This is the property of the Daily Journal Corporation and fully protected by copyright. It is made available only to Daily Journal subscribers for personal or collaborative purposes and may not be distributed, reproduced, modified, stored or transferred without written permission. Please click "Reprint" to order presentation-ready copies to distribute to clients or use in commercial marketing materials or for permission to post on a website. and copyright (showing year of publication) at the bottom.

Jan. 5, 2022

PUBLIC RESOURCES

• 2021 Assembly Public Resources Laws

• AB 63 (Petrie-Norris) This bill adds restoration and monitoring to the list of authorized activities by the designating entity or managing agency in a State Marine Conservation Area (SMCA). act to amend Section 36710 of the Public Resources Code, relating to marine resources.

• AB 72 (Petrie-Norris) Enacts the Coastal Adaptation Permitting Act of 2021. Requires the Natural Resources Agency (NRA) to explore, and authorizes it to implement, options to establish a more coordinated and efficient regulatory review and permitting process for coastal adaptation projects that use natural infrastructure. act to add Section 71160 to the Public Resources Code, relating to environmental protection.

• AB 148 (Committee on Budget) This bill is the omnibus Resources budget trailer bill. It contains provisions necessary to implement the 2021 Budget Act. act to amend Section 2782.6 of the Civil Code, to add Section 5122.5 to the Corporations Code, to amend Sections 17210 and 17213 of the Education Code, to amend Sections 1348, 1350, 1352, 1745.1, and 1745.2 of the Fish and Game Code, to add Section 569.5 to the Food and Agricultural Code, to amend Sections 8670.2, 8670.3, 8670.40, 15472, 15473, 15475, and 65850.2 of, to add Sections 15475.1, 15475.2, 15475.4, 15475.5, and 15475.6 to, and to add and repeal Section 16428.92 of, the Government Code, to amend Sections 13143.9, 25501, 25503, 25504, 25506, 25507, 25507.1, 25510, 25510.1, 25516, 25517, 25531.2, 25532, 25533, 25534, 25534.05, 25534.06, 25534.5, 25535, 25535.1, 25535.2, 25535.5, 25536, 25536.6, 25536.9, 25537, 25537.5, 25538, 25539, 25541.5, 25542, 25543, 25543.1, 25543.2, 25543.3, and 25545 of, to add Section 41855.8 to, and to add and repeal Chapter 4.7 (commencing with Section 116773) of Part 12 of Division 104 of, the Health and Safety Code, to amend Section 7856 of the Labor Code, to amend Sections 5011, 8750, 14515.8, 14571.9, 14581, 21151.4, 21151.8, 25620.8, 25711.5, and 41821 of, and to add and repeal Section 5010.2.5 of, the Public Resources Code, to amend Sections 270, 282, 895, 8385, 8386, 8386.1, 8386.3, 8386.5, and 8389 of the Public Utilities Code, to amend Sections 46001.5, 46007, 46008, 46011, 46017, 46021, 46023, 46028, 46053, 46101, 46151, and 46751 of, and to add Sections 46024 and 46025 to, the Revenue and Taxation Code, and to amend Section 81023 of, and to add and repeal Article 6 (commencing with Section 13198) of Chapter 3 of Division 7 of, the Water Code, relating to public resources, and making an appropriation therefor, to take effect immediately, bill related to the budget.

• AB 223 (Ward) Makes it a misdemeanor to uproot, harvest or cut dudleya from state or local government property or from private property without permission and to sell, export, or purchase dudleya that was taken illegally. act to add Section 2024 to the Fish and Game Code, relating to wildlife.

• AB 271 (Robert Rivas) This bill allows the Santa Clara Valley Water District to award contracts on a best value basis for any construction work to improve the safety of the Leroy Anderson Dam and Reservoir. act to add Section 21163 to the Public Contract Code, relating to public contracts.

• AB 315 (Stone) Provides indemnity and limited liability protections to real property owners who voluntarily permit a state-funded project to restore fish and wildlife habitat to take place on their real property. act to add Chapter 6.6 (commencing with Section 1660) to Division 2 of the Fish and Game Code, relating to fish and wildlife.

• AB 431 (Patterson) This bill extends the sunset date, from January 1, 2022 to January 1, 2026, for the exemption from the requirement to complete a timber harvest plan (THP) for maintaining defensible space between 150 feet and 300 feet from a habitable structure. act to amend Section 4584 of the Public Resources Code, relating to forestry.

• AB 442 (Mayes) Authorizes, until January 1, 2026, the Metropolitan Water District of Southern California (Metropolitan) to prepare a single master reclamation plan, known as the Metropolitan Reclamation Plan (plan), for its earth moving operations conducted on lands it owns or leases, or upon which easements or rights-of way were granted to Metropolitan. act to amend Section 2714 of, and to add and repeal Section 2715.6 of, the Public Resources Code, relating to surface mining.

• AB 504 (McCarty) This bill clarifies the requirements for recycling bins and organic bins in restaurants that are buffet style or self-service and in entertainment park food facilities. act to amend Sections 42649.1, 42649.2, 42649.8, 42649.81, and 42649.82 of the Public Resources Code, relating to solid waste.

• AB 614 (Aguiar-Curry) Raises both the duck and upland game bird hunting validation fees by $10 to fund the Nesting Bird Habitat Incentive Program (Nesting Bird Program) that pays landowners to adopt practices that enhance nesting bird habitat and makes minor changes to the California Winter Rice Habitat Incentive Program (Winter Rice Program). act to amend Sections 3469, 3480, 3682.1, 3684, 3700.1, and 3701 of, and to add Section 3467.5 to, the Fish and Game Code, relating to wildlife habitat.

• AB 642 (Friedman) This bill is an omnibus fire prevention bill that makes various changes to support cultural and prescribed fire, including the creation of a Cultural Burning Liaison at the Department of Forestry and Fire Protection (CAL FIRE), and requires a proposal for creating a prescribed fire training center in California. act to amend Sections 51178 and 51178.5 of, and to amend the heading of Chapter 6.8 (commencing with Section 51175) of Part 1 of Division 1 of Title 5 of, the Government Code, to amend Section 13140.5 of the Health and Safety Code, and to amend Sections 4114.3, 4477, 4483, 4493, and 4494 of, to add Sections 703, 4002.4, 4002.6, and 4742 to, and to add and repeal Section 4204.1 of, the Public Resources Code, relating to wildfires.

• AB 692 (Waldron) This bill extends the deadline to liquidate grant funds for the Lake Wohlford Dam project from June 30, 2023, to June 30, 2028. act relating to flood management, and making an appropriation therefor.

• AB 697 (Chau) Requires the Natural Resources Agency (NRA) to establish a Good Neighbor Authority Program (program) for the purposes of conducting ecological restoration and fire resiliency projects on national forest lands. act to amend Section 4810 of, to amend the heading of Chapter 6 (commencing with Section 4810) of Part 2.5 of Division 4 of, and to add Sections 4811 and 4812 to, the Public Resources Code, relating to forestry.

• AB 781 (Daly) This bill authorizes the state to provide flood subvention funding to the County of Orange for the Westminster, East Garden Grove, California Flood Risk Management project, as specified. act to add Section 12687.6 to the Water Code, relating to water.

• AB 804 (Megan Dahle) Requires, rather than authorizes, the Director of the Department of Fish and Wildlife (DFW) to establish two free hunting days per year no later than July 1, 2023. act to amend Section 3040 of the Fish and Game Code, relating to hunting.

• AB 817 (Wood) Authorizes the Director of the Department of Fish and Wildlife (DFW) to allow for the issuance of sport fishing licenses that expire 12 consecutive months after the date of issue, in addition to existing calendar year licenses, and require two separate reports to the Legislature related to sport fishing license fees and implementation of the provisions of this bill. act to amend Section 7150 of, to amend, repeal, and add Section 7149.05 of, and to add Section 1050.4 to, the Fish and Game Code, relating to sport fishing.

• AB 818 (Bloom) Requires covered nonwoven disposable wipes, by July 1, 2022, to be labeled clearly and conspicuously to communicate that they should not be flushed, and prescribes specified “Do Not Flush” symbols, size, and location requirements for the label; establishes enforcement provisions; establishes a consumer education and outreach program, as specified, and sunsets the consumer outreach program on December 31, 2026; and sunsets the bill on January 1, 2027. act to add Part 9 (commencing with Section 49650) to Division 30 of, and to repeal Section 49652 of, the Public Resources Code, relating to solid waste.

• AB 819 (Levine) Requires California Environmental Quality Act (CEQA) notices and environmental review documents to be filed electronically and posted online. act to amend Sections 21080.4, 21082.1, 21091, 21092, 21092.2, 21092.3, 21108, 21152, and 21161 of the Public Resources Code, relating to environmental quality.

• AB 881 (Lorena Gonzalez) Establishes standards for mixed plastic waste that is exported for recycling in order to be credited toward a local jurisdiction’s solid waste diversion rate. act to amend Section 41821.5 of, and to add Section 41781.4 to, the Public Resources Code, relating to solid waste.

• AB 959 (Mullin) Authorizes specified regional park and open-space districts to adopt ordinances for the purposes of abating nuisances. act to add Section 5558.5 to the Public Resources Code, relating to park districts.

• AB 962 (Kamlager) Specifies that reusable beverage containers can be included in the California Beverage Container Recycling and Litter Reduction Act (Bottle Bill) if the processor transfers the empty container to a washer approved by the Department of Resources Recycling and Recovery (CalRecycle). act to amend Section 14539 of, and to add Sections 14525.1 and 14576 to, the Public Resources Code, relating to solid waste.

• AB 1183 (Ramos) Establishes the California Desert Conservation Program (Program) at the Wildlife Conservation Board (WCB) to acquire, preserve, restore, and enhance desert habitat within the California deserts region. act to add Chapter 4.4 (commencing with Section 1450) to Division 2 of the Fish and Game Code, relating to desert conservation.

• AB 1201 (Ting) Expands product-labeling requirements related to biodegradability and compostability from plastic products to all products. act to amend Sections 42356, 42356.1, and 42357 of, and to amend the heading of Chapter 5.7 (commencing with Section 42355) of Part 3 of Division 30 of, the Public Resources Code, relating to solid waste.

• AB 1276 (Carrillo) Expands and revises statute that limits the distribution of single-use plastic straws to only upon-request by a consumer to apply to all single-use condiments and food serviceware distributed by food facilities or third-party food delivery platforms (platforms). act to amend Sections 42270 and 42271 of, to amend the heading of Chapter 5.2 (commencing with Section 42270) of Part 3 of Division 30 of, and to add Sections 42272 and 42273 to, the Public Resources Code, relating to solid waste.

• AB 1311 (Wood) Expands beverage container redemption opportunities under the California Beverage Container Recycling and Litter Reduction Program (Bottle Bill). act to amend Sections 14514.4.1, 14525.5.1, 14538, 14570, 14571, and 14571.5 of, and to add Sections 14503.5.1 and 14572.1 to, the Public Resources Code, relating to recycling.

• AB 1390 (Boerner Horvath) Modernizes laws related to the selling and leasing of the State Lands Commission›s (SLC) school lands including allowing SLC to sell or lease state lands without maintaining an easement if it determines that selling or leasing the lands without the easement is in the best interests of the state. act to amend Sections 6373, 6477, 8709, and 8712 of, to add Section 6210.6 to, and to repeal Sections 6201.5 and 6205 of, the Public Resources Code, relating to state lands.

• AB 1570 (Committee on Natural Resources) This committee omnibus bill makes necessary technical and clarifying changes to statutes affecting the California Department of Forestry and Fire Protection (CAL FIRE), the State Coastal Conservancy (SCC), and the California Department of Resources Recycling and Recovery (CalRecycle). act to amend Sections 4740, 4741, 31108, 42282, and 42370.1 of the Public Resources Code, relating to public resources.

• SB 1 (Atkins) This bill establishes the California Sea Level Rise Mitigation and Adaptation Act of 2021 and creates the California Sea Level Rise State and SB 1 Regional Support Collaborative (collaborative) at the Ocean Protection Council to help coordinate and fund state efforts to prepare for sea level rise associated with climate change, among other things. act to amend Sections 30001.5, 30501, and 71116 of, to add Section 30421 to, to add Article 8 (commencing with Section 30270) to Chapter 3 of Division 20 of, and to add Division 20.6.5 (commencing with Section 30970) to, the Public Resources Code, relating to coastal resources.

• SB 7 (Atkins) This bill re-establishes the expedited California Environmental Quality Act (CEQA) administrative and judicial review procedures in the Jobs and Economic Improvement Through Environmental Leadership Act (Leadership Act) for “environmental leadership development projects” (Leadership Projects) for four years. Additionally, this bill expands the Leadership Act to include smaller housing projects. act to add and repeal Chapter 6.5 (commencing with Section 21178) of Division 13 of the Public Resources Code, relating to environmental quality, and declaring the urgency thereof, to take effect immediately.

• SB 44 (Allen) This bill establishes, until January 1, 2025, expedited administrative and judicial review of environmental review and approvals granted for “environmental leadership transit projects” (ELTPs) located within the County of Los Angeles that meet specified requirements. act to add and repeal Section 21168.6.9 of the Public Resources Code, relating to environmental quality.

• SB 63 (Stern) This bill makes multiple changes to state law to enhance fire prevention efforts by the California Department of Forestry and Fire Prevention, including among other things, improved vegetation management, and expanding the areas where enhanced fire safety building standards apply. act to amend Sections 51177, 51178, 51178.5, 51182, and 51189 of the Government Code, to amend Section 13108.5 of the Health and Safety Code, and to amend Sections 4124.5 and 4291 of, and to add and repeal Sections 4123.8, 4291.5, and 4291.6 of, the Public Resources Code, relating to fire prevention.

• SB 68 (Becker) This bill (1) requires the California Energy Commission (CEC) to develop and publish guidance on best practices to help reduce barriers for building owners to transition to electric equipment and appliances, and install electric vehicle (EV) charging equipment; and (2) authorizes awarding of moneys from an existing grant program, funded by surcharges on energy ratepayer utility bills, for technological advancements that reduce the costs of electrifying building-related applications. act to amend Section 25711.5 of, and to add Section 25233.5 to, the Public Resources Code, relating to electricity.

• SB 80 (McGuire) This bill institutes numerous changes to the commercial Dungeness and rock crab fisheries, including the establishment of eviscerated crab fisheries, among other provisions. act to amend Sections 5523, 8276.4, 8276.5, 8279.1, 8280.3, and 8283 of, and to add Sections 7711 and 8285 to, the Fish and Game Code, and to add Article 15 (commencing with Section 111224) to Chapter 5 of Part 5 of Division 104 of the Health and Safety Code, relating to commercial fishing, and declaring the urgency thereof, to take effect immediately.

• SB 84 (Hurtado) This bill revises and enhances the legislative reporting requirements of the California Geologic Energy Management Division’s idle oil and gas well program and related matters. act to amend Sections 3206.3, 3237, and 3258 of the Public Resources Code, relating to oil and gas wells.

• SB 155 (Committee on Budget and Fiscal Review) This bill is the omnibus Resources budget trailer bill, and contains provisions necessary to implement the 2021 Budget Act. act to amend Section 49015 of the Food and Agricultural Code, to amend Sections 11553.5, 63048.92, 63048.93, 63048.94, and 63048.95 of, and to add and repeal Section 12805.9 of, the Government Code, to amend Sections 39719, 43018.9, 44270.3, 44271, 44272, 44272.5, 44273, 116766, 116767, and 116773.4 of, to amend the heading of Article 2 (commencing with Section 44272) of Chapter 8.9 of Part 5 of Division 26 of, and to add Section 44271.5 to, the Health and Safety Code, to amend Sections 5090.15, 42012, 42013, 42014, 42019, 42020, 42023.1, 42023.4, 42024, and 42999 of, to add Sections 5090.42, 21166.2, 31103.1, and 42025 to, to add and repeal Sections 14571.6.1 and 21080.56 of, and to repeal Sections 42011, 42015, 42016, 42017, 42018, and 42021 of, the Public Resources Code, to amend Section 2827.10 of the Public Utilities Code, and to amend Sections 5001, 5101, 5104, and 5202 of the Water Code, relating to public resources, and making an appropriation therefor, to take effect immediately, bill related to the budget.

• SB 208 (Dahle) This bill expands the boundaries of the Sierra Nevada Conservancy (SNC) to include additional specified watersheds within Siskiyou, Shasta, and Trinity Counties and redefines the North Sierra subregion. It also requires SNC to make recommendations to the Legislature on potential changes to its subregions, board, and name to reflect the new boundaries of the SNC. act to amend Section 33302 of, and to amend, repeal, and add Section 33350 of, the Public Resources Code, relating to resource conservation.

• SB 266 (Newman) This bill requires the Department of Parks and Recreation (State Parks) to provide assistance in acquiring and accepting land immediately adjacent to, and that expands, Chino Hills State Park (Park). act to add Section 5015.8 to the Public Resources Code, relating to state parks.

• SB 268 (Archuleta) This bill makes changes to the board of directors for the Lower Los Angeles River Recreation and Park District (LLAR District) and the Lower San Gabriel River Recreation and Park District (LSGR District), and makes additional changes to district formation. act to amend Sections 5795.10, 5796, 5796.10, and 5796.20 of the Public Resources Code, relating to parks and recreation.

• SB 272 (Laird) This bill increases the age of eligibility to enroll in a certified community conservation corps from 18-25 to 18-26; and makes changes to specified codes to use gender-neutral language. This is an urgency measure. act to amend Sections 1635, 1638, 1638.5, 1639.1, 1651, 1652, 1666, 1666.5. 1678, 1679, 1681, 1683, 1693, 1708, 1718, 1724.5, 1725, 1725.5, 1729, 1730, 1733, 1734, 1734.5, 1735.5, 1738, 1741, 1747, 1748.5, 1749.1, 1749.6, 1751.7, 1758.65, 1758.692, 1758.7, 1758.74, 1758.76, 1758.92, and 1758.95 of the Insurance Code, to amend Sections 737, 752, 757, 764, 765, 774, 777, 778, 781, 783, 4033, 4114.5, 4136, 4142.1, 4151, 4152, 4153, 4156, 4157, 4165, 4166, 4172, 4175, 4176, 4179.5, 4181, 4253, 4255, 4256, 4291.3, 4295.5, 4297, 4331, 4416, 4421, 4422, 4423.1, 4432, 4433, 4436, 4582, 4582.6, 4582.7, 4586, 4588, 4593.3, 4594.4, 4602.5, 4608, 4625, 4646, 4648, 4674, 4703, 4714, 4718, 4854, 4855, 12260, 14000, 14300, 14302, 14304, and 14507.5 of the Public Resources Code, and to amend Sections 2107, 2259.5, 2262, 2403, and 2404 of the Vehicle Code, relating to state government, and declaring the urgency thereof, to take effect immediately.

• SB 273 (Hertzberg) This bill authorizes a municipal wastewater agency to acquire, construct, expand, operate, maintain, and provide facilities to manage stormwater and dry weather runoff. act to add Chapter 11.5 (commencing with Section 13910) to Division 7 of the Water Code, relating to water quality.

• SB 343 (Allen) This bill tightens the requirements around the permissible use of the “chasing arrows” recycling symbol and when claims regarding recyclability can be made, and requires the Department of Resources Recycling and Recovery (CalRecycle) to publish the types and forms of recyclable products and packaging. act to amend Sections 17580 and 17580.5 of the Business and Professions Code, and to amend Sections 18015 and 42355.5 of, and to add Section 42355.51 to, the Public Resources Code, relating to environmental advertising.

• SB 369 (Pan) This bill establishes the Yolo Bypass Cache Slough Partnership Multibenefit Program to support the development and implementation of projects within the Yolo Bypass and Cache Slough region. act to add Part 3.5 (commencing with Section 8510) to Division 5 of the Water Code, relating to flood control.

• SB 433 (Allen) This bill extends the California Coastal Commission’s existing authority to impose administrative civil penalties for public access violations of the Coastal Act to all violations of the Coastal Act, as provided. act to add Section 30821.3 to the Public Resources Code, relating to coastal resources.

• SB 456 (Laird) This bill requires the implementation and regular updating of the Wildfire and Forest Resilience Task Force’s recently-released “California’s Wildfire and Forest Resilience Action Plan,” the alignment of the Action Plan’s goals and key actions within the state’s climate adaptation and resiliency framework, as provided, and annual reporting of progress, among other things. act to amend Section 4005 of, and to add Article 11 (commencing with Section 4770) to Chapter 10 of Part 2 of Division 4 of, the Public Resources Code, relating to fire prevention.

• SB 496 (Laird) This bill authorizes the state to pay up to 100 percent of specified costs for the Pajaro River Project, upon specific findings. act to amend Section 12687.5 of the Water Code, relating to water.

• SB 552 (Hertzberg) This bill enacts many of the recommendations in the final “Small Water Systems and Rural Communities Drought and Water Shortage Contingency Planning and Risk Assessment” report. act to add Part 2.56 (commencing with Section 10609.50) to Division 6 of the Water Code, relating to water.

• SB 619 (Laird) This bill authorizes a local jurisdiction facing continuous violations of the regulations adopted pursuant to SB 1383 (Lara, Chapter 395, Statutes of 2016) to submit a notice of intent to comply (NOI) to the Department of Resources Recycling and Recovery (CalRecycle). If approved by CalRecycle, the jurisdiction is eligible for administrative civil penalty relief for the 2022 calendar year and a corrective action plan. act to amend Section 42652.5 of the Public Resources Code, relating to solid waste.

• SB 626 (Dodd) This bill authorizes the Department of Water Resources to use the design-build and Construction Manager/General Contractor project delivery methods for facilities of the State Water Project, excluding through-Delta conveyance, as specified. act to amend Sections 10187.5 and 10190 of, and to add and repeal Article 1.1 (commencing with Section 10112) and Article 6.5 (commencing with Section 10200) of Chapter 1 of Part 2 of Division 2 of, the Public Contract Code, and to add and repeal Sections 147.1 and 148 of the Water Code, relating to water resources.

• SB 709 (Dahle) This bill authorizes up to two 2-year extensions for a timber harvest plan approved between January 1, 2014, and December 31, 2015, if specified conditions are met. act to amend Section 4590 of the Public Resources Code, relating to forestry, and declaring the urgency thereof, to take effect immediately.

• SB 716 (McGuire) This bill extends the sunsets of the Habitat Restoration and Enhancement Act, and the ability of certain entities that manage mitigation lands to qualify to manage endowments for those lands in specified circumstances until January 1, 2027. act to amend Sections 1656 and 1657 of the Fish and Game Code, and to amend Section 65968 of the Government Code, relating to land use.

• SB 790 (Stern) This bill authorizes the California Department of Fish and Wildlife to approve compensatory mitigation credits for certain wildlife connectivity actions that measurably improve habitat connectivity or wildlife migration, such as adding an overpass or underpass for a roadway, as provided. act to add Chapter 13.5 (commencing with Section 1955) to Division 2 of the Fish and Game Code, relating to fish and wildlife.

• SB 796 (Bradford) This bill requires the Director of Parks and Recreation, by December 31, 2021, to execute a deed amendment to exclude Bruce’s Beach, a portion of land within Manhattan State Beach, from the requirement to use the property for recreational purposes only. This bill authorizes Los Angeles County to sell, transfer, or encumber Bruce’s Beach, upon terms and conditions determined by the county board of supervisors to be in the best interest of the county and the general public. act to amend Section 5002.6 of the Public Resources Code, relating to state parks, and declaring the urgency thereof, to take effect immediately.

• SB 821 (Committee on Natural Resources and Water) This bill re-establishes the independence of the Delta Independent Science Board (DISB) by providing its members are not state employees and specifying the DISB member’s contracted rate of hourly compensation. act to amend Sections 85213 and 85280 of the Water Code, relating to water, and declaring the urgency thereof, to take effect immediately.

• SB 822 (Committee on Natural Resources and Water) This bill makes various consensus, or technical and clarifying, changes to statutes under the Senate Natural Resources and Water Committee’s jurisdiction affecting the California Department of Fish and Wildlife and the State Lands Commission. act to add Section 5504 to the Fish and Game Code, and to amend Section 71205.3 of the Public Resources Code, relating to marine resources.

#365606

For reprint rights or to order a copy of your photo:

Email Jeremy_Ellis@dailyjournal.com for prices.
Direct dial: 213-229-5424

Send a letter to the editor:

Email: letters@dailyjournal.com