2001 Chaptered Bills

AB 173 Chavez Solid waste: fees
Chaptered # 0811 10/13/2001

The existing California Integrated Waste Management Act of 1989, which is administered by the California Integrated Waste Management Board, establishes an integrated waste management program. The act requires each operator of a disposal facility in the state to pay a quarterly fee to the State Board of Equalization, as specified, for all waste disposed of at each disposal site. The fees are deposited in the Integrated Waste Management Account, which may be expended by the board, upon appropriation by the Legislature, for specified purposes regarding the regulation of solid waste. Existing law requires that recycled materials and inert waste removed from the waste stream, and not disposed of in a solid waste landfill, not be included, for the purpose of assessing specified fees. Existing law defines the term'inert waste' for the purposes of this provision, until January 1, 2002, as including the use, disposal, or placement of solely inert waste on property where surface mining operations are being conducted, or have been conducted previously, if the use, disposal, or placement is for purposes of reclamation. Existing law also defines the term 'inert waste,' until January 1, 2002, as including only rock, concrete, brick, sand, soil, and cured asphalt. This bill would delete the repeal of that definition of inert waste, thereby continuing the operation of the provisions pertaining to that definition until the board adopts the regulations specified below. This bill contains other related provisions.

AB 254 Frommer Brownfields loans: CLEAN program
Chaptered # 548 10/07/2001

(1) Under existing law, the Site Designation Committee in the California Environmental Protection Agency is authorized to designate an administering agency for oversight of a remedial action to a hazardous substance release. Existing law requires the administering agency to supervise the site investigation and remedial action conducted by the responsible party and, upon determining that the site investigation and remedial action has been satisfactorily completed, to issue a certificate of completion to the responsible party. Existing law prohibits any agency that has jurisdiction over a hazardous materials release from taking any action against a responsible party with respect to the hazardous materials release for which a certificate of completion is issued. Existing law prohibits an administering agency from taking action against a responsible party with respect to the hazardous materials release for which a certificate of completion is issued unless specified conditions apply and provides that the administering agency is the sole agency responsible for determining if any of those conditions apply to such a hazardous materials release site. Existing law authorizes an agency to petition the chairperson of the committee to review, among other things, the failure of the administering agency to act pursuant to its authority under that provision. This bill would revise those provisions to instead expressly specify that, except with regard to that petition process, no agency other than the administering agency, may take action against a responsible party with regard to such a release site. The bill would authorize as administering agency to take such an action, but only if the administering agency determines that one of those conditions applies. This bill contains other related provisions and other existing laws.

AB 285 Wayne Sewage system overflows: reporting
Chaptered # 498 10/04/2001

(1) Under the Porter-Cologne Water Quality Control Act, the State Water Resources Control Board and the California regional water quality control boards are the principal state agencies that regulate water quality. This bill would require the state board, on or before January 1 of a year in which the Legislature has appropriated sufficient funds for this purpose, and in consultation with specified entities, to develop report forms for spills or overflows from a sanitary sewer system. The bill would require a collection system owner or operator, as defined, commencing on July 1 of a year in which the Legislature has appropriated sufficient funds for this purpose, to use those report forms to report certain spills or overflows from a sanitary sewer system. The bill would require, commencing on July 1 of a year in which the Legislature has appropriated sufficient funds for this purpose, and in the event of a spill or overflow from a sanitary sewer system that is not subject to specified reporting requirements, if certain conditions are determined to exist, the particular agency making that determination to submit a prescribed report to the appropriate regional board. To the extent that this would increase the level of services imposed on local health officers, this bill would create a state-mandated local program. The bill would require the state board, before January 1 of a year in which the Legislature has appropriated sufficient funds for this purpose, and in consultation with specified entities, to develop and maintain a sanitary sewer system overflow database. This bill contains other related provisions and other existing laws.

AB 331 Goldberg 2002 Recycled Water Task Force
Chaptered # 590 10/09/2001

Under existing law, the Department of Water Resources is among the principal state agencies with primary authority over water. Existing law regulates the use of recycled water. This bill would require the department to convene the 2002 Recycled Water Task Force with specified membership to advise the department in investigating the opportunities for using recycled water in industrial and commercial applications and in identifying impediments and constraints to increasing the industrial and commercial use of recycled water, and would require a report to the Legislature with recommendations on specified topics not later than July 1, 2003. The bill would require the department to carry out these duties only to the extent that certain funds are made available for that purpose.

AB 378 Calderon Water quality: cleanup
Chaptered # 332 09/25/2001

Existing law authorizes a California regional water quality control board, by itself or with the cooperation of any other governmental agency, to clean up or abate the effects of waste and provides that the person who discharges the waste is liable to that regional board or other governmental agency for reasonable costs actually incurred in cleaning up or abating the effects of the waste. This bill would authorize a regional board to contract with a water agency to perform, under the direction of the regional board, investigations of existing or threatened groundwater pollution or nuisance. This bill contains other related provisions and other existing laws.

AB 414 Dutra Hazardous waste disposal: lead: nickel: copper
Chaptered # 0861 10/14/2001

(1) Existing law prohibits, until July 1, 2003, any person from disposing of waste that contains specified concentrations of lead, copper, or nickel to land, except as specified, until the appropriate California regional water quality control board amends the solid waste facility's waste discharge requirements and the appropriate local enforcement agency revises the solid waste facility's permit. This bill would extend the date of the repeal of these prohibitions until July 1, 2006, thereby imposing a state-mandated local program by extending the operation of a crime. This bill contains other related provisions and other existing laws.

Signing Message

To the Members of the California Legislature:

I am signing Assembly Bill 414 which bill would exempt the disposal of lead contaminated soils by a state or local agency from the hazardous waste requirements, provided that the soil is in the right-of-way of an existing highway. The bill also extends the sunset date, from July 1, 2003 to July 1, 2006, requiring certain toxic wastes to continue being disposed of at a Class I hazardous waste facility.

In signing this bill, I understand that extending the disposal restrictions will impact programs that abate childhood lead hazards. Therefore, I am directing the Department of Toxic Substances Control to work with affected state agencies to identify safe and more cost efficient disposal options for lead contaminated wastes. I am further requesting the DTSC to complete its study on lead contaminated waste as expeditiously as possible and to pursue legislation to implement the selected disposal option.

Sincerely,
Gray Davis

AB 451 Firebaugh Air pollution: architectural paint and coatings
Chaptered # 456 10/03/2001

(1) Existing law requires each air pollution control district and each air quality management district that has been designated a nonattainment area for ozone, carbon monoxide, sulfur dioxide, or nitrogen dioxide to submit to the State Air Resources Board a plan for attaining and maintaining the state ambient air quality standards. Existing law also requires the state board to make technical assistance available to support attainment planning. This bill would authorize the state board to recommend for adoption by a district any suggested control measure for any architectural paint or coating, if the state board determines that the control measure will achieve a feasible reduction in volatile organic compounds emitted, and if the state board determines that adequate data exist to establish that the control measure is necessary to attain state and federal ambient air quality standards and is commercially and technologically feasible and necessary. This bill contains other related provisions and other existing laws.

AB 560 Jackson Local used oil collection programs: storm water runoff pollution
Chaptered # 500 10/04/2001

Under existing law, certain fees imposed on lubricating oil sold or transferred into this state are deposited in the California Used Oil Recycling Fund. Existing law continuously appropriates the money in the fund for specified purposes and authorizes the money in the fund to be used for, among other things, block grants issued by the California Integrated Waste Management Board to local governments that implement used oil collection programs that include specified elements, including providing for the collection of used oil and providing a public education program. This bill would additionally authorize a local government that has implemented the used oil collection and education elements of a local used oil collection program to also include, in the program, provisions for the mitigation and the collection of oil and oil byproducts, including other solid waste that may be mixed with oil or oil byproducts, from storm water runoff, through the use of specified devices. The bill would prohibit a local government from receiving a block grant for this purpose unless the local government certifies that it has a storm water management program approved by the appropriate California regional water quality control board and those provisions in the used oil collection program are consistent with that storm water management program. Because the bill would allow funds that are continuously appropriated to the board to be used for a new purpose, the bill would make an appropriation. This bill contains other existing laws.

AB 599 Liu Groundwater contamination: quality monitoring program
Chaptered # 522 10/05/2001

Existing law declares that groundwater is a valuable natural resource in the state and should be managed to ensure its safe production and its quality. Existing law authorizes specified local agencies to adopt and implement groundwater management plans. This bill would require the State Water Resources Control Board to integrate existing monitoring programs and design new program elements, as necessary, for the purpose of establishing a comprehensive monitoring program capable of assessing each groundwater basin in the state through direct and other statistically reliable sampling approaches, and to create an interagency task force to identify actions necessary to establish the monitoring program and to identify measures that would increase coordination among state and federal agencies that collect groundwater contamination information. The bill would require the state board to convene a described advisory committee to the task force. The bill would require the state board, in consultation with other specified agencies, to submit to the Governor and the Legislature, on or before March 1, 2003, a report that includes a description of a comprehensive groundwater quality monitoring program for the state.

AB 639 Nakano Coastal waters: contamination
Chaptered # 502 10/04/2001

Under existing law, the State Water Resources Control Board regulates water quality in the state. This bill would require the board, in consultation with specified entities and on or before July 1, 2003, to develop reliable, rapid, and affordable diagnostic tests for measuring indicators of contamination by pathogens in coastal waters. The bill would require the board to prepare and submit to the Legislature a progress report on or before July 1, 2003. The bill would require the board to carry out these duties only to the extent that funds are made available for these purposes.

AB 711 Committee on Environmental Safety and Toxic Materials Administrative orders
Chaptered # 663 10/10/2001

(1) Under existing law, the Department of Toxic Substances Control, a unified program agency, or a designated local public officer, as prescribed, is authorized to issue an order specifying a schedule for compliance or correction and imposing an administrative penalty if there is a violation of the hazardous waste control laws, laws regulating hazardous substances, or radioactive waste, or any permit, rule, regulation, standard, or requirement issued or adopted pursuant to those laws, or if the department, agency, or officer determines there has been a release of hazardous waste or constituents from a hazardous waste facility. This bill would delete the authority of a local health officer or public officer to issue such an order. The bill would instead authorize the department or unified program agency to issue an order requiring the violation be corrected, in the event of a violation, and to impose an administrative civil penalty, or to issue a corrective action order, when the department or unified program agency determines there has been a release. The bill would limit the authority of a unified program agency to issue an order or impose penalties to specified violations or releases. The bill would authorize a person served with an order to request, if the order is issued by the department, that a hearing be conducted by the department pursuant to specified provisions of the Administrative Procedure Act or, if the order is issued by the unified program agency, pursuant to 1 of 2 specified hearing procedures, except under certain conditions. The bill would require, if the unified program agency conducts the hearing, that a decision be issued by the unified program agency within 60 days after the hearing is conducted by the unified program agency. The bill would provide that an order issued by the unified program agency setting a penalty pursuant to the hearing by the unified program agency is final upon issuance. The bill would make conforming changes. This bill contains other related provisions and other existing laws.

AB 780 Thomson Pesticide mill assessments
Chaptered # 523 10/05/2001

(1) Until January 1, 2003, existing law requires every registrant of a pesticide product to pay the Director of Pesticide Regulation an assessment of 17.5 mills per dollar of sales for all sales by that person of registered pesticides for use in this state. Existing law further provides that effective January 1, 2003, and thereafter, the mill assessment rate would be reduced to 9 mills per dollar of sales, for all sales of pesticide for use in this state. This bill would specify that sales made electronically, telephonically, or by other means that result in a pesticide product being shipped to or used in the state are sales. This bill would also provide that the mill assessment rate commencing January 1, 2003, to June 30, 2004, shall be 17.5 mills per dollar of sales and commencing July 1, 2004, and thereafter, shall be 9 mills per dollar of sales for all sales of registered pesticides for use in this state. This bill contains other related provisions and other existing laws.

To Members of the California Legislature:

Signing/Reduction Message

I am signing Assembly Bill 780. However, due to the rapid decline in our economy and a budget shortfall of $1.1 billion in the first three months of this fiscal year alone, I have no choice but to oppose additional General Fund spending. As a result, I am deleting the $7 million General Fund appropriation contained in the bill.

This bill reauthorizes the pesticide mil assessment, which funds approximately 60% of the programmatic activity of the Department of Pesticide Regulation (DPR), at the current rate of 17.5 mils until June 30, 2004. I am signing this bill to maintain the current assessment rate because it does not add an additional financial burden on the regulated industries. Moreover, this action will avoid the potential for the assessment to revert to an unacceptably low level in future years.

However, I am directing the Director of DPR to bring the stakeholders together as specified by this bill to help craft a longer term solution for support of the Department.

I am committed to the continuation of California’s nationally renowned pesticide regulatory program and the benefits it provides. Because DPR has sufficient funding for the current fiscal year, I believe that addressing the funding shortfall for the 2002-03 fiscal year during the budget development process would be more appropriate.

Sincerely,
Gray Davis

AB 901 Daucher Water supply planning
Chaptered # 644 10/09/2001

(1) The Urban Water Management Planning Act requires urban water suppliers to prepare and adopt urban water management plans for submission to the Department of Water Resources. The act requires those plans to include specified information. The act makes findings and declarations relating to urban water management planning. This bill would require a plan to include information, to the extent practicable, relating to the quality of existing sources of water available to an urban water supplier over given time periods, and the manner in which water quality affects water management strategies and supply reliability. The bill would require a plan to describe plans to supplement a water source that may not be available at a consistent level of use, to the extent practicable. The bill would make additional findings and declarations relating to water quality. This bill contains other related provisions.

AB 946 Kelley Water rights
Chaptered # 315 09/20/2001

(1) Existing law specifies procedures under which a person may be subject to administrative civil liability for unauthorized diversion or use of water. Existing law specifies procedures under which the State Water Resources Board may order a reconsideration of any of its decisions or orders on the filing of a petition for writ of mandate by any interested person. This bill would expand these procedures to apply to any person or entity. This bill contains other related provisions and other existing laws.

AB 972 Calderon School facilities: preliminary endangerment assessment: Phase I environmental assessment
Chaptered # 0865 10/14/2001

(1) Existing law requires a school district, in implementing provisions of law concerning the selection of schoolsites, to provide a notice to residents in the immediate area, approved in form by the Department of Toxic Substances Control, prior to the commencement of work on a preliminary endangerment assessment. This bill would instead require a school district to provide this notice utilizing a format developed by the Department of Toxic Substances Control. This bill contains other related provisions and other existing laws.

AB 1187 Simitian Solid waste: recycling: tires: used oil
Chaptered # 316 09/20/2001

(1) Existing law, the California Integrated Waste Management Act of 1989, establishes an integrated waste management program administered by the California Integrated Waste Management Board. This bill would allow the total amount of grants made by the board pursuant to the grant program to exceed that amount, but would prohibit the amount from exceeding $5,000,000, in any one fiscal year, if sufficient funds are appropriated from the Integrated Waste Management Account. This bill contains other related provisions and other existing laws.

AB 1201 Pavley Stormwater pollution: used oil recycling fund
Chaptered # 317 09/20/2001

Under existing law, certain fees imposed on lubricating oil sold or transferred into this state are deposited in the California Used Oil Recycling Fund. Existing law continuously appropriates the money in the fund for specified purposes and authorizes the money in the fund to be used for the costs of administration of the California Oil Recycling Enhancement Act, inspections and reports required by the act, contracting for certain enforcement and investigation purposes, hazardous materials contamination disposal costs, and other designated uses, including grants and loans to local governments and nonprofit entities for specified activities or projects relating to used oil collection. This bill would additionally continuously appropriate the money in the fund to the California Integrated Waste Management Board to issue grants or loans to local governments or nonprofit entities to pay for education and mitigation projects relating to stormwater pollution, as defined, from oil and oil byproducts. The bill would prohibit a local government from receiving a grant or loan for these purposes unless the local government certifies that it has a stormwater management program approved by the appropriate California regional water quality control board and the project is consistent with that program. This bill contains other related provisions and other existing laws.

AB 1258 Wiggins Vehicles: rentals
Chaptered # 465 10/03/2001

Existing law regulates commerce relating to the sale, lease, or rental of motor vehicles. This bill, from September 11, 2001 until January 1, 2002, upon written findings by the Director of Motor Vehicles and the Executive Officer of the State Air Resources Board, would authorize a vehicle rental company, as specified, to rent passenger vehicles in this state that are registered in another state, if the vehicles model years are 2000, 2001, or 2002. This bill contains other related provisions.

Signing Message

To the Members of the California Legislature:

I am signing Assembly Bill 1258, which provides statutory authorization for car rental companies to rent out-of-state vehicles for intrastate travel until December 31, 2001.

This bill provides residents of the State who have been affected by the tragic events of September 11, 2001, in New York and Washington D.C., a viable transportation alternative. This will help mitigate some of the economic impact on our California economy and provide some relief to our residents who must travel during this time of National emergency.

While this bill provides rental car companies needed flexibility to meet the rental car needs of Californians, AB 1258 does not prohibit the assessment of surcharges and other fees that would normally be charged on contracts involving an out-of-state-registered vehicle. Although I am signing this legislation, I am doing so with the understanding that rental car contracts will not include any unnecessary out-of-state fees or surcharges, nor should the prorated “vehicle license fee”, that is normally assessed on California registered vehicles, be collected from their customers under the circumstances covered by the legislation.

Sincerely,
Gray Davis

AB 1259 Wiggins Hazardous waste facilities permits: suspension
Chaptered # 461 10/03/2001

Existing law authorizes the Department of Toxic Substances Control to deny, suspend, or revoke any permit applied for, or issued, pursuant to the hazardous waste control laws, if the applicant or holder of the permit has violated, or is not in compliance with, specified laws and regulations governing hazardous wastes and substances. This bill would require the department to suspend the permit, as defined, of any hazardous waste facility for nonpayment of specified fees, or for a failure to pay penalties imposed for a violation of the hazardous waste control laws or regulations by an administrative hearing officer or trial court judge. The bill would also authorize the department to deny a new permit or the renewal of an existing permit, on the same grounds that the department is required to suspend a permit. This bill contains other related provisions.

AB 1301 Goldberg School facilities: site contamination: Belmont Learning Complex
Chaptered # 0947 10/14/2001

(1) Existing law prohibits the governing board of a school district from approving a project involving the acquisition of a schoolsite or the construction of a school by the school district unless specified actions are taken with regard to potential contamination of the site, including a determination by the lead agency, as defined, that the property purchased or to be built upon is not the site of a current or former hazardous waste disposal site or solid waste disposal site, or a hazardous substance release site. This bill would require the Los Angeles Unified School District, by January 1, 2003, to prepare a remedial investigation and feasibility study for the Belmont Learning Complex site and to submit the study to the Department of Toxic Substances Control for review. The bill would require the district to obtain a determination that the study is complete and meets the requirements of the Carpenter-Presley-Tanner Hazardous Substances Account Act before the district opens the Belmont Learning Complex as a school or takes any action to use the site for any nonschool purpose. The bill would require the district to reimburse the department for oversight costs incurred by the department and to post the study on its Internet Web site. The bill would impose a state-mandated local program by imposing new duties on a school district. This bill contains other related provisions and other existing laws.

Signing Message

To the Members of the California Legislature:

I am signing Assembly Bill 1301 in order to ensure that a scientific analysis is completed that could allow the completion of a much-needed high school in the center of Los Angeles. The state must protect $60 million in state taxpayer funds already invested into the project, as well as the $110 million invested by the taxpayers of the City of Los Angeles.

Until all the facts are known, it is not wise to abandon a school that is all but completed and which would allow 6,000 high school students to have a neighborhood school. It makes fiscal sense and educational sense to finish the remedial investigation and feasibility study, and then and only then decide the fate of the new Belmont High School.

Sincerely,
Gray Davis

AB 1329 Lowenthal Hazardous waste testing laboratories: recyclable materials
Chaptered # 0866 10/14/2001

(1) Under existing law, the analysis of any material required by the hazardous waste control laws is to be performed by a laboratory certified by the State Department of Health Services pursuant to the provisions regulating environmental laboratories. Until January 1, 2001, analyses performed by a laboratory pursuant to the facility's waste analysis plan that were prepared in accordance with specified regulations were exempt from those requirements, if the laboratory met specified conditions. This bill would reenact that exemption for those analyses performed by a laboratory pursuant to the facility's waste analysis plan. This bill contains other related provisions and other existing laws.

AB 1334 Harman Caulerpa species
Chaptered # 338 09/25/2001

(1) Existing law makes it unlawful for any person to receive, bring, or cause to be brought into this state, for the purpose of propagation, any fish, reptile, amphibian, or aquatic plant from any place wherein any infected, diseased, or parasitized fish, reptile, amphibia, or aquatic plants are known to exist. This bill would prohibit the sale, possession, importation, transportation, transfer, releasing alive in the state, or giving away without consideration the salt water algae of enumerated Caulerpa species, except the bill would authorize the possession of salt water algae of enumerated Caulerpa species for bona fide scientific research upon authorization by the Department of Fish and Game. The bill would authorize the imposition of a civil penalty for violation of the provisions of the bill, in addition to any other penalty provided by law. This bill contains other related provisions and other existing laws.

AB 1390 Firebaugh Air pollution
Chaptered # 0763 10/12/2001

(1) Existing law grants primary authority for the control of air pollution from vehicular sources to the State Air Resources Board. Existing law also authorizes the state board to adopt and implement motor vehicle emission standards and motor vehicle specifications. Existing law also provides for the existence of various clean air programs, including the Carl Moyer Air Quality Standards Attainment Program. This bill, notwithstanding a specified provision of the Budget Act of 2001, would require any air quality management district or air pollution control district with a population of one million residents or greater, in consultation with the state board, to expend not less than 50% of the moneys appropriated until January 1, 2007, for the Carl Moyer program, programs to fund the purchase of reduced emission schoolbuses, and diesel mitigation programs, in a manner that directly reduces air contaminants or the public health risks associated with air contaminants, in communities with the most significant exposure to air contaminants or localized air contaminants, or both, including communities of minority populations or low-income populations, or both. The bill would make those provisions inapplicable to those districts with fewer than one million residents, but would, notwithstanding a specified provision in the Budget Act of 2001, encourage those districts to apply similar funding approaches to the extent each district determines feasible. By imposing additional duties on districts, this bill would impose a state-mandated local program. This bill contains other related provisions and other existing laws.

AB 1465 Nation Underground Storage Tank Cleanup Fund
Chaptered # 154 08/06/2001

(1) Existing law requires the State Water Resources Control Board to initiate a specified research program to quantify the probability and environmental significance of releases from petroleum underground storage tank systems that meet certain upgrade requirements and prohibits any person from taking specified actions with regard to monitoring equipment for an underground storage tank, unless the person meets specified requirements, including possessing specified licenses. This bill would additionally allow the person to possess a tank-testing license issued by the board. This bill contains other related provisions and other existing laws.

AB 1553 Keeley Environmental justice: guidelines
Chaptered # 0762 10/12/2001

Existing law defines the term 'environmental justice,' provides that the Office of Planning and Research shall be the coordinating agency in state government for environmental justice programs, and requires that the Director of Planning and Research take actions with respect to the implementation, coordination, and review of environmental justice programs in the state. Existing law requires the office to adopt guidelines for the preparation and content of the mandatory elements required in city and county general plans. This bill would require the office, when it adopts the next general plan guidelines, but in no case later than July 1, 2003, to adopt guidelines, as specified, for addressing environmental justice matters in city and county general plans, and to hold at least one public hearing prior to the release of any draft guidelines, and at least one public hearing after the release of the draft guidelines. The bill would authorize the hearings to be held at the regular meetings of the Planning Advisory and Assistance Council.

AB 1602 Keeley California Clean Water Clean Air Safe Neighborhood Parks and Coastal Protection Act of 2002
Chaptered # 0875 10/14/2001

Under existing law, programs have been established pursuant to bond acts for, among other things, the development and enhancement of state and local parks and recreational facilities. This bill would enact the California Clean Water, Clean Air, and Safe Neighborhood Parks, and Coastal Protection Act of 2002, which, if adopted, would authorize, for the purpose of financing a program for the acquisition, development, restoration, protection, rehabilitation, stabilization, reconstruction, preservation, and interpretation of park, coastal, agricultural land, air, and historical resources, as specified, the issuance, pursuant to the State General Obligation Bond Law, of bonds in the amount of $2,600,000,000. This bill contains other related provisions.

Signing Message

To the Members of the California Legislature:

I am signing Assembly Bill 1602, which places the Clean Water, Clean Air, Safe Neighborhood Parks, and Coastal Protection Bond Act before the voters on the March 2002 statewide ballot.

Last year, I actively supported Proposition 12, the largest resource bond in State history to be approved by the voters. Proposition 12 made up for the failure to invest in our natural resources during the 1990’s, the first decade in modern history that did not have a park bond. I believe that continuing California’s strong commitment to protecting our environment and investing in parks and natural resources has the added benefit of attracting tourism and stimulating our economy.

However, California’s economy is rapidly declining. State revenues have fallen $1.1 billion below projections in the first three months of the fiscal year alone. Voters will have to decide on their willingness to fund these important projects with their tax dollars in a climate of economic uncertainty.

It is my intention, should this measure pass, to manage the rate at which these bond funds are expended in order to balance the cost of debt service with other high priority demands on the General Fund.

Sincerely,
Gray Davis

AB 1618 Matthews Engine fuels
Chaptered # 596 10/09/2001

(1) Existing law defines, among other things, motor vehicle fuel, automotive spark-ignition engine fuel, and compression-ignition engine fuel for purposes of regulating the sale of petroleum products. This bill additionally would provide a definition for 'developmental engine fuel.' This bill contains other related provisions and other existing laws.

AB 1664 Pavley Water quality
Chaptered # 0869 10/14/2001

(1) The Porter-Cologne Water Quality Control Act (Water Quality Act) requires each person for whom waste discharge requirements have been prescribed by a California regional water quality control board, to submit a report and an annual fee, according to a fee schedule established by the State Water Resources Control Board, as specified. This bill would give the state board the same authority to impose administrative civil liability as the regional boards, as prescribed. This bill contains other related provisions and other existing laws.

ABX2 86 Florez Diesel fuel tax
Chaptered # 8 10/03/2001

The Diesel Fuel Tax Law, with respect to diesel fuel, as defined, imposes a tax at specified rates, upon the removal, entry, sale, delivery, and use of each gallon of diesel fuel, as defined. This bill would, until January 1, 2007, revise the definition of diesel fuel for those purposes to exempt the water portion of a diesel fuel and water emulsion, as specified. The bill would, until January 1, 2007, also revise the definition of diesel fuel to eliminate references to the manner of use of the diesel fuel, and make related revisions to the definition of blended diesel fuel for purposes of the Diesel Fuel Tax Law. This bill contains other related provisions.

SB 23 Costa CALFED funds: Bay-Delta Program
Chaptered # 7 05/04/2001

(1) Under existing law, certain state and federal agencies with management and regulatory responsibilities in the San Francisco Bay/Sacramento-San Joaquin Delta Estuary participate in the CALFED Bay-Delta Program for the purposes of improving ecosystem quality, water supply reliability, water quality, and the integrity of the levees and channels in the bay-delta. This bill would require the Department of Water Resources, with specified exceptions, to prepare and submit to the Legislature a report that includes a description of the progress achieved by the department regarding the goals of the Bay-Delta Program and the implementation schedule established in the CALFED Bay-Delta Program, Programmatic Record of Decision dated August 2000, and the Framework Agreement dated June 9, 2000. The bill would require, however, that upon creation of an entity to assume the responsibilities previously undertaken by federal and state officials in connection with the CALFED Bay-Delta Program, that entity will be responsible for preparing and submitting the report to the Legislature. The bill would specify that if at any time on or after January 1, 2003, the department is not required to implement the CALFED Bay-Delta Program, Programmatic Record of Decision dated August 2000, the department is not required to prepare and submit the report to the Legislature. This bill contains other related provisions and other existing laws.

SB 32 Escutia Contaminated property: restoration
Chaptered # 0764 10/12/2001

Existing law generally authorizes the Department of Toxic Substances Control and California regional water quality control boards to regulate corrective actions to releases of hazardous materials. This bill would enact the California Land Environmental Restoration and Reuse Act and would require the legislative body of a city or county that elects to implement the act to adopt an ordinance to implement the act, including designating a local agency to administer the act. This bill contains other related provisions and other existing laws.

Signing Message

To the Members of the California Legislature:

I am signing SB 32 which would authorize local governments to investigate and cleanup small parcels of property contaminated by hazardous waste and require the California Environmental Protection Agency (CalEPA) to develop a set of screening values. The bill also would require development of a guidance document to assist communities, developers, and local governments with procedures used for cleaning up hazardous waste.

This measure provides the necessary tools to address the thousands of idle or underutilized sites in California where redevelopment is stymied because of real or perceived environmental pollution, especially those in low income or minority communities.

In signing this measure, I am also directing the CalEPA and its constituent boards and departments to conduct the scientific peer review of screening values using funds already budgeted for this purpose. I am authorizing a one-time transfer of $350,000 from the Cleanup Loans and Environmental Assistance for Neighborhoods Account to assist in implementation of the bill. In developing the guidelines for selecting oversight agencies, I would ask the CalEPA boards and departments to consult with all affected environmental regulatory agencies.

Sincerely,
Gray Davis

SB 72 Kuehl Storm water
Chaptered # 492 10/04/2001

Under existing law, the State Water Resources Control Board and the California regional water quality control boards prescribe waste discharge requirements for the discharge of storm water by municipalities and industries in accordance with the federal national pollutant discharge elimination system (NPDES) permit program. This bill would require the state board to develop, before January 1, 2003, minimum monitoring requirements for regulated municipalities that were subject to a storm water permit on or before December 31, 2001, and minimum standard monitoring requirements for regulated industries, as specified, and would require the requirements established in accordance with the bill's provisions to be included in all storm water permits on or before July 1, 2008. The bill would require the state board to make available to the public via the Internet a summary of the results obtained from the storm water monitoring conducted in accordance with the bill, in a year in which the Legislature appropriates sufficient funds for that purpose.

Signing Message

To the Members of the California Legislature:

I am signing SB 72 which requires the State Water Resources Control Board to develop, by January 1, 2003, minimum storm water monitoring requirements for specified municipalities and industries.

In signing this measure, I am also directing the State Water Resources Control Board to implement the provisions of the bill within existing resources.

Sincerely,
Gray Davis

SB 88 Costa Air pollution: odors
Chaptered # 424 10/02/2001

(1) Existing law prohibits the discharge of any air contaminant or other material that causes injury, detriment, nuisance, or annoyance to, or that endangers, the public. Existing law exempts from that prohibition, among other things, all odors emanating from agricultural operations necessary for the growing of crops or the raising of fowl or animals and also exempts odors emanating directly from a facility or operation that produces, manufactures, or handles compost, as defined. Existing law also requires an air pollution control district or air quality management district that receives a complaint regarding an odor emanating from an exempt composting operation to refer the complaint to an enforcement agency with jurisdiction pursuant to the California Integrated Waste Management Act of 1989, and requires that agency to take appropriate enforcement action. Existing law also provides for the repeal of those provisions on January 1, 2002. This bill would instead make those provisions inoperative on April 1, 2003, and after that date would exempt from that prohibition all odors emanating from agricultural operations necessary for the growing of crops or the raising of fowl or animals, unless the California Integrated Waste Management Board adopts and submits to the Office of Administrative Law on or before that date, regulations governing the operation of organic composting sites that include specified provisions. By extending the operation of the requirement that the district and the enforcement agency take appropriate action, the bill would impose a state-mandated local program. This bill contains other related provisions and other existing laws.

SB 100 Johannessen Emission control: specially constructed vehicles
Chaptered # 0871 10/14/2001

Existing law defines a specially constructed vehicle as a vehicle that is built for private use, not for resale, and is not constructed by a licensed manufacturer or remanufacturer, and requires all specially constructed vehicles to be subject to the emission control system testing and certification requirements established by the Department of Consumer Affairs. This bill would require a passenger vehicle or pickup truck that is a specially constructed vehicle to be inspected by stations authorized to perform referee functions, as prescribed, and would require the Department of Motor Vehicles to provide an initial registration to no more than the first 500 vehicles that meet the specified criteria and are presented to the department each year for registration . Upon completion of the inspection, the referee would be required to affix a tamper-resistant label to the vehicle and to issue a certificate that establishes the engine model-year and emission control system application.

Signing Message

To the Members of the California Legislature:

I am signing Senate Bill 100 which creates a Smog Check and emission control equipment exemption limited to 500 specially constructed vehicles ("kit cars") each year.

In signing this measure, I am also directing the Department of Motor Vehicles to implement the provisions of the bill within existing resources.

Sincerely,
Gray Davis

SB 189 Bowen Controlled substance release: notification
Chaptered # 466 10/04/2001

Existing law requires a seller of residential property to make disclosures upon the transfer of that property, and sets forth the content and form of these disclosures. This bill would require any owner of residential real property who knows, by receipt of a specified notice or actual knowledge, that any release of an illegal controlled substance has come to be located on or beneath that real property to give written notice of that condition to the buyer, as prescribed. The bill would also require an owner of a residential dwelling unit who knows, by receipt of a specified notice or actual knowledge, that such a release has come to be located on or beneath that dwelling unit to give written notice to a prospective tenant prior to the execution of a rental agreement, as prescribed. This bill contains other related provisions.

SB 221 Kuehl Land use: water supplies
Chaptered # 642 10/09/2001

(1) Under the Subdivision Map Act, a legislative body of a city or county is required to deny approval of a tentative map, or a parcel map for which a tentative map is not required, if it makes any of a number of specified findings. Under the Planning and Zoning Law, a city, county, or city and county may not approve a development agreement unless the legislative body finds that the agreement is consistent with the general plan and any applicable specific plan. This bill would prohibit approval of a tentative map, or a parcel map for which a tentative map was not required, or a development agreement for a subdivision of property of more than 500 dwelling units, except as specified, including the design of the subdivision or the type of improvement, unless the legislative body of a city or county or the designated advisory agency provides written verification from the applicable public water system that a sufficient water supply is available or, in addition, a specified finding is made by the local agency that sufficient water supplies are, or will be, available prior to completion of the project. This bill contains other related provisions and other existing laws.

SB 271 O'Connell Hazardous waste: transportation: manifests: information
Chaptered # 319 09/20/2001

(1) Existing law requires any person generating hazardous waste that is transported, or submitted for transportation, for offsite handling, treatment, storage, disposal, or any combination thereof, to complete a manifest prior to the time the waste is transported or offered for transportation and to submit the manifest to the Department of Toxic Substances Control. Existing law requires any person who transports hazardous waste in a vehicle to have a manifest in his or her possession and requires the manifest to be shown upon demand to any representative of the department, any officer of the California Highway Patrol, any local health officer, or any local public officer designated by the director. A violation of the laws regulating hazardous waste is a crime. This bill would additionally require the manifest to be shown, upon demand, to any certified unified program agency. Since a violation of this requirement would be a crime under existing law, the bill would impose a state-mandated local program. This bill contains other related provisions and other existing laws.

SB 315 Alpert San Diego Advisory Committee for Environmentally Superior Antifouling Paints
Chaptered # 469 10/04/2001

(1) Existing law generally provides for various state and local agency activities for the prevention of contamination of the state's water systems. This bill would establish, until January 1, 2004, the San Diego Advisory Committee for Environmentally Superior Antifouling Paints, composed of specified persons appointed by the Board of Port Commissioners of the San Diego Unified Port District for 2-year terms. By requiring the board to appoint these committee members, the bill would impose a state-mandated local program. The purpose of the committee would be to make recommendations and to advise in the preparation of a report by the University of California, subject to the agreement of the university, or a consultant, to identify incentives necessary to ensure that nontoxic alternatives to metal-based antifouling hull coatings are used for recreational vessels. This bill contains other related provisions and other existing laws.

SB 351 Ortiz Public health: drinking water: hexavalent chromium standard
Chaptered # 602 10/09/2001

Existing law requires the department of health services to be responsible for ensuring that all public water systems are operated in compliance with both federal and state law, and the department is directed to enforce the law for all public water systems. This bill would require the department to adopt a primary drinking water standard for hexavalent chromium. The standard must be adopted by January 1, 2004, and a report on the progress of developing the standard must be provided to the Legislature by January 1, 2003. This bill contains other existing laws.

SB 373 Torlakson Environmental education: waste: recycling
Chaptered # 0926 10/14/2001

(1) Existing law requires the State Board of Education to include in the science framework appropriate language addressing the issue of integrated waste management in the ecology and environmental studies areas. This bill would require the State Board of Education and the State Department of Education to revise, as necessary, the framework in science to include specified concepts regarding environmental education. The bill would require the Office of Integrated Environmental Education of the California Integrated Waste Management Board, which would be established by this bill, to provide the commission with information and materials to aid the commission in implementing this requirement. The bill would provide for the delayed implementation of these revisions until the appropriate curriculum framework adoption cycle commences. This bill contains other related provisions and other existing laws.

Signing Message

To the Members of the California Legislature:

It is my pleasure to sign Senate Bill 373.

This bill would revise the State’s education framework in science to include the necessary elements to teach environmental education, and require the Office of Integrated Environmental Education at the Integrated Waste Management Board (IWMB) to develop and implement a unified education strategy on the environment for elementary and secondary schools in the State. It would provide grants to school districts and schools to assist them in developing and implementing programs to teach the concepts of source reduction, recycling, and composting. It appropriates $1.5 million from the Integrated Waste Management Fund for these purposes. I support the important concept of promoting environmental education to California’s children. Through education our current and future consumers will learn to respect and conserve natural resources by making informed environmental choices.

However, I am concerned that this bill is overly broad and would be requiring the Office of Integrated Environmental Education to provide educational material in areas where they do not have expertise. Materials that support other media and issues such as energy conservation and forestry protection should be provided by the agencies with jurisdiction over those resources, including the Resources Agency. I direct the Office of Integrated Environmental Education within the IWMB and the California Environmental Protection Agency to work in cooperation with the Resources Agency to support environmental education efforts and to ensure the successful implementation of this bill.

Sincerely,
Gray Davis

SB 463 Perata Drinking water standards: arsenic
Chaptered # 604 10/09/2001

Existing law, commonly referred to as the California Safe Drinking Water Act, is administered by the State Department of Health Services and, among other things, requires the department to establish recommended public health levels for contaminants in drinking water. This bill would require the department to commence the process of revising the existing primary drinking water standard for arsenic and adopt a revised standard for arsenic no later than June 30, 2004. This bill contains other related provisions.

SB 468 Sher Hazardous materials response actions: brownfields: insurance
Chaptered # 549 10/07/2001

insurance. This bill would revise the definitions of the terms 'brownfield' and 'underutilized property' to instead include property that is located in an urban area, as defined, and would define other terms for purposes of the CLEAN Program. The bill would revise the definition of 'eligible property' to include certain property owned or operated by a small business, as defined, a specified nonprofit corporation, or a small business incubator. The bill would additionally, continuously appropriate the money in the account to provide subsidies for environmental insurance pursuant to the FAIR Program specified in (2) below, thereby making an appropriation. The bill would also provide that the money in the account may be expended by the department, a California regional water quality control board, the State Water Resources Control Board, or the California Environmental Protection Agency for administration and implementation costs, upon appropriation by the Legislature, and for administering and implementing the FAIR Program. The bill would define the term 'implementation costs' to include the costs of overseeing and reviewing preliminary endangerment assessments and response actions, and certain oversight conducted by the California regional water quality control board. This bill contains other related provisions and other existing laws.

SB 470 Sher Hazardous waste control: management: used oil
Chaptered # 605 10/09/2001

(1) Existing hazardous waste control laws provide for a state hazardous waste program in lieu of the federal program pursuant to specified provisions of the federal Resource Conservation and Recovery Act of 1976 (RCRA). Existing law requires the Department of Toxic Substances Control to conform its standards and regulations with the federal regulations adopted pursuant to RCRA and provides that those federal regulations shall be deemed to be regulations of the department, except as specified. The term 'federal act' is defined in the hazardous waste control law to mean RCRA. This bill would make technical changes in those provisions to utilize that definition and would make other nonsubstantive technical changes. This bill contains other related provisions and other existing laws.

SB 471 Sher Proposition 65: toxic chemicals
Chaptered # 578 10/07/2001

The existing Safe Drinking Water and Toxic Enforcement Act of 1986 (Proposition 65) prohibits any person, in the course of doing business, from knowingly and intentionally exposing any individual to a chemical known to the state to cause cancer or reproductive toxicity without giving a specified warning, or from discharging or releasing such a chemical into any source of drinking water, except as specified. This bill would require the court, in assessing the amount of a civil penalty for a violation of the act, to consider specified factors, including, among other things, the economic effect of the penalty on the violator, whether the violator took good-faith measures to comply with the act, the willfulness of the defendant's misconduct, and the deterrent effect that the imposition of the penalty would have on both the violator and the regulated community. This bill contains other related provisions and other existing laws.

SB 527 Sher Air pollution
Chaptered # 0769 10/12/2001

(1) Existing law prescribes various civil penalties that may be imposed by the State Air Resources Board for a violation of specified state board regulations relating to vehicular and nonvehicular air pollution control. Existing law also authorizes any city attorney, with the consent of the district attorney, upon the complaint of the state board, to bring an action for unfair trade practices. This bill would authorize the state board to impose administrative penalties as an alternative to seeking civil penalties for certain violations. The bill would authorize the state board to impose an administrative penalty up to the maximum amount the state board is authorized to impose as a civil penalty for that violation. The bill would also limit the state board's authority to impose an administrative penalty to a maximum of $10,000 per day in which there is a violation not to exceed $100,000 per penalty assessment proceeding for any violation arising from the same conduct. The bill would also provide for administrative review under existing state board administrative hearing procedure regulations, except that this bill would require that the hearings be conducted by an administrative law judge appointed by the Office of Administrative Hearings. The bill would also provide for judicial review of an administrative hearing in conformance with existing law. The bill would also prohibit the state board from causing an action to be brought by any city attorney against any person upon whom the state board has imposed an administrative penalty. This bill contains other related provisions and other existing laws.

Signing Message

To the Members of the California Legislature:

I am signing Senate Bill 527, which allows the Air Resources Board to administratively assess penalties for less egregious air pollution violations and enacts clarifying changes to the California Climate Action Registry program.

In signing this measure, I am directing the California Energy Commission to recover administrative costs associated with the Climate Action Registry through revenues received as part of that voluntary program.

Sincerely,
Gray Davis

SB 633 Sher Hazardous and solid waste: mercury
Chaptered # 656 10/10/2001

(1) Existing law prohibits the management of hazardous waste, except in accordance with the hazardous waste laws, including laws governing the removal of hazardous waste from a major appliance, as defined. A violation of the hazardous waste control laws is a crime. This bill would enact the California Mercury Reduction Act of 2001. This bill contains other related provisions and other existing laws.

Signing Message

To the Members of the California Senate:

I am signing Senate Bill 633 which would place new controls on the disposal of appliances and vehicle components found to contain mercury; restrict the use and distribution of mercury-containing fever thermometers to only upon prescription of a physician, ban the specific addition of mercury to novelties and clothing articles; ban the sale of a car manufactured after January 1, 2005 that contains a mercury vehicle switch and ban the use of mercury-containing items from use in schools, except for measuring devices.

Mercury is a persistent and toxic pollutant that bioaccumulates in the environment and in the food chain. I am signing this bill because it will help to reduce mercury contamination in the waters of the state by reducing the amount of mercury added to the environment by broken and discarded fever thermometers, novelty products and by mercury-containing electrical switches that are not removed before junked vehicles are crushed or shredded.

I am concerned, however, that this bill could be interpreted to ban the use of a certain type of battery in novelty items such as toys. These “button cell” batteries contain a small amount of mercury but meet existing state and federal safety requirements and the author has agreed to introduce cleanup legislation this next session specifically allowing the use of this type of battery in novelty items.

Sincerely,
Gray Davis

SB 672 Machado California Water Plan: urban water management plans
Chaptered # 320 09/20/2001

(1) Existing law requires the Department of Water Resources to update every 5 years the plan for the orderly and coordinated control, protection, conservation, development, and use of the water resources of the state, known as the California Water Plan. This bill would require the department to include in the California Water Plan a report on the development of regional and local water projects within each hydrologic region of the state to improve water supplies to meet municipal, agricultural, and environmental water needs and minimize the need to import water from other hydrologic regions. This bill contains other related provisions and other existing laws.

Signing Message

To the Members of the California Legislature:

I am signing Senate Bill 672 because the identification of water recycling and reclamation technologies could expand local water supplies and decrease conflicts over regional water needs.

However, although this bill does not contain a state-mandated cost disclaimer, it is my expectation that the bill will not result in any state-mandated costs because local water agencies have the authority to charge fees.

Sincerely,
Gray Davis

SB 702 Escutia Chronic disease: environmental determinants
Chaptered # 538 10/05/2001

Existing law makes various provisions for the prevention of disease, including chronic diseases, and the promotion of health, and imposes various requirements on the State Department of Health Services in this regard. This bill would declare legislative intent to establish an Environmental Health Surveillance System, in accordance with the recommendations of the working group created pursuant to the bill and described below. This bill contains other related provisions.

SB 828 Alarcon Environmental justice
Chaptered # 0765 10/12/2001

Existing law requires the Secretary for Environmental Protection, on or before January 15, 2002, to convene a Working Group on Environmental Justice, composed of various representatives, as specified, to assist the California Environmental Protection Agency (Cal-EPA) in developing an interagency environmental justice strategy. Existing law defines 'environmental justice' to mean the fair treatment of people of all races, cultures, and incomes with respect to the development, adoption, implementation, and enforcement of environmental laws and policies. Existing law requires the working group to examine existing data and studies on environmental justice, make recommendations to various entities and hold public meetings, among other things. This bill would require the secretary to convene the working group on or before January 1, 2002. The bill would require the working group to assist Cal-EPA in developing that agencywide strategy by July 1, 2002, and to examine data, make recommendations, and hold public meetings, among other things, on or before April 1, 2002. The bill would require each board, department, and office within Cal-EPA to review its programs and identify gaps that may impede achievement of environmental justice by December 31, 2003. The bill would renumber various provisions of the Public Resources Code.

SB 909 Chesbro Timber harvest plans
Chaptered # 639 10/09/2001

Existing law allows the Director of Forestry and Fire Protection 15 days from the date that the initial inspection of the submitted timber harvest plan is completed to review the plan and take public comments. Existing law allows the director 10 days after the initial review and public comment period to review the public input, consider recommendations and mitigation measures of other agencies, respond in writing to the issues raised, and determine if the plan is in conformance with law. This bill would extend the amount of time the director has to review the plan and take public comments to 30 days, instead of 15 days, from the completion of the initial inspection of the timber harvest plan. This time period would include 10 days of public comment after the date of final interagency review. This bill would authorize the director to review the plan and public input for up to 15 days, instead of 10 days, after the final review and public comment period. This bill contains other related provisions.

SB 1127 Karnette Recycling: trash bags: rigid plastic containers: polystyrene
Chaptered # 406 10/01/2001

(1) The existing California Integrated Waste Management Act of 1989, which is administered by the California Integrated Waste Management Board, establishes an integrated waste management program. This bill would delete the January 1, 2001, limitation on the use of that credit, thereby reenacting the requirement upon the board to provide that credit with regard to the purchase of recycled plastic postconsumer materials. This bill contains other related provisions and other existing laws.

SB 1158 Knight Hazardous waste: universal waste aerosol cans
Chaptered # 0450 10/03/2001

(1) Under existing law, the Department of Toxic Substances Control is required to issue hazardous waste facilities permits to use and operate hazardous waste management units. Existing law exempts, from the hazardous waste facilities requirements, the puncturing, draining, or crushing of aerosol cans if specified requirements are met by the owner or operator conducting that activity, including that the equipment used is designed to capture the gaseous and liquid contents of the cans, prevent fire, explosion, and unauthorized releases of hazardous constituents, and prevent worker exposure to hazardous materials released from the cans, and is certified by the department. A violation of the hazardous waste control law is a crime. The bill would delete the puncturing, draining, or crushing of aerosol cans from that exemption from hazardous waste facilities requirements. This bill would define the term of 'universal waste aerosol can' as a hazardous waste aerosol can while it is being managed according to specified regulations, and in a specified manner. The bill would impose specified requirements on any person who manages aerosol cans that meet specified requirements, and would require a universal waste handler, as defined, to manage universal waste aerosol cans in a manner that prevents fire, explosion, and the unauthorized release of any universal waste or component of a universal waste into the environment. The bill would require a container used to accumulate or transport universal waste aerosol cans, or their contents, to meet specified requirements and would require a universal waste handler to accumulate universal waste aerosol cans in clearly marked or labeled containers, as specified. The bill would authorize a universal waste handler to remove and collect any contents of a universal waste aerosol can if the handler meets specified requirements, and would impose requirements on any contents of a universal waste aerosol can that exhibit a characteristic of hazardous waste. The bill would require a universal waste handler that processes universal waste aerosol cans to submit a specified notification to the Certified Unified Program Agency (CUPA) with jurisdiction over that universal waste handler, or to the agency authorized by the Secretary for Environmental Protection for that purpose. The bill would impose a state-mandated local program by creating new crimes regarding the management of universal waste aerosol cans. This bill contains other related provisions and other existing laws.

SB 1170 Sher State vehicle fleet
Chaptered # 0912 10/14/2001

The Warren-Alquist State Energy Resources Conservation and Development Act specifies the policies of the state regarding energy resources and requires the State Energy Resources Conservation and Development Commission to acquire and analyze information to ascertain future energy problems and uncertainties, including impacts of petroleum price increases and projected conservation measures on the demand for energy. This bill would make it the policy of the state to minimize the economic and environmental costs due to the use of petroleum-based fuels and other transportation fuels by state agencies. The bill would require the commission, the Department of General Services, and the State Air Resources Board to develop and adopt fuel-efficiency specifications governing the purchase by the state of motor vehicles and replacement tires. The bill would require the commission and the department, in developing the specifications, to jointly conduct a study to examine state vehicle purchasing patterns and to analyze the costs and benefits of reducing the energy consumption of the state fleet by no less than 10% on or before January 1, 2005. The bill would also require the commission, the department, and the state board, on or before January 31, 2003, and annually thereafter, to develop and adopt air pollution emission specifications governing the purchase by the state of passenger cars and light-duty trucks that meet or exceed the state's Ultra-Low Emission Vehicle (ULEV) standards for exhaust emissions. The bill also would require the commission, on or before January 31, 2003, to develop and adopt recommendations for consideration by the Governor and Legislature for a California State Fuel-Efficient Tire Program.

Signing Message

To the Members of the California Legislature:

I am signing Senate Bill 1170 which requires the California Energy Commission, the Department of General Services and the Air Resources Board to adopt fuel-efficiency and air pollution emission standards for the tires used in the state fleet. In addition, this bill requires the Commission to conduct a study to encourage Californians to purchase tires that would increase fuel efficiency.

Because of current budget constraints, I am encouraging the Energy Commission to seek matching funds for the bill through a public/private partnership. If such funding is made available, I will redirect existing State funds within the Energy Commission to carry out the bill's requirements.

Sincerely,
Gray Davis

SBX1 28 Sher Energy siting of power plants: unemployment insurance
Chaptered # 12 05/22/2001

(1) Existing law contains various provisions relative to air pollution control. This bill would require the State Air Resources Board, on or before July 1, 2002, in consultation with air pollution control districts, air quality management districts and the Independent System Operator, to establish a schedule for the retrofit of certain electrical generation facilities that would require completion of the retrofits by December 31, 2004, except as specified. The bill also would require the state board, on or before July 1, 2001, to implement a program for the banking, trading, and purchasing of emission reduction credits for electrical generating facilities. This bill contains other related provisions and other existing laws.

SBX2 64 Costa Energy: qualified agricultural biomass: incentive grants
Chaptered # 4 10/01/2001

(1) Under the existing Agricultural Biomass-to-Energy Incentive Grant Program, an air pollution control district or an air quality management district, may apply to the California Technology, Trade, and Commerce Agency for a grant to provide incentives to facilities that convert qualified agricultural biomass to energy. Existing law defines a facility as any California site that, among other things, as of July 1, 2000, converted, and continues to convert, qualified agricultural biomass, as defined, to energy, and the conversion results in lower oxides of nitrogen (NOx) emissions than would otherwise be produced if burned in the open field during the ozone season, and, if the site produces electricity for sale to a public utility, the site does not qualify for specified fixed energy prices. This bill would include within that definition any California site that operated prior to July 1, 2000, converting qualified agricultural biomass to energy, was closed for a period of time but maintained all applicable air quality permits during that closure, and that is ready to reopen on or before June 30, 2001. The bill would provide that if the site produces electricity for sale, it does not qualify for fixed energy prices established prior to June 30, 2000. By requiring air districts to make additional determinations regarding the eligibility of facilities under the program, this bill would impose a state-mandated local program. This bill contains other related provisions and other existing laws.

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