: judgments

Prohibits a person from bringing an action in the public interest if the defendant has previously been a party to a final judgment in another action brought pursuant to the Safe Drinking Water and Enforcement Act (Proposition 65) and the person bringing the action alleges the same violation of the act that was adjudicated.

(Died in Assembly Environmental Safety and Toxic Materials Committee)

AB 2388 (Lowenthal-D) Harbor safety committees

Requires the administrator of the Office of Oil Spill Prevention and Response to appoint to the Harbor Safety Committee for Los Angeles/Long Beach an additional member who would be a designee of the recognized employee organization that represents the nonmanagement pilots in the Port of Los Angeles.

Vetoed by the Governor

AB 2451 (Firebaugh-D) Candy: lead contamination

Gives the State Department of Health Services (DHS) jurisdiction over the regulation of candy, to ensure that the candy contains safe levels of lead. Establishes a state standard for lead in candy containing chili or tamarind fruit at .2 parts per million. Requires DHS to test candy containing chili or tamarind fruit, and remove from retail shelves any candy found to have lead levels above the state standard.

(Died on Assembly Inactive File)

AB 2465 (Assembly Environmental Safety And Toxic Materials Committee) Hazardous waste

Allows a Conditionally Exempt Small Quantity Generator to transport up to 27 gallons or 220 pounds, but no more than 100 kilograms, of hazardous waste to a household hazardous waste collection facility per month, if certain conditions are met.

(Died on Assembly Inactive File)

AB 2587 (Chan-D) Hazardous chemicals

Provides technical, cleanup amendments to AB 302 (Chan-D), Chapter 205, Statutes of 2003, which prohibits a person from manufacturing, processing, or distributing in commerce a product, or a flame-retarded part of a product, containing more than 0.1 percent pentaBDE or octaBDE on and after January 1, 2008.

Chapter 641, Statutes of 2004

AB 2633 (Frommer-D) Grease: solid waste

Establishes the Interceptor Grease Transportation, Recycling and Disposal Act for the management and disposal of grease.

Vetoed by the Governor

AB 2732 (Dymally-D) Laundered industrial towels: sale or rental

Prohibits any person from selling or renting a laundered industrial towel.

(Died in Assembly Environmental Safety and Toxic Materials Committee)

AB 2777 (Lieber-D) Oil spill prevention and response: regulations

Requires the Administrator for Oil Spill Response to adopt regulations governing tugboat escorts for vessels, other than tankers and tank barges, carrying hazardous materials that are entering, leaving, or navigating in the state's harbors.

(Died in Senate Natural Resources and Wildlife Committee)

AB 2877 (Aghazarian-R) Hazardous waste: regulation

Extends to January 1, 2008, the authority of the State Department of Toxic Substances Control to adopt regulations establishing alternative waste management standards for specified hazardous wastes. The previous authority expired on January 1, 2003.

Chapter 175, Statutes of 2004

AB 2955* (McCarthy-R) Underground storage tanks: leakage detection

Alleviates the potential accumulation of penalties for underground storage tank (UST) leak violations, and establishes funding assistance for installation of new monitoring and leak control technologies for USTs.

Chapter 649, Statutes of 2004

AB 2969 (La Malfa-R) Hazardous waste: treatment: silver

Exempts the process for encapsulating silver in photoimaging solutions from state hazardous waste regulations.

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

AB 3040 (Assembly Environmental Safety And Toxic Materials Committee) Hazardous substances

Makes clarifying, technical amendments to AB 1700 (Laird-D), Chapter 869, Statutes of 2003, and eliminates selected state positions that are now subject to hiring freezes but which are not supported by the state's General Fund.

Vetoed by the Governor

AB 3041 (Assembly Environmental Safety And Toxic Materials Committee) Hazardous waste

Sets forth the amount of waste that a conditionally exempt small quantity generator may transport per month to a household hazardous waste collection facility. Also provides any fines or penalties paid to a uniform program agency or a participating agency shall be deposited into a special fund for activities of those entities only.

Chapter 686, Statutes of 2004

Miscellaneous

SB 18 (Burton-D) Traditional Tribal Cultural Sites

Requires a city or county, prior to the adoption or amendment of a general plan, to conduct consultations with California Native American tribes for the purpose of preserving places, features, and objects protected by specified provisions of the Public Resources Code that are within the city's or county's jurisdiction, and requires the city or county to maintain the confidentiality of information concerning the specific identity, location, character, and use of those places, features, and objects consistent with guidelines developed and adopted by the Governor's Office of Planning and Research.

Chapter 905, Statutes of 2004

SB 89 (Alpert-D) Wild animals: domestic ferrets

Eases restrictions on possession of domestic ferrets in California by allowing ferret owners to apply to the State Department of Fish and Game for a "certificate of amnesty" that allows ferrets to be legally owned in California.

Vetoed by the Governor

SB 184 (Sher-D) San Francisco Bay Conservation and Development Commission

Requires a person who is acting as an agent for a transferor of an interest in real property that is located within the San Francisco Bay Conservation and Development Commission's jurisdiction, or the transferor, to disclose to a prospective transferee, when he/she has actual knowledge, that the property is located within that jurisdiction. Authorizes the commission to revoke a permit in whole or in part, provides the grounds for complete or partial revocation, and provides procedures for challenging and enforcing the commission's revocation order. Increases the amounts of civil penalties for violations of provisions relating to San Francisco Bay Conservation and Development and imposes civil penalties for negligent violations.

(Died in Senate Natural Resources and Wildlife Committee)

SB 218 (Sher-D) Surface mining and reclamation

Makes changes to the way in which mineral resources are mapped and classified.

Chapter 142, Statutes of 2004

SB 233 (Hollingsworth-R) Animals: importation

Allows the importation, possession and sale of kangaroo, crocodile or alligator parts or products within California.

(Died in Senate Natural Resources and Wildlife Committee)

SB 235 (Cedillo-D) Recreation and parks districts: urban parks

Authorizes the State Department of Parks and Recreation to start providing active recreational sports, such as soccer and baseball, on state park lands within "an urban area with a population of more than 500,000 residents."

(Died in Senate Natural Resources and Wildlife Committee)

SB 236 (Alpert-D) Fishing: bottom trawling

Amends legislative findings and declarations in current law relating to state marine fisheries policies by adding, "The use of fishing gear that is destructive to fishery resources and habitats should be reduced and eventually eliminated."

(Died at Assembly Desk)

SB 251 (Machado-D) Land conservation assistance center

Requires the Secretary of the State Resources Agency to establish an online land conservation assistance center to provide information on grants and other opportunities to the public related to land conservation.

(Died in Senate Appropriations Committee)

SB 281 (Oller-R) Fishing: marine waters

Prohibits the State Department of Fish and Game from closing a marine area to rod and reel fishing unless there are no less restrictive control measures that would achieve a specific, and measurable, conservation goal.

(Died in Senate Natural Resources and Wildlife Committee)

SB 554 (Florez-D) Off-Highway Motor Vehicle Recreation Commission

Changes the name of the Off-Highway Motor Vehicle Recreation Commission to the Off-Road Vehicle Recreation Commission, increases the membership to 11, with the four additional members to be appointed by the Governor, and includes additional interest groups for which the appointees shall represent. Also specifies that the funds deposited in the Off-Highway Vehicle Trust Fund may also be used for repairing damage caused by the use of off-highway motor vehicles on both public and private property where the operation of those vehicles is prohibited by federal, state, or local law.

(Died in Senate Natural Resources and Wildlife Committee)

SB 643 (Aanestad-R) Agricultural Land Protection Act

Requires any land designated for habitat and conservation purposes to be maintained in a manner that prevents impacts to adjacent agricultural land, and makes the public liable for "damage attributed to wildlife [that] becomes an economic problem..."

(Died in Senate Natural Resources and Wildlife Committee)

SB 694 (Senate Natural Resources And Wildlife Committee) Public resources

The Senate Natural Resources and Wildlife Committee's annual omnibus measure, for the purpose of making several technical and non-controversial changes to the Public Resources Code.

Chapter 224, Statutes of 2004

SB 792 (Sher-D) State parks: Martini Creek Bypass

Requires the State Department of Transportation to sell and transfer certain property under its control in the County of San Mateo as surplus state property to the State Department of Parks and Recreation for state park purposes.

Chapter 390, Statutes of 2004

SB 852 (Ashburn-R) State parks

Requires the State Department of Parks and Recreation to also include in the general plan for Red Rock Canyon State Park goals and guidelines related to rockhounding in the Last Chance Canyon addition to the park.

(Died in Senate Natural Resources and Wildlife Committee)

SB 866 (Aanestad-R) Wildlife

Requires the Wildlife Conservation Board to establish an administrative process that allows any property owner and any local jurisdiction to seek redress for any (a) failure of the board, the State Department of Fish and Game, or any nonprofit entity to maintain real property in accordance with any agreement entered into by those entities under existing law; (b) impacts to any lands adjoining property acquired under existing law caused by that failure; and (c) failure of the board or the department to make subvention payments to a local jurisdiction as required under existing law.

(Died in Senate Natural Resources and Wildlife Committee)

SB 887* (Perata-D) Seaports: security: infrastructure improvement: bonds

Places the Seaport Security and Port Neighborhood Transportation, Clean Air and Navigation Improvement Bond Act of 2003 before the voters at the next statewide general election and if approved, authorizes the sale of $1 billion in general obligation bonds.

(Died in Senate Appropriations Committee)

SB 902 (Burton-D) Firefighting equipment

Creates the Response and Rescue Fire Engine Act of 2004. Specifically, (1) requires the Director of the State Office of Emergency Services to acquire 150 fire engines to be used to respond to terrorist acts, fires, floods, earthquakes, and other disasters, (2) requires these engines be assigned to the State Department of Forestry and Fire Protection and local fire fighting entities such as cities and counties, (3) creates the continuously appropriated Response and Rescue Fire Engine Fund in the State Treasury, and (4) transfers $25 million from the Federal Trust Fund to the Response and Rescue Fire Engine Fund.

Vetoed by the Governor

SB 904 (Chesbro-D) Wild and scenic rivers

Amends the California Wild and Scenic Rivers Act (commencing with Section 5093.50 of the Public Resources Code) to require state agencies to protect the river's values that prompted protection under the Act and changes the definition of "special treatment areas" to include rivers designated as recreational rivers.

Chapter 545, Statutes of 2004

SB 925 (McPherson-R) Invasive species

Extends the submission deadline for the Interagency Aquatic Invasive Species Council's working version of the comprehensive plan for dealing with aquatic invasive species in California to the Legislature from January 1, 2004 to March 1, 2004.

(Died in Senate Natural Resources and Wildlife Committee)

SB 976* (Ducheny-D) Budget Act of 2002

Amends the Budget Act of 2002 by reverting a specified amount from the Harbors and Watercraft Revolving Fund to the Public Beach Restoration Fund and authorizing the transfer of the monies for expenditure pursuant to the California Public Beach Restoration Act.

Chapter 15, Statutes of 2004

SB 978 (Torlakson-D) State parks: John Marsh Home

Provides findings concerning Dr. John Marsh and the significance of his home in the Bay Area. Also requires the State Department of Parks and Recreation, as soon as possible, to classify the John Marsh Home and surrounding property as a "unit of the state park system."

Vetoed by the Governor

SB 981 (Soto-D) Children's health: petroleum pollution

Imposes a 30 cent fee per barrel of crude oil to provide funding for petroleum pollution source reduction and public health remediation programs.

(Died in Senate Revenue and Taxation Committee)

SB 987 (McPherson-R) California missions

Appropriates an unspecified amount of Proposition 40 (the California Clean Water, Clean Air, Safe Neighborhood Parks and Coastal Protection Act of 2002) bond funds to the State Department of Parks and Recreation for allocation as a grant to the California Missions Foundation (a nonprofit organization).

(Died in Senate Appropriations Committee)

SB 1073 (Senate Natural Resources And Wildlife Committee) Beach restoration

Deletes the statutory requirement for the State Department of Boating and Waterways and the State Coastal Conservancy to prepare a report about beach restoration by January 1, 2002.

(Died at Assembly Desk)

SB 1100* (Senate Budget And Fiscal Review Committee) Taxation

Suspends the 55 percent income tax credit for donation of certain land and water rights to nonprofit organizations pursuant to the Natural Heritage Preservation Tax Credit Act of 2004 until June 2005 unless revenues lost from those credits are reimbursed and maintains the $1 million cap placed on the credit in 2000, but extends it through the 2007-08 fiscal year.

Chapter 226, Statutes of 2004

SB 1153 (Chesbro-D) State Fish and Game Commission: wild turkeys

Adds wild turkeys to the list of game animals that may be taken out of season pursuant to a depredation permit.

Chapter 480, Statues of 2004

SB 1155 (Machado-D) Water quality standards

Requires the State Department of Water Resources, in collaboration with the Secretary of the Interior, to prepare a plan to meet water quality standards and objectives for which the State Water Project has some responsibility, by January 1, 2006.

Chapter 612, Statutes of 2004

SB 1214 (Kuehl-D) Salton Sea Restoration: study

Modifies the parameters of the Salton Sea Restoration Study to be conducted by the Resources Agency, and the study's related committee, both created by SB 317 (Kuehl-D), Chapter 612, Statutes of 2003.

Chapter 614, Statutes of 2004

SB 1215 (Morrow-R) State Departments of Fish and Game and Parks and Recreation

Beginning July 1, 2005, transfers (1) funds appropriated from the Public Resources Account in the Cigarette and Tobacco Products Surtax Fund for programs to protect and restore waterfowl habitat to the State Department of Fish and Game (DFG), and (2) funds appropriated to DFG from the California Environmental License Plate Fund, in an amount not to exceed the amount transferred to DFG above to the State Department of Parks and Recreation for expenditure for exclusive trust purposes.

Chapter 917, Statutes of 2004

SB 1255 (Hollingsworth-R) Fire protection: firebreaks

Provides that notwithstanding any other provision of law, or the provisions of a convenant, condition, or restriction regarding landscaping in a planned development, an owner of property may construct a firebreak or, at the discretion of the local fire official, implement appropriate vegetation management techniques, to ensure defensible space is adequate for the protection of the home or other structure on the property. Authorizes the firebreak to be for a radius of up to 300 feet from the home or other structure, or to the property line, whichever distance is shorter.

(Died in Senate Natural Resources and Wildlife Committee)

SB 1259 (Murray-D) Public resources: Baldwin Hills Conservancy

Authorizes the Baldwin Hills Conservancy to contract for appraisals of land proposed for acquisition by the Conservancy, revises the territory and governing board of the Conservancy, and makes conforming changes.

Vetoed by the Governor

SB 1264 (Senate Natural Resources And Wildlife Committee) Natural resources

Makes several minor, technical, correcting and clarifying changes to the Harbors and Navigation Code and the Public Resources Code regarding Lake County, the State Department of Boating and Waterways, the State Coastal Commission, the State Department of Parks and Recreation, the California Indian Heritage Center Task Force, the State Lands Commission, the Ventura-Los Angeles Mountain and Coastal Study Commission, the California Energy Commission, Orange County, and the State Department of Fish and Game.

Chapter 286, Statutes of 2004

SB 1265 (Senate Natural Resources And Wildlife Committee) Fish and game

Deletes obsolete sections of the Fish and Game Code.

Chapter 172, Statutes of 2004

SB 1267 (Morrow-R) Healthy State Lands Act of 2004

Establishes the Healthy State Lands Act of 2004, which provides an exemption to the California Environmental Quality Act for activities related to aggressive fuel modification on state lands that are intended to prevent fire emergencies.

(Died in Senate Environmental Quality Committee)

SB 1278 (Senate Natural Resources And Wildlife Committee) Natural resources

Deletes various forestry and fire protection report requirements that have been completed.

Chapter 153, Statutes of 2004

SB 1280 (Ortiz-D) Flood damage reduction: American River watershed

Authorizes state participation in the raising of Folsom Dam by seven feet, and the construction of a permanent bridge below the dam, that has already been approved by Congress and is the subject of a final report of the Chief of Engineers of the Army Corps of Engineers.

Chapter 616, Statutes of 2004

SB 1294 (Morrow-R) Parks: Coyote Canyon Wild Horse Herd

Calls for the return to the Anza Borrego State Park of the wild horse herd which was removed by the State Department of Parks and Recreation in 2003.

(Died in Senate Natural Resources and Wildlife Committee)

SB 1312 (Hollingsworth-R) Historical and cultural resources

Appropriates an unspecified sum from the California Clean Water, Clean Air, Safe Neighborhood Parks and Coastal Protection Act bond funds to the State Department of Parks and Recreation for the purpose of recovering, restoring, or rebuilding significant historical and cultural buildings, resources, or artifacts affected by the Southern California wildfires of 2003 in any of the affected counties of Los Angeles, Riverside, San Bernardino, San Diego, or Ventura.

(Died in Senate Natural Resources and Wildlife Committee)

SB 1319 (Burton-D) Natural resources: ocean protection

Enacts the California Ocean Protection Act, creates the Ocean Protection Council (Council), and authorizes the Council to carry out various programs relating to the protection of coastal waters and ocean ecosystems.

Chapter 719, Statutes of 2004

SB 1327 (Kuehl-D) State parks: state park units

Requires a finding of insignificant impact from the Director of the State Department of Parks and Recreation before approval of any use of a state park that is not consistent with the purpose and allowable uses of that category of unit of the state park system.

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

SB 1334 (Kuehl-D) Oak woodlands conservation

Requires counties with oak woodlands to consider certain oak conservation mitigation alternatives for oak woodlands that are proposed to be converted.

Chapter 732, Statutes of 2004

SB 1338 (Morrow-R) Anza-Borrego Desert State Park

Requires the State Department of Parks and Recreation (DPR) to reopen an off-highway vehicle road through Coyote Canyon located in the Anza-Borrego Desert State park, which DPR closed to motorized traffic in 1995 in order to protect endangered species and sensitive habitat.

(Died in Senate Natural Resources and Wildlife Committee)

SB 1346 (Ducheny-D) Fire prevention and suppression

Establishes a minimum four-person staffing requirement on all State Department of Forestry and Fire Protection (DFFP) fire engines, as specified. Establishes that fire seasons are declared by the Director of DFFP based on an assessment of weather and fuel conditions, and requires DFFP to prepare a biennial California fire prevention plan.

(Died in Assembly Appropriations Committee)

SB 1369 (Kuehl-D) Fire protection

Requires a person who owns property within either state fire prevention and suppression responsibility areas, or local responsibility areas where the homes are in very high fire hazard severity zones, to create a firebreak of 100 feet around any structures on his/her property and to provide proof of building certification to his/her insurance carrier.

Chapter 720, Statutes of 2004

SB 1434 (Ackerman-R) Fish and game: rabbits

Authorizes any owner or tenant of land or property that is being damaged or destroyed or is in danger of being damaged or destroyed by cottontail or brush rabbits, to apply to the State Department of Fish and Game for a permit to kill them. Clarifies that monies in the Fish and Game Preservation Fund are to be expended only through an appropriation of the Legislature.

(Died on Senate Inactive File)

SB 1446 (Escutia-D) Environmental health data tracking

Requires the State Department of Health Services and the California Environmental Protection Agency to create an Interagency Office of Environmental Health Tracking for the purpose of disease prevention through interagency collaboration and data integration.

(Died in Assembly Appropriations Committee)

SB 1447 (Kuehl-D) State regulated wetlands: regulations

Requires the State Fish and Game Commission, not later than June 30, 2005, to adopt regulations to protect state regulated wetlands in order to implement the state's policy that there be no net loss of state wetlands. Prohibits an entity from substantially impairing or altering a state regulated wetland without first obtaining a wetland alternation permit, as provided. Requires the Director of the State Department of Fish and Game to establish a fee for the application and the issuance of wetland alteration permits.

(Died in Senate Environmental Quality Committee)

SB 1459 (Alpert-D) Fishing: trawl nets

Specifies the conditions under which bottom trawl fishing may take place off the coast of California.

Chapter 721, Statutes of 2004

SB 1460* (Oller-R) State responsibility areas

Prohibits the state from imposing fees for wildland fire suppression in state responsibility areas.

(Died in Senate Natural Resources and Wildlife Committee)

SB 1480 (Sher-D) Harbors and navigation: tugboat escorts

Authorizes the adoption of regulations governing tugboat escorts for vessels carrying hazardous materials when entering, leaving, or navigating in the harbors of California.

Vetoed by the Governor

SB 1482 (Sher-D) Wild and scenic rivers: special treatment areas

Standardizes penalties imposed for violations of timber harvest rules so that penalties for violations in "special treatment areas" adjacent to wild and scenic rivers are comparable to penalties imposed in all other areas for timber harvest rules violations.

Chapter 722, Statutes of 2004

SB 1498 (Poochigian-R) State responsibility area fire protection benefit fee

Exempts from the state responsibility area fire protection benefit fee a parcel for which the owner pays a fee for fire protection and suppression services to a local agency.

(Died in Senate Natural Resources and Wildlife Committee)

SB 1532 (Aanestad-R) Fish screen installation incentive programs

Authorizes, for the 2005-06 fiscal year and each fiscal year thereafter, a county or city and county to pay a fish screen installation incentive payment to a qualified person that installs or intends to install a qualified fish screen.

(Died in Senate Local Government Committee)

SB 1567 (Sher-D) San Francisco Bay Area Conservancy Program

Allows the San Francisco Bay Area Conservancy Program (BACP) to enter into a joint powers agreement with another public agency to further the purposes of the BACP.

Vetoed by the Governor

SB 1568 (Sher-D) San Francisco Bay Conservation and Development

Strengthens the San Francisco Bay Conservation and Development Commission's enforcement and property disclosure mechanism and allows specified Commission funds to be spent by the State Coastal Conservancy.

Chapter 618, Statutes of 2004

SB 1611 (Ducheny-D) Fire prevention and suppression

Requires the State Department of Forestry and Fire Protection (DFFP) to staff at least four people on all department fire engines, in a phased deployment, and requires DFFP to prepare a biennial California fire prevention plan.

Vetoed by the Governor

SB 1703 (Alarcon-D) California certified green business program

Establishes a voluntary California certified green business program to certify businesses that engage in environmentally beneficial operations.

Vetoed by the Governor

SB 1728 (Aanestad-R) Private property: state agency access

Prohibits the State Department of Fish and Game and the State Department of Water Resources from entering upon private property except with the consent of the property owner and pursuant to specified requirements, including that the department notify the owner of private property by telephone at least 72 hours prior to the department's entering the property.

(Died in Senate Judiciary Committee)

SB 1807 (Knight-R) Hunting licenses: disabled veterans

Eliminates the fee that a disabled veteran is required to pay to obtain a hunting or sport fishing license.

(Died in Senate Natural Resources and Wildlife Committee)

SB 1820 (Machado-D) Land conservation contracts

Creates a procedure for formally reviewing the county assessor's determination of the current unrestricted fair market value, and thereby affecting the calculation of the amount of the cancellation fee, of land subject to a Williamson Act contract that is proposed for cancellation.

Chapter 794, Statutes of 2004

SB 1856 (Bowen-D) Prescribed burning activities

Provides a uniform definition of "prescribed burning" in four code sections and makes other technical changes.

Chapter 693, Statutes of 2004

SB 1885 (Sher-D) Regional park district: County of San Mateo

Permits the formation of a regional park district in San Mateo County to be initiated by resolution of the county board of supervisors after a noticed hearing. Provides that the Landscaping and Lighting Act of 1972 applies to a regional park district that is created and established in the County of San Mateo.

(Died in Assembly Local Government Committee)

AB 65 (Dymally-D) State park: Watts Towers

Reclassifies Watts Towers of Simon Rodia from a historical unit to a state park. Specifies that the park is to be managed by the City of Los Angeles.

(Died in Assembly Water, Parks and Wildlife Committee)

AB 113 (Chavez-D) Off-highway motor vehicles

Makes explicit that operation and maintenance of off-highway motor vehicle facilities is a part of the mission of the Off-Highway Motor Vehicles Recreation Commission, and provides that the annual report by the commission to the Director of the State Department of Parks and Recreation must include a breakdown of how the annual expenditures address the priorities of the commission.

Vetoed by the Governor

AB 342 (Koretz-D) Mammals: taking

Prohibits allowing or training a dog to take any bear or bobcat for hunting purposes.

(Died in Assembly Water, Parks and Wildlife Committee)

AB 393 (Montanez-D) Historical preservation

Requires the California Cultural and Historical Endowment, to the extent of available funding, to establish and administer a revolving loan fund for the purpose of making loans to local governments and nonprofit organizations for historical preservation projects.

(Died in Assembly Appropriations Committee)

AB 454 (Yee-D) Smoking on public beaches

Makes legislative findings and declarations regarding the harm caused by debris from cigarette smoking, provides that smoking on any state owned beach shall be an infraction punishable by a fine of $100 unless it occurs within 20 feet of an "appropriate waste receptacle". States that it does not preempt stricter local ordinances.

(Died in Senate Natural Resources and Wildlife Committee)

AB 482 (Cogdill-R) State parks: concessions

Exempts one concession from the State Department of Parks and Recreation's (DPR) competitive bidding process for awarding or renewing contracts for concessions in a unit of the state park system. Requires the exempted concession to satisfy criteria specified in the bill and the DPR director to negotiate or renegotiate the contract with the exempted concession.

(Died in Senate Appropriations Committee)

AB 492 (Cogdill-R) Wildlife habitat enhancement and management areas

Requires the Fish and Game Commission to notify the owner of each parcel that is adjacent to a proposed wildlife habitat enhancement and management area prior to authorizing the State Department of Fish and Game to issue a license for that area.

(Died in Assembly Water, Parks and Wildlife Committee)

AB 496 (Correa-D) Santa Ana River Conservancy

Creates the Santa Ana River Conservancy (Conservancy) to manage conservancy lands, and to provide recreational opportunities, open space, trails, wildlife habitat and species restoration and protection, wetland restoration and protection, agricultural land restoration and protection, protection and maintenance of the quality of the waters in the Santa Ana River for all beneficial uses, lands for educational uses within the area, and natural floodwater conveyance. Defines the boundaries of the Conservancy as one-half mile from the Santa Ana River and its tributaries.

(Died in Senate Natural Resources and Wildlife Committee)

AB 590 (Cogdill-R) Sport fishing: license revenues

Requires that 45 percent of revenue generated from the State Department of Fish and Game's issuance and sale of all sport fishing licenses be deposited into a new Hatcheries and Fish Planting Facilities Fund to be continuously appropriated to the department's Hatcheries and Fish Planting Facilities program.

(Died in Assembly Appropriations Committee)

AB 630 (Maddox-R) Park rangers: peace officers

Repeals the provision of existing law that excluded local agencies that were utilizing certain specified titles, as of January 1, 1990, from the restrictions of using those titles for their non-peace officer employees.

(Died in Assembly Water, Parks and Wildlife Committee)

AB 670 (Harman-R) Fisheries: managing resources

Requires that whenever the interests of sport fishing and commercial fishing are in conflict, any recommendation of the State Department of Fish and Game or regulation of the Fish and Game Commission shall provide a priority to sport fishing if a species or species group under state jurisdiction is not able to support both the reasonable requirements of the sport fishery and the existing or potential commercial fishery harvest. Authorizes the department and the commission to permit commercial fishing for a particular nearshore groundfish only if certain conditions are met.

(Died in Assembly Water, Parks and Wildlife Committee)

AB 929 (Hancock-D) Highways: park lease: City of Albany

Authorizes the State Department of Transportation to offer specific right-of-way properties commonly known as "Pierce Park" to the City of Albany in the form of a five-year, renewable lease at the rate of $1 per year. Provides an option for the City of Albany to purchase the property within the initial five-year lease period.

(Died in Senate Transportation Committee)

AB 955 (Wiggins-D) Surplus state property

Provides that if specified property of the Sonoma Development Center is declared surplus and transferred to the State Department of General Services (DGS), DGS shall transfer the property to the State Department of Parks and Recreation (DPR) to be added to the Jack London State Park. It also authorizes DPR to transfer portions of the surplus property to the County of Sonoma for expanding the Sonoma Valley Regional Park.

Vetoed by the Governor

AB 1185 (Montanez-D) Parks: youth services

Allows the State Department of Parks and Recreation to consider obesity as a factor when determining the allocation of bond funds for construction of parks and other youth services.

(Died in Assembly Water, Parks and Wildlife Committee)

AB 1222* (Montanez-D) Urban open-space and recreation

Allows the County of Los Angeles to convert parkland in El Cariso Park to allow for the expansion of Mission College. The conversion will have to comply with the provisions of the Public Park Preservation Act of 1971.

Chapter 499, Statutes of 2004

AB 1461 (Negrete McLeod-D) California Conservation Corps

Replaces the Director of the California Conservation Corps with a three-person California Conservation Corps Commission. Requires the Governor, the President pro Tempore of the Senate, and the Speaker of the Assembly to each appoint one of the commissioners to a four-year term. Authorizes the commission to administer the corps by majority vote the commissioners to be reappointed.

(Died in Assembly Natural Resources Committee)

AB 1502 (Laird-D) Natural heritage preservation: tax credit

Allows state and local entities to use Proposition 40 and Proposition 50 bond funds to reimburse the General Fund for tax credit issued under the Natural Heritage Preservation Tax Credit Act, if the property acquired through the tax credit is consistent with the purposes specified in those bond acts and other conditions are met.

(Died in Assembly Appropriations Committee)

AB 1701 (Assembly Environmental Safety And Toxic Materials Committee) State lands: acquisition

Creates mandatory disclosure requirements for land acquisitions in excess of $25 million by the state.

Chapter 708, Statutes of 2004

AB 1788 (Leslie-R) Sierra Nevada Conservancy

Creates, within the State Resources Agency, the Sierra Nevada Conservancy to acquire and manage land for various specified public objectives, and to make grants for those purposes, in the Sierra Nevada Region.

(Died in Senate Natural Resources and Wildlife Committee)

AB 1805 (Levine-D) Farm-raised salmon

Makes it unlawful to possess, buy, or sell farm-raised salmon in this state.

(Died in Assembly Water, Parks and Wildlife Committee)

AB 1876 (Chan-D) Public beach sanitation

Requires microbiological monitoring at heavily used public beaches and recreational shore areas in San Francisco Bay.

Chapter 709, Statutes of 2004

AB 1926 (Bermudez-D) Trapping licenses: exemptions

Exempts, from the requirement to obtain a license from the State Department of Fish and Game to trap fur-bearing mammals or non-game mammals, the following entities:

1. A person licensed by the Structural Pest Control Board in the State Department of Consumer Affairs to inspect, eradicate and/or control pests that invade households and other structure.
2. Persons and businesses licensed or certified by the State Department of Pesticide Regulation to conduct pest control activities, with an emphasis on the use of poisons.

(Died in Senate Natural Resources and Wildlife Committee)

AB 1934 (Leslie-R) Bear Lake Reservoir: recreational use

Until July 1, 2007, exempts Bear Lake Reservoir in Alpine County from the bodily contact prohibition and specifically allows bodily contact with the water by any participant if specific standards are met.

Chapter 374, Statutes of 2004

AB 1982 (Wolk-D) Wildlife management areas: mosquito abatement

Requires the State Department of Fish and Game to coordinate with local mosquito abatement districts to reduce mosquito populations and maintain wildlife habitat values in specified wildlife areas in the northern portion of the Central Valley, and sunsets in five years.

Chapter 553, Statutes of 2004

AB 1984 (Wolk-D) Surface mining

Extends the effective date of the Cache Creek Resources Management Plan until December 31, 2008.

Chapter 173, Statutes of 2004

AB 2055 (Wolk-D) General plan elements

Renames the open space element of a general plan as the agricultural and open space element, and amends the Planning and Zoning Law provisions for the conservation and agricultural and open space elements of the general plan in order to encourage the preservation of agricultural land and production and the protection and sustainable use of open space resources.

Vetoed by the Governor

AB 2063* (Negrete McLeod-D) Chino Agricultural Preserve

Authorizes the County of San Bernardino to sell an unspecified amount of property it owns within the Chino Agricultural Preserve that was purchased with Proposition 70 (the California Wildlife Coastal and Park Land Conservation Act of 1988) bond funds, provided the County of San Bernardino meets the conditions specified in the bill.

Chapter 377, Statues of 2004

AB 2064 (Goldberg-D) Parks and recreation: active recreation

Enacts the Active Recreation Act, which (1) authorizes the State Department of Parks and Recreation (DPR) to "facilitate" active recreation activities, as defined, (2) authorizes DPR to enter into a lease of up to 25 years with a city or county in order to provide a suitable site for active recreation, if specified conditions are met, and (3) explicitly states that recreational purposes include active recreation, as defined, for the purposes of grants from the Roberti-Z'Berg-Harris Open-Space and Recreation Program Act.

Vetoed by the Governor

AB 2072 (Wyland-R) Vessels: prohibited activities

Requires the Director of the State Department of Fish and Game (DFG), or his/her designee, to inform the State Department of Boating and Waterways the date on which the algae Caulerpa taxifolia has been eradicated in San Diego County's Agua Hedionda Lagoon, and to reopen it, one year after DFG's notification to recreational vessel activity.

Chapter 501, Statutes of 2004

AB 2073* (Wyland-R) Vessels: prohibited activities

Requires the State Department of Boating and Waterways, upon request of the Director of the State Department of Fish and Game, to restrict or prohibit recreational vessel activity on waters of the state until January 1, 2010, if that vessel activity hinders or jeopardizes efforts to control or eradicate Caulerpa taxifolia. Requires that notice of the restriction or prohibition be posted conspicuously and imposes a fine of not more than $250 for violations of the provisions.

(Died in Assembly Water, Parks and Wildlife Committee)

AB 2097 (Oropeza-D) Natural resources

Extends the sunset date for availability of the tax credit for donating property interests in land or water for conservation purposes for the award of the existing tax credit by one year, to the 2005-06 fiscal year.

(Died in Assembly Revenue and Taxation Committee)

AB 2114* (Assembly Budget Committee) Budget trailer bill: taxation

For the 2004-05 and 2005-06 fiscal years, requires use tax to be paid if the vehicle, vessel or aircraft is brought into the state within 12 months. Requires the Legislative Analyst's Office to conduct a study of the economic impact of these changes.

Suspends the Natural Heritage Tax Credit until June 2005 unless revenues lost from those credits are reimbursed. Maintains the $1 million cap placed on this credit in 2000, but extends it through the 2007-08 fiscal year.

(Died on Senate Third Reading File)

AB 2121 (Assembly Budget Committee) Water resources

Requires the State Water Resources Control Board (SWRCB) to adopt as state policy, guidelines developed by the State Department of Fish and Game and the National Oceanic and Atmospheric Administration regarding the amount of water needed in certain North Coast rivers for certain fish species. Specifies that the SWRCB adopt these guidelines as state policy in two years after the necessary environmental reviews. Requires certain water rights application information be posted on the SWRCB's web site.

Chapter 943, Statutes of 2004

AB 2140 (Runner-R) Desert species: fines

Increases the fine for unlawful harvesting of California desert native plants to not less than $1,500 and not more than $2,500 for each violation.

Chapter 421, Statutes of 2004

AB 2146 (Leno-D) Dungeness crab

Authorizes, but does not require, the Fish and Game Commission to adopt regulations to ensure the protection of the Dungeness crab resource and to establish an advisory council, establishes a trap limitation in designated districts of 250 traps per vessel, and makes violation of that limitation a misdemeanor.

Vetoed by the Governor

AB 2186 (Leslie-R) California Tahoe Conservancy

Authorizes the California Tahoe Conservancy to make grants to local public agencies for up to two-thirds of the cost of relocating water or sewer infrastructure.

Chapter 265, Statutes of 2004

AB 2260 (Nakanishi-R) Streambed alteration agreements

Exempts activities involving routine maintenance of a levee or flood control system from the requirement to obtain a streambed alteration permit from the State Department of Fish and Game before making alterations to any stream, river or lake.

(Died in Assembly Appropriations Committee)

AB 2272 (Dymally-D) Native American lands: Tongva Reservation

Creates the "Dymally Act for the Creation of a State Indian Reservation for the Gabrielino-Tongva Tribe". Makes legislative findings and declarations regarding the Gabrielino-Tongva Tribe and its tribal history in the Los Angeles Basin. Establishes a state recognized Indian reservation for the Gabrielino-Tongva Tribe, a non-federally recognized Indian tribe, in the City of Compton, in Los Angeles County. Specifies that the Tongva Reservation qualifies as Indian lands for purposes of entering into a tribal-state gaming compact.

(Died in Assembly Governmental Organization Committee)

AB 2280* (Cogdill-R) Sport fishing: license revenues

Takes one-third of all license fees from the Fish and Game Preservation Fund and dedicates those fees to a new fund called the Hatcheries and Fish Planting Facilities Fund. States that the funds dedicated to it may be used "to support other activities eligible to be funded from revenue generated by sport fishing license fees."

(Died in Senate Natural Resources and Wildlife Committee)

AB 2378* (Cogdill-R) Hatchery products

Authorizes the State Department of Fish and Game to sell, contract for the sale of, or otherwise utilize surplus fish eggs produced at the department's hatcheries.

(Died on Senate Inactive File)

AB 2476 (Wolk-D) Sacramento-San Joaquin Delta

Expands the duties of the Delta Protection Commission regarding the protection of agricultural, environmental, recreational, and historical resources in the delta.

Vetoed by the Governor

AB 2517 (Berg-D) Fish and game mitigation and protection accounts

Establishes two accounts within the Special Deposit Fund in the State Treasury for the deposit of environmental mitigation funds.

Chapter 427, Statutes of 2004

AB 2518 (Keene-R) State parks: concession contracts

Allows the State Department of Parks and Recreation to approve 30 year concession contracts for the operation and maintenance of marinas.

Chapter 109, Statutes of 2004

AB 2519 (Berg-D) Duck Stamp Account: salmon: roe herring

Authorizes monies in the Duck Stamp Account to be used to fund endowments approved by the State Fish and Game Commission (Commission), authorizes the State Department of Fish and Game to allocate funds from the Commercial Salmon Stamp Account for salmon restoration and recovery, and authorizes the Commission to adjust fees charged for herring permits, including fees charged for transfer permits.

Chapter 713, Statutes of 2004

AB 2566 (Nakano-D) Boating: noise levels

Prohibits the owner of a motorized recreational vessel that is numbered by the State Department of Motor Vehicles, or that is documented by an agency of the federal government, from operating, or authorizing the operation of, the vessel in or upon the inland waters, or in upon ocean waters that are within one mile of the coastline of the state, in a manner that exceeds the specified noise levels.

Chapter 130, Statutes of 2004

AB 2600 (Leslie-R) Sierra Nevada Conservancy

Creates the Sierra Nevada Conservancy within the State Resources Agency to make grants for the purposes of acquiring and managing land for various specified public objectives.

Chapter 726, Statutes of 2004

AB 2631 (Wolk-D) Natural resources: invasive species

Establishes the Invasive Species Council to coordinate the state's efforts in eradicating invasive species.

Vetoed by the Governor

AB 2635 (Canciamilla-D) Oak Woodlands Conservation Fund: report

Requires the Wildlife Conservation Board to report every two years, rather than every year, on how money in the Oak Woodlands Conservation Fund was spent, acreage conserved, and other matters specified in the statute.

Chapter 241, Statutes of 2004

AB 2636 (Strickland-R) State Boating and Waterways Commission

Requires one member of the seven-member State Boating and Waterway Commission to be a representative of a public agency that operates a freshwater lake.

(Died on Assembly Inactive File)

AB 2653 (Strickland-R) Vessels: safety education: funding

Allows certain public agencies to obtain additional funding to enhance boating safety in areas of their jurisdiction.

(Died in Assembly Transportation Commission)

AB 2665 (Leslie-R) Harbors and ports: funding

Requires the State Department of Boating and Waterways to monitor berthing rates at public marinas to ensure that the rates are sufficient to ensure timely and complete repayment of the loan and revises provisions relating to private marina loans made from the Harbors and Watercraft Revolving Fund.

Chapter 534, Statutes of 2004

AB 2666 (Maldonado-R) Off-highway vehicle recreation areas

Makes several technical, noncontroversial changes to the governing statutes of the Division of Off-Highway Motor Vehicles Recreation. The substantive changes, which are also noncontroversial, include enhanced protection of cultural and archeological resources, and directs Off-Highway Vehicle (OHV) funds to the areas where OHV recreation occurs, as opposed to a county in which OHV's are registered.

Chapter 908, Statutes of 2004

AB 2673 (Simitian-D) Natural resources: grant of federal lands

Establishes a process by which local governments may obtain approval from the State Resources Agency when seeking transfers of property from the federal government.

Vetoed by the Governor

AB 2722 (Laird-D) Heritage preservation tax credit: bond funds

Provides state agencies, local agencies, and landowners an alternative method for the acquisition of park, open space and habitat lands using Proposition 40 and Proposition 50 bond funds. If this alternative is used, state and local agencies will acquire land for 55 percent of market value. The landowner will have to consent for this method to be used. The landowner donating the land will receive a state tax credit under the existing Natural Heritage Preservation Tax Credit Program and a federal tax deduction.

Chapter 715, Statutes of 2004

AB 2760 (Berg-D) Fish and game: licensing and entitlements

Makes several amendments to procedures used by the State Department of Fish and Game to issue, sell and maintain fishing licenses with regard to license agents, hook and line fishing gear, licenses issued to blind persons, and multiple licenses held by one person. Also extends free fishing license opportunities to all disabled Californians, extends the sunset of the sea cucumber fishery permit program, and modifies finfish trapping provisions.

Chapter 431, Statutes of 2004

AB 2808 (Canciamilla-D) State comprehensive plan

Requires the State Environmental Goals and Policy Report include a statewide strategy for protecting large tracts of contiguous agricultural land to preserve its economic and environmental value.

(Died in Assembly Appropriations Committee)

AB 2830 (McCarthy-R) Natural resources: oil and gas

Allows the State Department of Conservation (DOC) to find that the fact that an oil or gas well has been idle for 25 years and fails to meet specific requirements is conclusive evidence of desertion. Also extends the sunset on DOC's authority to expend funds to plug and abandon orphan wells in California.

Chapter 433, Statutes of 2004

AB 2851* (Laird-D) Budget Act: state mandates

Declares that the Mineral Resources mandate is no longer a reimbursable mandate because local agencies now have the ability to charge fees.

Chapter 316, Statutes of 2004

AB 2875 (Benoit-R) Fish and game: rabbits

Authorizes the owner or tenant of land, or any person authorized in writing by that owner or tenant, to take cottontail or brush rabbits when the rabbits are damaging landscaping.

(Died in Senate Natural Resources and Wildlife Committee)

ACR 178 (Mountjoy-R) Compressed Air Foam System

Calls upon all California city and county fire departments to make themselves aware of Compressed Air Foam Systems, gels, and other new firefighting technologies that may be used to fight fires and provide benefits in the cities and counties served by those fire departments, and to keep abreast of any new technologies that may be developed in the future.

Resolution Chapter 109, Statutes of 2004

ACR 201 (Pavley-D) California Earth Day 2004

Declares April 22, 2004, "California Earth Day," reaffirms the Legislature's commitment to the fundamental principles of environmental laws, and encourages the state's residents to promote the goals of Earth Day 2004.

Resolution Chapter 35, Statutes of 2004

ACR 208 (Pavley-D) State Parks Month

Declares May 2004 to be State Parks Month and encourages all Californians to participate in activities held throughout the month of May to commemorate the observance.

Resolution Chapter 72, Statutes of 2004

ACR 237 (Cogdill-R) National Fishing and Boating Week

Proclaims the week of June 5 through June 13, 2004, as National Fishing and Boating Week.

Resolution Chapter 105, Statutes of 2004

Index (in Bill Order)