2017 Final Chaptered and Vetoed Legislative Update for 2017 Session

The following list and information is an update to the previously posted 10/4/17 and 10/10/17 Legislative Updates that includes actions by the Governor between 10/11/17 and 10/15/17. This concludes the 2017 legislative session with the passing of the October 15, 2017 deadline for the Governor to either veto, sign, or allow other bills to become law by not vetoing them before the deadline approaches.

You can find a complete list of enrolled, chaptered, and vetoed bills on EPIC’s Legislative Center website.

Chaptered

The Governor signed the following bills between 10/11/17 and 10/15/17.

 

Air Pollution

SB 563 (Lara):  Residential Wood Smoke 

This bill:1) establishes the Woodsmoke Reduction Program to be administered by the state board, in coordination with air districts, to promote the voluntary replacement of old wood-burning stoves with cleaner and more efficient alternatives in order to achieve short- and long-term climate benefits and localized public health benefits, as specified, and 2) authorizes moneys from the Greenhouse Gas Reduction Fund to be allocated for incentives offered as part of the program. By adding to the duties of air districts, this bill imposes a state-mandated local program.

 

Energy Storage

SB 801 (Stern): Energy Storage Systems: Aliso Canyon Natural Gas Storage Facility

Under existing law, the Public Utilities Commission (“PUC”) has regulatory authority over public utilities, including electrical corporations, while local publicly owned electric utilities are under the direction of their governing board. Pursuant to a statute requiring it to adopt initiatives to reduce demand for electricity and reduce load during peak demand periods, including differential incentives for renewable or super clean distributed generation resources, the PUC adopted decisions establishing a self-generation incentive program. This bill: 1) requires a local publicly owned electric utility that provides electric service to 250,000 or more customers within the Los Angeles (“LA”) Basin to provide the PUC upon request, with that electrical grid data that the PUC deems useful to enable distributed energy resource providers to create more reliable solutions in areas electrical reliability has been impacted by reduced gas storage capacity deliverability resulting from the well failure at the Aliso Canyon natural gas storage facility, 2) requires, to the extent doing so is cost-effective, a local publicly owned electric utility providing electric service to more than 250,000 customers within the LA Basin to maximize the use of demand response, renewable energy resources, and energy efficiency to reduce demand in the area where electrical reliability has been impacted by reduced gas storage capacity and deliverability resulting from the well failure at the Aliso Canyon natural gas storage facility, 3) requires the LA Department of Water and Power, in coordination with the city council of the City of LA by June 1, 2018, to determine the cost-effectiveness and feasibility of deploying a minimum aggregate total of 100 megawatts of cost-effective energy storage solutions and, if it determines that doing so is cost effective and feasible, to deploy those cost-effective energy storage solutions, after June 1, 2018, 4) requires an electrical corporation serving the LA Basin, by June 1, 2018, to the extent doing so is cost effective and feasible and necessary to meet the reliability requirements of the electrical system in the Los Angeles Basin, to deploy a minimum aggregate total of 20 megawatts of cost-effective energy storage solutions and would authorize the electrical corporation to count these cost-effective energy storage solutions towards the capacity requirement for purposes of the 500 megawatt distributed energy storage requirements for the 3 large electrical corporations’ distributed energy programs and investments, 5) requires certain moneys collected by the PUC or other state agency from a gas corporation serving the LA Basin pursuant to a proceeding relating to the well failure at the Aliso Canyon natural gas storage facility to be deposited in the Alison Canyon Recovery Account, which the bill would create, 6) authorizes moneys in the Alison Canyon Recovery Account to be allocated, upon appropriation by the Legislature, for purposes of mitigating impacts on local air quality and ratepayers resulting from the well failure at Aliso Canyon, and 7) states the intent of the Legislature that the PUC and specified public utilities shall take immediate actions to support rapid compliance with these provisions, and urge local governments to do the same.

 

Greenhouse Gas/Climate Change

SB 5 (De León): California Drought, Water, Parks, Climate, Coastal Protection, and Outdoor Access For All Act of 2018

This bill: 1) enacts the California Drought, Water, Parks, Climate, Coastal Protection, and Outdoor Access For All Act of 2018, which, if approved by the voters, would authorize the issuance of bonds in an amount of $3,832,000,000 pursuant to the State General Obligation Bond Law to finance a drought, water, parks, climate, coastal protection, and outdoor access for all program, 2) each fiscal year that principal or interest on bonds issued and sold for the program are due and payable, appropriates $10,000,000 from the General Fund to the Department of Parks and Recreation for the purpose of paying costs associated with operating and maintaining certain parks projects funded by the program, 3) provides for the submission of these provisions to the voters at the June 5, 2018, statewide primary direct election, and 4) declares that it is to take effect immediately as an urgency statute.

AB  262 (Bonta): Buy Clean California Act

This bill: 1) by January 1, 2019, requires the Department of General Services to establish, and publish in the State Contracting Manual, a maximum acceptable global warming potential for each category of eligible materials, in accordance with requirements set out in the bill, 2) by January 1, 2022, and every 3 years thereafter, requires the department to review the maximum acceptable global warming potential for each category of eligible materials established, and authorizes the department to adjust that number downward for any eligible material to reflect industry improvements, as provided, 3) for specified types of contracts entered into on or after July 1, 2019, requires an awarding authority to require a successful bidder to submit a current Environmental Product Declaration, developed in accordance with specified standards, for that type of product, 4) requires an awarding authority to include in a specification for a bid for an eligible project, as defined, that the facility-specific global warming potential for any eligible materials does not exceed the maximum global warming potential for that material determined by the department in accordance with the process described above, 5) authorizes an awarding authority to include in a specification for bids for an eligible project a facility-specific global warming potential for any eligible material that is lower than the maximum global warming potential for that material as determined by the department in accordance with the process described above, 6) prohibits a successful bidder from installing any eligible materials on an eligible project until that bidder submits an Environmental Product Declaration to the awarding authority for that project, 7) requires an awarding authority, in carrying out its duties under the act, to strive to continuously reduce emissions over time, 8) define “awarding authority” for these purposes to include state departments and entities subject to the State Contract Act, the Regents of the University of California, and the Trustees of the California State University, and 9) by January 1, 2022, requires the department to submit a report to the Legislature on any obstacles to the implementation of this article, and the effectiveness of this article in reducing global warming potential.

AB 733 (Berman): Climate Change Enhanced Infrastructure Financing District Projects

Existing law authorizes the legislative body of a city or a county to establish an enhanced infrastructure financing district to finance public capital facilities or other specified projects of community wide significance, and make related findings and declarations. This bill additionally authorizes the financing of projects that enable communities to adapt to the impacts of climate change, including, but not limited to, specified impacts described in the bill, and makes conforming changes to the Legislature’s findings and declarations.

 

Oil/Petroleum

AB 1328 (Limón): Oil and Gas: Water Quality

This bill:1) provides that, in conducting an investigation of the quality of state waters that includes collection of information about discharge of wastewater produced from an oil or gas field, a regional board or the state board may also require the person or entity, or its supplier, as specified, to furnish information to that board relating to all chemicals in the discharged wastewater, 2) provides for the trade secret protections described above to apply to information disclosed pursuant to this requirement, when requested by a person or entity, or a supplier, 3) requires the information collected pursuant to this requirement to be made available to the public on the Internet Web site of the regional board or the state board, and 4) authorizes a regional board or the state board, in collecting the above-described information, to consult with the Division of Oil, Gas, and Geothermal Resources regarding information collected by the division, pursuant to other disclosure requirements, that may be useful to the investigation.

 

Solar Energy

AB 1414 (Friedman): Solar Energy Systems: Permits

Existing law, for purposes of provisions governing property rights, defines the term “solar energy system” to mean any solar collector or other solar energy device whose primary purpose is to provide for the collection, storage, and distribution of solar energy for space heating or cooling, or for water heating, or any structural design feature of a building, whose primary purpose is to provide for the collection, storage, and distribution of solar energy for electricity generation, space heating or cooling, or water heating.  Existing law requires a city, county, or city and county to administratively approve applications to install solar energy systems through the issuance of a building permit or similar nondiscretionary permit. Existing law, until January 1, 2018, prohibits permit fees for rooftop solar energy systems that produce direct current electricity, as specified, by a city, county, city and county, or charter city from exceeding the estimated reasonable cost of providing the service for which the fee is charged, which cannot exceed $500 plus $15 per kilowatt (“kW”) for each kW above 15kW for residential permits and, for commercial permits, $1,000 for systems up to 50kW plus $7 per kW for each kW between 51kW and 250kW, plus $5 per kW for each kW above 250kW. Existing law authorizes permit fees that exceed these charges if, as part of a written finding and adopted resolution or ordinance, the city, county, city and county, or charter city provides substantial evidence, as specified, of the reasonable cost to issue the permit. This bill: 1) revises the definition of “solar energy system” to specify that a design feature additionally includes any photovoltaic device or technology that is integrated into a building, including, but not limited to, photovoltaic windows, siding, and roofing shingles or tiles, 2) extends the applicability of the above-described limit on fees to all solar energy systems and would extend the repeal date to January 1, 2025, 3) revises and reduce the maximum permit fees, as specified, for photovoltaic and thermal systems, 4) authorizes permit fees that exceed these charges if the city, county, city and county, or charter city provides substantial evidence, as part of a written finding and adopted resolution or ordinance, of the reasonable cost to issue the permit, and 5) requires the written finding to include consideration of any reduction in permit or inspection costs.

AB 634 (Eggman): Real Property: Solar Energy Systems

(I) Existing property law prohibits any covenant, restriction, or condition contained in any deed, contract, security instrument, or other instrument affecting the transfer or sale of, or any interest in, and any provision of a governing document from effectively prohibiting or restricting the installation or use of a solar energy system. Existing law also exempts from that prohibition provisions that impose reasonable restrictions on solar energy systems that do not significantly increase the cost of the system or significantly decrease its efficiency or specified performance. Existing law specifies that whenever approval is required for the installation or use of a solar energy system, the application for approval must be processed and approved by the appropriate approving entity in the same manner as an application for approval of an architectural modification to the property. Existing property law permits an association to impose reasonable provisions that restrict the installation of solar energy systems installed in common areas, as defined, to those systems approved by the association. This bill: 1) prohibits an association from establishing a general policy prohibiting the installation or use of a rooftop solar energy system for household purposes on the roof of the building in which the owner resides, or a garage or carport adjacent to the building that has been assigned to the owner for exclusive use, 2) prohibits an association from requiring approval by a vote of members owning separate interests in the common interest development in those circumstances. Any action by an association that contravenes these provisions would be void and unenforceable, and 3) makes nonsubstantive and clarifying changes.  (II) The Davis-Stirling Common Interest Development Act defines and regulates common interest developments. The act requires an affirmative vote of members owning at least 67% of the separate interests in the common interest development before the board may grant exclusive use of a portion of the common interest development to a member, unless the governing documents specify a different percentage. Existing law exempts from this requirement certain actions, including, among others, a grant of exclusive use to eliminate or correct engineering errors in recorded documents, to accommodate a disability, and to install and use an electric vehicle charging station through a license granted by the association. This bill also: 4) exempts from that vote requirement an action to install and use a solar energy system on the common roof of a residence that meets specified requirements, 5) requires an association, when reviewing a request to install a solar energy system on a multifamily common area roof shared by more than one homeowner, to require an applicant to notify each owner of a unit in the building on which the installation will be located of the application to install the solar energy system and to require each owner to maintain a homeowner liability coverage policy, as specified, and 6) permits an association, when reviewing this request, to impose additional reasonable requirements, including a requirement to submit a solar site survey showing the placement of the solar energy system, in accordance with specific criteria.

AB 1070 (Gonzalez Fletcher): Solar Energy System Contract Disclosures

 I) Existing law provides for the licensure and regulation of various professions and vocations by boards within the Department of Consumer Affairs. Existing law, the Contractors’ State License Law, provides for the licensure and regulation of contractors by the Contractors’ State License Board. Existing law requires licensed contractors to be classified and authorizes them to be classified as, among other things, a solar contractor. Under existing law, a solar contractor installs, modifies, maintains, and repairs thermal and photovoltaic solar energy systems. Existing law prohibits a solar contractor from performing building or construction trades, crafts, or skills, except when required to install a thermal or photovoltaic solar energy system. This bill: 1) requires the board, in collaboration with the PUC, on or before July 1, 2018, to develop and make available on its Internet Web site a disclosure document that provides a consumer with accurate, clear, and concise information regarding the installation of a solar energy system, as specified, 2) requires this disclosure document to be provided by the solar energy systems company to the consumer prior to completion of a sale, financing, or lease of a solar energy system, as defined, and that it, and the contract, be written in the same language as was principally used in the sales presentation and marketing material, 3) requires the department to receive and resolve complaints and consumer questions, and complaints received from state agencies, regarding solar energy systems companies and solar contractors, and 4) requires the department annually to compile a report documenting complaints it received relating to solar energy systems companies and solar contractors that it shall make available publicly on the department’s and the Public Utilities Commission’s Internet Web sites. II) Existing law governs certain obligations arising from particular transactions, including consumer contracts. This bill: 5) affords a consumer who enters into a contract for sale, financing, or lease of a solar energy system a period not exceeding 3 days, during which time he or she may cancel the contract for any reason. III) The California Constitution establishes the Public Utilities Commission and authorizes the commission to exercise ratemaking and rulemaking authority over all public utilities, as defined, subject to control by the Legislature. This bill: 6) requires the Public Utilities Commission to develop a standard methodology to be used in the calculation and presentation of electric utility bill savings to a consumer that can be expected by using a solar energy system by vendors, installers, or financing entities and to post the methodology on its Internet Web site, and 7) requires electrical corporations to post the methodology.

 

Transportation

AB 179 (Cervantes): California Transportation Commission: Membership Requirements

Under existing law, the California Transportation Commission (“CTC”) consists of 13 members, 9 of whom are to be appointed by the Governor, with effort to ensure geographic balance of representation, in consultation with the Senate.  This bill: 1) additionally requires the Governor, in appointing members, to use every effort to ensure the commission has a diverse membership with expertise in transportation issues, considering factors including, but not limited to, socioeconomic background and professional experience, which may include experience working in, or representing, disadvantaged communities, and 2) requires the CTC and State Air Resources Board to hold at least 2 joint meetings per calendar year to coordinate their implementation of transportation policies.

AB 805: County of San Diego: Transportation Agencies

This bill: 1) requires the mayor and the president of the city council of the City of San Diego to serve on the SANDAG board, 2) deletes the requirement for the chair of the County of San Diego Board of Supervisors to serve on the board, 3) requires that the chairperson and vice chairperson be elected by the membership of the board every 2 years or when a vacancy exists by the weighted vote process and that the chairperson and the vice chairperson not represent the same subregion, 4) modifies the weighted vote process, 5) increases the membership of the transportation committee from 9 to 10 members and would additionally provide for an audit committee with specified responsibilities, including the appointment of an independent performance auditor, 6) requires SANDAG to submit an annual report to the Legislature, developed by its transportation committee, that outlines various matters related to public transit, 7) requires the regional comprehensive plan to address greenhouse gas emissions reduction targets set by the State Air Resources Board and would require the plan to include strategies that provide for mode shift to public transportation, 8) requires the board members of the consolidated agency to make an annual report to their member agencies at a public meeting that includes a summary of the activities of the consolidated agency, including, but not limited to, program developments, project updates, changes to voter-approved expenditure plans, and potential ballot measures, 9) require one of the 4 San Diego City Council members on the MTS board to be the mayor, 10) grants to the City of Chula Vista a 2nd member, who would be the mayor, 11) require the chairperson of the MTS board to be selected by the board, 12) revises the process for selecting alternate members of the MTS board, 13) creates a similar weighted voting process for NCTD and modify the weighted voting process for the MTS, 14) additionally authorizes MTS and NCTD to individually impose a specified transactions and use tax within their respective portions of the County of San Diego, with revenues to be used for public transit purposes, as specified, serving their jurisdictions, and to issue bonds backed by these tax revenues, subject to similar requirements, 15) authorizes the MTS and the NCTD to increase the amount of the necessary preparatory costs incident to the administration and operation of the ordinance imposing a transaction and use tax, 16)  also requires the MTS and the NCTD to provide to the California Department of Tax and Fee Administration, within 45 days of the approval of the ordinance by the voters, a complete alphabetical list of all streets within the affected unincorporated area of their respective jurisdictions, maintain that list on their Internet Web sites, and provide a specified legal description and a map or plat, 17) prohibits the MTS, the NCTD, and the consolidated agency from entering into a construction contract over $1,000,000 with any entity unless the entity provides to the each agency an enforceable commitment that the entity and its subcontractors at every tier will use a skilled and trained workforce to perform all work on the project or a contract that falls within an apprenticeship occupation in the building and construction trades, except as specified, and 18) requires that any ordinance or measure adopted pursuant to these provisions be consistent with, and not in conflict with, any other statutory provisions governing the consolidated agency.

AB 758 (Eggman): Tri-Valley-San Joaquin Valley Regional Rail Authority

This bill: 1) establishes the Tri-Valley-San Joaquin Valley Regional Rail Authority for purposes of planning, developing, and delivering cost-effective and responsive transit connectivity between the Bay Area Rapid Transit District’s rapid transit system and the Altamont Corridor Express commuter rail service in the Tri-Valley, that meets the goals and objectives of the community, as specified, 2) requires the authority’s governing board to be composed of 15 representatives, 3) specifies the powers and duties of the  authority and would require the unencumbered balance of all local funds programmed for completion of the Bay Area Rapid Transit District’s Livermore extension or that have otherwise been identified for the  connectivity to be transferred to the authority, except as specified, 4) authorizes the authority to pursue any and all sources of funding, but would prohibit the authority from applying for funds available under the Transportation Development Act for which any member entity of the authority may also be an applicant or for which any member entity of the authority is charged with approving applications for funding under that act, without the express written consent of that affected member entity, and 5) requires the authority by July 1, 2019, to provide a project feasibility report to the public, to be posted on the authority’s Internet Web site, on the plans for the development and implementation of transit connectivity and to submit that report upon completion to specified entities.

 

Vetoed

The Governor vetoed the following bills.

 

California Environmental Quality Act

SB 80 (Wieckowski): CEQA Notices

This bill would have: 1) required the lead agency to post required notices on the agency’s Internet Web site, 2) required the agency to offer to provide those notices by email. Because this bill would increase the level of service provided by a local agency, this bill would impose a state-mandated local program, 3) required the county clerk to post the notices regarding an environmental impact report or a negative declaration on the county’s Internet Web site, 4) because the bill would have required a county clerk to post those notices on the county’s Internet Web site, this bill would have imposed a state-mandated local program, 5) if a lead agency determines that the project is not subject to the requirements of the CEQA and the agency approves or determines to carry out the project, the CEQA authorizes the lead agency or certain persons to file a notice of the determination, as specified, instead required the filing of the notice if the lead agency determines that a project falls within a class of projects that is exempted from the requirements of CEQA by the guidelines. A veto message can be found here.

AB 890 (Medina): Land Use: Planning and Zoning Initiatives

(I) The Planning and Zoning Law requires a county or city to prepare and adopt a comprehensive, long-term general plan for the physical development of the county or city. This bill would have: 1) required that the city council of a city or the board of supervisors of a county have exclusive authority to adopt or amend a general plan, specific plan, zoning ordinance, or any other similar document, that would convert any discretionary land use approval necessary for a project to ministerial approval; change the land use or zoning designation of a parcel or parcels to a more intensive designation; or allow more intensive land uses within an existing land use designation or zoning designation, 2) specified that it would not apply to a legislative act that meets specified conditions, would not affect the referendum powers, and would not affect the power of a city council or board of supervisors to submit a ballot measure to the voters under 2 circumstances set out in the bill. (II) Under the Planning Zone Law, a city, county, or city and county may enter into a development agreement with any person having a legal or equitable interest in real property for the development of the property. Existing law prohibits a city, county, or city and county from approving a development agreement unless the legislative body of that city or county finds that the agreement is consistent with the general plan and any applicable specific plan. This bill would: 3) prohibited a development agreement described above from being approved or amended by an ordinance adopted through the initiative process, 4) stated that this prohibition applies to a charter city, and 5) included findings that the changes proposed by this bill addresses a matter of statewide concern, and therefore shall apply to all cities and counties, including charter cities.  A veto message can be found here.

 

Greenhouse Gas/Climate Change

AB 863 (Cervantes): Affordable Housing and Sustainable Communities Program

Existing law continuously appropriates specified portions of the annual proceeds in the Greenhouse Gas Reduction Fund to various programs, including 20% for the Affordable Housing and Sustainable Communities Program administered by the Strategic Growth Council.  This bill would have: 1) provided that a project receiving funding pursuant to the Affordable Housing and Sustainable Communities Program shall be encouraged, among other things, to employ local entrepreneurs and workers utilizing appropriate workforce training programs, and 2) made related revisions to the policy objectives for the program. A veto message can be found here.

SB 51 (Jackson):

The California Whistleblower Protection Act requires the State Auditor to administer the act and to investigate and report on improper governmental activities, as defined. Existing law provides for the licensure and regulation of various professions and vocations by certain entities within state government. Existing law establishes various grounds upon which these entities may take disciplinary action against a licensee to suspend or revoke a license. Existing law requires the Secretary for Environmental Protection to coordinate greenhouse gas emission reductions and climate change activity in state government. This bill would: 1) prohibit these licensing entities, except the State Bar of California,  from taking disciplinary action, including suspension, loss of credential, registration, or other professional privilege, against a public employee or employee of a government contractor, subcontractor, or grantee, as defined to include those persons working in the environmental sciences and climate-change-related fields, in connection with actions taken by that person to report improper governmental action or communicate the results of or information about scientific or technical research in a scientific or a public forum or with the media, 2) additionally require the Secretary for Environmental Protection to make every reasonable effort to preserve and make available to the public through its Internet Web site scientific information and other data that, in the secretary’s opinion, are at risk of censorship or destruction by the federal government, and 3) include findings and declarations related to the measure, including that the purpose of these provisions is, to the maximum extent feasible under state law, to ensure those persons may report improper governmental activity and to continue to make scientific and other information open to the public without fear of losing their professional licenses or credentials. A veto message can be found here.

 

Electric Vehicles

AB 1239 (Holden): Installation of Electric Vehicle Charging Infrastructure

The California Building Standards Law provides for the adoption of building standards by state agencies by requiring all state agencies that adopt or propose adoption of any building standard to submit the building standard to the California Building Standards Commission for approval and adoption. That law requires the Department of Housing and Community Development to propose mandatory building standards for the installation of future electric vehicle charging infrastructure for parking spaces in multifamily dwellings. That law also requires the department and the commission to use specified provisions of the California Green Building Standards Code as a starting point for those mandatory building standards. This bill would: 1) express legislative findings and declarations relating to the adoption of building standards to increase electric vehicle charging infrastructure, 2) require the department and the commission to research, develop, propose, and adopt building standards regarding electric vehicle capable parking spaces for existing parking structures, as specified, located adjacent to, or associated with, multifamily dwellings and nonresidential buildings in a triennial edition of the California Building Standards Code adopted after January 1, 2018, as specified. A veto message can be found here.

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About Joe Kaatz

Staff Attorney at the Energy Policy Initiatives Center, University of San Diego School of Law.
This entry was posted in CEQA, Energy, Greenhouse Gas, Legislation, Renewable Energy, Transportation and tagged , , , , , , , , , , , , , , , , , , . Bookmark the permalink.

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