Delta – Covered Action

SB 735 (Wolk)– Support
As Amended on April 16, 2013

SB 735, by Senator Lois Wolk, would exclude from the definition of “covered action” the approval or implementation of a Habitat Conservation Plan submitted by the cities or counties, or both, within the Counties of Contra Costa, Sacramento, San Joaquin, Solano, or Yolo, pursuant to the federal Endangered Species Act or the Natural Community Conservation Planning Act 

The Sacramento-San Joaquin Delta Reform Act of 2009 requires a state or local agency that proposes to undertake a covered action to prepare a written certification as to whether the covered action is consistent with the Delta Plan. The act defines “covered action” to mean a plan, program, or project that meets specified conditions.

The Delta Counties — Contra Costa, Sacramento, San Joaquin, Solano, and Yolo are supporting SB 735 because it will eliminate uncertainty regarding potential challenges at the Delta Council regarding local habitat conservation plans and consistency with the Delta Plan. 

This bill is scheduled to be heard before the Senate Natural Resources and Water Committee on Tuesday, April 23.

California Fairs

SB 741 (Cannella)—Request for Comments
As Amended on April 10, 2013

SB 741, by Senator Anthony Cannella, would revise the duties, responsibilities, and powers of the California Department of Food and Agriculture, the Department of General Services, and district agricultural associations in regards to the operation, oversight, administration, governance, and funding of California fairs. Of particular interest is the provision that would consolidate identified revenues generated by racing associations and fairs to be deposited into the Fair and Exposition Fund. These monies would be continuously appropriated and allocated to fairs for various purposes. SB 741 is scheduled to be heard before the Senate Governmental Organization Committee on Tuesday, April 23.

Fireworks

SB 777 (Calderon) – Request for Comments
As Amended April 15, 2013

SB 777, by Senator Ron Calderon, would make changes to how fireworks are handled in California. California’s current system of storage and disposal of fireworks is wrought with many challenges. Currently in California, fireworks are deemed hazardous due to their heavy metal composition and may only be disposed of in a Class I facility, of which there are none in the State. There are also challenges to the transportation of these fireworks due to US Department of Transportation regulations and no guidance has been given to local jurisdictions as to how to safely store, segregate and maintain these products so as to reduce disposal costs. 

SB 777 would make several changes to the fireworks management process, including requiring the State Fire Marshall to establish operational regional collection centers for the purpose of receiving seized safe and sane federally approved fireworks. SB 777 would also allow local jurisdictions to keep administrative fines and penalties associated with the seizure of dangerous fireworks rather than the forwarding 65% of collected money to the State Fire Marshall as currently required by law. The bill also allows cities and counties the authority to pass a local ordinance to allow for the sale of safe and sane fireworks over the New Year holiday, beginning on December 26th – January 1. This bill will be heard in the Senate Governmental Organization Committee on April 23, 2013. 

Cap and Trade

The California Air Resources Board (CARB) has released their draft Investment Plan for Cap and Trade auction revenues. The plan can be found on CARB’s website. 

In 2012, the Legislature passed and Governor Brown signed into law three bills – AB 1532 (Pérez, Chapter 807), Senate Bill (SB) 535 (De León, Chapter 830), and SB 1018(Budget and Fiscal Review Committee, Chapter 39) – that establish the Greenhouse Gas Reduction Fund to receive auction proceeds and to provide the framework for how the auction proceeds will be administered. SB 535 further requires that 25 percent of the proceeds that will be expended benefit disadvantaged communities and at least 10 percent of the proceeds expended be invested in projects located within those communities.

The Department of Finance, in consultation with the CARB and other state entities, will develop and submit to the Legislature a three-year investment plan for the auction proceeds. The investment plan will identify the State’s greenhouse gas emission reduction goals and priority programs for investment of proceeds to support achievement of those goals. Department of Finance will submit the final plan to the Legislature in May 2013. Funding will be appropriated to State agencies by the Legislature consistent with the plan. 

CSAC, along with a coalition of local government partners, has been advocating for a portion funds from the Cap and Trade auction to be directed to local jurisdictions for the purposes of funding local greenhouse gas emissions reduction projects. CSAC advocates that the State would be best served if a portion of AB 32 funds were dedicated to a local emission reduction program whereby regional and local agencies can serve as a delivery tool for a range of investments from clean and renewable energy, to water efficiency and supply, to natural resource and urban forestry projects that achieve the greatest GHG reduction in a local jurisdiction.

The CARB Board will hold a public meeting to discuss the draft investment plan on April 25, 2013 at 9:00am in Sacramento. For more information about this meeting, see the CARB website.