2002 Legislative Recap - Election Year Restraint

By Gary A. Lucks JD*

Copyright 2002 © All Rights Reserved

This article was originally published in the CALIFORNIA ENVIRONMENTAL LAW REPORTER (Matthew Bender). Permission to reprint is hereby granted by the publisher.

Preoccupied by the 2002 election, neither the Governor nor the Legislature wanted to rock the boat. With the exception of groundbreaking legislation curbing greenhouse gases, the 2002 legislative session closed with noncontroversial environmental legislation designed to protect the public from the risk of terrorism and to further stabilize the energy market while promoting renewable energy. Having exhausted most of the fiscal tricks to balance the 2003 fiscal budget, there was little money available to support new environmental programs except for efforts to forestall the spread of Sudden Oak Death Syndrome. Nonetheless, a number of environmental bills were approved during 2002. These laws, described below, become effective (unless approved as an urgency measure) on January 1, 2003.

Hazardous Waste and Hazardous Materials

Perhaps the kamikaze crash of an 18-wheeler truck into the California State Capitol building in 2001 by an irate truck driver served as a harbinger of the international terror to come. Since then, the Legislature passed a flurry of antiterrorism initiatives designed to minimize and prevent hazardous chemicals from getting in the hands of terrorists. Several bills were enacted to minimize the risks associated with transport of hazardous wastes and hazardous materials. Senate Bill (SB) 489 (Romero) requires the California Department of Toxic Substances Control (DTSC) to develop a list of hazardous wastes that present potential risk to the public should they be acquired by criminals or terrorists. DTSC must assign minimum "reportable quantities" for which a hazardous waste transporter or owner or operator of a treatment, storage, or disposal facility (TSDF) must immediately notify DTSC should these wastes be found to be missing in quantities exceeding the reportable limit.

This law also requires that applicants seeking permits for a TSDF permit, a "tiered" hazardous waste treatment permit, or authorization to transport hazardous waste be required to submit a specified disclosure statement to DTSC (due by January 1, 2004). DTSC is required to conduct background checks within 180 days of receiving the disclosure statement. Finally, applicants for TSDF permits must provide fingerprint images, which DTSC must submit to the Department of Justice (DOJ) to be cross-checked against criminal databases.

SB 1257 (Murray) is intended to complement federal law designed to promote public safety in transporting hazardous materials. This legislation requires that generators of hazardous waste and operators responsible for loading hazardous waste ensure that the transporter possesses the appropriate class of driver's license and other endorsements demonstrating that the driver is lawfully authorized to operate the vehicle with its intended load. This law also expands the authority of the California Highway Patrol (CHP) to adopt regulations governing the transport of compressed or liquefied hydrogen gas or liquid fuels that generate hydrogen gas.

Other provisions of SB 1257 require a working two-way communications device and increased inspection frequency by CHP for motor carriers of hazardous materials. Further, SB 1257 eliminates an exemption from licensing requirements, which was previously available to registered haulers of hazardous waste. Registered hazardous waste transporters must now comply with specified licensing requirements and be subject to inspection by CHP to validate use of specified vehicle equipment.

Assembly Bill (AB) 2687 (Maldonado) was enacted to manage the risk of illegal dumping of hazardous materials by authorizing the CHP or a local agency to restrict or prohibit transportation of hazardous materials on highways located within the watershed of a drinking water reservoir.

In order to enhance an emergency response to a release of radioactive iodine from one of California's two nuclear power plants, AB 2067 (Nakano) requires the Department of Health Services (DHS) in conjunction with the Office of Emergency Services (OES) to develop and implement a program to promptly distribute potassium iodine tablets following such an incident. The purpose of the program is to supply the tablets to all persons who reside, work, or attend school within a specified distance of the San Onofre Nuclear Generation Station near San Clemente and the Diablo Canyon Nuclear Power Plant located near San Luis Obispo.

Other new laws address hazardous materials outside the purview of terrorism. SB 1922 (Romero) carves out an exemption from hazardous waste manifesting and registration requirements for public utilities, local publicly owned utilities, and municipal utilities that transport a single shipment of up to 5,000 gallons of mineral oil (generated from transformers, circuit breakers, or capacitors). The exemption is available as long as the oil does not fail the hazardous waste test for toxicity.

SB 1011 (Sher) allows wastes generated from a curbside household hazardous waste (HHW) program to be managed under the more relaxed "universal waste" requirements; however, SB 1011 prohibits a curbside HHW program from collecting unpackaged mercury and fluorescent light tubes that are four feet long or greater from being managed as universal wastes. As a result, these wastes must be managed as hazardous wastes. This law expands the categories of wastes allowed for curbside collection to include spent lead-acid batteries and antifreeze and increases the number of small batteries that the program can collect. The registered environmental assessor (REA) program was transferred from the Office of Environmental Health Hazard Assessment (OEHHA) to DTSC in order to create program efficiencies. SB 1011 (Sher) also authorizes the DTSC director to audit work performed by any REA and to authorize the denial, suspension, or rescission of the registration if the performance falls below minimum standards.

Lead Hazards

Two bills were approved regulating the abatement of building materials containing lead. SB 460 (Ortiz) authorizes city or county health departments to investigate and enforce against property owners deemed to have untenantable properties due to suspected lead hazards. Local authorities are now empowered to bring proceedings to abate violations involving properties with deteriorated lead-based paint, lead-contaminated dust, lead-contaminated soil and lead thresholds exceeding levels established by DHS regulations [17 Cal. Code Reg. § 35001 et seq.]. Abatement proceedings can require the property owner to repair, rehabilitate, vacate, or demolish an untenantable building. Additionally, SB 460 makes it a crime for businesses to offer lead-related construction courses without first obtaining a certificate from DHS and for not being an accredited training provider. Similarly, this law requires individuals performing lead assessment and abatement services in public schools to have a certificate from DHS.

SB 21 (Escutia) expands the funding opportunities for school districts to identify, control, and abate potential lead exposure hazards at school sites. School districts are now authorized to tap into school bond money, which prior to this legislation was only available for modernization projects. SB 21 further permits school districts to access deferred maintenance funds for inspecting, sampling, and analyzing to assess for the presence of lead-containing materials (LCM) and to manage the LCM.

Global Warming

AB 1493 (Pavley) represents a significant policy departure from the voluntary approach to managing the risk of global warming. This legislation establishes a first-of-a-kind program to combat global climate change. The legislation requires the Air Resources Board (ARB) to develop regulations to achieve "the maximum feasible and cost-effective reduction" of greenhouse gases emitted by passenger vehicles, light-duty trucks, and other noncommercial vehicles. The regulations would not take effect any sooner than January 1, 2006, and they may apply only to model-year 2009 or later motor vehicles. In an effort to cobble together the necessary majority to pass this legislation, the author agreed to a number of concessions by providing that forthcoming regulations must provide flexibility in the means by which compliance is to be achieved. Acceding to other demands, the final bill provides that the upcoming rules may not achieve the reductions by motor vehicle tax surcharges, increased fuel taxes, vehicle miles traveled limits or fees, bans on sport utility vehicle or on minivans, vehicle weight reductions, or speed limit reductions, mandatory trip reduction measures or land use restrictions.

Stats. 2000, SB 1771 (Sher) established the California Climate Action Registry, which provided a mechanism to record and register voluntary greenhouse gas reductions achieved since 1990. That legislation established standards to verify emissions reductions from greenhouse gases and required the establishment of greenhouse gas emissions reduction goals along with efficiency improvement plans. SB 812 (Sher) expands on the SB 1771 program by recognizing that native forests act as "carbon sinks" by absorbing carbon dioxide from the atmosphere. SB 812 therefore adds to the registry participants who conserve native forestlands. It also requires establishment of methods to account for emissions reductions achieved by carbon stores, conservation, and conservation-based management of native forests.

Air Quality and Energy

A number of other traditional laws refining the criteria and air toxics programs were enacted in the 2002 legislative session. Responding to a chorus of criticism concerning the transport of ozone from the San Francisco Bay region, the Central Valley scored a victory with AB 2637 (Cardoza). This bill requires the California Department of Consumer Affairs to implement an enhanced smog check program in the urbanized areas of the San Francisco Bay air basin.

In an effort to reduce diesel emissions generated from idling trucks, AB 2650 (Lowenthal) requires marine terminals to ensure that truck engines not idle for more than 30 minutes while waiting to load or unload. Additionally, AB 2650 requires the Bay Area Air Quality Management District and the South Coast Air Quality Management District to provide grants designed to reduce on-road emissions of particulate matter within communities adjacent to marine terminals or ports.

SB 2053 (Sher) clarifies existing law and requires the California Air Resources Board (ARB) to include the list of hazardous air pollutants established under the federal Clean Air Act on the list of substances designated as toxic air contaminants under the California Air Toxics program (otherwise known as AB 1807 or the "Tanner Act"). Senator Sher was also successful in enacting SB 1572 (Sher). This law expands on recent reforms made in the previous session regarding Proposition 65 settlements and requires private parties seeking a settlement to submit to the Attorney General a reporting form summarizing the results of that settlement and the final disposition of the case.

Indoor Air Quality

AB 1173 (Keeley) requires the ARB to submit a report to the Legislature summarizing the best available scientific information available regarding indoor air pollution, including the potential adverse effects on public health.

Renewable Energy

In the wake of a historic energy shortage that paralyzed the State Capitol in 2001, a number of laws were enacted to build on the previous year's legislative accomplishments. Legislation requiring an increase in renewable energy topped the list of energy legislation in 2002. SB 1078 (Sher) establishes the California Renewables Portfolio Standard Program which requires energy suppliers to purchase a specified minimum percentage of electricity generated by eligible renewable energy resources. SB 1038 (Sher) complements SB 1078 by requiring each electrical corporation to increase its procurement of renewable energy resources by at least 1 percent per year so that 20 percent of its retail sales are procured from eligible renewable energy resources by 2017. The State Energy Resources Conservation and Development Commission (otherwise known as the "CEC") must develop a comprehensive development plan describing the renewable sources of electricity available in California, along with the costs of developing and connecting these resources into the transmission and distribution system. Additionally, the plan must provide recommendations on how at least 20 percent of the electricity will come from renewable sources annually. The California Public Utilities Commission would assist in implementing this program by directing electrical corporations to develop renewable energy procurement plans.

A number of other laws were approved to address solar energy. SB 82 X2 (Murray) was enacted in the previous legislative session (2001) to require retrofitting state buildings with solar energy equipment by 2007 and requiring new state buildings constructed starting in 2003 to be powered by solar energy. AB 1881 (Pescetti) requires that the solar energy equipment meet specified standards and requirements including certification by the Solar Rating Certification Corporation and other applicable safety and performance standards. SB 1372 (Machado) also regulates solar energy by requiring the State Water Resources Control Board (SWRCB) to develop emergency regulations establishing minimum requirements for the design, construction, operation, and closure of solar evaporators. Solar evaporators are exempted from the requirements under the Toxic Pits Cleanup Act and from the requirement to obtain Waste Discharge Requirements pursuant to the Porter-Cologne Water Quality Control Act. SB 1534 (Bowen) requires solar energy systems to meet applicable safety and performance standards such as those established by the National Electrical Code and the Institute of Electrical and Electronics Engineers.

Energy Efficiency

Other legislation addressing the demand side of the energy equation was approved as well. AB 1561 (Kelley) requires the CEC by January 1, 2004, to develop energy efficiency standards for residential clothes washers. Residential clothes washers manufactured on or after January 1, 2007, must be at least as efficient as commercial clothes washers. SB 58 (Keeley) establishes procedures to ensure that customers' requests for net energy metering be processed in a timely manner. The metering is designed to track net energy customers generate.

SB 1269 (Peace) requires project sponsors who have received approval for power projects to commence construction within 12 months and to comply with specified construction and operation milestones. Failure to comply would result in revocation of the license/permit.

Solid Waste/Recycling/Procurement

A number of refinements to the Integrated Waste Management Act (IWMA) became law in 2002. New legislation modifies the penalty structure for noncompliance with the IWMA, addresses the diversion of inert wastes, requires model ordinances for construction and demolition waste, promotes conversion of wastes to asphalt, and modifies the definition of "transformation." AB 1482 (Richman) modifies the penalty structure for regional agencies that fail to implement a source reduction and recycling element for a hazardous waste management. Those cities or counties that serve as a member of a regional agency would only be subject to a penalty based on its respective responsibility for the failure to implement the element. AB 2770 (Matthews) revises the definition of "transformation" as used in the IWMA for purposes of determining diversion goals under the Act's hierarchy for managing wastes. This bill revises the term "transformation" to exclude gasification and requires the Integrated Waste Management Board (IWMB) to study new and emerging conversion technologies such as non-combustion thermal processes like gasification and pyrolysis.

AB 2308 (Chavez) requires cities and counties to deduct inert waste used to mitigate surface mining operations from their annual progress reports addressing wastes diverted from landfills. SB 1374 (Kuehl) requires the IWMB to report on progress achieved in diverting construction and demolition waste materials from landfills. It also requires the IWMB to adopt a model ordinance suitable for use by local agencies to address diversion of construction and demolition waste materials from landfills. SB 1346 (Kuehl) directs the IWMB to award grants to local government agencies for funding public works projects that use rubberized asphalt concrete.

At the outset of this legislative session, a number of bills were expected to modify the "Bottle Bill" (AB 2020, enacted in 1986). In the end, the only bill to emerge was SB 1514 (Torlakson), requiring the Department of Conservation to issue a report providing recommendations to increase beverage container recycling in California's public elementary, middle, and high schools.

AB 498 (Chan) requires the state General Services Agency to assist state agencies in their efforts to purchase environmentally preferable products.

Radioactive Waste

Under the Southwestern Low-Level Radioactive Waste Disposal Compact, California agreed to serve as host to a regional low-level radioactive waste (LLRW) disposal facility. AB 2214 (Keeley) prohibits DHS from issuing a license for the disposal of LLRW unless DHS determines that the siting, design, operation, and closure of the facility meets, among others things, specified federal regulations. Additionally, DHS is prohibited from issuing a license unless it determines that neither the Colorado River nor any other agricultural or drinking water source could be contaminated by radioactive waste resulting in harm to the public health or the environment. Finally, AB 2214 prohibits the proposed Ward Valley radioactive waste disposal site from serving as a candidate disposal site.

SB 2065 (Kuehl) requires generators of LLRW to submit an annual report to DHS. The report must provide information on the weight, type, and containers of LLRW generated and treated.

Hazardous Substances Cleanup and Brownfields

With much of the heavy lifting behind them on hazardous substances clean up and Brownfields, the Legislature managed to turn their attention to fine-tuning and filling in gaps. AB 467 (Strom-Martin) sets aside funds to cover the costs of closing unlined municipal landfills, while SB 1328 (Chesbro) expands funds for a grant program to address cleanup and abatement of illegally disposed "solid waste" on Native American lands.

Other legislation was directed at developing or refining procedures associated with the cleanup process. AB 709 (Wayne) requires DTSC and SWRCB to develop protocols to govern the site investigation and characterization of hazardous substances at burn dump sites. AB 2436 (Frommer) establishes a data gathering system to assist local governments in their efforts to file environmental restrictive covenants on residually contaminated properties. AB 2436 also requires Cal-EPA, IWMB, the SWRCB, and each California regional water quality control board (RWQCB) to maintain a list of all instruments and agreements restricting land uses imposed by those agencies and to display the list on their respective websites. Lastly, this bill requires county recorder offices to send copies of environmental restriction covenants to Cal-EPA for posting on its Web site. SB 1684 (Polanco) deletes the repeal of an immunity established for redevelopment agencies for liability associated with hazardous substances removal and remedial action projects.

Water Supply

With the energy supply crisis waning, the perennial battle over adequate water supplies continued in the halls of the Legislature this year. AB 2717 (Hertzberg) requires the Department of Water Resources (DWR) to convene a water desalination task force to recommend potential use of seawater and brackish water for desalination. The task force is required to evaluate the potential feasibility of and the impediments to use of water desalination projects in California.

To address vulnerabilities resulting from deferred maintenance and the prospect of a major earthquake in the San Francisco Bay area, AB 1823 (Papan) was enacted to, among other things, require the City and County of San Francisco to adopt a capital improvement program and a regional emergency response plan for the regional water supply system that provides water from Hetch Hetchy in Yosemite. AB 2058 (Papan) complements this legislation by establishing the Bay Area Water Supply and Conservation Agency and providing it with authority to issue revenue bonds to pay for repair and maintenance of the regional water supply system.

Under current law, DWR publishes the California Water Plan, which estimates the state water supply and the water needs of the state's urban, environmental, and agricultural uses. Additionally, this plan predicts the potential for water demand reduction uses. To assist DWR in refining its water demand forecasts, AB 2587 (Matthews) requires the State Department of Food and Agriculture (DFA) to provide DWR with a 20-year forecast of the amount of production of food, fiber, livestock, and other farm products.

Water demand is also addressed in SB 1348 (Brulte), which requires DWR to consider whether urban water suppliers are implementing or planning to implement water demand management activities when evaluating grant and loan applications from the Water Conservation Account. This account funds urban water conservation projects. SB 1518 (Torlakson) also addresses water demand by requiring urban water suppliers to describe the effectiveness of recycled water initiatives compared to previously projected uses in their urban water management plans that must be submitted to DWR.

After years of sensitive negotiations between the federal and state governments, agricultural interests and the environmental community, the CALFED Bay Delta program process is nearing an endpoint. After failing to construct a governance structure for CALFED in the past few legislative sessions, the Legislature finally enacted a law addressing this matter with AB 2683 (Canciamilia) and SB 1653 (Costa). These bills created the California Bay-Delta Authority to improve the Bay-Delta ecosystem's water supply reliability, water quality, and the integrity of the levees and channels in the Bay-Delta. Another multi-jurisdictional conflict was resolved via the legislative process with the enactment of AB 2092 (Kelley). This law reconciled the issue of the ever-changing course of the Colorado River whose riverbed defines the sovereignty of California and Arizona.

Under current law, water agencies are required to develop a number of plans, reports, and studies addressing their ability to meet demands and plan for future growth and to implement those plans by constructing water projects, such as water recycling and conservation, flood control, and groundwater storage facilities. SB 1672 (Costa) encourages local water agencies to work cooperatively in their efforts to manage water supplies for regional benefit. The legislation establishes a framework intended to facilitate regional coordination among similarly situated water agencies. This bill establishes a regional water management group and requires it to prepare a regional plan, projects, reports, or studies relating to water supply, water quality, and flood protection.

Water Quality

The Legislature also focused on improving water quality in addition to enhancing water supply. SB 469 (Alpert) is an urgency measure requiring the SWRCB to prepare guidelines for the SWRCB and regional boards for the purpose of listing and delisting impaired waters and implementing the total maximum daily load (TMDL) program pursuant to Section 303(d) of the Federal Clean Water Act. The guidelines are due by July 1, 2003. AB 2534 (Pavley) enacted the Watershed, Clean Beaches, and Water Quality Act, which issues grants to public agencies and nonprofit organizations to implement projects to improve water quality at public beaches, improve water quality monitoring and sewer capability, protect water quality by reducing runoff pollution, and controlling nonpoint source water pollution. This law also appropriates $223.4 million that was generated from the California Clean Water, Clean Air, Safe Neighborhood Parks, and Coastal Protection Act of 2002 (also know as Proposition 40, which was approved on March 5, 2002).

SB 649 (Senate Committee on Environmental Quality) addresses water quality in the context of petroleum and other contaminants generated from recreational watercraft. This law requires the Department of Boating and Waterways to develop regulations to include policies and standards for restrooms, vessel pump-out facilities, oil recycling facilities, and receptacles for the purpose of separating, reusing, or recycling sold waste materials.

SB 1822 (Sher) requires DHS to perform a risk assessment to establish a public health goal for perchlorate, a pollutant commonly discharged from the aerospace industry. Ultimately, DHS would be required to establish a primary drinking water standard for this pollutant by January 1, 2004.

AB 858 (Wiggins) requires the Department of Fish and Game (DFG) to coordinate the study of reduced water flows on spawning on the Russian River and to make the findings a factor in SWRCB granting decisions to appropriate water.

AB 1393 (Thomson) addresses administrative procedural changes for regional water quality control boards. This legislation requires the boards to conduct prehearing conferences, expand the use of hearing panels, and to clarify the conflict-of-interest rules applicable to regional board members.

SB 849 (Torlakson) authorizes collection of fees for nontank marine vessels and extends the expiration date on the authority of the administrator to establish a lower standard of financial responsibility for specified nontank vessels.

Currently, the Orange County Sanitation District enjoys a National Pollutant Discharge Elimination System (NPDES) permit waiver to discharge sanitary sewage to the Pacific Ocean without use of secondary treatment. AB 1969 (Campbell) extends this waiver until 2013.

SB 1513 (Karnette) extends to January 1, 2006, the period in which a lower level of financial responsibility is required for owners and operators of nontank vessel operating on marine waters.

Underground Storage Tanks

Since the 1998 deadline passed for upgrading existing underground storage tanks (USTs), the interest in further regulating USTs seemed to have waned. AB 2481 (Frommer), however, is a noteworthy departure. This law establishes upgrade requirements for new tanks installed after July 1, 2003, and requires these tanks to meet the definition of "product tight" and to have a continuous monitoring system capable of detecting entry of liquid or vapor leaks from the primary to the secondary tank. These upgrade requirements are designed to regulate methyl tertiary butyl ether (MTBE) believed to escape storage as a vapor. Additionally, owners of USTs within 1,000 feet of a drinking water well are required to perform an enhanced leak detection test by January 1, 2005.

SB 526 (Sher) clarifies that in addition to requiring testing for the presence of MTBE in groundwater and areas surrounding USTs, operators must also meet standard cleanup requirements before a closure letter can be issued. Additionally, this law adds the SWRCB and local agencies to the list of agencies that can make a finding that a remediated UST is free of all contamination.

California Environmental Quality Act

A handful of policy changes, mostly administrative in nature, were made to the California Environmental Quality Act (CEQA) last session. AB 1108 (Pavley) clarifies scoping meetings for projects jointly subject to CEQA and the National Environmental Policy Act (NEPA). AB 1108 provides that scoping meetings conducted pursuant to NEPA for projects of statewide, regional, or area wide significance satisfy CEQA as long as notice is provided to interested parties pursuant to CEQA.

AB 3041 (Sher) clarifies in statute that the State Clearinghouse is responsible for distributing CEQA documents to responsible and trustee agencies. Further, AB 3041 codifies the requirement that each lead agency use the Governor's Office of Planning and Research (OPR) to circulate draft environmental impact reports and negative declarations. Finally, this legislation requires lead agencies to provide a sufficient number of copies of each environmental document to OPR for circulation to the appropriate state responsible and trustee agencies.

SB 1415 (Perata) establishes a conditional statutory exception under CEQA for the San Francisco Bay Area Rapid Transit District's seismic retrofit work as long as the district conducts three workshops and other outreach efforts to ensure public awareness of the retrofit project.

Land Use

As California braces for 15 million additional citizens in the next two decades, the Legislature recognizes the need to articulate a vision to address needed infrastructure, housing supply, traffic congestion, and other land use considerations. AB 857 (Wiggins) modifies existing law, which requires the OPR to issue a State Environmental Goals and Policy Report designed to provide a long-term vision addressing land use, population growth, and other environmental considerations. This new law adds the following "smart growth" principles to state planning priorities: to include the promotion of infill development and equity; protection of environmental and agricultural resources; and to encourage efficient development patterns. SB 1808 (McPherson) also tinkers with the State Environmental Goals and Policy Report by requiring OPR to annually report to the Governor and the Legislature on the implementation of the report and to give priority to development of statewide land use policy.

AB 1997 (Thomson) prohibits approval of a tentative map pursuant to the Subdivision Map Act for land subject to an open space easement, agricultural conservation easement, or conservation easement.

Transportation

A potpourri of legislation was approved advancing public transit, congestion management, smart growth initiatives, and noise attenuation. Two initiatives addressing rail transit were approved. AB 666 (Dutra) allows for expedited environmental review for three rail passenger capacity enhancement demonstration projects, while AB 2224 (Nation) creates the Sonoma-Marin Rail Transit (SMART) District. The SMART district authorizes the district to own, operate, manage, and maintain a passenger rail system.

AB 2535 (Diaz) requires the Department of Transportation (DOT) to collect, analyze, and summarize highway congestion data and make it available to the California regional transportation planning agencies, congestion management agencies, and transit agencies. Recognizing the link between traffic congestion and land use, SB 1636 (Figueroa) defines an "infill opportunity zone" for purposes of developing or updating a congestion management program for urbanized areas. AB 2582 (Chu) authorizes operation of paratransit vehicles on exclusive and preferential use lanes already available for high-occupancy vehicles.

AB 2751 (Pavley) requires DOT to test a demonstration noise attenuation barrier made of rice straw to determine the feasibility and effectiveness of using this material, which is readily available due to the phase out of rice burning activities in the Sacramento Valley in the 1990s.

Natural Resources, Cultural, and Historical Resources

In a lean budget year, the Legislature came through with funding to combat the spread of Sudden Oak Death Syndrome (SODS or (Phytophthora ramorum) for which there is no known cure. The rapid expansion of the disease across the north and central coasts of California along with its spread across species into Redwood habitat has alarmed scientists and the public alike. AB 2251 (Nation), an urgency measure, requires the Department of Forestry with the help of the Department of Food and Agriculture to implement a program designed to detect, remove, and treat trees infected with SODS and to encourage tree management and replanting to prevent increased risk of forest fires due to dead wood.

AB 2783 (Strom-Martin) provides funds for preserving wildlife by extending the Steelhead Trout Catch Report-Restoration Card Program for five years. This program allows taxpayers to contribute money in amounts exceeding their tax liability to the Endangered and Rare Fish, Wildlife, and Plant Species Conservation and Enhancement Account.

The Natural Community Conservation Planning Act (NCCPA) was repealed and replaced with a wholesale reform of the Act by SB 107 (Sher). The newly enacted NCCPA still provides an alternative to the state and federal Endangered Species Acts (ESA), which provides a species-by-species and project-by-project approach to managing threatened and endangered species. The new Act requires the DFG to establish public participation throughout the process. Additionally, the new NCCPA requires each plan to include an implementation agreement governing specified matters. SB 2052 (Sher) provides that a "candidate species" has the same meaning under the NCCPA as under the California ESA. SB 550 (Costa) eliminates an exemption allowing an accidental take of a candidate, threatened, or endangered species resulting from "inadvertent or ordinary negligent acts" on a farm or ranch.

SB 483 (Sher) prohibits surface mining operations for gold, silver, copper, or other metallic minerals located within one mile of any Native American sacred site without a reclamation plan. The reclamation plan must address how all excavation will be backfilled and graded to "achieve the approximate original contours of the mined lands prior to mining," along with financial assurances to demonstrate the ability to meet this commitment.

SB 1473 (Machado) weighs in on the recently approved Proposition 50 (Water Quality, Supply and Safe Drinking Water Projects Coastal Wetlands Purchase and Protection Bonds Initiative Statute). SB 1473 (Machado) stipulates that grants issued from Proposition 50 for streambed alternations must be conditioned on full mitigation of all environmental impacts.

AB 716 (Firebaugh et al.) creates the California Cultural and Historical Endowment Fund to award grants and loans. This program must complete a comprehensive survey of the state of cultural and historical preservation.

AB 2823 (Strom-Martin) recasts the California Organic Foods Act to conform to the National Organic Program and broadens the authority of the California Department of Food and Agriculture and DHS to govern the use of the word "organic" on product labels.

Environmental Justice

The Legislature continues to craft programs designed to promote consideration of environmental justice on a piecemeal basis. SB 1542 (Escutia) represents an indirect, but significant advance promoting environmental justice by requiring countywide siting elements to describe actions taken by cities and counties to solicit public participation by minority and low-income populations. The siting elements must be submitted on or after January 1, 2003. AB 2312 (Chu) and SB 199 (Torlakson) further environmental justice programs by establishing grants and loans. The former establishes the Environmental Justice Small Grant Program under Cal-EPA and authorizes it to award grants to nonprofit entities and federally recognized tribal governments. The latter increases the amount of grants and loans available from the Pollution Control Finance Authority for environmental justice projects. Specifically, these funds are for neighborhoods experiencing high poverty or unemployment levels and for growth programs that reduce pollution hazards and environmental harm and promoting infill development to revitalize these communities. SB 1999 increased available funds for grants and loans to $5 million.

Pesticides

AB 2472 (Simitian) promotes an alternative to intensive use of pesticides by establishing an Integrated Pest Management (IPM) demonstration project in the Legislature's back yard. This law requires the Department of General Services to implement a demonstration project to study the use of IPM techniques at the State Capitol Park and its associated grounds.

AB 2356 (Keeley) prohibits sale of the herbicide clopyralid by anyone other than a licensed pest control dealer and limits sale to qualified applicators. Additionally, AB 2356 requires the Department of Pesticide Regulation to evaluate the degree to which the herbicide creates persistent residues in compost and authorizes the cancellation of the registration under specified circumstances.

Enforcement

AB 2486 (Keeley) codifies the Environmental Circuit Prosecutor Project, which was originally established to discourage environmental law violations, with a fair, uniform, and effective statewide prevention, enforcement, and prosecution program. AB 2486 also substantially amends the Local Toxics Enforcement and Training Act of 1992 which provides multi-environmental media training and assistance at the local level. This legislation shifts responsibility for training and prosecution assistance programs from DTSC to Cal-EPA.

AB 947 strengthens penalties while AB 2351 softens them. AB 947 (Jackson) increases penalties for noncompliance with pesticide requirements from $1,000 for each violation to $5,000. AB 2351 (Canciamilla) creates a new exemption from the requirement to impose mandatory minimum penalties on NPDES permit violations and another partial exception. This law also changes the formula for allocating mandatory minimum penalty amounts to supplement environmental "projects."

Conclusion

With the election behind them and a lame duck Governor unencumbered by another election cycle, the policymakers in Sacramento will have an opportunity to address unfinished business in a more meaningful way in the next session. Since the green-leaning Democrats retain a solid majority in both houses we can expect an emboldened Legislature to offer Governor Davis a unified front on environmental policy. However, with little money to go around and the historic divide among the Governor's party, it remains to be seen whether Davis will greet these initiatives with much interest.