Bill Text: CA SB49 | 2017-2018 | Regular Session | Amended

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Bill Title: California Environmental, Public Health, and Workers Defense Act of 2017.

Spectrum: Partisan Bill (Democrat 9-0)

Status: (Engrossed - Dead) 2017-09-12 - From committee with author's amendments. Read second time and amended. Re-referred to Com. on RLS. [SB49 Detail]

Download: California-2017-SB49-Amended.html

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Amended  IN  Assembly  September 08, 2017

Amended  IN  Assembly  September 05, 2017

Amended  IN  Assembly  July 18, 2017

Amended  IN  Senate  May 26, 2017

Amended  IN  Senate  February 22, 2017

CALIFORNIA LEGISLATURE— 2017–2018 REGULAR SESSION

Senate Bill

No. 49

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Introduced by Senators De León and Stern
(Coauthors: Senators Beall and Skinner)
(Coauthors: Assembly Members Chiu, Dababneh, Friedman, Levine, and McCarty)

December 05, 2016

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An act to add Title 24 (commencing with Section 120000) to the Government Code, and to amend Sections 42501, 42504, 42505, and 42506 of the Health and Safety Code, relating to state prerogative.

LEGISLATIVE COUNSEL'S DIGEST

SB 49, as amended, De León. California Environmental, Public Health, and Workers Defense Act of 2017.

(1) The federal Clean Air Act regulates the discharge of air pollutants into the atmosphere. The federal Clean Water Act regulates the discharge of pollutants into water. The federal Safe Drinking Water Act establishes drinking water standards for drinking water systems. The federal Endangered Species Act of 1973 generally prohibits activities affecting threatened and endangered species listed pursuant to that act unless authorized by a permit from the United States Fish and Wildlife Service or the National Marine Fisheries Service, as appropriate.

Existing state law regulates the discharge of air pollutants into the atmosphere. The Porter-Cologne Water Quality Control Act regulates the discharge of pollutants into the waters of the state. The California Safe Drinking Water Act establishes standards for drinking water and regulates drinking water systems. The California Endangered Species Act requires the Fish and Game Commission to establish a list of endangered species and a list of threatened species, and generally prohibits the taking of those species. The Protect California Air Act of 2003 prohibits air quality management districts and air pollution control districts from amending or revising their new source review rules or regulations to be less stringent than those rules or regulations that existed on December 30, 2002, except under certain circumstances. That act requires the state board to provide on its Internet Web site, and in writing for purchase by the public, a copy of the federal new source review regulations as they read on December 30, 2002, and a related document.

This bill would prohibit state or local agencies from amending or revising their rules and regulations implementing the above state laws to be less stringent than the baseline federal standards, as defined, and would require specified agencies to take prescribed actions to maintain and enforce certain requirements and standards pertaining to air, water, and protected species. The bill would make conforming changes to the Protect California Air Act of 2003. By imposing new duties on local agencies, this bill would impose a state-mandated local program.

(2) Existing law provides for the enforcement of laws regulating the discharge of pollutants into the atmosphere and waters of the state. Existing law provides for the enforcement of drinking water standards. Existing law provides for the enforcement of the California Endangered Species Act.

This bill would authorize a person acting in the public interest to bring an action to enforce certain standards and requirements implementing the above-mentioned state laws if specified conditions are satisfied. The bill would make the operation of this authorization contingent on the occurrence of certain events.

(3) Existing federal law generally establishes standards for workers’ rights and worker safety.

Existing state law generally establishes standards for workers’ rights and worker safety.

This bill would prohibit a state agency that implements those laws from amending or revising its rules and regulations in a manner that is less stringent in its protection of workers’ rights or worker safety than standards established by federal law in existence as of January 1, 2016.

(4) Existing law authorizes a person to petition a court for the issuance of a writ of mandate to a public agency to compel the performance of an action required by law or to review a decision of the public agency.

This bill would expressly authorize a person to petition a court for a writ of mandate to compel a state or local agency to perform an act required by, or to review a state or local agency’s action for compliance with, this measure.

(5)This bill would require state agencies, on a semi-annual basis, to report to the Legislature on compliance with the above requirements.

(6)

(5) The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.

This bill would provide that with regard to certain mandates no reimbursement is required by this act for a specified reason.

With regard to any other mandates, this bill would provide that, if the Commission on State Mandates determines that the bill contains costs so mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above.

Digest Key

Vote: MAJORITY   Appropriation: NO   Fiscal Committee: YES   Local Program: YES  

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Bill Text

The people of the State of California do enact as follows:

SECTION 1.

 Title 24 (commencing with Section 120000) is added to the Government Code, to read:

TITLE 24. California Environmental, Public Health, and Workers Defense Act of 2017

DIVISION 1. General Provision

120000.

 This title shall be known, and may be cited, as the California Environmental, Public Health, and Workers Defense Act of 2017.

DIVISION 2. Environment, Natural Resources, and Public Health

CHAPTER  1. Findings and Declarations

120010.

 The Legislature finds and declares all of the following:

(a) For over four decades, California and its residents have relied on federal laws, including the federal Clean Air Act (42 U.S.C. Sec. 7401 et seq.), the Federal Water Pollution Control Act (Clean Water Act) (33 U.S.C. Sec. 1251 et seq.), the federal Safe Drinking Water Act (42 U.S.C. Sec. 300f et seq.), and the federal Endangered Species Act of 1973 (16 U.S.C. Sec. 1531 et seq.), along with their implementing regulations and remedies, to protect our state’s public health, environment, and natural resources.

(b) These federal laws establish standards that serve as the baseline level of public health and environmental protection, while expressly authorizing states like California to adopt more protective measures.

(c) Beginning in 2017, a new presidential administration and United States Congress have signaled a series of direct challenges to these federal laws and the protections they provide, as well as to the underlying science that makes these protections necessary, and to the rights of the states to protect their own environment, natural resources, and public health as they see fit.

(d) It is therefore necessary for the Legislature to enact legislation that will ensure continued protections for the environment, natural resources, and public health in the state even if the federal laws specified in subdivision (a) are undermined, amended, or repealed.

120011.

 The purposes of this division are to do all of the following:

(a) Retain protections afforded under the federal laws specified in subdivision (a) of Section 120010 and regulations implementing those federal laws in existence as of January 19, 2017, regardless of actions taken at the federal level.

(b) Protect public health and welfare from any actual or potential adverse effect that reasonably may be anticipated to occur from pollution, including the effects of climate change.

(c) Preserve, protect, and enhance the environment and natural resources in California, including, but not limited to, the state’s national parks, national wilderness areas, national monuments, national seashores, and other areas with special national or regional natural, recreational, scenic, or historic value.

(d) Ensure that economic growth will occur in a manner consistent with the protection of public health and the environment and preservation of existing natural resources.

(e) Ensure that any decision made by a public agency that may adversely impact public health, the environment, or natural resources is made only after careful evaluation of all the consequences of that decision and after adequate procedural opportunities for informed public participation in the decisionmaking process.

2.Definitions

120020.

For purposes of this division, the following definitions apply:

(a)“Baseline federal standards” means federal laws or federal regulations implementing the federal laws in effect as of January 19, 2017.

(b)“Baseline federal standards for other federal laws” means other federal laws or federal regulations implementing the other federal laws in effect as of January 19, 2017.

(c)“Federal law” means any of the following:

(1)The federal Clean Air Act (42 U.S.C. Sec. 7401 et seq.).

(2)The federal Endangered Species Act of 1973 (16 U.S.C. Sec. 1531 et seq.).

(3)The federal Safe Drinking Water Act (42 U.S.C. Sec. 300f et seq.).

(4)The Federal Water Pollution Control Act (33 U.S.C. Sec. 1251 et seq.).

(d)“Other federal laws” means any of the following:

(1)The federal Wild and Scenic Rivers Act (16 U.S.C. Sec. 1271 et seq.).

(2)The federal San Joaquin River Restoration Settlement Act (Part I of Subtitle A of Title X of Public Law 111-11).

(3)The federal Central Valley Project Improvement Act (Title 34 of Public Law 102-575).

CHAPTER  2. Operative Provisions

1.General

120030.

(a)Except as authorized by state law, a state or local agency shall not amend or revise its rules and regulations to be less stringent than the baseline federal standards.

(b)This division does not prohibit a state or local agency from establishing rules and regulations for California that are more stringent than the baseline federal standards.

120031.

(a)To the extent authorized by federal law and except as authorized by state law, a state or local agency that is delegated the authority to enforce other federal laws or that implements the state law that is an analogue to other federal laws shall not amend or revise its rules and regulations to be less stringent than the baseline federal standards for other federal laws.

(b)This division does not prohibit a state or local agency from establishing rules or regulations for California that are more stringent than the baseline federal standards for other federal laws.

Article  1. Air

120040.

 The Legislature finds and declares both of the following:

(a) The California Global Warming Solutions Act of 2006 (Division 25.5 (commencing with Section 38500) of the Health and Safety Code) and Division 26 (commencing with Section 39000) of the Health and Safety Code are the state analogue to the federal Clean Air Act (42 U.S.C. Sec. 7401 et seq.).

(b) The State Air Resources Board, air quality management districts, and air pollution control districts in California formulate and adopt the state implementation plans for California under the federal Clean Air Act as well as regional and local air quality regulations, and issue permits governing the emission of certain substances, including greenhouse gases, into the air.

120041.

Except as otherwise authorized by state law, all of the following apply:

(a)In addition to maintaining air quality requirements and standards under state law, the State Air Resources Board, air quality management districts, and air pollution control districts shall maintain and enforce all air quality requirements and standards to be at least as stringent as the baseline federal standards, as determined by the state board or an air district, in addition to air quality requirements and standards required under state law.

(b)If the State Air Resources Board determines that baseline federal standards regarding air quality have been repealed, revised, or amended to be less stringent, the state board shall adopt a standard or requirement to be at least as stringent as the baseline federal standards, as determined by the state board.

(c)Notwithstanding the repeal, revision, or amendment of any federal requirements for a state implementation plan that would make those requirements less stringent than the baseline federal standards, the State Air Resources Board, air quality management districts, and air pollution control districts shall adopt state implementation plans for California that meet requirements that are at least as stringent as those required by the applicable baseline federal standards, as determined by the state board or an air district, in addition to those required by state law.

(d)If the state board determines the federal transportation conformity program is repealed or becomes less stringent than the applicable baseline federal standards, the State Air Resources Board, air quality management districts, and air pollution control districts shall adopt and implement requirements that are at least as stringent as those required by the applicable baseline federal standards, as determined by the state board or an air district, in addition to those required by state law.

(e)If the state board determines that the United States Environmental Protection Agency repealed or no longer implements the prevention of significant deterioration program in accordance with the applicable baseline federal standards, then, where an air quality management district or air pollution control district has not received authority to issue prevention of significant deterioration permits, the State Air Resources Board shall establish a state prevention of significant deterioration program to issue permits that are at least as stringent as the applicable baseline federal standards, as determined by the state board.

(f)Notwithstanding any other law, the State Air Resources Board, when adopting regulations pursuant to this article, may adopt those regulations in accordance with Section 100 of Title 1 of the California Code of Regulations and the regulations shall be deemed to be a change without regulatory effect pursuant to paragraph (6) of subdivision (a) of that section.

120041.

 For purposes of this article, “baseline federal standards” means federal laws or federal regulations implementing the federal Clean Air Act (42 U.S.C. Sec. 7401 et seq.) in effect as of January 19, 2017, including federal requirements for a state implementation plan, federal requirements for the transportation conformity program, and federal requirements for the prevention of significant deterioration.

120042.

 Except as otherwise authorized by state law, all of the following apply:

(a) To ensure no backsliding as a result of any change in the federal Clean Air Act (42 U.S.C. Sec. 7401 et seq.) or its implementing regulations, the State Air Resources Board shall regularly assess proposed and final changes to federal statutes and regulations that threaten to weaken existing environmental or public health standards and regulations related to matters under the State Air Resources Board’s jurisdiction or the jurisdiction of the regional or local air quality management boards. As part of its regular assessment, the State Air Resources Board shall provide an opportunity for public input.

(b) If the State Air Resources Board determines that a change identified under subdivision (a) reasonably could result in a negative impact to the environment or public health or welfare in California, it shall, as determined by the State Air Resources Board, take actions as necessary in order to maintain protections at least as stringent as baseline federal standards. These measures shall be adopted by the earliest feasible date. Nothing herein prohibits the State Air Resources Board from establishing rules and regulations for California that are more stringent than the baseline federal standards.

(c) The State Air Resources Board may adopt the measures under subdivision (b) using either of the following procedures:

(1) As an emergency regulation in accordance with the Administrative Procedure Act, Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code.

(2) By adoption or amendment of a state policy, plan, or regulation.

(d) Notwithstanding any other law, the State Air Resources Board, when adopting a measure under paragraph (2) of subdivision (c) may adopt those measures in accordance with Section 100 of Title 1 of the California Code of Regulations and the measures shall be deemed to be a change without regulatory effect pursuant to paragraph (6) of subdivision (a) of that section and not subject to additional notice, procedural, or other considerations contained in state analogue statutes identified in this article.

Article  2. Water

120050.

 The Legislature finds and declares all of the following:

(a) The Porter-Cologne Water Quality Control Act (Division 7 (commencing with Section 13000) of the Water Code) is the state analogue to the Federal Water Pollution Control Act (33 U.S.C. Sec. 1251 et seq.), otherwise known as the federal Clean Water Act.

(b) The California Safe Drinking Water Act (Chapter 4 (commencing with Section 116270) of Part 12 of Division 103 of the Health and Safety Code) is the state analogue to the federal Safe Drinking Water Act (42 U.S.C. Sec. 300f et seq.).

(c) The State Water Resources Control Board administers water rights and, together with the regional water quality control boards, implements the federal Clean Water Act and the Porter-Cologne Water Quality Control Act to preserve, protect, enhance, and restore water quality by setting statewide policy, formulating and adopting water quality control plans, setting standards, issuing permits and waste discharge requirements, determining compliance with those permits and waste discharge requirements, and taking appropriate enforcement actions.

(d) The State Water Resources Control Board regulates public drinking water systems pursuant to the federal Safe Drinking Water Act and the California Safe Drinking Water Act to ensure the delivery of safe drinking water to Californians.

120051.

Except as otherwise authorized by state law, all of the following apply:

(a)(1)In addition to maintaining and enforcing water supply and water quality standards under state law, the State Water Resources Control Board and regional water quality control boards shall maintain and enforce all water supply and water quality standards to be at least as stringent as applicable baseline federal standards, as determined by the State Water Resources Control Board or the regional water quality control boards.

(2)In addition to maintaining and enforcing drinking water standards under state law, the State Water Resources Control Board shall maintain and enforce all drinking water standards to be at least as stringent as applicable baseline federal standards, as determined by the board.

(b)If the State Water Resources Control Board determines that baseline federal standards regarding water supply, water quality, or drinking water standards have been revised or amended to be less stringent, the board shall adopt a standard or requirement to be at least as stringent as the baseline federal standards, as determined by the board.

(c)(1)Waste discharge requirements and permits that are issued on and after January 1, 2018, shall be at least as protective of the environment and comply with all applicable water quality standards, effluent limitations, and restrictions as required by the applicable baseline federal standards, in addition to those required by state law.

(2)Drinking water supply permits that are issued on and after January 1, 2018, shall be at least as protective of public health and comply with all applicable drinking water standards as required by the applicable baseline federal standards, in addition to those required by state law.

(d)A water quality control plan adopted on or after January 1, 2018, shall be at least as protective of the environment pursuant to, and in compliance with, all applicable water quality standards, effluent limitations, and restrictions as required by the applicable baseline federal standards, in addition to those required by state law.

(e)When a waste discharge requirement or water quality control plan is renewed or amended, any water quality standards, effluent limitations, restrictions, and conditions shall be at least as protective of the environment pursuant to, and in compliance with, all applicable water quality standards, effluent limitations, and restrictions as required by the applicable baseline federal standards, in addition to those required by state law.

(f)Notwithstanding any other law, the State Water Resources Control Board or a regional water quality control board, when adopting regulations pursuant to this article, may adopt those regulations in accordance with Section 100 of Title 1 of the California Code of Regulations and the regulations shall be deemed to be a change without regulatory effect pursuant to paragraph (6) of subdivision (a) of that section.

120051.

 For purposes of this article, “baseline federal standards” means federal laws or federal regulations implementing the federal Safe Drinking Water Act (42 U.S.C. Sec. 300f et seq.) and the Federal Water Pollution Control Act (33 U.S.C. Sec. 1251 et seq.) in effect as of January 19, 2017, including water quality standards, effluent limitations, and drinking water standards.

120052.

 Except as otherwise authorized by state law, all of the following apply:

(a) To ensure no backsliding as a result of any change in the Federal Water Pollution Control Act (33 U.S.C. Sec. 1251 et seq.), the federal Safe Drinking Water Act (42 U.S.C. Sec. 300f et seq.), or their implementing regulations, the State Water Resources Control Board shall regularly assess proposed and final changes to federal statutes and regulations that threaten to weaken existing environmental or public health standards and requirements related to matters under the State Water Resources Control Board’s jurisdiction. As part of its regular assessment, the State Water Resources Control Board shall provide an opportunity for public input.

(b) If the State Water Resources Control Board determines that a change identified under subdivision (a) reasonably could result in a negative impact to the environment or public health or welfare in California, it shall, as determined by the State Water Resources Control Board, take actions as necessary in order to maintain protections at least as stringent as baseline federal standards. These measures shall be adopted by the earliest feasible date. Nothing herein prohibits the State Water Resources Control Board from establishing rules and regulations for California that are more stringent than the baseline federal standards.

(c) The State Water Resources Control Board may adopt the measures under subdivision (b) using either of the following procedures:

(1) As an emergency regulation in accordance with the Administrative Procedure Act, Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code.

(2) By adoption or amendment of a state policy for water quality control, a water quality control plan, or regulation.

(d) Notwithstanding any other law, the State Water Resources Control Board, when adopting a standard or requirement under paragraph (2) of subdivision (c) may adopt those measures in accordance with Section 100 of Title 1 of the California Code of Regulations and the measures shall be deemed to be a change without regulatory effect pursuant to paragraph (6) of subdivision (a) of that section and not subject to additional notice, procedural, or other considerations contained in state analogue statutes identified in this article.

Article  3. Endangered and Threatened Species

120060.

 The Legislature finds and declares both of the following:

(a) The California Endangered Species Act (Chapter 1.5 (commencing with Section 2050) of Division 3 of the Fish and Game Code) is the state analogue to the federal Endangered Species Act of 1973 (16 U.S.C. Sec. 1531 et seq.).

(b) The California Endangered Species Act prohibits the taking of any species that the Fish and Game Commission determines to be endangered or threatened, unless the Department of Fish and Wildlife allows for take incidental to otherwise lawful activity pursuant to subdivision (b) of Section 2081 of the Fish and Game Code. The Fish and Game Commission and the Department of Fish and Wildlife administer the California Endangered Species Act to protect and conserve the state’s fish, wildlife, and plants.

120061.

Except as otherwise authorized by state law, both of the following apply:

(a)All native species not already listed pursuant to Article 2 (commencing with Section 2070) of Chapter 1.5 of Division 3 of the Fish and Game Code that are listed as endangered or threatened pursuant to the federal Endangered Species Act of 1973 as of January 1, 2017, shall be listed as an endangered or threatened species, as appropriate, pursuant to Article 2 (commencing with Section 2070) of Chapter 1.5 of Division 3 of the Fish and Game Code. The Fish and Game Commission may review and modify the listing of species pursuant to this section.

(b)Any new or revised consistency determination or incidental take permit issued to a permittee on or after January 1, 2018, shall only authorize incidental take if it requires conditions at least as stringent as required by the federal Endangered Species Act of 1973 and applicable regulations in effect as of January 19, 2017, as determined by the Department of Fish and Wildlife, including, but not limited to, any federal incidental take statement, incidental take permit, or biological opinion in effect and applicable to a permittee or project as of January 19, 2017. This subdivision does not modify the requirements of Section 2081 of the Fish and Game Code.

(c)Notwithstanding any other law, the commission or the Department of Fish and Wildlife, when adopting regulations pursuant to this article, may adopt those regulations in accordance with Section 100 of Title 1 of the California Code of Regulations and the regulations shall be deemed to be a change without regulatory effect pursuant to paragraph (6) of subdivision (a) of that section.

120062.

To the extent authorized by the federal Reclamation Act of 1902 (Public Law 57-161) and other federal law, the California Endangered Species Act shall apply to the operation of the federal Central Valley Project.

120061.

 For purposes of this article, “baseline federal standards” means federal laws, federal regulations, federal incidental take statements, federal incidental take permits, and federal biological opinions implementing the federal Endangered Species Act of 1973 (16 U.S.C. Sec. 1531 et seq.) in effect as of January 19, 2017.

120062.

 Except as otherwise authorized by state law, the following apply:

(a) To ensure no backsliding as a result of any change to the federal Endangered Species Act of 1973 (16 U.S.C. Sec. 1531 et seq.) or its implementing regulations, in the event of the federal delisting of a species that is eligible for protection under the California Endangered Species Act and which is listed as endangered or threatened pursuant to the federal Endangered Species Act of 1973 as of January 1, 2017, or a change in the legally protected status of such a species, including through a change in listing from endangered to threatened, the adoption of a rule pursuant to Section 4(d) of the federal Endangered Species Act, or any amendment to the federal Endangered Species Act of 1973 or its implementing regulations, or any exemption from the application of the federal Endangered Species Act of 1973 to a federally listed species as of January 1, 2017, the Fish and Game Commission shall list that species under the California Endangered Species Act pursuant to this section. The Fish and Game Commission’s review shall begin upon the receipt of information regarding reduced protections for endangered or threatened species from one or more members of the public, the Department of Fish and Wildlife, or Fish and Game Commission staff.

(b) The Fish and Game Commission shall list the affected species identified in subdivision (a), pursuant to subdivision (c) and without following the regular listing process set forth in Article 2 (commencing with Section 2070) of Chapter 1.5 of Division 3 of the Fish and Game Code, no later than the conclusion of its second regularly scheduled meeting or within three months, whichever is shorter, after the occurrence of the event described in subdivision (a) unless either the Fish and Game Commission determines, based upon the best available information, that listing of the species is not warranted because it does not meet the criteria in Section 670.1(i)(1)(A) of Title 14 of the California Code of Regulations or the Department of Fish and Wildlife recommends that the species undergo the regular listing process. If the Department of Fish and Wildlife makes a recommendation that the species undergo the regular listing process, the Fish and Game Commission shall either accept the recommendation, in which event the Fish and Game Commission shall be deemed to have accepted a petition for listing the species pursuant to paragraph (2) of subdivision (e) of Section 2074.2 of the Fish and Game Code, or reject the recommendation and immediately list the species pursuant to this subdivision.

(c) Notwithstanding any other law or regulation, because a decision by the Fish and Game Commission to list a species without following the regular listing process becomes effective immediately, the Fish and Game Commission or the Department of Fish and Wildlife shall add that species to the list of endangered or threatened species pursuant to Section 100 of Title 1 of the California Code of Regulations, and the addition of that species to the list shall be deemed to be a change without regulatory effect pursuant to paragraph (6) of subdivision (a) of that section.

(d) Upon the listing of any species under this section, the Fish and Game Commission or the Department of Fish and Wildlife may authorize the taking of such species as otherwise provided for in the Fish and Game Code. In lieu of authorizing take under the provisions of Chapter 1.5 (commencing with Section 2050) of Division 3 of the Fish and Game Code, the Fish and Game Commission or the Department of Fish and Wildlife may adopt the terms and conditions of any federal incidental take statement, incidental take permit, or Biological Opinion in effect at the time of the event described in subdivision (a). In any case, the Department of Fish and Wildlife shall include conditions at least as stringent as required by the baseline federal standards, as determined by the Department of Fish and Wildlife. This subdivision does not modify the requirements of Section 2081 of the Fish and Game Code, or prohibit the Department of Fish and Wildlife from establishing conditions that are more stringent than the baseline federal standards.

(e) Any species listed pursuant to this section shall be subject to the provisions in the California Endangered Species Act in the same manner as any other listed species, including those provisions related to a change in listing status or delisting.

(f) For those species that the Fish and Game Commission lists pursuant to subdivision (b), the California Environmental Quality Act (Division 13 (commencing with Section 21000) of the Public Resources Code) shall not apply.

DIVISION 3. Labor Standards

CHAPTER  1. Definitions

120100.

 For purposes of this division, the following definitions apply:

(a) “Federal law” means the federal Fair Labor Standards Act of 1938, as amended (29 U.S.C. Sec. 201 et seq.), the federal Occupational Safety and Health Act of 1970, as amended (29 U.S.C. Sec. 651 et seq.), the Federal Coal Mine Health and Safety Act of 1969, as amended (30 U.S.C. Sec. 801 et seq.), and other federal statutes relating to worker rights and protections and regulations, policies, guidance, standards, requirements, and specifications established pursuant to those federal statutes.

(b) “State agency” means a state agency designated by law to implement the federal law or its state analogue.

CHAPTER  2. Operative Provisions

120110.

 Except as authorized by state law, a state agency shall not amend or revise its rules or regulations in a manner that is less stringent, as determined by the state agency, in its protection of workers’ rights or worker safety than standards established pursuant to federal law in existence as of January 1, 2016.

120111.

 This division does not prohibit a state agency from establishing workers’ rights and worker safety standards for California that are more stringent, as determined by the state agency, than those provided in federal law in existence as of January 1, 2016.

DIVISION 4. Miscellaneous

120200.

Every state agency, including the Department of Justice, shall undertake all feasible efforts using its authority under state and federal law to implement and enforce this title. Notwithstanding Section 10231.5, every state agency that takes steps to enforce this title shall submit a report to the Legislature, in compliance with Section 9795 of the Government Code, at least once every six months describing its compliance with this title.

120200.

 The provisions of this title are severable. If any provision of this title or its application is held invalid, that invalidity shall not affect other provisions or applications that can be given effect without the invalid provision or application.

120201.

 (a)(1)(A)This section is intended to apply solely and exclusively to the enforcement of baseline federal standards, as defined in the applicable article or chapter of this division, and is limited to circumstances described in the applicable paragraph (2) of subdivisions (a) to (e), inclusive.

(a) (1) (A) In addition to the enforcement provisions provided pursuant to the California Global Warming Solutions Act of 2006 (Division 25.5 (commencing with Section 38500) of the Health and Safety Code) or Division 26 (commencing with Section 39000) of the Health and Safety Code, an action may be brought by a person in the public interest exclusively to enforce the standards or requirements adopted pursuant to Article 2 (commencing with Section 120040) of Chapter 3 of Division 1 Section 120042 or to impose civil penalties for a violation of those standards or requirements, if both of the following are satisfied:

(i) The private action is commenced more than 60 days from the date that the person gave notice of an alleged violation that is the subject of the private action to the Attorney General and the district attorney, city attorney, county counsel, counsel of an air district, or prosecutor in whose jurisdiction the violation is alleged to have occurred, and to the alleged violator.

(ii) Neither the Attorney General, a district attorney, a city attorney, county counsel, counsel of an air district, nor a prosecutor commenced and is diligently prosecuting an action against the violation.

(B) A person bringing an action in the public interest pursuant to subparagraph (A) shall notify the Attorney General that the action has been filed.

(C) An action in the public interest brought pursuant to subparagraph (A) shall not be available against the State Air Resources Board to the extent an action to enforce the provisions of Section 120042 is available against the State Air Resources Board pursuant to Chapter 2 (commencing with Section 1084) of Title 1 of Part 3 of the Code of Civil Procedure.

(2) Paragraph (1) is operative only if either of the following occurs:

(A) The United States Environmental Protection Agency revised the standards or requirements described in Section 120041 Article 1 (commencing with Section 120040) of Chapter 2 of Division 1 to be less stringent than the applicable baseline federal standards.

(B) The federal Clean Air Act (42 U.S.C. Sec. 7401 et seq.) is amended to restrict, condition, abridge, or repeal the citizen suit provision set forth in Section 7604 of Title 42 of the United States Code.

(b) (1) (A) In addition to the enforcement provisions provided pursuant to the Porter-Cologne Water Quality Control Act (Division 7 (commencing with Section 13000) of the Water Code), an action may be brought by a person in the public interest exclusively to enforce the standards or requirements adopted pursuant to Article 3 (commencing with Section 120050) of Chapter 3 of Division 1 Section 120052 or to impose civil penalties for a violation of those standards or requirements if both of the following are satisfied:

(i) The private action is commenced more than 60 days from the date that the person gave notice of an alleged violation that is the subject of the private action to the Attorney General and the district attorney, city attorney, county counsel, or prosecutor in whose jurisdiction the violation is alleged to have occurred, and to the alleged violator.

(ii) Neither the Attorney General, a district attorney, a city attorney, county counsel, nor a prosecutor commenced and is diligently prosecuting an action against the violation.

(B) A person bringing an action in the public interest pursuant to subparagraph (A) shall notify the Attorney General that the action has been filed.

(C) An action in the public interest brought pursuant to subparagraph (A) shall not be available against the State Water Resources Control Board to the extent an action to enforce the provisions of Section 120052 is available against the State Water Resources Control Board pursuant to Chapter 2 (commencing with Section 1084) of Title 1 of Part 3 of the Code of Civil Procedure.

(2) Paragraph (1) is operative only if either of the following occurs:

(A) The United States Environmental Protection Agency revised the standards or requirements regarding water supply and quality described in Section 120051 Article 2 (commencing with Section 120050) of Chapter 2 of Division 1 to be less stringent than the applicable baseline federal standards.

(B) The federal Clean Water Act (33 U.S.C. Sec. 1251 et seq.) is amended to restrict, condition, abridge, or repeal the citizen suit provision set forth in Section 1365 of Title 33 of the United States Code.

(c) (1) (A) In addition to the enforcement provisions provided pursuant to the California Safe Drinking Water Act (Chapter 4 (commencing with Section 116270) of Part 12 of Division 104 of the Health and Safety Code), an action may be brought by a person in the public interest exclusively to enforce the standards or requirements adopted pursuant to Article 3 (commencing with Section 120050) of Chapter 3 of Division 1 Section 120052 or to impose civil penalties for a violation of those standards or requirements, if the requirements set forth in clauses (i) and (ii) of subparagraph (A) of paragraph (1) of subdivision (b) are met.

(B) A person bringing an action in the public interest pursuant to subparagraph (A) shall notify the Attorney General that the action has been filed.

(C) An action in the public interest brought pursuant to subparagraph (A) shall not be available against the State Water Resources Control Board to the extent an action to enforce the provisions of Section 120052 is available against the State Water Resources Control Board pursuant to Chapter 2 (commencing with Section 1084) of Title 1 of Part 3 of the Code of Civil Procedure.

(2) Paragraph (1) is operative only if either of the following occurs:

(A) The United States Environmental Protection Agency revised the standards or requirements regarding drinking water described in Section 120051 Article 2 (commencing with Section 120050) of Chapter 2 of Division 1 to be less stringent than the applicable baseline federal standards.

(B) The federal Safe Drinking Water Act (42 U.S.C. Sec. 300f et seq.) is amended to restrict, condition, abridge, or repeal the citizen suit provision set forth in Section 300j-8 of Title 42 of the United States Code.

(d) (1) (A) In addition to the enforcement provisions provided pursuant to the California Endangered Species Act (Chapter 1.5 (commencing with Section 2050) of Division 3 of the Fish and Game Code), an action may be brought by a person in the public interest exclusively to enforce the requirements of the California Endangered Species Act for a species listed pursuant to Article 4 (commencing with Section 120060) of Chapter 3 of Division 1 Section 120062 or to impose civil penalties for a violation of those requirements, if the requirements set forth in clauses (i) and (ii) of subparagraph (A) of paragraph (1) of subdivision (b) are met.

(B) A person bringing an action in the public interest pursuant to subparagraph (A) shall notify the Attorney General that the action has been filed.

(C) An action in the public interest brought pursuant to subparagraph (A) shall not be available against the Department of Fish and Wildlife to the extent an action to enforce the provisions of Section 120062 is available against the Department of Fish and Wildlife pursuant to Chapter 2 (commencing with Section 1084) of Title 1 of Part 3 of the Code of Civil Procedure.

(2) Paragraph (1) is operative only if either of the following occurs:

(A) The relevant federal agency revised the standards or requirements for the protection of species described in Article 4 3 (commencing with Section 120060) of Chapter 3 2 of Division 1 to be less protective than the applicable federal requirements described in that section. article.

(B) The federal Endangered Species Act of 1973 (16 U.S.C. Sec. 1531 et seq.) is amended to restrict, condition, abridge, or repeal the citizen suit provision set forth in Section 1540 of Title 16 of the United States Code.

(e) An action or proceeding may be brought pursuant to Section 1085 or 1094.5 of the Code of Civil Procedure, as appropriate, on the grounds that a state or local agency has violated the requirements of this title or Section 42501 or 42504 of the Health and Safety Code. title.

(f) The court may award attorney’s fees pursuant to Section 1021.5 of the Code of Civil Procedure, and expert fees and court costs pursuant to Section 1032 of the Code of Civil Procedure, as appropriate, for an action brought pursuant to this section.

120202.

The provisions of this title are severable. If any provision of this title or its application is held invalid, that invalidity shall not affect other provisions or applications that can be given effect without the invalid provision or application.

SEC. 2.Section 42501 of the Health and Safety Code is amended to read:

42501.

The Legislature finds and declares all of the following:

(a)For over 25 years, the federal Clean Air Act (42 U.S.C. Sec. 7401 et seq.) has required major new and modified sources of air pollution to be subject to a new source review program for nonattainment areas and for the prevention of significant deterioration, in order to ensure that those sources use the requisite level of emission control, offset any new emissions, and comply with other requirements, as a means of ensuring that those new and modified sources do not adversely affect air quality.

(b)Requiring controls and emission offsets for new and modified sources ensures that industrial growth does not result in unacceptable levels of air pollution and that existing sources operate more cleanly over time by applying emission controls when those sources are overhauled or upgraded. Without these limits, air quality would degrade over time, and industrial growth, critical to the economic health of the state, would be foreclosed.

(c)The new source review program has been a cornerstone of the state’s efforts to reduce pollution from new and existing industrial sources by requiring those sources to use the requisite level of emission controls based on the attainment status of the area where the source is located.

(d)The United States Environmental Protection Agency (USEPA) initially promulgated, and subsequently has revised, the new source review program to carry out the requirements of the federal Clean Air Act for preconstruction review of new and modified sources of air pollutants by the states.

(e)On December 31, 2002, the USEPA, under the direction of the President of the United States, promulgated regulations that substantially weaken the basic federal new source review program (67 Fed.Reg. 80186-80289 (Dec. 31, 2002)). In promulgating the regulatory amendments, the USEPA claims that the new source review program has impeded or resulted in the cancellation of projects that would maintain or improve reliability, efficiency, and safety. This claim is contradicted by California’s experience under the new source review programs of the air pollution control and air quality management districts.

(f)The amendments promulgated December 31, 2002, will drastically reduce the circumstances under which modifications at an existing source would be subject to federal new source review. The USEPA has also proposed a rule that will change the definition of “routine maintenance, repair and replacement.” If that rule is finalized, it will significantly worsen the situation.

(g)The newly revised and proposed federal new source review reneges on the promise of clean air embodied in the federal Clean Air Act, and threatens to undermine the air quality of the State of California and thereby threaten the health and safety of the people of the State of California.

(h)Beginning in 2017, a new presidential administration and United States Congress will be in control of one party that has signaled a series of direct challenges to the federal Clean Air Act and the programs and protections they provide, as well as to the underlying science that makes these programs and protections necessary, and to the rights of the states to protect their own environment, natural resources, and public health as they see fit.

(i)Section 107 of the federal Clean Air Act (42 U.S.C. Sec. 7407) provides that the state has primary responsibility for meeting ambient air quality standards in all areas of the state, and that the means to achieve the standards shall be set out in the state implementation plan, or SIP.

(j)Section 116 of the federal Clean Air Act (42 U.S.C. Sec. 7416) preserves the right of states to adopt air pollution control requirements that are more stringent than comparable federal requirements. Moreover, the recent revisions to the federal new source review regulations provide that the states may adopt permitting programs that are “at least as stringent” as the new federal “revised base program,” and that the federal regulations “certainly do not have the goal of ‘preempting’ State creativity or innovation.” (67 Fed.Reg. 80241 (Dec. 31, 2002)).

SEC. 3.Section 42504 of the Health and Safety Code is amended to read:

42504.

(a)An air district shall not amend or revise its new source review rules or regulations to be less stringent than those in effect on January 19, 2017. If the state board finds, after a public hearing, that a district’s rules or regulations are not equivalent to or more stringent than the rules or regulations in effect on January 19, 2017, the state board shall promptly adopt for that district the rules or regulations that may be necessary to establish equivalency, consistent with subdivision (b).

(b)(1)In amending or revising its new source review rules or regulations, a district shall not change any of the following that existed on January 19, 2017, if the amendments or revisions would exempt, relax, or reduce the obligations of a stationary source for any of the requirements listed in paragraph (2):

(A)The applicability determination for new source review.

(B)The definition of modification, major modification, routine maintenance, or repair or replacement.

(C)The calculation methodology, threshold, or other procedures of new source review.

(D)Any definitions or requirements of the new source review regulations.

(2)(A)Any requirements to obtain new source review or other permits to construct, prior to the commencement of construction.

(B)Any requirements for best available control technology (BACT).

(C)Any requirements for air quality impact analysis.

(D)Any requirements for recordkeeping, monitoring, and reporting in a manner that would make recordkeeping, monitoring, or reporting less representative, enforceable, or publicly accessible.

(E)Any requirements for regulating any air pollutant covered by the new source review rules and regulations.

(F)Any requirements for public participation, including a public comment period, public notification, public hearing, or other opportunities or forms of public participation, prior to the issuance of permits to construct.

(c)In amending or revising its new source review rules or regulations, a district may change any of the items in paragraph (1) of subdivision (b) only if the change is more stringent than the new source review rules or regulations in effect on January 19, 2017.

(d)Notwithstanding subdivisions (a), (b), and (c), a district may amend or revise a rule or regulation if a district board, at the time the amendments or revisions are adopted, makes its decision based upon substantial evidence in the record, the amendments or revisions are submitted to and approved by the state board after a public hearing, and all of the following conditions are met:

(1)The amended or revised rule or regulation will do one of the following:

(A)Will replace an existing rule or regulation that caused a risk to public health or safety from exposure to a toxic material, a dangerous condition, or an infectious disease with a rule or regulation that provides greater protection to public health or safety.

(B)Will replace an existing rule or regulation that has been found to be unworkable due to engineering or other technical problems with a rule or regulation that is effective.

(C)Will allow an amendment to an existing rule or regulation that otherwise will cause substantial hardship to a business, industry, or category of sources, if all of the following criteria are met:

(i)The amendment is narrowly tailored to relieve the identified hardship.

(ii)The district provides equivalent reductions in emissions of air contaminants to offset any increase in emissions of air contaminants.

(iii)All reductions in emissions of air contaminants are real, surplus, quantifiable, verifiable, enforceable, and timely. For the purposes of this clause, reductions are timely if they occur no more than three years prior to, and no more than three years following, the occurrence of the increase in emissions of air contaminants.

(iv)Information regarding the reductions in emissions of air contaminants is available to the public.

(D)Is a temporary rule or regulation necessary to respond to an emergency consisting of a sudden, unexpected occurrence and demanding prompt action to prevent or mitigate loss of or damage to life, health, property, or essential services and the temporary rule or regulation does not extend beyond the reasonably anticipated duration of the emergency.

(E)Will not, if the district is in attainment with all national ambient air quality standards, impair or impede continued maintenance of those standards or progress toward achieving the attainment of state ambient air quality standards.

(2)The amended or revised rule or regulation will not exempt, relax, or reduce the obligation of any stationary source under the rules or regulations of the district, as those rules or regulations existed on January 19, 2017, to obtain a permit or to meet best available control technology requirements. This paragraph only applies to a source that constituted a major source under the rules or regulations of a district that existed on January 19, 2017, and does not apply to any individual best available control technology determination.

(3)The amended or revised rule or regulation is otherwise consistent with this division.

(4)The amended or revised rule or regulation is consistent with any guidance approved by the state board regarding environmental justice.

SEC. 4.Section 42505 of the Health and Safety Code is amended to read:

42505.

For purposes of this chapter, each district’s “new source review program” is comprised of those new source review rules and regulations for both nonattainment and prevention of significant deterioration for new, modified, repaired, or replaced sources that have been adopted by the district governing board on or prior to January 19, 2017, that have been submitted to the United States Environmental Protection Agency by the state board for inclusion in the state implementation plan and are pending approval or have been approved by the United States Environmental Protection Agency, as well as any revisions to those rules necessary to address any deficiencies in rules and regulations identified by the United States Environmental Protection Agency in a disapproval or partial disapproval of a district’s submitted rules and regulations.

SEC. 5.Section 42506 of the Health and Safety Code is amended to read:

42506.

To assist in interpreting district rules and regulations governing new source review for nonattainment areas and for prevention of significant deterioration, the state board shall provide on its Internet Web site and in writing for purchase by the public, a copy of the federal new source review regulations as they existed on December 30, 2002, and January 19, 2017, and the United States Environmental Protection Agency’s guidance document entitled, “New Source Review Workshop Manual: Prevention of Significant Deterioration and Nonattainment Area Permitting,” (October 1990 Draft).

SEC. 6.

The provisions of this act are severable. If any provision of this act or its application is held invalid, that invalidity shall not affect other provisions or applications that can be given effect without the invalid provision or application.

SEC. 7.SEC. 2.

 No reimbursement is required by this act pursuant to Section 6 of Article XIII B of the California Constitution because a local agency or school district has the authority to levy service charges, fees, or assessments sufficient to pay for the program or level of service mandated by certain mandates in this act, within the meaning of Section 17556 of the Government Code.

However, if the Commission on State Mandates determines that this act contains other costs mandated by the state, reimbursement to local agencies and school districts for those costs shall be made pursuant to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of the Government Code.