2024 Proposed Legislation Impacting Environmental Permitting and Air Quality
The California Legislature’s 2024 legislative calendar is now in full swing. Baker Manock & Jensen’s Water and Public Agency teams have been monitoring dozens of bills related to water, public agencies, air quality, environmental permitting, and municipal fees and charges. Below we highlight six pending bills that will impact environmental permitting and air quality.
If you have questions about how these pending bills may impact you, please contact Shareholder Lauren D. Layne at 559-432-5400.
AB 2626: Advanced Clean Fleets regulations: local governments.
Asm. Dixon (R- Newport Beach). This bill would extend the compliance dates for local governments set forth in the Advanced Clean Fleets Regulation (“ACF”) by 10 years. The bill would prohibit the California Air Resources Board (“CARB”) from taking enforcement action against a local government for violating the ACF if the alleged violation occurs before January 1, 2025.
AB 3219: Advanced Clean Fleets Regulation: local governments.
Asm. Sanchez (R- Ranch Santa Margarita). This bill would provide that the requirements of the ACF do not apply to the purchase by a local government of vehicles with a gross vehicle weight rating greater than 8,500 pounds if the price of the ZEV version is more than a percentage of the price, to be determined, of a comparable internal combustion engine version of that vehicle.
SB 945: The Wildfire Smoke and Health Outcomes Data Act.
Sen. Alvarado-Gil (D- Jackson). This bill would require CDPH, Cal FIRE, the Wildfire and Forest Resilience Task Force, and CARB to coordinate and integrate existing wildfire smoke and health data from local, State, and federal agencies to provide adequate information to understand the negative health impacts caused by wildfire smoke and to evaluate the effectiveness of investments in forest health and wildfire mitigation on health outcomes. This bill would require creation of a statewide integrated wildfire smoke and health data platform and protocols for data sharing, documentation, quality control, etc. It would create a fund and funds would be available upon appropriation.
SB 1393: Advanced Clean Fleets Regulation Appeals Advisory Committee.
Sen. Niello (R- Fair Oaks). This bill would require CARB to establish the Advanced Clean Fleets Regulation Appeals Advisory Committee (“Committee”), by a date to be determined, for purposes of reviewing appeals of denied requests for exemptions from the requirements of the ACF and to make recommendations to CARB with respect to the denial of the exemption request.
ENVIRONMENTAL PERMITTING
AB 2409: Office of Planning and Research: permitting accountability transparency dashboard. Asm. Papan (D- San Mateo).
This bill would require the Governor’s Office of Planning and Research (“OPR”), on or before January 1, 2026, to create and maintain a permitting accountability transparency website (the “dashboard”). The dashboard must include a display for each permit to be issued by specified state agencies for all covered projects and must provide certain information for each permit to be issued by a state agency that is required for the completion of the project.
AB 2330: Endangered species: authorized take: routine fuel management activities.
Asm. Holden (D- Pasadena). This bill aims to remedy slow permitting timelines delaying local jurisdictions from conducting fuel reduction management activities on lands located in fire hazard severity zones near urban areas. This bill would require the California Department of Fish and Wildlife (“CDFW”) to approve the take of endangered species, threatened species, and candidate species incidental to any routine fuel reduction activities conducted by a local agency on lands that are within moderate, high, or very high fire hazard severity zones and adjacent to WUI fire areas, within 90 days of receiving an application. If CDFW does not issue a permit or MOU within 90 days, the bill stipulates CDFW concedes its authority and defers to the State Fire Marshal who shall make a determination within 30 days on whether a local agency may conduct routine fuel management activities on those lands for the protection of life and property.
AB 2610: Protected species: authorized take: Salton Sea Management Program: System Conservation Implementation Agreement.
Asm. Garcia (D- Coachella). This bill would authorize CDFW, if certain conditions are fulfilled, to authorize the take of species resulting from impacts attributable to the implementation of the Salton Sea Management Program or implementation of any System Conservation Implementation Agreement between the United States Bureau of Reclamation and the Imperial Irrigation District to implement the Lower Colorado River Basin System Conservation and Efficiency Program (Program), for the years 2024-2026.
By Lauren’s law practice focuses on general water and environmental law, including CEQA and NEPA compliance, and includes various business transactional matters in the areas of water rights, water quality, public agency law, agribusiness, and real property.
By Kaitlin’s legal practice focuses on water and natural resources law, water rights, water quality, municipal rates and fees, public agency law, agribusiness, eminent domain, real property, and general civil litigation.
Disclaimer
This Legal Update / Bulletin is for educational purposes only as well as to give you general information and a general understanding of the law, not to provide specific legal advice. This update should not be used as a substitute for competent legal advice from a licensed professional attorney in your state.
