BlackletterCalifornia law

DIVISION 34. ENVIRONMENTAL PROTECTION [71000. - 71465.]

Heading of Division 34 amended by Stats. 1994, Ch. 1112, Sec. 2.

§§ 71000–71465 · 115 sections

  1. PART 1. PERMITS §§ 71000–71031 · 22 sections
    1. CHAPTER 1. Legislative Findings and Intent §§ 71000–71001 · 2 sections
      • § 71000 This part shall be known, and may be cited, as the Environmental Protection Permit Reform Act of 1993.
      • § 71001 The Legislature hereby finds and declares all of the following: (a) California’s environmental protection programs have established strict standards to reduce…
    2. CHAPTER 2. Definitions §§ 71010–71017 · 8 sections
      • § 71010 “Secretary” means the Secretary for Environmental Protection.
      • § 71011 “Environmental agency” means any of the following: (a) The Department of Toxic Substances Control, the Department of Pesticide Regulation, the State Air…
      • § 71012 “Environmental permit” means any license, certificate, registration, permit, or other form of authorization required by an environmental agency to engage in a…
      • § 71013 “Project” means an activity, the conduct of which requires an environmental permit from two or more environmental agencies.
      • § 71014 “Consolidated permit” means a permit incorporating the environmental permits granted by environmental agencies for a project and issued in a single permit…
      • § 71015 “Consolidated permit agency” means the environmental agency that has the greatest overall jurisdiction over a project, as determined pursuant to Section 71020.
      • § 71016 “Participating permit agency” means an environmental agency, other than the consolidated permit agency, that is responsible for the issuance of an…
      • § 71017 (a) “Council” means the California Environmental Policy Council. (b) The council is hereby created and consists of the following members or their designees:…
    3. CHAPTER 3. Consolidated Permits §§ 71020–71029 · 10 sections
      • § 71020 (a) On or before January 1, 1995, the secretary shall establish an administrative process which may be used, at the request of a permit applicant for a project…
      • § 71021 (a) A permit applicant for a project may request the secretary to designate a consolidated permit agency to administer the processing and issuance of a…
      • § 71022 (a) Within 15 working days of the date that the consolidated permit agency is designated, the consolidated permit agency shall convene a meeting with the…
      • § 71023 (a) The permit applicant may withdraw from the consolidated permit process by submitting to the consolidated permit agency a written request that the process…
      • § 71024 The consolidated permit agency shall ensure that the participating permit agencies make all the environmental permit decisions that are necessary for the…
      • § 71025 Each environmental permit incorporated in the consolidated permit shall have the legal status and the regulatory effect that is specified in the statute and…
      • § 71026 (a) A consolidated permit agency may charge and collect a reasonable fee from any person seeking a consolidated permit to recover the estimated costs incurred…
      • § 71027 A petition by the permit applicant for review of an environmental agency action in issuing, denying, or amending an environmental permit, or any portion of a…
      • § 71028 If an applicant petitions for a significant amendment or modification to a consolidated permit application or any of its component environmental permit…
      • § 71029 If an applicant fails to provide information required for the processing of the component environmental permit applications for a consolidated permit or for…
    4. CHAPTER 4. Time Limit Appeals §§ 71030–71031 · 2 sections
      • § 71030 (a) On or before December 31, 1994, the secretary shall adopt regulations establishing an expedited appeals process by which a petitioner or applicant may…
      • § 71031 (a) Each state environmental agency, as defined in subdivisions (a) and (b) of Section 71011, in consultation and coordination with all interested parties, may…
  2. PART 1.5. PERMIT ASSISTANCE CENTERS §§ 71040–71041 · 2 sections
    • § 71040 The Governor’s Office of Business and Economic Development shall establish an electronic online permit assistance center through the Internet. The electronic…
    • § 71041 The CALGOLD program shall be reviewed periodically and, when necessary, updated to assist businesses in the state that would benefit from information on…
  3. PART 2. ENVIRONMENTAL DATA REPORTING §§ 71050–71082 · 22 sections
    1. CHAPTER 1. Legislative Findings and Declarations § 71050 · 1 section
      • § 71050 The Legislature hereby finds and declares all of the following: (a) Environmental data is currently required by, and submitted to, a variety of public agencies…
    2. CHAPTER 2. Definitions §§ 71053–71055 · 3 sections
      • § 71053 “Advisory committee” means the Environmental Data Management Advisory Committee established pursuant to Section 71064.
      • § 71054 “Agency” means the California Environmental Protection Agency.
      • § 71055 “Secretary” means the Secretary for Environmental Protection.
    3. CHAPTER 3. Data Management §§ 71060–71068 · 9 sections
      • § 71060 The secretary shall develop and adopt information technology standards by which public agencies and regulated business entities and the other members of the…
      • § 71061 The secretary shall establish a standardized electronic format and protocol for the exchange of electronic data for the purpose of meeting environmental data…
      • § 71062 The secretary shall identify the environmental data reporting or usage requirements imposed pursuant to the laws listed in Section 71061 and reflect those…
      • § 71063 (a) The proposed standardized electronic format and protocol required by Section 71061 and the alternative signature techniques required by Section 71066 shall…
      • § 71064 (a) There is in the agency the Environmental Data Management Advisory Committee. The advisory committee shall consist of not more than seven members appointed…
      • § 71065 To the fullest extent practicable to public agencies and business entities, the secretary, in close consultation with the advisory committee, shall ensure that…
      • § 71066 The secretary shall prescribe one or more techniques by which a report may be signed electronically by a person who would otherwise place a written signature…
      • § 71067 Public agencies shall continue their current data auditing practices, and shall work with data submitters to correct all kinds of data error encountered. The…
      • § 71068 (a) Upon the completion of a demonstration of any standardized electronic format and protocol and alternative signature technique pursuant to this part, to the…
    4. CHAPTER 3.5. Report and Information Management §§ 71069–71074 · 6 sections
      • § 71069 The Legislature finds and declares the following: (a) It is the policy of the state to conserve and protect its natural resources. (b) Over 1,400 reports are…
      • § 71069.5 For purposes of this chapter “board” means the California Integrated Waste Management Board.
      • § 71070 (a) On or before January 1, 2005, the board, in consultation with the state agencies affected by the changes made by the act of the 2003–04 Regular Session of…
      • § 71071 (a) On and after February 1, 2005, the California Environmental Protection Agency and its boards, departments, and offices shall provide and produce reports…
      • § 71073 On or before April 30, 2005, each state agency shall conduct a thorough review of each report that the state agency is required to submit to the Legislature.…
      • § 71074 Any reporting requirements imposed by this chapter do not supersede a reporting requirement in any other provision of law.
    5. CHAPTER 4. Environmental Protection Indicators for California §§ 71080–71082 · 3 sections
      • § 71080 The Legislature finds and declares the following: (a) Traditionally, many of California’s environmental programs have assessed their performance using measures…
      • § 71081 (a) Beginning on July 1, 2004, to the extent that funds are appropriated by the Legislature for this purpose, the office, on behalf of the office of the…
      • § 71082 (a) As appropriate, a budget change proposal submitted to the Legislature by a board, department, or office within the California Environmental Protection…
  4. PART 2.1. California Communities Environmental Health Screening § 71090 · 1 section
    • § 71090 (a) For purposes of this part, the following terms have the following meanings: (1) “Office” means the Office of Environmental Health Hazard Assessment. (2)…
  5. PART 2.5. ENVIRONMENTAL AND PUBLIC HEALTH PROTECTION AT THE CALIFORNIA-MEXICO BORDER §§ 71100–71104 · 7 sections
    • § 71100 The following definitions govern the construction of this part: (a) “California-Baja California border region” means the region to the north and south of the…
    • § 71101 (a) The California Border Environmental and Public Health Protection Fund is hereby established in the State Treasury to receive funds appropriated in the…
    • § 71102 The money in the fund shall be used for the following purposes: (a) To assist local governments in implementation of projects to identify and resolve…
    • § 71103 (a) The California-Mexico Border Relations Council, upon request, shall inform any community-based nonprofit environmental organization, responsible local…
    • § 71103.5 (a) The Legislature finds and declares all of the following: (1) The New River poses an imminent and severe threat to the public health of residents of…
    • § 71103.6 (a) The council shall establish the New River Water Quality, Public Health, and River Parkway Development Program to coordinate funding for, and the…
    • § 71104 This part shall only be operative during those fiscal years for which funds are appropriated in the annual Budget Act to implement this part, or are made…
  6. PART 2.6. Tijuana River Valley Watershed Action Plan § 71107 · 1 section
    • § 71107 (a) Upon an appropriation of funds from the Legislature for this purpose, the California Environmental Protection Agency and the Natural Resources Agency,…
  7. PART 3. ENVIRONMENTAL JUSTICE §§ 71110–71118 · 9 sections
    • § 71110 The California Environmental Protection Agency, in designing its mission for programs, policies, and standards, shall do all of the following: (a) Conduct its…
    • § 71111 On or before January 1, 2001, the California Environmental Protection Agency shall develop a model environmental justice mission statement for boards,…
    • § 71112 In developing the model environmental justice mission statement pursuant to Section 71111, the California Environmental Protection Agency shall consult with,…
    • § 71113 (a) On or before January 1, 2002, the Secretary for Environmental Protection shall convene a Working Group on Environmental Justice to assist the California…
    • § 71114 (a) The Secretary for Environmental Protection shall, on or before January 1, 2002, convene an advisory group to assist the working group described in Section…
    • § 71114.1 After the California Environmental Protection Agency develops the strategy pursuant to Section 71113 and before December 31, 2003, each board, department, and…
    • § 71115 The Secretary for Environmental Protection shall, not later than January 1, 2004, and every three years thereafter, prepare and submit to the Governor and the…
    • § 71116 (a) The Environmental Justice Small Grant Program is hereby established under the jurisdiction of the California Environmental Protection Agency. The…
    • § 71118 (a) For purposes of this section, the following terms have the following meanings: (1) “Agency” means the California Environmental Protection Agency. (2)…
  8. PART 3.5. CALIFORNIA ENVIRONMENTAL PROTECTION AGENCY CONSOLIDATION §§ 71120–71126 · 7 sections
    • § 71120 Unless the context requires otherwise, the following definitions govern this part: (a) “Agency” means the California Environmental Protection Agency. (b)…
    • § 71121 (a) In the 2004–05 fiscal year, to the extent that it will achieve actual budget savings and to the extent authorized by existing law, the secretary shall…
    • § 71122 In the 2004–05 fiscal year, to the extent that it will achieve actual budget savings, the secretary shall consolidate the following non-policy functions that…
    • § 71123 (a) The implementation of Sections 71121 and 71122 shall not affect the independence of a board, department, or office within the agency to administer its own…
    • § 71124 The secretary shall report any budget savings achieved pursuant to Sections 71121 and 71122 to the Legislature’s budget committees, for appropriation to…
    • § 71125 The secretary may use a reimbursement from a board, department, or office within the agency for a consolidated service that the agency provides to those…
    • § 71126 Upon the request of the secretary, the Department of Finance shall assist the secretary in complying with this part.
  9. PART 3.6. Regional Climate Collaborative Program §§ 71130–71132 · 3 sections
    • § 71130 For purposes of this part, the following terms have the following meanings: (a) “Capacity building” is the process of strengthening local coordination,…
    • § 71131 (a) A regional climate collaborative program is hereby established to be administered by the council to assist under-resourced communities within a region to…
    • § 71132 (a) By July 1, 2020, the council shall develop technical assistance guidelines that a state agency may use in delivering its technical assistance resources or…
  10. PART 3.7. Climate Change and Climate Adaptation §§ 71150–71160 · 7 sections
    • § 71150 For purposes of this part, the following terms have the following meanings: (a) “Agency” means the Natural Resources Agency. (b) “Council” means the Strategic…
    • § 71152 (a) It is the intent of the Legislature to prioritize the most vulnerable communities, ecosystems, and economic sectors in the state’s climate adaptation and…
    • § 71153 (a) By July 1, 2024, and every three years thereafter, the agency shall update the state’s climate adaptation strategy, known as the plan. As part of the…
    • § 71154 To address the vulnerabilities identified in the plan, state agencies shall work to maximize, where applicable and feasible, all of the following objectives:…
    • § 71155 (a) Consistent with this part, state agencies shall take into account the current and future impacts of climate change, including the economic damages and…
    • § 71155.5 The Treasurer, and the financing authorities that the Treasurer chairs, may assist state agencies by leveraging public and private capital investment to help…
    • § 71160 (a) The agency shall explore and may implement options within the agency’s jurisdiction to establish a more coordinated and efficient regulatory review and…
  11. PART 3.8. REFINERY SAFETY § 71275 · 1 section
    • § 71275 (a) The California Environmental Protection Agency, in consultation with the following agencies, shall examine ways to improve public and worker safety through…
  12. PART 4. STATEWIDE ENVIRONMENTAL EDUCATION §§ 71300–71305 · 6 sections
    • § 71300 (a) For purposes of this part, the following definitions shall apply: (1) “Department” means the Department of Resources Recycling and Recovery. (2) “Office”…
    • § 71301 (a) As part of the unified education strategy specified in subdivision (c) of Section 71300, the office, in cooperation with the Secretary for Environmental…
    • § 71302 (a) Using the education principles for the environment required to be developed pursuant to Section 71301, the office, in cooperation with the Secretary for…
    • § 71303 (a) As determined appropriate by the Superintendent of Public Instruction, the State Department of Education shall incorporate into publications that provide…
    • § 71304 (a) The office, in coordination with the Secretary for Environmental Protection, shall be responsible for the statewide coordination of regulatory…
    • § 71305 (a) The Environmental Education Account is hereby established within the State Treasury. Moneys in the account may, upon appropriation by the Legislature, be…
  13. PART 4.4. California Climate Change Assessment §§ 71340–71343 · 4 sections
    • § 71340 (a) The Office of Land Use and Climate Innovation, through the Integrated Climate Adaptation and Resiliency Program established pursuant to Part 4.5…
    • § 71341 The California Climate Change Assessment shall provide an integrated suite of products that report the impacts and risks of climate change, based on the best…
    • § 71342 (a) The Office of Planning and Research shall engage with regional and local governments, tribes, vulnerable communities, businesses, and members of the…
    • § 71343 (a) The implementation of this part is contingent upon an appropriation of funds by the Legislature in the annual Budget Act or another statute for purposes of…
  14. PART 4.5. Integrated Climate Adaptation and Resiliency Program §§ 71350–71361 · 7 sections
    • § 71350 For purposes of this part, “office” means the Office of Planning and Research.
    • § 71352 The Legislature finds and declares: (a) The state has been a leader in climate mitigation efforts to reduce greenhouse gas emissions. Now, and in the coming…
    • § 71354 The Integrated Climate Adaptation and Resiliency Program is hereby established to be administered by the office. No later than January 1, 2017, the Director of…
    • § 71356 (a) Within one year of an update to the Safeguarding California Plan, the Office of Emergency Services, in coordination with the Natural Resources Agency, the…
    • § 71358 (a) An advisory council to the office is hereby established. The advisory council shall be comprised of members from a range of disciplines, in order to…
    • § 71360 (a) (1) The office shall coordinate with appropriate entities, including state, regional, or local agencies, to establish a clearinghouse for climate…
    • § 71361 (a) On or before July 1, 2026, and every three years thereafter, the office and the Natural Resources Agency, in consultation with relevant state agencies and…
  15. PART 4.7. Forest and Watershed Restoration § 71365 · 1 section
    • § 71365 (a) (1) To advance the goals of Item 0540-101-3228 of Section 2.00 of the Budget Act of 2018, the Natural Resources Agency and the California Environmental…
  16. PART 5. URBAN HEAT ISLAND EFFECT § 71400 · 1 section
    • § 71400 (a) It is the intent of the Legislature that all of the following shall occur: (1) The California Environmental Protection Agency shall work with its partners…
  17. PART 5.5. Extreme Heat § 71410 · 1 section
    • § 71410 (a) For purposes of this part, the following definitions apply: (1) “Agency” means the California Environmental Protection Agency. (2) “Disadvantaged…
  18. PART 6. Water-Energy Nexus Registry §§ 71420–71424 · 3 sections
    • § 71420 For purposes of this part, the following terms have the following meanings: (a) “Agency” means the California Environmental Protection Agency. (b) “The Climate…
    • § 71422 (a) (1) The agency shall oversee the development of a registry for greenhouse gas emissions that result from the water-energy nexus using the best-available…
    • § 71424 Pursuant to Section 39712 of the Health and Safety Code, entities participating in the registry may qualify for financing opportunities that provide incentives…
  19. PART 7. BIODIVERSITY §§ 71450–71453 · 4 sections
    • § 71450 (a) For the purposes of this part, the following definitions apply: (1) “30x30 goal” means the goal to conserve 30 percent of California’s lands and coastal…
    • § 71451 In implementing the 10 pathways and specific near-term priority actions described in the Pathways to 30x30 Report to achieve the 30x30 goal, the Natural…
    • § 71452 (a) Notwithstanding Section 10231.5 of the Government Code, the Secretary of the Natural Resources Agency shall prepare and submit, on or before March 31,…
    • § 71453 (a) The Natural Resources Agency shall develop strategies to reduce barriers and increase support for stewardship of conserved lands in order to further the…
  20. PART 8. Carbon Dioxide Capture, Removal, or Sequestration Projects §§ 71460–71465 · 6 sections
    • § 71460 For purposes of this part, the following definitions apply: (a) “Carbon dioxide capture, removal, or sequestration project” means a carbon dioxide capture…
    • § 71461 (a) On or before July 1, 2025, the secretary, in consultation with the state board, shall publish a framework for governing agreements regarding two or more…
    • § 71462 (a) Title to any geologic storage reservoir is vested in the owner of the overlying surface estate unless it has been severed and separately conveyed. (b) A…
    • § 71463 The State Geologist shall report seismic activity or leakage of carbon dioxide from a carbon dioxide capture, removal, or sequestration project to the state…
    • § 71464 A carbon dioxide capture, removal, or sequestration project operator shall do all of the following: (a) Maintain financial responsibility for a period of time…
    • § 71465 (a) (1) An interstate pipeline subject to Part 195 (commencing with Section 195.0) of Title 49 of the Code of Federal Regulations shall be used to transport…