(1) Proposition 117, an initiative measure approved by the electors at the June 5, 1990, direct primary election, enacted the California Wildlife Protection Act of 1990. The act creates the Habitat Conservation Fund and requires the moneys in the fund to be used for specified purposes generally relating to the acquisition, enhancement, or restoration of wildlife habitat. The act requires the Controller, until June 30, 2020, to annually transfer $30,000,000 from the General Fund to the Habitat Conservation Fund, less any amount transferred to the Habitat Conservation Fund from specified accounts and funds. The act, until July 1, 2020, continuously appropriates specified amounts from the Habitat Conservation Fund to the Department of Parks and Recreation, the State Coastal Conservancy, the Santa Monica Mountains Conservancy, and the California Tahoe Conservancy, and continuously appropriates the balance of the fund to the Wildlife Conservation Board.
This bill would require the Controller to continue to annually transfer $30,000,000 from the General Fund, less any amount transferred to the Habitat Conservation Fund from specified accounts and funds, to the Habitat Conservation Fund until June 30, 2030, and would continuously appropriate that amount on an annual basis in the same proportions to the specified entities until July 1, 2030. The bill would also make conforming and nonsubstantive changes.
(2) Existing law provides for the distribution to counties of funds transferred to the Department of Food and Agriculture Fund from the Motor Vehicle Fuel Account as partial reimbursement for county expenses incurred in carrying out various agricultural programs, as specified.
This bill would also provide for the distribution of any moneys in reserve to counties for these purposes. The bill would also provide for the distribution of these funds to the Department of Food and Agriculture for expenditure on statewide agricultural programs as agreed upon by the Secretary of Food and Agriculture and the county agricultural commissioners. Because the bill would make money in a continuously appropriated fund available for a new purpose, it would make an appropriation.
(3) Existing law creates the Healthy Stores Refrigeration Grant Program in the Department of Food and Agriculture upon the appropriation of funds. Existing law requires the department to administer the Healthy Stores Refrigeration Grant Program and to award grants to qualified entities, which is defined to include, among others, certain nonprofit entities applying on behalf of a small business or corner store or a collection of small businesses or corner stores. Existing law requires grant funds to be provided to corner stores and small businesses that are located within low-income census tracts with low access to a supermarket or large grocery store for the purchase of an energy-efficient refrigeration unit or units. Existing law requires those refrigeration units to be stocked only with California-grown fresh fruits, nuts, vegetables, and minimally processed prepared foods.
This bill would require that a grant recipient be located in a low-income area or a low-access area and would define "low-access area." The bill would revise the criteria required for a nonprofit entity to qualify to apply for a grant and would authorize a nonprofit entity to use grant funds to sell California-grown fresh fruits, nuts, vegetables, and minimally processed prepared foods directly in low-income areas or low-access areas. The bill would require the department, when awarding grants, to give priority based on, but not limited to, the prevalence of any of specified conditions in the communities that would be served by the qualified entity, including, among others, the prevalence of people who are eligible for, or are receiving, nutrition benefits from certain state or federal programs. The bill would revise the requirement that the refrigeration units be stocked only with specified products to be silent as to whether that list of products is exclusive.
(4) Existing law, except as provided, requires the State Fire Marshal to prepare and adopt building standards relating to fire protection in the design and construction of the means of egress and the adequacy of exit from, and the installation and maintenance of fire alarm and fire extinguishment equipment or systems in, any state-occupied building, as provided. Existing law requires the State Fire Marshal to prepare and adopt regulations other than building standards for the installation and maintenance of equipment and furnishings that present unusual fire hazards in any state-occupied building. Existing law requires, except as provided, the State Fire Marshal to enforce those regulations in all state-occupied buildings.
This bill would instead require the above provisions to apply to specified state-occupied buildings and would define specified state-occupied building for these purposes.
Existing law establishes responsibility for enforcement of building standards adopted by the State Fire Marshal relating to fire and panic safety and other regulations of the State Fire Marshal among various state and local entities and provides that any fee charged pursuant to this enforcement authority shall not exceed the estimated costs of providing the service for which the fee is charged, as provided.
This bill would clarify that a fee may be charged by the various state and local entities for those purposes.
Existing law requires the State Fire Marshal to inspect every jail or place of detention unless specified local officials indicate in writing to the State Fire Marshal that the inspections of jails or places of detention are to be conducted by the specified local official, as provided.
This bill would require this writing to be given to the State Fire Marshal by June 30 of each year.
Existing law requires every city or county fire department or district providing fire protection services to annually inspect specified structures, and charge a fee for that inspection, for compliance with building standards and other regulations of the State Fire Marshal.
This bill would clarify that the above also applies to a city and county fire department and would authorize the city, county, or city and county to delegate that inspection duty to either the chief building official or chief housing official of the city, county, or city and county. The bill would authorize a city and county fire department or a building or housing department to charge and collect a fee for that inspection, as provided.
Existing law authorizes a city, county, or district that provides related fire and life safety activities to charge and collect a fee for the inspection from the owner of the structure, as provided.
The bill would instead clarify that a city, county, or city and county fire department or district providing fire protection services that provides related fire and life safety activities for specified structures, such as plan review, construction consulting, fire watch, and investigation, is authorized to charge and collect a fee from the owner of the structure in an amount sufficient to pay the costs of those related fire and life safety activities, as provided.
Existing law requires the chief of a city or county fire department or district providing fire protection services to inspect every building used as a public or private school within their jurisdiction not less than once each year. Existing law requires the State Fire Marshal to make these inspections not less than once each year in areas outside of corporate cities and districts providing fire protection services.
This bill would clarify that a city, county, or city and county fire department or district providing fire protection services is required to perform the inspections described above. The bill would authorize a city, county, or city and county fire department or district providing fire protection services and the State Fire Marshal to charge and collect a fee for this inspection.
Existing law requires that specified requirements regarding building standards relating to fire and panic safety be carried out, as far as practicable, at the local level by persons who are regular full-time members of a regularly organized fire department of a city, county, or district providing fire protection services, as provided.
This bill would authorize the governing body of a city, county, or city and county fire department or district providing fire protection services, if it relies on an all-volunteer fire department for the provision of specified fire protection services, to provide those services by either requesting the State Fire Marshal or another city, county, or city and county fire department or district providing fire protection services to enforce those building standards and other regulations, as provided.
Existing law authorizes the fire department of any city or county to annually inspect all highrise structures for compliance with building standards and other regulations of the State Fire Marshal and to charge and collect a fee for this inspection. Existing law provides that, if the local fire department elects not to conduct an inspection, the State Fire Marshal shall conduct the inspection. Existing law establishes a procedure for the State Fire Marshal to collect a fee for this inspection.
This bill would clarify that the annual highrise inspection authorization applies to a city, county, and city and county fire department and district providing fire protection services. The bill would require, if the local entity elects not to conduct an inspection, the local entity to notify, by June 30 of each year, the State Fire Marshal of this election not to inspect. The bill would require the State Fire Marshal to perform the inspection if it receives notification of this election. The bill would delete the procedures for the State Fire Marshal to collect a fee for the inspection and instead authorize the State Fire Marshal to charge and collect a fee for the inspection in an amount sufficient to pay its costs of that inspection, as provided.
Existing law requires, during construction or alteration of an essential services building, as defined, the building owner to provide for, and the local enforcement agency to require, competent, adequate, and detailed inspection by a qualified inspector.
This bill would, following the completion of construction of a state-owned or state-occupied essential services building, authorize the State Fire Marshal to conduct regular inspections of those buildings for compliance with building standards relating to fire and panic safety.
(5) The California Global Warming Solutions Act of 2006 establishes the State Air Resources Board as the state agency responsible for monitoring and regulating sources emitting greenhouse gases. That act requires the state board to approve a statewide greenhouse gas emissions limit equivalent to the statewide greenhouse gas emissions level in 1990 to be achieved by 2020 and to ensure that statewide greenhouse gas emissions are reduced to at least 40% below the 1990 level by 2030. The act authorizes the state board to include the use of market-based compliance mechanisms.
The act, until January 1, 2031, establishes the Independent Emissions Market Advisory Committee with a specified membership and requires the advisory committee to at least annually hold a public meeting and report to both the state board and the Joint Legislative Committee on Climate Change Policies on the environmental and economic performance of a specified market-based compliance mechanism and other relevant climate policies.
The Bagley-Keene Open Meeting Act, with specified exceptions, requires that all meetings of a state body be open and public and all persons be permitted to attend. The Bagley-Keene Open Meeting Act defines the term "meeting" to include any congregation of a majority of the members of a state body at the same time and place to hear, discuss, or deliberate upon any item that is within the subject matter jurisdiction of the state body and specifically prohibits such a majority, outside of a meeting authorized by that act, from using a series of communications of any kind, directly or through intermediaries, to discuss, deliberate, or take action on any item of business that is within the subject matter of the state body.
This bill would exempt the advisory committee from the prohibition on serial communications outside of an authorized meeting. The bill would also specify that the committee member representing the Legislative Analyst's Office is a nonvoting member.
Existing constitutional provisions require that a statute that limits the right of access to the meetings of public bodies or the writings of public officials and agencies be adopted with findings demonstrating the interest protected by the limitation and the need for protecting that interest.
This bill would make legislative findings to that effect.
(6) Existing law requires the State Air Resources Board to adopt and implement motor vehicle emission standards, in-use performance standards, and motor vehicle fuel specifications for the control of air contaminants and sources of air pollution that the state board has found to be necessary, cost effective, and technologically feasible.
Existing law requires the state board to achieve the maximum degree of emissions reduction possible from vehicular and other mobile sources to accomplish the attainment of the state standards and requires the state board to adopt standards and regulations that will result in the most cost-effective combination of control measures on all classes of motor vehicles and motor vehicle fuel.
Existing law authorizes the state board to adopt a schedule of annual fees for the certification of motor vehicles and engines sold in the state to cover the costs of specified state programs relating to air pollution from mobile sources not to exceed a specified collected amount each year, as specified, and would require those fees be deposited in the Air Pollution Control Fund. Existing law authorizes the state board to adopt a schedule of fees to cover all or a portion of the state board's reasonable costs for the certification, audit, and compliance of off-road or nonvehicular engines and equipment, aftermarket parts, and emissions control components sold in the state, and requires all moneys collected by the state board as part of that schedule of fees to be deposited in the Certification and Compliance Fund.
The California Global Warming Solutions Act of 2006 authorizes the state board to adopt rules and regulations to achieve the maximum technologically feasible and cost-effective greenhouse gas emissions reductions from sources or categories of sources, as specified. The act authorizes the state board to adopt a schedule of fees to be paid by sources of greenhouse gas emissions and requires those fees be deposited into the Cost of Implementation Account in the Air Pollution Control Fund.
This bill would, with respect to motor vehicles and engines, authorize the state board to adopt a schedule of annual fees for the certification, audit, and compliance of motor vehicles and engines sold in the state to cover the state board's reasonable costs in implementing the certification, audit, and compliance programs. The bill would eliminate the maximum amount of fees related to motor vehicles and engines collected annually. The bill would authorize the state board to adjust the fees by the annual change in the Consumer Price Index. The bill would require the fees for the certification, audit, and compliance programs for motor vehicles and engines, and for off-road or nonvehicular engines and equipment, aftermarket parts, and emissions control components adopted under the act to be deposited into the Certificate and Compliance Fund.
(7) Existing law requires all moneys, except for fines and penalties, collected by the State Air Resources Board from the auction or sale of allowances as part of a market-based compliance mechanism to be deposited in the Greenhouse Gas Reduction Fund.
Existing law requires the state board, by October 1, 2018, to prepare and update, at least once every 5 years, a statewide strategy to reduce emissions of toxic air contaminants and criteria air pollutants in communities affected by a high cumulative exposure burden. Existing law requires the state board to select locations around the state for the preparation of community emissions reduction programs, and to provide grants to community-based organizations for technical assistance and to support community participation in the programs. Existing law requires an air quality management district or air pollution control district containing a selected location, within one year of the state board's selection, to adopt a community emissions reduction program.
This bill would specify that funds made available by an appropriation from the Greenhouse Gas Reduction Fund to reduce mobile and stationary sources of criteria air pollutants consistent with the community emissions reduction programs are available to an air district, as distributed by the state board, for projects that complement and further the rules and regulatory requirements that the state board and air district have established or are in the process of developing to reduce or mitigate emissions from mobile and stationary sources in affected communities, as provided. The bill would specify projects that are eligible for funding from those funds. The bill would require the state board, by March 1 of each year, to report to the Legislature on the use of those funds in the prior fiscal year.
(8) The Surface Mining and Reclamation Act of 1975 governs surface mining operations and the reclamation of mined lands. Existing law requires moneys from mining activities on federal lands disbursed by the United States each fiscal year to this state to be deposited in the Surface Mining and Reclamation Account in the General Fund in an amount equal to the appropriation for the Surface Mining and Reclamation Act of 1975 contained in the annual Budget Act for that fiscal year, which is authorized to be expended, upon appropriation by the Legislature, for the purposes of that act.
This bill would require the amount to be deposited into the Surface Mining and Reclamation Account to include any statewide general administrative costs assessed to the account for that fiscal year.
(9) Existing law establishes in the Natural Resources Agency the Department of Forestry and Fire Protection (CAL-FIRE) . Existing law requires the department to be responsible for, among other things, fire protection, fire prevention, maintenance and enhancement of the state's forest, range, and brushland resources, contract fire protection, associated emergency services, and assistance in civil disasters and other nonfire emergencies.
This bill would establish the CAL-FIRE Infrastructure Projects Revolving Fund in the State Treasury, and would require, upon the approval of the Department of Finance, the transfer of any money appropriated by the Legislature for encumbrance or expenditure on specified projects CAL-FIRE is authorized to perform. The bill would require CAL-FIRE to keep a specified record regarding the moneys in the fund. The bill would require CAL-FIRE to submit an annual report regarding the fund to the Department of Finance, as provided.
(10) Existing law requires the Department of Forestry and Fire Protection to provide fire prevention and firefighting implements and apparatus, and organize fire crews and other services, related to the prevention and control of forest fires.<