April 6, 2026 · Natural Resources · 23,990 words · 11 speakers · 415 segments
Thank you. Thank you. Thank you Thank you. Thank you. Thank you Thank you. Thank you. Thank you Thank you. Thank you. Thank you Thank you. Thank you. Thank you Thank you. Thank you. Thank you Thank you. Thank you. . Thank you. Thank you. Welcome to the assembly natural resource committee hearing. Assembly member Berner is not here yet, but she's subbing in for assembly member Al Marisucci and the following measures are proposed for consent That item number six AB 2234 Pappen And item 11 AB 2517 Calderon That leaves 11 bills to be presented. A quorum is here. Can we establish that quorum?
Yes, sir.
Brian?
Here.
Brian present. Ellis?
Here.
Ellis present. Alanis? Berner? Connelly? Garcia? Haney? Haney? Hoover?
Here.
Hoover present. Calra?
Here.
Calra present. Macedo?
Macedo?
Here.
Macedo present.
Pellerin?
Here.
Pellerin present. Schultz? Wicks?
Here.
Wicks present. Zabur?
Here.
Zabur present. We have a quorum. Thank you. And I see Assemblymember Ward is here. Come on down. Whenever you're ready.
Well, thank you, and good afternoon, Mr. Chair and members. First, I want to thank the committee staff for their work on this simple bill, and I do accept the committee amendments. Colleagues, please present today AB 2559, which require local governments which collect refundable deposits as a condition of issuing a construction and demolition permit to return the full deposit if the permit holder submits all the required documentation, demonstrating compliance with the deposit's terms within three years of the project's final inspection. Now, the California Green Building Standards Code, or CalGreen, mandates that locally permitted construction projects would recycle or salvage a minimum of 65% of non-hazardous construction and demolition debris generated during the project. To meet the requirements of CalGreen, many jurisdictions have adopted local construction and demolition waste diversion ordinances, which require refundable deposits to help ensure compliance. with the applicable diversion standards. Some jurisdictions have onerous and rigid timelines to be able to apply for some of the refunds, and therefore there is no consistency between any of these jurisdictions, and there is a lack of a standardized timeline statewide for any permit holders to request a refund for some of these deposits. For example, in the City of San Diego, applicants must submit a refund request within 180 days of final inspection. In the City of San Jose, that's 270 days. Unfortunately, the final inspection can occur well before the project is fully complete, and you would then actually surpass some of these locally developed timelines. As a result, homeowners and developers who digitally abide by local waste diversion programs can lose hundreds or even thousands of dollars, despite ultimately meeting the important recycling requirements of local waste diversion programs. This bill, AB 2559, would address the issue by establishing a uniform statewide standard requiring any local governments to return those refundable construction and demolition deposits if adequate compliance and documentation is submitted within three years of final inspection. By creating this clear and reasonable timeline, the bill would prevent any premature forfeiture of deposits while preserving existing and important diversion requirements under CalGreen. For witnesses in support, I have Mia Kang, the Chair of the Board of Directors for the Council of Infill Builders, and when the time is appropriate, I would respectfully request your aye vote.
Good afternoon, members. My name is Mia Kong, Council of Infill Builders. I'm an affordable housing developer with over two decades of experience developing infill housing projects across California, and we are here in support of AB 2559. AB 2559 addresses a narrow but important issue in how construction and demolition diversion programs are administered at the local level. Under Cal Green, projects are required to divert at least 65% of the construction waste to ensure compliance. Many jurisdictions require refundable deposits that are returned once the applicant demonstrates that diversion requirements have been met This framework is sound and we support it However in practice as Assemblymember Ward talked about there is a mismanagement between when compliance documentation is finalized and when jurisdictions require applicants to request a refund In many cases, the refund deadline is tied to a final inspection, but the documentation as the recycling reports and the haul reports are often compiled and submitted after that point as projects close out and materials are fully accounted for. As a result, a project may fully comply with all the diversion requirements, but still unfortunately have to forfeit their deposit if the application is not submitted within the prescribed local timelines. So this is not an issue of non-compliance. It's just an issue of timing and administrative process. AB 2529 provides a reasonable and measured solution by requiring that deposits be returned when the compliance is demonstrated within three years of final inspection. The bill preserves local authority and maintains the integrity of the diversion program. It simply ensures that applicants who meet the standards are not penalized due to a procedural timing. And for these reasons, we respectfully urge your support. Thank you.
Thank you so much. Any persons in the hearing room in support of this measure?
Good afternoon. Brooke Pritchard on behalf of California YIMBY in support. Thank you so much.
Any persons in opposition to this measure? Seeing none. Not in the entire hearing room. Nobody is against Assemblymember Wardsville. Good. Fantastic. We will now turn it to colleagues on the dais. Any questions, comments, concerns?
Thank you.
We have a motion by Mice Wicks, a second by Ms. Macedo. Would you like to close?
I just really proud. This came from a constituent in my district. I think it's a common sense solution that ensures that, again, the program is not violated, but that homeowners and those trying to build more housing are not forfeiting their deposits prematurely. Respectfully request your aye vote.
And you are accepting the committee amendments, right?
That's correct.
Perfect. This bill has a do-pass recommendation. Madam Secretary, can we call the roll? The motion is do-passed as amended to appropriations. Brian?
Aye.
Brian, aye. Ellis?
Aye.
Ellis, aye. Alanis, Berner, Connolly. Nobody in the hearing room was opposed to this measure. Connolly, aye. Garcia, aye. Haney, Hoover, aye. Hoover, aye. Kalra, aye. Macedo, aye. Pellerin, aye. Pellerin, aye. Schultz, Wicks, aye. Wicks, aye. Zabur, aye. Zabur, aye. Thank you. The bill is out.
Thank you. Absolutely.
All right. And we have a motion on the consent calendar by Ms. Wicks and a second by Mr. Hoover. Consent calendar items AB 2234 Pappin and AB 2517 Calderon. Brian?
Aye.
Brian, aye.
Ellis?
Aye.
Ellis, aye.
Alanis? Berner? Connelly?
Aye.
Connelly, aye.
Garcia?
Aye.
Garcia, aye.
Haney? Hoover. Aye. Hoover, aye. Calra. Aye. Calra, aye. Macedo. Aye. Macedo, aye. Pellerin. Aye. Pellerin, aye. Schultz. Wicks. Aye. Wicks, aye. Spur. Aye. Spur, aye. Thank you. The consent counter is out. Mr. Gonzalez, whenever you're ready.
Fired up. Like a 2008.
All right. That's for you.
All right move the bell okay there we go we done Thank you Mr Chair and members for the opportunity to speak with you today I'm pleased to present AB 1704, which creates a cost assessment for conventional building materials and lower embodied carbon materials. I want to begin by expressing my sincere appreciation to Mr. Chair, to the committee staff for their work on this bill. I will be accepting the committee's amendments. And I also want to thank the stakeholders who have offered thoughtful and thorough feedback. I remain committed to continuing those conversations so we can address the implementation concerns. To give context to this bill, AB 2446 from Holden from 2022 and AB 43 from Holden 2023 established an embodied carbon program that would require manufacturers and developers to measure and reduce the embodied carbon footprint of building materials at production and project level. As a result, the state's building sector, including housing developers, would have to switch out building materials currently in use, and we still do not know if the housing market is ready for that immense change. In our current housing landscape, every cost impact can have resounding ripple effects. Down the line, these costs will eventually impact renters and homebuyers. California is facing several affordability challenges, with 55% of renters struggling to pay rent, and one-third of homeowners paying more than 30% of their income on housing alone. Additionally, estimates from the state and housing experts believe California has a housing shortage ranging from 800,000 to 3.5 million units. To ensure the embodied carbon program does not adversely impact the housing market, AB 1704 would direct the California Air Resources Board to perform a cost assessment comparing lower embodied carbon building and materials with conventional building materials. If CARB determines that the cost parity between materials is not achieved, the program will be paused for five years. I want to stress that AB 1704 is not halting the effort to reduce embodied carbon in building materials. It's an important environmental standard that the state should continue to pursue. The bill simply ensures that in the process of doing so, we avoid the unintended consequences affecting our most vulnerable and low-income communities. We talk about affordability in the Capitol, and we as a legislature try everything within our power to address it. California cannot just say affordability. We must execute it on every front line to that finish line. Today, to testify in support of the bill are Brooke Pritchard, a legislative advocate representing California YIMBY, Stephen Stenzler, representing the California Council for Affordable Housing and Housing Action Coalition, and I believe Margie Lee is here with us today, a legislative advocate from Samson Advisors, will be testifying as a technical witness and happy to answer any technical questions. I'll turn it over to you two.
Good afternoon, Chair and members. Brooke Pritchard with California YIMBY, here to express support for AB1704. California YIMBY is a statewide organization of 80,000 members who welcome more neighbors. We believe an equitable California begins with abundant, secure, and affordable housing. As you know, California faces a severe housing shortage that's driven up costs for both renters and aspiring homebuyers. At the same time, the state is rightly pursuing ambitious climate goals, including reducing emissions from the building sector. Both goals are essential, but we must ensure climate policies are implemented in ways that do not unintentionally make housing more expensive or harder to build. We work with grassroots activists and community members across California, helping Californians stay housed and keep their communities stable. Even a $100 increase in rent can mean missed meals, unpaid bills, or the risk of being forced out of the community they grew up in. Nearly a third of Californians are severely rent burdened. More than half of their income is on the floor. rent. The reality is that when we don't build enough housing, more people compete for the same limited number of homes. That competition drives up rent and home prices. That is why building enough housing is one of the most important steps we can take to address affordability. For these reasons, we respectfully request your aye vote.
Good job. Thank you, Chair and members. My name is Stephen Stenzler with Brownstein here on behalf of the California Council for Affordable Housing and the Housing Action Coalition, statewide organizations representing the gamut of housing production, including affordable, mixed income, mixed use, workforce, student, and market rate housing developers. I'm here to speak in support of AB 1704, a bill which we believe effectively balances the state's efforts to reduce carbon emissions with the urgent need to protect housing affordability. The data is clear. California's housing affordability crisis is severe, and it's only getting worse. According to the Legislative Analyst's Office, the median mid-tier home price in California is now $755,000, more than twice the price of comparable homes nationwide. For first-time homebuyers, the situation is even more troubling. Entry-level homes in California cost 30% more than homes elsewhere in the country. That imbalance is pushing homeownership further out of reach for working Californians every year. Opponents may argue that the current program already accounts for cost increases, but under existing law, that protection only applies if material costs rise by 5% or more. On a $755,000 home, a 5% increase equals nearly $38,000. That is not a modest impact. That amount alone can and often does disqualify families from qualifying for a mortgage. The National Association of Home Builders tells us that for every $1,000 increase in the price of a home, more than 11,000 households are priced out of the market. In affordable and workforce housing where margins are razor thin and financing is highly sensitive to per unit costs, even small increases can stall or kill a project entirely. AB 1704 takes a reasonable data-driven approach and ensures that embodied carbon reduction requirements move forward when lower carbon materials are price competitive, protecting housing production while still advancing our climate goals. This is a balanced solution that keeps the door open to homeownership for working families. For these reasons, we respectfully ask for your aye vote. Thank you. Thank you so much.
Any person in the hearing room in support of this measure?
Marjorie Samson Advisors here on behalf of the American Wood Council, the Spray Foam Coalition, and the Resilient Floor Covering Institute in strong support. I've also been asked to give a me too for the Asphalt Roofing Manufacturers Association, Polyiso Insulation Manufacturers Association, and the California Asian Chamber of Commerce. Good afternoon, Chair Bryan and members. John Kendrick on behalf of the California Chamber of Commerce in support. Good afternoon, Silvio Farrar on behalf of the California Building Industry Association, in strong support. Good afternoon, Tim Shestick with the American Chemistry Council, also in support. Thank you. I'm Elizabeth Esquivel of the California Manufacturers and Technology Association, in strong support. Thank you. Anthony Molina on behalf of the Gypsum Association, in support. Thank you.
Thank you so much. Any persons in the hearing room in opposition to this measure? Take primary opposition first. Come up there. Come on up here. I saved you two seats.
All right. I'm going to go first. Good afternoon, Chair Bryan and members of the committee. My name is Marquise King Mason with Natural Resources Defense Council. We will be respectfully opposing AB 1704 We respect the committee amendments We think that that moving in a better direction although we have some concerns that Jacob will lay on a second AB 1704 adds a cost parity provision to California AB 2446 a law passed by the legislature in 2022 AB 2446 enacted a nation-leading law aimed at reducing 40% of greenhouse gas emissions in new construction by 2035. AB 1704, as written would interfere with the implementation of the existing law. While we share the desire to build affordable housing in California, that is why we believe that the existing law is critical to deploying cost-effective green building strategies. As currently written, the cost parity requirement will pause the implementation of the entire program if one lower carbon material, say cement or concrete, is not at cost parity with a conventional counterpart. We believe this inhibits the implementation of a full suite of cost-effective and even cost-producing strategies that can achieve the emissions reductions laid out, like using less materials. Therefore, we believe the bill may not address the housing affordable crisis in its current state and could prematurely pause an important law going into effect. We are open to working with the author and the committee to ensure housing and climate targets reinforce one another as intended in the original law. However, at this time, we respectfully urge the committee to reject AB 1704 in its current form. Thank you for your consideration. Thank you. Good afternoon, Chair and members. Jacob Evans with Sierra California, here today in respectful opposition to AB 1704 on behalf of over half a million members and supporters in California. AB 1704 introduces a blunt cost parity requirement to AB 2446, California's landmark law passed in 2022, requiring a 40% reduction in embodied carbon emissions under building materials. This standard would guarantee the delay of the implementation of this law by the 10-year timeline outlined in the amended bill. The emissions reduction goals in AB 2446 aims to build a strong market for lower carbon intensity building materials by inducing the necessary demand for them. The approach on AB 1704 would flip this, requiring demand before the markets reach scale and hosting in the program that would drive the scaling. Like we've seen with the solar industry and the electric vehicle market, clean materials markets will not reach cost parity in advance of demand. Demand drives scale and scale brings costs down. Also, the implementation of this program would dampen this rapidly evolving markets. We'd also be leaving cost-efficient emission reduction strategies on the table. There are various existing cost-effective strategies available to drive down emissions in the built environment, ranging from altering cement mixes used in a project or designing projects to use less of emissions intense materials like concrete. It shows that these meaningful mission motions and building construction are already achievable today, often with little to no added cost. AB 1704 put this entirety of AB 2446 on pause, preventing California from implementing these practical and cheap emission reduction strategies available today. Most importantly, AB 1704 conflicts with the existing nuanced cost impact and feasibility provisions in AB 2446 mentioned earlier. Law evaluates cost impact at the project level and allows developers to receive exemptions from the law if their budgets are affected by more than 5% because of the law's requirements. AB 1704 fails to build off this existing cost impact protection and simply halts the entirety of this nation-leading law. Please, reasons, respectfully urge your no vote. Thank you.
Thank you so much. Any persons in the hearing room in opposition to this measure? Seeing none, we'll turn it back to the dais. Mr. Conley.
Thank you, Chair. Good afternoon. Yeah, just trying to better understand some of the underlying assumptions of this bill. So a couple questions. Is there a current requirement that developers use more expensive carbon-friendly materials when building housing? No. They always try to make sure it can be as affordable as possible. At the end of the day, they need to figure out ways to pencil out. There are other costs that are occurring in California right now like high fees so it in their interest to make sure that not the case So even under existing law including the Holden bill there is not a current requirement for use of a more expensive carbon material Second question, can we identify how the embodied carbon program has increased the cost of building housing, or is this merely speculation that this program could impact housing development in the future. So the bill does require this, and so it's going to be up to the California Air Resource Board to be able to determine that. So, and in fact, they do have to do a cost and impact feasibility analysis. Is that right? Correct. And the bill by its own current law, by its own terms, would not go into effect even until sometime after that cost feasibility analysis is undertaken. Is that right? Yes. Yeah. So I'm concerned that we're being asked to kind of engage in speculation at this point would be my concern at this time about it.
Any other colleagues? Mr. Gonzalez, would you like to close?
Yes, sir. By studying impacts on the housing market, AB 1704 ensures we are building smarter, not just faster, aligning housing development with our climate goals and environmental stewardship. This bill helps reduce sprawl, supports more sustainable land use, and advances housing solutions that are both affordable and environmentally responsible. It also recognizes the urgent need to rebuild and provide housing in areas impacted by wildfires, while addressing the growing demand in densely populated communities that need more housing, close to jobs, transit, and resources. To our environmental partners and advocates, your concerns are heard and reflected in the approach grounded in data, accountability, and shared commitment to protecting our natural resources while meeting California's housing needs. I look forward to continuing to work with you on that. Thank you, and I respectfully ask for your aye vote.
Thank you so much.
I think there are only three of us, I think Mr. Haney as well, who voted for the original landmark bill back in 2022 by Mr. Holden. And I think the opposition's concerns are well-founded, and I trust that the author will get there. And I hope those conversations continue. Also, just a personal pet peeve. I didn't see any tenants' rights organizations in support of this measure, and it really bothers me when we speak about renters, although the author is a renter, and so you get a pass today. 85% of my district are renters, so I get it. Yep, and the intersection between what they demand and ask of us and the need for us to bill and increase supply seem to run into conflicting intersections in this building that are staggering. And so nothing about them without them, but I want to thank the author for bringing this forward.
This bill has a do-passed recommendation today. Madam Secretary, can we call the roll? Motion is do-passed as amended to appropriations. Brian?
Aye.
Brian, aye.
Ellis?
Aye.
Ellis, aye.
Alanis?
Aye.
Ananise, aye. Berner.
Connelly.
Not voting. Connelly, not voting.
Garcia.
Aye.
Garcia, aye.
Haney.
Aye.
Haney, aye.
Hoover.
Aye.
Hoover, aye.
Kalra.
Macedo.
Aye.
Macedo, aye.
Pellerin.
Aye.
Pellerin, aye. Schultz.
Wicks.
Aye.
Wicks, aye.
Zabir.
Zabir, not voting. The bill is out.
Thank you, sir.
You got both. Can we get Lakewood finest please Whenever you're ready, Mr. Salache.
Thank you, Mr. Chair. Thank you, Mr. Chair. Good afternoon, members. I am here to present AB 2349, which would establish a regional air quality incident response program. California has experienced numerous disasters in recent years that have threatened air quality and public health, most recently the Eden and Palisades fires. These incidents highlight the urgent need to improve the modernized emergency air monitoring and response capabilities across the state. As a former South Coast A. Kennedy board member, I have seen firsthand how critical, timely, and accurate air monitoring is for protecting communities during emergencies. AB 2349 built on that exact experience by establishing a coordinated statewide network of regional air quality incident response centers to support rapid deployment, real-time data collection, and stronger coordination between state and local agencies during emergencies. This approach ensures that communities have access to reliable air, quality information when they need it most. The network will strengthen the state's preparedness through training, planning, and coordination with first responders and public health agencies. Importantly, the policy is structured to move forward as funding becomes available, ensuring that we build this capacity responsibly and effectively. For the reasons I respect, ask for an aye vote on AB 2349. I am joined by Susan Nakamura, the Chief Operating Officer at South Coast District. And she loves this bill so much that she's celebrating her birthday today with all of you. And if that was not enough, this next person is not taking a stance. But our member services will, behind me, is celebrating his 30th birthday today as well. So it's full of birthdays today and celebration of her bill. So with that, Susan. And Allie Mosquito, too. Today? Today? Oh, today. Aries, go Aries. I'll tear it up. Aries, Amy. First work day. Thank you.
Okay.
Thank you, Assemblymember Solace. So good to see you. So it's kind of neat to see a board member become an Assemblymember, and then Assemblymember Yazver. It's like, so this is very cool for me. I'm just going to say so. Great birthday. So good afternoon, chair and committee members. I'm Susan Nakamura, chief operating officer at the South Coast Air Quality Management District. We're here to tell you about our strong support for AB 2349. And we want to just highlight some of the key elements of this bill. Three points I wanted to make is timely air quality monitoring information. When you have an incident, community members, emergency responders, health agencies, they want to know if the air is good enough for people to go outside. And so this bill will provide that information quickly and efficiently and accurately. Preparedness and training. This bill will deliver training and critical tabletop exercises for emergency responders. And so that's another key element. And thirdly, it's like the type of equipment needed to do this type of work. It needs to be accurate. It needs to be state of the art. And so there's money behind that. And so we want to just highlight the need for the equipment. So we respectfully ask for your I vote for my birthday on AB 2349. So thank you very much. And we have with us Deputy Executive Officer Jason Lowe, who heads up our monitoring division. So thank you very much.
Absolutely. Two minutes. Any questions? Technical. Yeah. Okay. Thank you. Any persons in the hearing room in support?
Brendan Toon on behalf of the California Air Pollution Control Officers Association in support.
You get me? California Air Pollution Control Officers Association in support.
Good afternoon, Mr. Chair and members of the committee. Paul Gonzales on behalf of the cities of Indian Wells and Kerman in strong support. Thank you.
Thank you, sir. Any persons here in opposition to this measure? Any persons in the hearing room who are afraid to stand up because it's Ms. Susan's birthday? We'll now turn it to committee members. Mr. Zaburn.
So first of all, I'd love to be added as a co-author to the bill. Ms. Nakamura, happy birthday. It's great to see you. We grew up together as children, and now that we're both in our teens, happy birthday. But great, Bill. Thank you for bringing it. And I'd like to move it.
We have a motion by Mr. Zabur, a second by Mr. Haney. Mr. Salace, would you like to close?
Thank you, Mr. Chair and committee members. Again, this regional air quality incident response centers will be done with AB 20-49, ensuring that public health and shared informed decision-making during disasters throughout our state. I appreciate the committee's thoughtfulness and work on this, and we look forward to your support today. Thank you. Thank you so much. I first met Assemblymember
Salache in his role as a board member for AQMD, and so it's full circle for a lot of us. I was I've been going there for two years, Mr. Chair, but I feel like 10 years. You did 10 years of good work in those two years. This bill has a due pass recommendation. Madam Secretary, can we call the roll? Motion is due pass to appropriations. Brian?
Aye.
Brian, aye.
Ellis?
Aye.
Ellis, aye.
Alanis?
Berner?
Connolly?
Aye.
Connolly, aye.
Garcia?
Aye.
Garcia, aye.
Haney?
Aye.
Haney, aye.
Hoover?
Aye.
Hoover, aye.
Kalra?
Aye.
Kalra, aye.
Macedo?
Aye.
Macedo, aye.
Pellerin?
Happy birthday, aye.
Thank you.
Pellerin, aye.
Schultz?
Wicks?
Aye.
Wicks, aye.
Zabir? Aye.
Zabir, aye. That bill is out. Happy birthday. All right. Thank you, everyone. Thank you very much. Mr. Hart, you've got both an ACR and Mr. Bennett's 1960. Is that correct?
I have the ACR, and I think Assemblymember Bennett is trying to get here, but I can do it as well.
If you'd like to, Ms. Wicks would really appreciate that.
Okay.
Thanks for doing this.
Pleasure. Well, good afternoon, Mr. Chair and members. I'm very pleased to present ACR 149 commemorating the 50th anniversary of the passage of the California Coastal Act and the creation of the state coastal conservancy. The Coastal Act stands as one of the most important environmental protections in our state's history. It reflects our passion and determination of the people of California that our coast should be protected as a public resource for generations to come. Since 1972, the California Coastal Commission and the Coastal Conservancy have been responsible for conserving nearly half a million acres of natural lands and restoring 50,000 acres of critical coastal habitats The Coastal Commission and the Coastal Conservancy also play a key role in ensuring that coastal development prioritizes public access environmental health and conservation As a result, the Coastal Commission and the Coastal Conservancy have helped create 2,500 public access ways and protect 875 miles of coastal trail, helping guarantee that the public can continue to enjoy California's beautiful coastline. As a former Coastal Commissioner myself and a longtime local government elected official in Santa Barbara County, I've seen firsthand how deeply our community values and benefit from coastal protection. Our coastline is central to our environment, economy, and way of life. The work of the Commission and Conservancy has helped preserve these extraordinary resources for local families, visitors, and future generations. Joining me in support are Kate Huckelbridge, Executive Director of the Coastal Commission, and Amy Hutzel, Executive Officer of the Coastal Conservancy.
Two minutes.
Thank you. Good afternoon, Chair, members of the committee. Thank you, Assemblymember Hart. I'm thrilled today to be here in support of this resolution that marks the 50th anniversary of the California Coastal Act and the Conservation Act or Conservancy Act. 50 years ago today, during a time of indiscriminate development and increasing industrialization and privatization of our coast and beaches, Californians decided that they had a different vision for our coastline. In passing the Coastal Act and the Conservancy Act, your predecessors agreed with the public that California's coast is a distinct and valuable resource of vital and enduring interest to all people. And to ensure that the public could continue to enjoy the coast into the future, these two acts enshrined the public's right to access a healthy and functional coastline, created a land acquisition and conservation program to support that goal, and established a framework and public process for making decisions on how to balance competing uses and priorities on our coastline. Critically, that framework had to be strong yet flexible enough to address challenges that were not yet on the horizon when the law was passed. It is this approach and legal construct that has supported the evolution of the law itself to address changing needs of our state. For example, how to address and adapt to climate change, specifically sea level rise, coastal hazards, also supporting the shift towards clean energy and reduced greenhouse gases. how to address environmental justice to ensure that all people, including those that have been historically excluded, can enjoy our coastline. The Act has also provided additional tools to enforce the provisions of the Act, to address complex transportation projects, and to expand public education efforts. The Commission's Whale Tail Grant Program has provided over 1,000 grants supporting coastal access and education to organizations in every county in our state, Underscoring the premise that our coastline is for everyone, not just those who have the good fortune to live there. And it is working. I won't repeat the successes that were mentioned by Assemblymember Hart, but I would like to underscore that all of this was achieved while supporting what is now an enviable $51 billion coastal economy. Proof that California's unique approach to balancing economic growth and coastal protection works. But that work is not done. Protecting our coast for future generations requires continued vigilance and dedication to the vision and goals of the acts we celebrate today. And so I would like to thank the countless advocates, community members, NGOs who have worked tirelessly to realize the vision of the Coastal Act and the Coastal Conservancy Act I would also like to thank our many local state and tribal partners as well as the dedicated staff of our two organizations And finally I like to thank you Chair and the members of the Senate Natural Resources Committee for taking the time today to consider, sorry, Assembly Natural Resources, taking the time to consider this resolution and for hearing our comments today. We would not be here today celebrating the 50th anniversary of the Coastal Act if it wasn't for the broad support of the legislature and the public. In closing, I urge you to vote in support of this resolution, an important acknowledgement of the importance of these acts in shaping coastal stewardship and access for all over the last 50 years and into the future. Thank you.
Just a reminder, two minutes. We went over because I know you've waited. We have all waited 50 years for this moment. So we allowed for that one to go a little over. But if we could keep it to two minutes, that would be wonderful. Great.
Good afternoon, Chair and members. I'm Amy Hutzel with the State Coastal Conservancy. And our agency was created as the non-regulatory partner agency 50 years ago to the Coastal Commission and to the San Francisco Bay Conservation and Development Commission. And over the last 50 years, we've partnered with over a thousand different nonprofits, public agencies and tribes to conduct all the projects that Assemblymember Hart discussed. Looking towards the next 50 years, climate change and equitable access to the coast are our highest priorities. I want to thank the legislature for your support for our agencies over the years, most recently with the placement of Proposition 4, the climate bond on the November 2024 ballot. Those bond funds have started to be appropriated to the Coastal Conservancy and to other agencies, and we are already putting them to work on the ground, enhancing coastal flood risk management, supporting coastal access and habitat restoration, and mitigating wildfire risk. We're facing major challenges to protect our coastal resources and public access to the coast in the face of sea level rise and extreme storms. Proposition four provides the resources necessary to carry out our mission over the next decade. I want to thank our staff and our board at our relatively small agency who manage hundreds of projects from Del Norte to San Diego. And I want to thank them and their predecessors over the past 50 years. And just, you mentioned the Whale Tail Grant. Our Whale Tail and Explore the Coast grant programs have brought hundreds of thousands of people to the California coast, many for the very first time. So, you know, this is what we want to continue to do moving forward. And thanks to all of you. Thank you so much.
Any persons in the hearing room in support of this resolution?
Hi, good afternoon. Michael Chan with Audubon California in support. Jacob Evans with Sierra California in support. Hello, Natalie Brown voicing support on behalf of the California Coastal Protection Network, Center for Environmental Health, Defenders of Wildlife, Environmental Action Committee of West Marin, Environmental Defense Center, Monterey Bay Aquarium, Planning and Conservation League, Research Renewal Institute, Surfrider Foundation, and the Surfrider Foundation San Francisco chapter. Thank you. Good afternoon Christina Scrodinger at the Center for Biological Diversity in support Good afternoon Tomas Valadez with Azul in support Thank you so much Any persons in opposition to this resolution
Thank goodness. We'll now turn it down to members of the dais, Ms. Pellerin.
Thank you, Chair. And as someone who represents a coastal district, and this resolution is especially meaningful to me, And thanks to the Coastal Act, families can walk down to the beach, access points are protected, wetlands and habitats are preserved, and development is done thoughtfully. And I know many of you enjoy the coast during spring break, and it's a beautiful place to be and to shop and to experience nature. And I hate to think of what we would look like without the Coastal Act. And our coast would look very, very different. You can imagine stretches of coastline lined with private development and fewer natural spaces. So as we continue to see the sea level rise, coastal erosion, and climate impacts, it's more important now than ever to protect our coastline. So I want to thank the author for this very thoughtful resolution. I'm proud to be a co-author, and I move the resolution.
Second. We have a motion and a second. No other comments from the dais? Mr. Hart, would you like to close your resolution?
Yeah, I'd just like to say that the combination of the California Coastal Commission and the Coastal Conservancy is really a unique approach around the globe. It's the most successful program of its kind in the planet. People around the world look to California for our leadership in coastal management and resource protection. And it's really appropriate, I think, to celebrate the 50 years of accomplishments that have been made in this last period of time and to look forward to the challenges and the opportunities that the next 50 years will bring. So I respectfully request an aye vote.
Thank you, Mr. Hart. I, too, can't imagine what our coast would look like without the Coastal Act. And I know it's been a source of contention through the years. A lot of people feeling like the Coastal Commission and the Coastal Act maintains the status quo. And I think about the fact that that's kind of what the purpose was 50 years to protect some of these things. And so that's an intersection and a balance that we struggle with. And I think this resolution is important for reframing it and regrounding us in the original purpose and intent. And I want to thank you for bringing it forward. We have a motion in a second. Can we call the roll? The motion is that the measure be adopted. Brian.
Aye.
Brian, aye. Ellis.
Oh.
Ellis, no. Alanis. Berner. Connelly. Aye. Connelly, aye. Garcia? Aye. Garcia, aye. Haney? Aye. Haney, aye. Hoover? Not voting. Hoover, not voting. Calra? Aye. Calra, aye. Macedo? No. Macedo, no. Pellerin? Aye. Pellerin, aye. Schultz? Wicks? Spur? Aye. Spur, aye. That bill is out, and I strongly encourage my Republican colleagues to go to the beach. Thank you. A 2025 study on home hardening found that significant reductions in property loss can be achieved when mitigation efforts are implemented at the community level. As climate change continues to increase the frequency and intensity of wildfires, Building community resilience is more important than ever. AB 1960 allows CAL FIRE to fund community-level hardening projects through the Wildfire Prevention Grants Fund. This bill incentivizes homeowners to reduce risk together rather than one home at a time, helping to create safer, more resilient communities. Any persons in the hearing room in support of this measure? Any persons in the hearing room in opposition to this measure?
I'm just a me too for support.
Gotcha. Come on down.
Kasha Hunt with Political Solutions on behalf of Matador Fire in support.
Thank you so much. Any persons in the hearing room in opposition to this measure? We'll now turn it back to the dais. Mr. Conley.
Thank you, and thank you for pinch hitting. Understanding you may not have the answer to these questions. and I will be supporting it today, but I have a couple questions I wanted to flag and then a quick comment. I've had some really good conversations with the author today as well. I will be, so question, but also statement, we'll be very interested to see where the funding for this bill will be coming from. Will it be from Prop 4? Will that supersede funding for current programs like Cal Fire's wildfire mitigation program that includes home hardening? And we kind of specifically fought to get a large chunk of money for home hardening into Proposition 4 that heretofore has been implemented through the wildfire mitigation program. And again, to the author, have your conversations with departments like CAL FIRE indicate how long it will take to do the work required in this bill. So I don't know if you know any of those details.
All right. So just for the record.
And then again, a quick comment, wanted to express my support for the concept. I think I'm even a co-author. while, again, kind of just flagging an overarching concern, and I think we're headed in the right direction on this, but creating added layers of government or bureaucracy, so to speak, that might prevent individual homeowners and communities from actually receiving the money. That's what this is really all about, is getting home-hardening funding into homeowners' hands. That being said, the concept of the bill seems to align well with work that is being done, for example, in my own district with the Marin Wildfire Prevention Authority, an agency that is doing really good work. It's funded in part with a local tax measure, but also state funding and incentivizes local residents to harden their homes by actually providing financial assistance among other efforts that they're doing. So, again, with kind of those comments and caveats, supporting the bill today.
Well, thank you. I just say that I've been party to some of the conversations that you've had with Assembly Member Bennett. I KNOW THAT YOU WORKING COLLABORATIVELY TO TRY AND MAKE SURE THE BILL DOES WHAT IT INTENDED WHICH IS TO EXPAND THE DEFINITION OF ELIGIBILITY FOR WILDFIRE PROTECTION GRANTS TO INCLUDE COMMUNITY And collaboratively to try and make sure the bill does what it intended which is to expand the definition of eligibility for wildfire protection grants to include communities that would be working collaboratively together to kind of leverage those investments beyond an individual home but also to include a community that then benefits neighbors in a more accelerated way And the details of that I do not know exactly, but I'm sure Assemblymember Bennett will be talking to you very soon about that. Thank you. MR. Zabur.
I wanted to align my comments with Assemblymember Conley's. In particular, we'll be supporting the bill as well. And obviously, we've got a very thoughtful author that wanted to convey that I thought that some of the suggestions made in the Sierra Club letter were important ones to be considered. And I'm hoping that he'll be working with them on that, as well as some of the issues that the fire chiefs raised related to equitability and funding. So I'm hoping that he will continue working with both of those entities. And with that, I guess I'll move the bill.
Second. We have a motion and a second. Mr. Hart, would you like to close?
Yeah, we just respectfully request an aye vote on behalf of Assemblymember Bennett.
Absolutely. This bill has a do-pass recommendation. Madam Secretary, can we call the roll? The motion is do-passed as amended to Emergency Management Committee. Brian?
Aye.
Brian, aye. Ellis?
Aye.
Ellis, aye. Alanis? Berner? Connolly? Aye. Connelly, aye. Garcia, aye. Haney, aye. Hoover, aye. Calra, aye. Calra, aye. Macedo, aye. Pellerin, aye. Pellerin, aye. Schultz, Wick, Zuber, aye. Zuber, aye. That bill's out. Thank you, Mr. Hart. Mr. Gallagher.
Move the bill.
All right. Thank you, Mr. Chairman.
I appreciate the opportunity to present AB 1757 to the committee. And I want to just start by making clear this does not exempt from CEQA or from local control any small modular reactor nuclear facility. It simply creates a very limited carve-out from the moratorium, the current moratorium on any nuclear power for the modular nuclear reactor units. And so I want to make that clear at the outset so that people fully understand that these would-be projects that would still need to go through local controls, CEQA review, before they were approved. But the reason why I really think this is important is as we are thinking about meeting our climate goals and also affordability goals of energy, I do believe that nuclear has to play a pretty key role in that. And this technology has been developed over many years, decades. There's been a lot of research, as you are going to hear from my witnesses. and this technology is very ready to deploy and can be part of that mission of, one, ensuring capacity. We going to need a lot of capacity for the electrical demands when it comes to the goal for EVs when it comes for the goal for increased use at ports et cetera there going to be a huge demand on the system and we simply need more power generation. And one of the key ways we can do that in an affordable way that's not in the same old mold, that's another thing I want to point out. We've been doing things within the same old mold. I believe the committee analysis talked like, well, this maybe needs to be more like France, more centrally planned, more of a monopolistic view. Well, that's who we have. We have a monopoly right now, right? In many of our areas where you don't have a choice over what utility you're going to use. You're going to get whatever the rates are. And right now it's high, right? And we all know that. But one of the key things we can do is develop new technology, new generation that's local, more localized, and doesn't need large-scale transmission that's very costly and also that's getting old. And that's where I really think that this technology comes into play. So when it comes to next generation nuclear technology, California needs to be a leader. And right now we're kind of behind the curve because we've had this moratorium. Now, we've had this moratorium for a good reason. There were real concerns about nuclear power, but I would say that's antiquated power. And, you know, older systems, you know, very large-scale silos that people are kind of used to, technology has changed a lot. These can basically be delivered on a trailer. They're very small. They're self-contained. And as you'll hear, many are already moving forward. The states like Texas, Wyoming, Idaho, and Tennessee are actively moving forward with advanced nuclear and microreactor deployment. And these states are attracting federal funding, private investment, and high-skilled jobs in next-generation energy. California should be right there with them. And that's the pitch I really want to make to the committee. I don't know nearly enough, and that's why I've brought some folks here from Radiant Technology who are going to present some of what they've found and their history of working with nuclear technology so you can hear firsthand from them. And what I'm hoping is we really open up a conversation. We learn a little bit more today, and I'm hopeful that we can maybe start moving this forward in a new direction, again, to meet those twin goals of clean power and affordable power. So with that, I would ask for your aye vote, and I'll turn it over to my first witness with us today.
Right. Thank you very much.
Good afternoon, Chair Bryan and members of the committee. It is my absolute privilege to be able to share with you a little bit about our background and what Radiant is doing in the state of California. My name is Rita Barronwall, and I am the chief nuclear officer at Radiant Nuclear. Radiant is a clean energy company headquartered in El Segundo, California. We are developing the Kaleidos Reactor, which is a portable zero emissions power source. I have nearly 30 years of leadership in the nuclear sector, including as Assistant Secretary for Nuclear Energy in the U.S. Department of Energy. I started my career at Bettis Atomic Power Laboratory. I'm a materials engineer by degrees, but my first job out of grad school was to develop new nuclear fuel for the U.S. Navy's aircraft carriers and submarines that are powered by nuclear. One summer I thought I had drawn a short straw but it ended up being the privilege of a lifetime I had to drive a van full of interns to Newport News Shipyard and I got to stand inside where the reactor was going to go and the USS Ronald Reagan as it was being constructed And that was a monumental turning point for me, where I realized that nuclear power was going to power this behemoth of a ship and defend my country. And I've never looked back. I now have two children who are grown and out of the house, and I stay in this industry because of the clean energy that it can provide to this country and to the rest of the world. I'm pleased to provide testimony today on AB 1757. It would allow California to consider deploying nuclear microreactors. Microrreactors, by definition, are traditionally 20 megawatts electric or smaller. At Radiant, we're developing the Kaleidos microreactor, which is one megawatt electric. So for context and comparison to Diablo Canyon, which is 2,200 megawatts, a microreactor is less than one-tenth of a percent the size of the Diablo Canyon facility. This bill would modernize California's energy policy without compromising safety or environmental standards. It is a targeted, practical update to an outdated policy. California faces unprecedented energy challenges. We must meet ambitious climate goals, strengthen the grid, and plan for rising electricity demand from data centers and from electrification. Nuclear energy is safe, reliable, and clean. Starting with microreactors would position California to harness advanced nuclear technology for energy resilience, climate progress, and grid reliability. Microreactors offer dispatchable zero-carbon options that complement renewables.
We're coming up on three minutes.
They provide constant baseload power for critical infrastructures like data centers, manufacturing facilities, military bases, and hospitals. and they help stabilize the grid during peak demand or extreme weather. So as a replacement for diesel generators, micro-reactors provide backup power without particulate matter, nitrogen oxides, or other emissions, supporting air quality goals and improving health outcomes for Californians.
Thank you so much. Two minutes.
I'll continue where Rita left off. My name is Phoebe Lind. I've been a part of Team Radiant. but as a replacement for diesel generators, microreactors provide backup power without that particular matter, but they're ready for deployment now. Unlike large-scale nuclear power plants, microreactors are built in factories. They're shipped to a site and installed in days instead of years. There's no on-site construction required. Then when these reactors reach the end of their life cycle, they are removed from the site and shipped back to the factory, and the site returns to a greenfield. No spent fuel is stored on site either. Fuel remains contained within that sealed, transportable unit to be returned to the factory and stored there. Microrreactor deployment builds on a strong foundation of safety. The commercial nuclear industry has an exemplary safety track record under the oversight of the U.S. Nuclear Regulatory Commission. From startup to operation and eventual decommissioning, all nuclear facilities require exhaustive safety reviews and ongoing compliance with NRC regulations. In addition, microreactors incorporate enhanced safety features. At Radiant, Rita mentioned we're developing the Klydoros microreactor. It is designed with passive safety systems, meaning the reactor can safely shut down on its own without operator intervention and without external power. It can withstand extreme conditions, including severe weather and seismic events. And it also uses Triso fuel. This is an advanced fuel form that cannot melt down in the reactor core. And then finally, Radiance technology, it's probably designed and prototyped here in California. We've long led in energy innovation and advanced manufacturing. As Assemblymember Gallagher referred to, AB 1757 would further support high-skill jobs, attract investment, and position the state as a leader in the advanced nuclear industry. In closing, California cannot reach its ambitious climate energy goals without nuclear energy, There is no net zero without nuclear. AB 1757 would enable California to integrate nuclear technology responsibly, charting a path to carbon neutrality by 2045 while bolstering energy security. This is a practical first step on the path to broader nuclear development in California, and it's a logical complement to AB 2645 or 47. Thank you so much. The seven is at the end to get them mixed up. But I know you're looking at that next week, and we're really excited to continue the conversations on nuclear deployment in California.
Thank you. Any persons in this hearing room in support of this measure?
Heather Hoff, Mothers for Nuclear, in support. Thanks. Good afternoon, Mr. Chair and members of the committee. Erin Sanford on behalf of the Northern California Power Agency, in strong support. James Bayard Dillis, Californian since 1960, soundless visible resident, and I support this. Jeff Donovan, Californian since 1968, from GLOW Strategies, we support this strongly. Thank you so much.
Any persons in the hearing room in opposition to this measure?
Thank you.
Two minutes each whenever you're ready.
Thank you. Good afternoon again, Chair members. Jacob Evans with Sierra California here today in respectful opposition to AB 1757 on behalf of over half a million members and supporters in California. California's moratorium on new nuclear plans has protected ratepayers and communities for nearly 50 years. AB 1757 would dismantle that protection at precisely the wrong moment, as the Trump administration is getting national nuclear oversight and short-cutting environmental review for unproven reactor designs. Opponents argue that nuclear micro-reactors are different. The cost status is otherwise. The new scale small modular reactor project in Idaho was canceled after costs conceded $20,000 per kilowatt, 18 times the cost of utility solar. Plant Vogel, the most recent large rector to come online in the U.S., came in at $32 billion, tripled its original budget, and delivered 25% higher bills to ratepayers, the largest rate increase in Georgia history. Generic microrectors project even worse, $34,000 per kilowatt, with electricity costs around $470 per megawatt hour. These aren't outliers. Every small modular rector project built internationally has significantly exceeded cost estimates, in some cases by 300 to 700%. In addition to saddling Californians with increased utility bills, waste from the technology included in AB 1757 would jeopardize the safety of California's frontline communities. The bill's proponents claim that no nuclear waste would be stored on site, but have not received a federal permit to transport spent nuclear fuel, and construction has not started on a proposed waste facility in Tennessee. In other words breaking California nuclear moratorium for this new technology is premature and risky California should not rely on this expensive and dangerous power source to meet our climate goals while our nation build of renewables battery energy storage geothermal and great innovation is delivering abundant, reliable, and affordable electricity. AB 1757 asks Californians to take on safety risks, waste storage liability, and ratepayer exposure for technology that's never delivered on its cost promises. Please read your no vote. Thank you. Good afternoon chair and members. Michelle Kanellis with the Union of Concerned Scientists in respectful opposition to EB1757. Although micro reactors are only 20 megawatts, being smaller does not necessarily reduce their risks. UCS research has long indicated that micro reactors could pose greater risks of radiological exposure to surrounding communities than currently operating reactors and deregulation at the federal level makes this increasingly more likely. The Nuclear Regulatory Commission has already adopted rules that would allow certain micro reactors to be located in densely populated areas, yet would exempt their owners from any responsibility for off-site management, emergency planning, saddling state and local authorities with the entire burden of preparing for and responding to nuclear accidents. As directed by the president, the NRC is also pursuing major rollbacks of its licensing regulations to facilitate rapid deployment of untested designs with drastically shortened environmental reviews and little opportunity for public input. While we've heard claims that smaller reactors are less costly to build, small modular reactors and micro reactors in particular will actually produce more expensive electricity because of diseconomies of scale. You heard about new scale expenses at $20,000 per kilowatt before its cancellation. With micro reactors being of even smaller scale, they will remain unaffordably expensive no matter project design most likely, with projected electricity costs two to three times more than that of small modular reactors. California should continue investing in renewable energy sources such as solar wind and firm sources like geothermal and battery storage, not create pathways for nuclear micro reactor projects that are costly and riskier to residents in the state. We respectfully request your no vote. Thank you.
Any other persons in the hearing room in opposition to this measure?
Hello Chair and members, Natalie Brown voicing opposition on behalf of Resource Renewal Institute, Mothers for Peace, Climate Resolve, Committee to Bridge the Gap, and Physicians for Social Responsibility, Los Angeles. Thank you for your time.
Thank you so much. Now turn it back to committee members. Questions, comments, concerns? Mr. Ellis, you go first. I genuinely want to hear this.
So, Assemblymember, thank you for bringing this forward. I've been in science for 50 years. I've dealt with fusion, quantum, AI, and I commend you for nuclear, micronuclear, because it is our future. I have a couple questions. What do you do with the spent fuel? Because everybody's perception is, oh, Chernobyl and wah, wah, wah. That's just 100 years ago. So we in a new world where we have with AI and we have quantum and we have supercomputers that are algorithms for safety that go on forever are so unbelievably good that I would expect that you using this in your process So I first want to ask about the fuel Sure So I going to address the spent fuel
question. Yes. And I'm going to extrapolate on that. One, no spent fuel. If this passes, no spent fuel will be stored in California. Our business model is for any client, no matter where it is deployed around the world, the fuel comes back to radiant. And so in this instance, as was mentioned earlier, our factory in Oak Ridge is going to take that fuel back. And when we refuel the reactor and then ship the reactor back out to the client, that used fuel is stored in spent fuel containers at our Oak Ridge, Tennessee facility, just like the used fuel at the 94 operating plants in the United States are stored in spent fuel storage casks on concrete pads. That's one. The other one was around the transport that I want to address as well. Hundreds of highly irradiated transports of nuclear fuel have been conducted around the United States for decades without a single incident. That's from those naval nuclear aircraft carriers and submarines.
What about the data centers that are moving out of California because they don't have the power to supply them and we're putting in – are you doing any of the micronuclear work there?
So we do have a client that has ordered 20 of our micro reactors for data center support. I can't tell you where they are located at the moment, but data centers in the United States are absolutely vital. It's vital to keep them here, not only for data security, but for national security reasons as well.
Okay. Thank you very much.
I'll elaborate on that question as well.
So why is it important for you to make the note that no spent fuel will be stored here in California? Because he just mentioned that the waste would be in California. Do you think it would be a problem if the waste was in California?
Not at all. Not at all.
Okay. In terms of the clean energy conversation, I think we talk about this a lot in our oil conversations. The idea of trucking spent fuel all the way to Tennessee, does that offset any of the benefits that you would expect to gain from these modular reactors?
Certainly, yes. There is that transportation cost and potential. If you use not a clean energy source, then, yeah, emissions associated with that, but that doesn't offset the benefits of a microreactor. We're talking about one megawatt that powers 1,000 homes. for five to eight years without an eruption. You don't need to refuel it. You don't need to do anything with it.
Would it be your recommendation that California should invest in storing nuclear waste here in California communities?
So that's not what this conversation is about. I'm happy to have that conversation separately, but that is absolutely not what we're talking about. We're talking about in the environment today where we sit, there is a moratorium on deploying new nuclear. micro reactors and especially the ones that Radiant wants to deploy do not need to be operating under that continued we're advocating that we don't need to continue to operate under that moratorium we're asking for an amendment to that I mostly just following up on the conversation about the spent fuel and waste and the fact that if we were to lift this moratorium your suggestion is that we ship it to Tennessee but you actually think it would be perfectly safe for California communities to
have nuclear waste is what you told me just a second ago. I didn't say communities. No, no, no. I said it could be here. California mountains or? Hang on, hang on. Let me explain. So just like
we are doing in Oak Ridge, Tennessee, we have a facility. And by the way, we are one of the, I think we are the only micro reactor company that is working with the NRC post the executive orders of the president last year. We have a part 70 application to build part what's called a category to fuel facility. In addition to our factory, we're going to manufacture these reactors. And what that does is accommodate for by the NRC, the not only the fueling, but the refueling of these reactors by analog. So first, that creates almost 200 jobs in Oak Ridge, Tennessee. By analog, if we were going to hypothetically have this conversation, like go down this road, if we wanted to do that here in the state of California, we would find an area of the state that also wants to host a fueling and manufacturing facility. And if we extrapolated that business model for Oak Ridge, then that would apply to that. Now, that's a lot of ifs and extrapolation, but that's how that would look like.
I think it's an important conversation when we're talking about, you know, lifting a moratorium that's been in place for quite some time. What kind of conditions for a place in California would make sense? Would it be like an urban center like Los Angeles or a rural community like Nicholas? Where would you expect something like this refueling station that you have in Tennessee? Where would be the ideal conditions in California for something like that?
Could I sort of briefly respond and then she can add to that? One, you should know you already are storing nuclear at San Onofre. So anybody that's been on the tour to Edison knows that they've actually been doing that when they decommissioned that nuclear facility. That is being safely stored and it's continually monitored. There's been no radiation emanating from that. So it is being safely stored in California.
right now. But this bill doesn't require or even open that up to doing more storage here in California. This company would be taking that back to Tennessee, where they, again, have safe storage approved by the NRC, has to go through all that regulatory review. So I just want to make that point. And yeah, I don't know if you wanted to add to that. Yeah.
We're really kind of pulling on this thread here in terms of extrapolating 1757 to are we going to store spent fuel in California? And I think that is very much outside the scope of this proposed legislation. I'm happy to answer the question. I mean, I don't know how to reframe it. Let me give another example, though. So I was recently in the Indo-Pacific and I spoke to presidents of countries who want microreactor technology in their midst. They said, obviously, it doesn't make sense. Do we use your facility in Oak Ridge? Or then as we're expanding globally, do we consider something else that is closer to them? Absolutely. We would entertain the thought of having a different facility that is more approximate to their location. If that makes sense, once we move down that road for this state, absolutely we'll have that conversation, but that is not in our business model today.
I appreciate that. And it was, I think it's, all of these questions are relevant, which is why I think there was bipartisan interest in kind of seeing how does this all play out? Because I think this is an important conversation and has been a bipartisan conversation going back, I think, the last three or four legislative cycles. I think I would like to see the energy commission kind of look into this and report back to the legislature in a, in a meaningful way at some point. so we can have this conversation fully on our pathway to net zero.
Can I add something, Chair?
Unfortunately, I'm going to close this one out, but I look forward to hearing you back, I think, in a couple weeks, I would imagine. I'm not ready to support this yet, but I do think this conversation is important. And I know that our colleague from Nicholas is sincere in his efforts to try to lower energy costs, and I think that's a priority of the legislature and a goal for all of us. I'm not sure if this is the way to do it. I'd like to see more data, more research, more information. I'd like to see the Energy Commission get involved in providing us the kind of foundational framework for us to make good legislative decisions. And so I cannot support this measure today. We have a motion by Mr. Hoover and a second by Ms. Macedo. Madam Secretary, this bill does not have a yes recommendation from the chair.
Could I close?
Would you like to close, Mr. Gallagher?
Yes, sir.
Okay.
Thank you, Mr. Chairman. I appreciate it. And, you know, we just celebrated Easter. And I think the theme here is that we need more eggs in the basket. You know, like we've got different eggs out there that have been working. They're trying to deal with this dual problem. But we need more, right? And probably the other, you know, look, I've been a very big champion of solar in California. You guys have heard that from me. But even with the renewables that we've done, it's massive. It's been very massive. Our costs are still going up. Those rates are still going up, and it's been exponential. This is zero emission. This is zero emission technology. So, again, if we want to meet that – and I think the other problem that we haven't really dealt with is transmission. Transmission is so expensive, right? You're bringing along all these – the old way of doing things is to bring power from a long ways away and bring it to your household. We're talking about technology now that could bring the generation closer to home. Nuclear is one of those options, not the only one, but it's one of those options that could bring that generation a lot closer to home, right, and help power our localities. And then we don't have to have large-scale transmission that's very costly to maintain and that also is a wildfire threat. So that's why I think there's multiple benefits to at least opening this up. Again, it doesn't require it. It allows California to evaluate this technology. No one's going to deploy this if it costs too much. Why would they do that, right? Like if it's too costly, they're just not going to use it. But if it is a cost savings, they are going to use it. And lastly, the data centers, that's one of the issues. We're worried that if data centers goes up, they're going to suck the existing power that we already don't have capacity for. We're already looking at brownouts, even with everything that we have right now. If, for instance, you had a data center powered by a microreactor, it wouldn't be taking from that pie. It would be self-sustaining. So it's another thing to think about as we start looking through this. So anyway, those are just some things I'd ask you to think about, and I'd ask for your support for, again, this very limited carve-out from the moratorium.
Appreciate you With the Easter reference I thought you were going to say that this bill has risen from the dead for the fourth time That it Madam Secretary can we call the roll The motion is due past two appropriations. Brian? No. Brian, no. Ellis? Aye. Ellis, aye. Alanis? Yes. Alanis, aye. Berner? No. Berner, no. Connolly? No. Connolly, no. Garcia? No. Garcia, no. Haney? Hoover cholera cholera no Macedo Pellerin no Pellerin no Schultz wicks Zuber no is that an invitation to ask for reconsiderations that it could rise from the dead without objection reconsideration is granted thank you mr. Sure, man. Absolutely. Miss Addis. Miss Addis. Whenever you're ready.
Yeah, that would be great.
Thank you, Mr. Chair, and thank you committee members and staff and advocates that are here today. I'm here to present AB 2254, the Coastal Monarchs Protection Act, and I will be accepting the committee amendments. This bill requires local governments within the coastal zone that have monarch butterfly overwintering sites within their jurisdiction to develop and implement overwintering site protection policies, but only to do that when they are already going to update their local coastal plan or their LCP. So it would happen within a natural time cycle for the entities that would be updating. And just to give you the problem in a nutshell, Western monarchs are incredibly important, not just to the Central Coast, but much of coastal California. They bring ecotourism dollars to very small communities that need those dollars. And they're also a very important part of our ecosystem. But since the 1980s, we've had a 95 percent decrease in Western monarchs, which means that the population is on the brink of collapse and over 60 sites have been destroyed or severely damaged by human development. So AB 2254 is a very simple solution, as I mentioned, that when local government is updating their LCP or local coastal plan, they would include overwintering site protection policies. And with me today is Scott Black, Executive Director of the ZERI Society for Invertebrate Conservation and Robert Heim, Program Coordinator for the California State Parks Foundation. And I'll turn it over to them.
Great. Chair and members of the committee, thanks for the opportunity to testify today. I'm Scott Black, as she said, Executive Director of the Xerces Society for Invertebrate Conservation. Our organization has been working across California for decades to conserve monarch butterflies and their habitats. I'm here today in strong support of AB 2254. The science is really clear. Monarchs are in trouble. The U Fish and Wildlife Service has determined that the monarch butterfly warrants listing under the Endangered Species Act The Xerxes Western monarch counts documented only 12 monarchs this year We had likely 4 million monarchs in the 1980s These extremely low population numbers put Western monarchs at serious risk. Overwintering sites are forested groves along the coast of California that are absolutely critical for monarch survival. Without these sites, we will no longer have migratory monarch butterflies. Yet every year, sites are destroyed and severely damaged. Sixty sites over the last 30 years have been damaged or destroyed. Once these groves are gone, we cannot recreate them. So these monarchs need them. So while some regulatory protection exists through the Coastal Act, there are significant gaps and inconsistencies in implementation. This bill offers practical, tailored solutions by integrating monarch protection into existing local coastal planning processes and directing the Coastal Commission to develop model guidance. This bill creates clarity, predictability, while protecting vital monarch habitats. For the future monarchs, I respectfully urge you to support AB 2254. Thank you. Good afternoon, Chair and members. My name is Robert Heim, and I'm a Program Coordinator with the California State Parks Foundation. Thank you for the opportunity to support AB 2254. For more than 50 years, California State Parks Foundation has partnered with the state to protect all 280 state parks across California. That includes longstanding work to steward monarch overwintering groves through restoration, volunteer engagement, and public education. As you've heard, Western monarch populations have declined significantly. I'd like to share what that looks like from the perspective of California's state parks and the communities connected to them. State parks play an important role in supporting monarch overwintering habitat. More than 50 overwintering sites are located across roughly 40 state parks, including Natural Bridges State Beach in Santa Cruz County and Pismo State Beach in San Luis Obispo County. Each year, more than 100,000 visitors come to state parks to see monarchs. Over time, many coastal communities have developed a deep connection to the seasonal return of these butterflies. Their arrival has become part of the identity of these places and brings visitors during the winter months, helping support local economies during a typically slower season. And more broadly, monarchs are deeply valued. Research by the United States Geological Survey found that people across the country place between $4.78 and $6.64 billion in total value on conserving monarch populations. AB 2254 offers a practical way to strengthen protection of monarch overwintering habitats by providing clear guidance and consistency within existing local coastal planning processes. Without action, we risk losing more than habitat. We risk losing a seasonal rhythm that communities have come to know and depend on, something that brings people together and supports local livelihoods. And once those monarch groves and the butterflies that return to them are gone, a part of those communities is lost with them. Thank you for your time and consideration.
Persons in this hearing room in support of this measure.
Good afternoon, Ruth McDonald with Climate Action California in support.
Thank you.
Hi good afternoon Michael Chan with Audubon California in support Hi Brittany Friedman also with Climate Action California in support Hi Christina Scaringe with the Center for Biological Diversity in support Hi, Natalie Brown with Defenders of Wildlife in support. Thank you.
Are there any persons here in this hearing room in opposition to this measure? Two minutes. Okay, thank you.
Good afternoon, Chair, Brian, and committee members. My name is Melissa Sparks Kranz with the League of California Cities, and we respectfully have an opposed unless amended position on AB 2254. We believe AB 2254 is problematic based on the approach the bill proposes, not that we oppose butterflies or their habitats, for clarification. First, under the Coastal Act, LCP updates are a very challenging, time-intensive, and costly process that local governments must go through to gain Coastal Commission approval to retain their local land use permitting authority in the coastal zone. LCPs are not site-specific plans. They are long-range land-use planning documents. And if specific sites are in need of greater protection, the development of habitat management plans would be the most appropriate planning mechanism to provide these protections and mitigations for such sites. There, in fact, are local governments that already have existing habitat management plans for the monarch butterfly habitat sites in their jurisdictions, which this bill would impose a duplicative planning effort for those that already have such plans by requiring their LCPs also be updated. AB2254 presumes that monarch butterfly habitat is bound to the coastal zone by requiring LCPs to be updated, when, in fact, about a third of all habitat sites in California are, in fact, outside of the coastal zone proper. This would neglect managing these sites holistically for those areas outside the defined coastal region. AB 2254 would propose this mandate at a time when local governments are working diligently to complete a robust LCP update to address sea level rise planning efforts. This was a specific goal and priority of the legislature for coastal jurisdictions two years ago. Adding more to the plates of local coastal jurisdictions will only deter from successfully meeting those existing requirements. We believe ultimately to achieve the author's intent, first working through the process to have monarch butterflies and their habitats listed under CISA, the California Endangered Species Act, would be the preferred approach. They are currently not a listed species here in California. The process requires evidence of threats, population trends, habitat needs, while providing temporary protections during that evaluation. Habitat management plans could then be developed locally as appropriate based on completing the scientific process. For these reasons, we remain opposed unless amended and have been working with the author on future amendments. Thank you so much.
Any other persons in the hearing room in opposition?
Good afternoon. Stacey Heaton with the Rural County Representatives of California, representing 40 rural counties statewide. We also hold an opposed unless amended position. We are working with CalCities and with CSAC to come up with some amendments that would ease our concerns on this bill. Thank you.
Thank you so much.
Good afternoon. Jordan Wells on behalf of the California State Association of Counties, also respectfully opposed unless amended for the reasons outlined by my colleagues. Thank you. Thank you. I'll turn it back
to the dais. Mr. Sabur.
First of all, I want to thank you for bringing this bill. I'd love to be at it as a co-author. Given what the local governments have said, how long would it take to who have monarch butterflies listed under the California Endangered Species Act. I mean, isn't that a year and multiple years long process before we would then? What I am just understanding is that they're suggesting that we have to go through a listing process, either with the federal or the state Endangered Species Act, which in my years of practice of environmental law is most of the time multiple years of a process. And then I think they're arguing that you would at that point look for protection under the Coastal Act. Am I right about that? And I guess the second thing is the Coastal Commission has already protects monarch butterflies in sort of an ad hoc way. I know this from projects that I worked on before the Coastal Commission, where the Coastal Commission would actually look at ad hoc evidence of whether or not there was an overwintering habitat and look for sort of ad hoc protections of that. what you would be doing is sort of standardizing this. So it's not something that's new in terms of the Coastal Commission having authority over it. It would just basically be more robust and require every jurisdiction to start looking at this. So the Coastal Commission in the past has never required that something be listed before it protects a species.
In fact, there's a separate regulatory structure under the Coastal Act to protect environmentally sensitive habitat areas, otherwise known as ESHA. Is that right? Yes. If I could say maybe in colloquial terms how long it would take, it would be a super long time. I think I wish I could give you a number. Actually, I wish that we could define here's exactly how long it would take to get through SESA, but it would be a very long time. And I think with the decline that we've seen, there is a worry that the population would be gone by the time we could get through the process. I would also say it's not standard. I would agree with you on that. it's not at all standard. And while monarchs may be protected, their sites aren't necessarily protected under the Coastal Act as it stands. So this would create more of a, to your point, more of a broad policy that could be used across the state. But also the Coastal Commission is working on this and willing to create model policies so that I used to be a council member. I was a council member in the city of Morro Bay. And one of the most helpful things when we were going through the LCP process was to be in constant contact with Coastal Commission, but also when they have model policies that you know are going to stand up to their scrutiny, that makes the process a lot easier. And so they've been willing to work with us to say that they would develop model policies. And there's no debate that monarch butterflies are endangered and threatened. I mean, it's I think from what I'm aware of, the Coastal Commission alone has been tracking this for at least two decades now and has been looking at monarch butterfly populations who understand go. I mean, don't they fly all the way down to Mexico and then they come back? And we know that the numbers are declining pretty rapidly. So it's not like we need to go through a state or federal Endangered Species Act process to know that these species are endangered and threatened. Is that accurate?
Correct. Correct. I think there widespread agreement that they endangered and it does hurt local economies I mean I represent Pismo Beach They seen multiple declines which means tourists aren coming to those areas Tourists that would normally be coming to see the Monarchs, it might be going up to Natural Bridges, in Assemblymember Pelicans District, to Pacific Grove in my district, down to Pismo. You heard from State Parks. So everybody agrees there's widespread problems for the population, and it's largely related to declining habitat. And it's dangerous not just for the ecosystem but for the economy. I just had one last question. I thought the bill also requires that the update happen when an LCP is going to be updated anyway. So it doesn't seem to me like there's some huge burden. It's one more thing that the city or local government would have to do when they update their LCP. but it's not like you're requiring a new process.
As an LCP is updated through the Coastal Act, this would be a new part of it. Is that right? That's correct, is that we want this to be part of the natural cycle of a city updating their LCP again, understanding what it's like as a former city council member, what it's like to go through the LCP process. And it is a very robust process. It's a purposeful process, but we're not adding an extra layer. We're just making this part of the natural update of the LCP.
Thank you very much.
Thank you. Other questions from colleagues? Seeing none, would you like to close?
Sure. I just want to thank the committee and staff. And again, we do accept the committee amendments and respectfully ask for your aye vote. Thank you so much.
We have a motion by Mrs. Burr and a second by Ms. Burr. this committee supports the monarch butterflies and your efforts has a do pass recommendation Madam Secretary can we call the roll motion is do pass as amended to water parks and wildlife committee Brian Brian I Ellis Ellis no Alanis Berner I Berner I Connolly Connolly I Garcia Haney Hoover Cholera Cholera aye Macedo Pellerin Aye Pellerin aye Schultz Aye Schultz aye Wicks Zabar Aye Zabar aye We'll leave it open for absent members Thank you so much Thank you Thank you We're going to have Ms. Berner go really quickly Assemblymember Petrie Norris and Assemblymember Wilson. If you can hear me, please come to the committee room. We would love to hear from you.
Good afternoon, Mr. Chair and members. First, I want to thank the chair and his amazing committee staff for working with me on this bill. I will be accepting the committee amendments which address what has been raised over and over again as the opposition's principal concern. AB 2253 would protect consumers from deceptive recycled content claims by requiring companies that advertise recycled content in their products to be honest about the amount of recycled materials used. The mill emerged from a single premise If a product has a claim on it that it is made from recycled content it should actually be made of recycled content Currently companies can use accounting methods to falsely claim that their products contain recycled content when oftentimes it is lower than 0.1%. In our affordability crisis, Californians shouldn't be charged more for a product that claims to be green that isn't. Furthermore, this practice undercuts the California companies that have invested billions of dollars in real recycling and product manufacturers that pay a premium for more sustainable materials. I introduced this bill because California has always been ahead in consumer and environmental protections. We shouldn't be bamboozled by these companies' false marketing on products that are not grain. I respectfully ask for your aye vote, and I have here with me Kayla Robinson with Californians Against Waste and Renee Sharp from NRDC. Good afternoon, Mr. Chair and members. Kayla Robinson with Californians Against Waste, the proud sponsor of AB 2253. Recycled content has long been a cornerstone of California's policies. Recycling doesn't happen at the curb, as many of us might think it does. It happens when materials are actually used to make new products. And recycled content is what really creates the demand that makes the whole system work. So without it, collected materials lose value, programs get more expensive, and more actually ends up in the landfill. This bill was inspired in part by a lawsuit brought by the Attorney General Rob Bonta against ExxonMobil, in which the AG pointed out that ExxonMobil marketed products as having significant recycled content when internal documents indicated that the actual material had upwards of 99.9% virgin plastic. This is not an isolated example. Companies across industries are using mass balance gimmicks and so-called book and claim systems to buy credits and inflate recycled content claims. That's not how consumers understand these labels. When someone sees 30% recycled content on a yogurt container, they expect real recycled content in that product, not an accounting allocation made somewhere else in the industry. Recycling is complex, and real-world manufacturing can result in slight variations, which one package may contain 28%, another 32%. That's not what this bill is talking about and addressing, and the committee amendments will clarify that intent. AB 2253 targets accounting practices that allow companies to assign recycled content to products that may not contain any at all. And in some cases, the material behind these credits may be double counted or even burned and not actually recycled. These accounting practices are inherently misleading. They overstate recycled content claims, claims that consumers actually pay more for usually, and perpetuate the false impression that these materials are being meaningful recycled at scale. And I just want to close with here in California and across the country, our plastic reclaimers are actually really struggling to survive. And just in the past year, multiple facilities have closed, shut down, and several others are on the brink of going under. So when companies can make questionable marketing claims with paper credits instead of purchasing actual recycled content, it really undercuts our recycling industry here in California. Thank you. Thank you, Chair and members of the committee for the opportunity to testify today. And thank you, Assemblywoman, for your leadership in authoring this important bill. My name is Renee Sharp, and I'm here on behalf of NRDC to express support for AB 2253, which would disallow the use of deceptive accounting and marketing schemes that allow companies to claim they are using recycled content in a product when they actually may contain none at all. There are many different forms of such deceptive accounting and marketing schemes including credit mass balance and booking claim and they raise a wide range of concerns Some of them allow companies to purchase credits associated with material from elsewhere in the global supply chain that is dubiously labeled recycled rather than using actual recycled material in their products. Some allow plastic to be turned into fuel and be counted as recycling, a practice with conflicts with California law, while others disadvantage proven mechanical recycling technologies while giving an unfair advantage to other highly polluting technologies that may not actually be doing any recycling at all. But all of them have one thing in common. They will undermine public trust in the recycling system. This is a problem because today, public trust in recycling is at an all-time low, and we need public trust for recycling to work. The other thing that we need for recycling to work is robust, fair markets for real recyclers and a system that does not disadvantage California recyclers. AV-2253 is also important because it addresses, is so important, I should say, because it addresses all of these issues. It protects call trust, promotes fair markets, and helps California recyclers. I urge your aye vote. Thank you. Thank you so much.
Any persons in the hearing room in support of this measure?
Thank you. Good afternoon. Erin Martinez on behalf of Rethink Waste and Clean Water Action in support. Thank you. Hello again. Stacey Heaton with the Rural County Representatives of California as well as the Rural County's Environmental Services Joint Powers Authority in support. Thank you. Jordan Wells on behalf of the California State Association of Counties in support. Thank you. Good afternoon. Dylan Hoffman on behalf of Stop Waste in support. Melissa Sparks-Krans with the League of California Cities in support. Ruth McDonald with 350 Sacramento in support. Thank you. Shea Logan with Novalex and Inbetweener, if you will. Mr. Chair, I want to thank the author and the committee for the amendments, and we look forward to working with her. Thank you.
Thank you so much. Any persons here in opposition?
Good afternoon, Chair and members. Adam Reggley on behalf of the California Chamber of Commerce and strong opposition. I wrote a bunch of testimony, but I thought it'd be better to have a conversation. Candidly, we don't understand the intent of the bill when it states we're trying to prevent untruthful statements in products when the entire impetus of the mass banning accounting system, which is an internationally recognized accounting system used in energy systems. It's used in glass. It's used in paper. It's used in plastics. It's used in aluminum. It's used in textiles, just to name a few. All of these are impacted by this law, and all we talk about is plastics. And yet, even for plastics, the internationally recognized ISCC+, the ISO standards, they're all internationally recognized. So California is effectively coming in here and saying, we don't care what's internationally recognized. We don't care that there's accounting systems that track every molecule for you to be able to make a... claim on it. When you blend recycled content with virgin material, these systems cannot tell you that every single bottle has exactly 20 percent, 90 percent. We do not believe the amended language in the bill actually addresses that. AB-793, which requires on average, is a requirement in law for the bottle bill. Then this bill comes in and tries to amend with the on average. And then right after it literally says, without the use of credit-based mass balance accounting. So we believe the bill's in contradiction with itself, even under these new amendments, you'll see in the opposition, no one's removed it because it doesn't actually address the issue. And so basically what this bill is saying is it's very, very analogous to the way we do renewable energies. We don't say when we put renewable energy onto the grid, did all those ions go directly into that one house? Otherwise, you cannot say you got any renewable energy into the grid. That's identically what we're saying here is if you can't say exactly what's on this product, these accounting methodologies basically account for it at scale for entire systems for manufacturing, millions and billions of products. And so effectively, when we are trying to push EPR and circularity, you want to, at scale, attract as much recycled content into these products as possible and not basically hold manufacturer is liable for, did every single claim on your bottle state exactly? In reality, what you want to do is have accounting systems, which are already internationally recognized, accounting so that you don't make any false claims. If this bill is about false claims, then why are we saying you can't tell the consumer you're using mass balance? That's the exact opposite of what this bill is trying to do. Thank you. Two minutes. I'm going to just build on Rachel Michelin with the Cal Retailers Association. We're the consumer-facing industry, and we are under every single product stewardship program and EPR program in the state of California. Our members are trying very hard to comply and be great partners. I think we have a reputation in this building as leaning into a lot of these really difficult issues and trying to find solutions. And I'm going to use one example different, I think, than what Adam was using, and that's in a recently passed bill, SB 707, which is the textile EPR, first in the world in terms of textile EPR programs. If this bill were to pass, we can't implement that EPR program in the state. You're setting up my member companies to fail. We are trying to lean in. We actually applied to be the pro. We didn't receive it, but we're still leaning in to try to be good actors in that. But I guess to Adam's point, what is the problem we're trying to solve? You know, we really are trying to create programs that we can. I'm excited about the textile EPR program. I think there's incredible opportunity. There's opportunities happening right now around the Olympics in Los Angeles, where California, the Olympics, L.A. wants to be the most sustainable games in the history of the Olympics. This bill passes. That won't happen. And so I find it very challenging to understand why, on one hand, we want to be a global leader in EPR and sustainability. We pass these EPR programs, whether it's 54 or 707, and yet then we pass or we debate these bills such as this. And we're telling businesses, we're not going to give you a way to comply, but we're going to give you a way to be litigated. and we're going to give you a way to be sued, which then turns around and when we talk about affordability that only going to increase the cost on California consumers or it going to reduce the ability for consumers to have access to products The other piece is going to be that, candidly, then, consumers can go to other states and still buy these products, where they're going to spend their tax dollars in other places, and California still loses out. So as a president who represents an industry that's in every one of your districts, and these impact businesses small and large. There's no discrimination in terms of who this will impact. You know, I really question what are we trying to accomplish here when, to Adam's point, there are already – this is internationally recognized, and we are trying to comply. We are complying. Thank you. And so help us to help you to implement a lot of these programs that we're trying to work with you on. Thank you.
Any persons in the hearing room in opposition? Name, organization, position on the bill.
Good afternoon, Silvio Farrar on behalf of the Vinyl Institute in opposition. Kelly LaRue for the American Cleaning Institute in opposition to the bill in print. We look forward to evaluating the amendments. Thank you. Good afternoon. Tim Shestick with the American Chemistry Council in opposition. Thank you. Elizabeth Esquivel, California Manufacturers and Technology Association, also in opposition. Greg Herner with Can Manufacturers Institute. Appreciate the amendments and we'll be looking and hopefully can have some further discussions. Margie Lee Sampson, advisors here on behalf of the California League of Food Producers and the Toy Association, in respectful opposition. Hi, Edwin Borbon on behalf of AmeriPen, the American Institute on Packaging and the Environment. Opposed. Thank you. Lauren de Valencia representing the International Sleep Products Association in opposition. Good afternoon. Nicole Quinones on behalf of the Household and Commercial Products Association as well as the Pet Food Institute in opposition. Good afternoon. Jason Bryan on behalf of the National Confectioners Association. We're opposed as well. Thank you. Good afternoon. I'm Ria Rapityan on behalf of the International Bottled Water Association in opposition. Good afternoon, Mr. Chair and members. Jasmine Valle on behalf of Plastics Industry Association in respectful opposition. Thank you. Randy Pollack on behalf of the Carpet and Rug Institute in opposition. Good afternoon, Mr. Chair. Jackie Anas behalf of the Consumer Technology Association. Respectfully opposed. Chair and members, Craig Schuller on behalf of the Personal Care Products Council in opposition.
Thank you so much. We'll now turn it back to the dice. Questions? Mr. Zubur.
So, first of all, I'll be supporting the bill today in part because we haven't had any opportunity to have any dialogue since we've both been, well, I've been gone anyway. I'm really confused about the bill. I think obviously the goals are absolutely laudable. Obviously, you know, consumers shouldn't be, you know, there shouldn't be fraudulent claims about recycled content in anything. And when those claims are made, they should be accurate. So that part of the bill, obviously, you can't argue with. the whole issue with the mass balance, and I was looking at the language, there's a lot of term of art in the bill itself that I'm not quite sure what it means. And so it says the recycled content claims shall be based on actual physical recycled content in the product That part I don think anyone can debate right Without the use of credit mass balance accounting including free allocation book and claim accounting or similar approaches that are not based on the actual physical recycled content in the product. Now, the last part seems like you can't debate it. All that stuff in between, to me, it's sort of like, okay, well, what am I averaging the content about? Like how many products is this in? And at some point, you're not basically taking one bottle, carving it into three pieces, and then putting it in one bottle, one bottle, one bottle. So you're actually averaging recycled content in some group of products, I would think. Isn't that what's happening? So is there a problem with the protocols that are being used to do that? It sounds like there's at least in some cases there has been some concern with the mass balancing protocols. Can you sort of describe what those are? Because it sounds like in many cases you have to do some amount of mass balancing in order to sort of calculate recycled content in some body of products, don't you?
So we recognize this is it's very it's a confusing issue. Absolutely. Absolutely. And so one one clarification that I want to make is that the the bill does not say that you can't use any form of mass balance. It specifically says you can't use credit based mass balance and the and the form of mass balance that is explicitly allowed, especially now with the it was allowed before, but it's more explicit in with the committee amendments is that you can use rolling average mass balance. And so in that case, what it allows is say you have 75% of, or say you have like recycled feedstock and you have virgin feedstock. And on a given day, you might have 75% of recycled feedstock and 25% of virgin feedstock. So another day, you might have the opposite, 25% of, what did I say, of recycled feedstock and 75% of virgin. So it allows fluctuations. And what it says is that, you know, the number of the amount of recycled content in a bottle or whatever can vary. It can absolutely vary. It can vary dramatically. But on average, over a period of time, you know, one month, three months, you know, some defined period of time, on average, you have to be using whatever claim. So if you're saying you're claiming 50% recycled content, then on average, like over that time period, you have to use 50% recycled content. So it can actually vary really substantially. You could have 1% and it would still be in compliance. But as long as you're actually physically using that amount in making the products over time, that's a lot. What you can't do is say, you know what, instead of actually using like physical recycled content, we're going to, for example, there's a number of different ways that you can, there's a number of different forms of this. but you can't like buy a credit over here that is, you know, theoretically associated with some like other recycled content. And then to say like, okay, well, I'm not going to change with how I'm making my product. I'm just going to kind of like buy the certification over here and put that claim on my product. You can't do that kind of thing. Does that make sense?
Yeah. So, I mean, it sounds like you're not arguing against mass balance accounting completely. Correct. Right. I mean, so this is,
It's not the intent of the sponsors to outlaw mass balance. It basically to make sure that there are some guidelines around it so that you not basically buying a credit that someone else used recycled content and then not using and sort of getting a free pass on your own product Is that sort of More or less So why so are the mechanisms that the I assume this is guidance that puts the mass balance protocols together
Are they not dealt with in the protocols?
So there are ISO standards that kind of define different forms of, they're called like chain of custody models. And there's other ones in addition to mass balance that are also allowed. So they kind of define, you know, like, here's what they are. And here's kind of generally how they work. And what this bill does is say, okay, you can use these chain of custody models, which really are tied to physical content. But you can't use these other chain of custody models, which aren't tied to physical content and can allow companies to, you know, for example, buy a card over here. Or another example is to take plastic waste, turn it into fuel, which is not recycling, and essentially transfer recycling credits to essentially virgin plastic, call it recycled, mark it as recycled, and then companies are essentially incorporating what is essentially virgin plastic into their products and calling it recycled when actually that plastic waste was burned as fuel. So it's also restricting that practice, which is really against California law. So there's a number of different things that are happening that it's really trying to guard against and really support the actual incorporation of actual physical content in products, even though it allows fluctuation in a mass. Does that help clarify?
Yeah, so it sounds like basically what the goal of the bill is to have the mass balancing is permitted, but it's more closely tied to the products.
Correct.
Is that right?
I believe that's the amendment we took in this committee. Correct.
And would that apply also to the fabrics on the textile recycling as well or not?
Yes.
So there's different types of mass balance, I think, is part of what the confusion is, right?
And so the mass balance rolling average is something that we are comfortable with. There's other forms of mass balance defined by ISO that this bill is trying to create guardrails around.
May I ask a quick one last question to Ms. Michelin? So it sounded like you had some concerns about the textile issue, and I just wanted to just understand what that was.
Well, yeah, because as my members have read it, they're still concerned that it's a one-size-fits-all, and we still have concerns on how it's going to implement, how we are going to be able to implement SB 707. We need that technology in order to implement certain types of fabrics, polyester and nylon and those types of things. So, you know, we don't want to handcuff ourselves when we, no one's ever done this type of VPR project globally at all. California's first, we're leaning into it. But a sweeping bill like this, we're opening in so many different, I mean, I heard plastic, plastic, plastic. This incorporates carpet, all kinds of different programs, not just plastic. We're not concerned about plastic. I'm concerned really about textile. So I think that there's a, you know, that's really where our concerns are. So it really is something that I think more thought needs to be put into that. I don't know, Adam, if you had any comments. So if I can just, as the author, respond, this bill only affects marketing.
It doesn't affect EPR programs.
Thank you. Mr. Ellis. Yeah, one quick question. Can you point to a single certified mass balance claim that the EPA, Federal Trade Commission, or any regulatory agency is found to be deceptive?
So actually, during the Biden administration, they actually made clear that mass balance, certain forms of mass balance will actually not be allowed through their procurement program. So while we can't necessarily say there are claims that aren't true, I think the federal government did take action back in 2023 on this topic or at least initiate it. And then, you know, with the administration change, of course, things may have changed since then.
But you don't know of any claims?
I will say that actually in the analysis, it notes that the EPA recommended that these forms of mass violence not be allowed. under the FTC's Green Guide updates. That process has not completed. So at this point, I think it's still an open question of what will happen. But that's...
Well, then my question of the opposition then, do you know of any?
We've asked no. And on that point, I'm on the FTC. The green guys have not changed based on that. And it's specifically from their statement said, if you can't track it or account it, you shouldn't get credit for it. We don't disagree with that. Basically, this is 100 different countries have adopted the ISTC as a model for accounting and accrediting mass balance. This is a bill that basically says, we've thrown all that out. We want you to make no claims. And the idea that making no claim somehow has no impact on EPR, we would fundamentally disagree with. It's very important that if we're going to be subject to EPR laws and basically spending—SP54 is a $21 billion program minimum, then we should be able to actually tell consumers we're using mass balance. The fact that we put this amount of recycled content, it is TRAC-certified to these protocols, this bill is saying the opposite. It's actually saying you're allowed to do that, but you can't tell anyone. I mean, I don't understand how it's a transparency law. It seems to be the reverse of that. If we want to have a discussion about if you're going to use mass balance, we want to know what protocols you use, and you should be able to tell consumers that you did that. Why isn't that what we're proposing here? This is basically saying don't tell anyone you can use it, but you can still use it for EPR compliance. That seems contrary to transparency in our view. Thank you very much.
Mr. Sabur, you have a quick one?
I have a quick question. It sounds to me, I mean, I have a lot of confidence in the bill sponsors in terms of wanting to make sure that EPR programs and recycling programs work. And I just wanted to, it sounds like you're willing to continue to work with some of these folks on, because it sounds to me like there's just a disconnect in terms of what's intended and what I think some of the folks in the regulated community think is going to happen with this. So I assume you're willing to continue working with them.
I always am happy to work with the opposition. Thank you.
Ms. Berner, would you like to close?
I respectfully ask for an aye vote. I want to thank the author for working with the committee and taking these amendments, which we crafted intentionally to clarify that this bill protects important and useful tools used to calculate real recycling while ensuring that deceptive accounting gimmicks cannot be used. And I know you had some concerns taking an amendment that speaks directly to the chief concerns of the opposition because you felt like they would come to committee and say that you had done nothing despite taking these amendments And I can imagine why you would feel that way But I want to thank you for taking that amendment nonetheless and for working with this committee in good faith
This bill has a due pass recommendation. Madam Secretary, can we call the roll? We have a motion by Mr. Schultz in a second, by Mr. Calra. Motion is due pass as amended to appropriations.
Brian? Aye. Brian, aye. Ellis? No.
Ella Snow, Alanis, Berger, Aye. Berger, Aye. Connelly, Aye. Connelly, Aye. Garcia, Haney, Hoover, Calra, Aye. Calra, Aye.
Macedo, Pellerin, Aye. Pellerin, Aye. Schultz, Aye. Schultz, Aye.
Wicks, Zuber, Aye.
Zuber, Aye.
We'll leave it on call for absent members. Ms. Wilson, come on down. Whenever you're ready. Thank you for your patience.
I just wrapped up Transportation Committee. So good afternoon, Mr. Chair and members. I'm pleased to present AB 2184, a bill that would appropriate $400 million from the Greenhouse Gas Reduction Fund to achieve nature-based targets on natural working and urban lands. In 2022, AB 1757 set numeric goals for California's land to contribute as much as possible to achieving carbon neutrality by 2045. 81 targets are set across agriculture lands, forests, wetlands, urban areas, and beyond, mobilizing millions of acres to absorb and store more carbon. The conservation and restoration of lands across the state will not only reduce climate pollution, but will also provide the increasingly necessary adaptation benefits to safeguard California's communities and ecosystems from climate extremes, such as wildfire risk reduction, increased water retention, enhanced soil health, flood protection, and more. Additionally, nature-based programs like the Healthy Soys Program helps farmers and ranchers adopt climate-smart practices that store more carbon, boost yields, and support local economies across the state. However, there is a significant gap in dedicated funding to achieve these targets. While nature-based climate solutions can help deliver climate resilience, they remain the only priority area included in the CAP and INVIS program that does not currently receive continuous appropriation, which creates tremendous uncertainty. AB 2184 is not a one-time investment. It is a long-term commitment to climate, community, and economic health. Sustained funding will allow California to scale up proven nature-based solutions, create green and agricultural jobs, and deliver real benefits to those who need them the most. Failing to invest in nature-based climate solutions now will worsen the crisis, driving costs for Californians. Fires, floods, sea level rise, extreme heat, all of which further strain housing and insurance systems. With that, I would like to introduce my two witnesses, Bill Eisenstein with River Partners,
and Brian Shoby with the California Climate and Agricultural Network Thank you I am Bill Eisenstein I the Director of Planning with River Partners one of the co-sponsors of this bill. River Partners is a 27-year-old nonprofit that builds one of the most effective and impactful nature-based solutions to climate change, which is restoration of floodplains and forests along California's rivers. As the vegetation that we plant in those projects grows, it stores carbon, And it does so quickly as trees and woody vegetation grow very rapidly in wet conditions next to rivers. That carbon then stays locked away for decades in vegetation and the soil and helps California meet its climate objectives. Assembly Bill 1757 of 2022, not the 1757 you heard about earlier, co-authored by Speaker Rivas and former Assemblymember Christina Garcia, directed the Natural Resources Agency to set targets for how much acreage of various land types we need storing carbon in this way to meet the state's carbon neutrality objectives. The acreage numbers are quite large, hundreds of thousands of acres collectively, and we only have 20 years left to do this. CNRA and the Air Resources Board have both been clear that we cannot meet our 2045 carbon neutrality goals without natural and working lands and nature-based solutions playing their part. The beauty of these solutions, nature-based solutions, is that there are so many other benefits beyond the climate benefits, affordability, health, and quality of life. As one example, River Partners has restored several floodplains around the confluence of the Tuolumne and San Joaquin Rivers in Stanislaus County, happens to be in Assemblymember Alanis' district, what is now known as Dos Rios State Park, as well as a project next to the small farmworker town of Grayson, just across the San Joaquin River. There are trees and vegetation growing and sequestering carbon in these projects right now, but at the same time as they're doing that, they are also reducing risk and costs from flooding. In fact, folks in Grayson credited in the media the restored floodplain project near their town as saving their town from flooding in the spring of 2023 when the San Joaquin River was high. These projects are creating recreational space for communities. Dos Rios is California's newest state park. They are providing habitat for endangered species. They are providing groundwater recharge. When rivers have room to spread out over these floodplains and slow down, they also sink into the ground more. They're providing air and water quality improvements. Trees and vegetation reduce dust, extreme heat, and polluted runoff. And they're providing space for tribal cultural practices. We have a native use garden at Dos Rios for plants important to native Californians for basket weaving and other important cultural practices. So I just named six major co-benefits that come along with the climate benefits of nature-based solutions. And it's not just floodplain restoration that does this. All kinds of nature-based solutions do this. When we do a green schoolyard or an organization does a green schoolyard, California not only gets the climate benefits, they also get increased recreational space, reduction of extreme heat, and educational resources. So nature-based solutions are in every county and district in California. They're not just for certain areas or certain types of communities. This is the climate solution that truly improves the entire landscape of California and can make critically important investments into every county and district over the next 20 years. So we respectfully ask for your aye vote. Thank you.
Great. Thank you, Assemblymember Wilson. And hello, Assemblymembers.
My name is Brian Shoban. I'm with the California Climate and Agriculture Network. We a network of farmers ranchers and scientists who work to advance agricultural climate solutions through state and federal policies For years farmers and ranchers in the state have been facing rising input costs and on top of that they facing now regular billion losses in the ag economy from climate disasters. That's contributing to the loss of an average of 1,500 family farms in the state and increasing the price of food for everyone. These costs will continue to increase until the state and the world achieve carbon neutrality. The state has established a number of targets to reduce agriculture's 8% of statewide emissions, and at the same time, state agencies are implementing necessary but disruptive groundwater and water quality regulations. Achieving those targets and complying with those regulations will require widespread upgrades to agricultural infrastructure and practices that are unlikely to occur without additional state support and investments in multi-benefit voluntary solutions. Thankfully, the state has established a number of programs to advance those solutions, including the Alternative Manure Management Program, the State Water Efficiency and Enhancement Program, and the Healthy Soils Program. I want to note that all of these programs rank in the top 20% of GGRF programs in terms of cost effectiveness, and they have a multitude of other benefits, including air and water quality, biodiversity, and economic resilience. Despite these benefits, funding for these programs have suffered from boom and bust funding cycles. And AB 2184 attempts to address this challenge by setting aside $150 million annually to support farmers and ranchers in voluntarily adopting these solutions and $250 million annually to support land stewards across the state in restoring healthy watersheds, which are critical to our water supply and critical to increasing our resilience to wildfires, heat waves, and floods. I'll close by noting that combined, this bill is calling for less than 10% of average GGRF revenue. We know there are many competing priorities for GGRF, but hope we can all agree that protecting our food and water supply and committing some level of investment to natural and working lands is a key part of our climate strategy. Thank you.
Okay, thank you. Do we have anyone in support in the hearing room?
Good afternoon. Aaron Martinez on behalf of the Conservation Fund, California Habitat Conservation Planning Coalition, and California State First Foundation in support. Thank you. Thank you, Chair and members. Jake Schultz on behalf of Compost Coalition, the Land Trust of Santa Cruz County, and Save the Redwoods League in support. Thank you. Good afternoon. Lizzie Guansona here on behalf of the office of Cat Taylor at Tom Cat Ranch in support. Thank you. Hi, Michael Chen on behalf of Audubon California in support. Good afternoon. Chelsea Gazzillo on behalf of American Farmland Trust, and we support the $150 million for sustainable ag. Thank you. Jim Lindberg on behalf of the Friends Committee on Legislation of California in support. Good afternoon. Steve Frisch on behalf of Sierra Business Council and the Sierra Consortium in support. Good afternoon. Allison Hilliard with the Climate Center in support. Also on behalf of California Certified Organic Farmers in support, Wild Coast in support, Pesticide Action and Agroecology. Network, Santa Cruz Climate Action Network, and families advocating for chemical and toxic safeties, all in support. Thank you so much. Hello, Brittany Friedman with Climate Action California in support. Good afternoon, Kayla Robinson with Californians Against Waste in support. Thank you. Mark Fenstermaker for the Santa Clara Valley Open. and Space Authority and the Wildlands Conservancy in support. Good afternoon, Jason Bryant on behalf of the California Cattlemen's Association and Western United Dairies. We're in support.
Do we have anyone here in opposition? Nobody in opposition? Okay. You want to bring it back to the members? Yes. Assemblymember Macedo.
Thank you to the author for bringing this forward. And I appreciate your effort to recognize that agriculture has to be a part of serious conversation about resilience and the stewardship in California. But from my perspective, and I believe many farmers and ranchers, I cannot support the bill as it's written today. Programs that allow our farmers to survive California's regulatory burdens and compete in the world market like Farmer, Safer, FPIP, alternatives to ag burning, dairy digester projects, and others were left out of the cap and invest reauthorization last year. While this is a good effort, I am not comfortable closing the book on GGRF funding for agriculture at this level. If the legislature is going to make a long-term commitment of GGRF dollars, then agriculture should not be treated as an afterthought or a capped category. The Central Valley feeds this state, this country, and the world. Our producers need a larger and more flexible and more realistic share of these funds. I want to be supportive, and I'm willing to get to an aye vote if we can get more of the programs that I mentioned previously in the final version of this bill. Thank you.
Thank you. Anyone else? Would you like to close?
Well, thank you for the comments from my colleague in regard to agriculture, something to strongly consider as my district is, you know, the economic engine for my district is ag, which is why a lot of the work that I've done since being here relates to that, which is why I fought in the climate bond for a sustainable ag portion, which is why, you know, I'm carrying this bill, because I recognize the contributions of the ag community, not just as a resident of Solano County, but also as a daughter of the Central Valley and grew up, you know, dropping grapes on paper bags to make raisins. And so ag is near and dear to my heart. With that, I respectfully ask for an aye vote.
Okay. We have a motion in a second. Madam Secretary, do you call roll? Motion is due pass to appropriations.
Brian? Aye. Brian, aye.
Ellis? No. Ellis, no. Alanis, Berger, Connolly. Aye. Connolly, aye. Garcia, Haney, Hoover. Not voting.
Hoover, not voting. Calra.
Aye.
Calra, aye. Macedo.
No.
Macedo, no. Pellerin.
Aye.
Pellerin, aye. Schultz.
Aye.
Schultz, aye. Wicks. Zuber.
Aye.
Zuber, aye. We'll leave it open for absent members. Thank you. Orange County's finest, Senator Pecci Norris.
Good afternoon, Mr. Chair. Thank you for the intro. I am pleased to join you all today to present AB 2513, which will modernize California's regional forest and fire capacity program As we all know California wildfire crisis is intensifying Over the last decade we have seen some of the most destructive fires in state history burn millions of acres and destroy homes and businesses in every corner of the state. And in the same way that the wildfire crisis is a statewide crisis, we also need to ensure that our wildfire mitigation strategy addresses the challenges confronting every corner of the state of California. In current law, wildfire mitigation activities that are defined in statute remain too narrow. They focus exclusively on forest health and forest management, even though shrubland and chaparral ecosystems also demonstrate large wildfire risk. The result is a misalignment between risk and resources. So without changes to this approach, California will continue to underinvest in protecting entire regions that are on the front lines of the wildfire crisis and the habitats that so many of us represent. So our approach with this bill and our goal with this bill is to update outdated definitions and supercharge existing wildfire prevention programs. So AB 2513 will modernize state definitions of wildfire prevention and forest health to explicitly include chaparral and shrubland ecosystems, which aligns policy with science and on-the-ground risk. The bill also builds on the success of the regional forest and fire capacity program by unlocking regional landscape-scale funding opportunities for the Department of Conservation, the Wildlife Conservation Board, and CAL FIRE. AB 2513 ensures that California's wildfire strategy is equitable, science-based, and responsive to all landscapes. Pleased to be joined today by Mark Fenstermaker, who is joining us on behalf of Irvine Ranch Conservancy, and Steve Frisch with the Sierra Business Council.
Thank you. Two minutes each.
All right. Thank you, Mr. Chair. Mark Fenstermaker here for the Irvine Ranch Conservancy, proud sponsor of AB 2513. Since 2018, the state's main approach to funding wildfire mitigation projects has really come through two greenhouse gas reduction funded programs, both of which rely on strategies improving forest health and reducing forest fuels. And this approach has worked pretty well in our northern forested parts of the state, but it does not account for the fact that a lot of areas of Southern California has wildfires but doesn't have forests. And our fire science has shown and our regional planning has made clear that reducing wildfires on our chaparral and shrubland landscapes require different approaches. But our statutes that direct CAL FIRE to implement these main funding streams have not kept up and in a lot of ways prohibits CAL FIRE from funding these types of projects. CAL FIRE has really been great to work with, but in a lot of ways, their hands are tied. So AB 2513 seeks to give CAL FIRE some more tools in their proverbial toolbox. It would incorporate chaparral and shrub lands into the landscapes that they can fund projects on. It would also allow them to fund ignition reduction projects. And when we talk about ignition reduction, we're not saying we're going to run around all of Southern California trying to stop every cigarette butt being flicked out of a car window or every chain hanging off a trailer. we're talking about trying to ensure that the vegetation along our roadsides is not flashy, it's not flammable, the way that a lot of our native vegetation, or in some cases, hardscapes would prevent that cigarette butt from igniting the landscape and really starting a wildfire And this has really been noticed by the U Forest Service recently They talked about the fact that in Southern California, the best fire is one that never starts. So for these reasons, we are really pleased to support AB 2513. Thank Assembly Member Petra Norris for leadership on on this bill and respectfully ask for your aye vote. Perfect. Good afternoon, Chair and members. My name is Steve Frisch. I'm the president of the Sierra Business Council. We're based in the Sierra, Nevada, but we do work on wildfire resilience all across the state of California, and I'm proud to be here today to support my Southern California colleagues in their need for passage of AB 2513. So Sierra Business Council strongly supports the California Wildfire Resilience and Forest Management Task Force effort to develop an action plan, which establishes the statewide wildfire mitigation strategy and is a product of the best available science and very, very strong public participation from across the state. That strategy has been built on the foundation of the regional strategies developed by the Regional Forest and Fire Capacity Grant Program, administered by the Department of Conservation, and their collaborative processes that have been a ground-up, locally driven mitigation strategy for the state. The task force and DOC, which administer the RFFCP, have the capacity to track performance metrics and ensure accountability. This bill represents the best way to advance the strategies of the RFFCP collaboratives and to implement a broader range of activities in both forested and chaparral landscapes, including an appropriate mix of home and community protection, ignition reduction, landscape and community level vegetation management that fits the unique ecosystems of the state. The bill also represents an opportunity to increase the pace and scale of activities at the regional level by authorizing the Department of Conservation to directly award regional landscape grants to regional entities to implement the above nature-based solution strategies. In California, we've built a system for planning across multiple agencies and entities. For example, CAL FIRE, Caltrans, the Department of Conservation, tribal partners, public health officials, local fire districts, working together to develop these local strategies. We've developed strategies that we know will work and will work best based on the best available science and will work in both forested and chaparral landscapes. We know that we need to increase the pace and scale to achieve about 2.5 million acres per year of landscape and community treatment by 2045. What we need now is the tools to actually implement these strategies that have been developed by the regional collaboratives across the state. For that reason, we respectfully ask for your aye vote on AB 2513.
Thank you, sir. Are there any persons in the hearing room in support of this measure?
Good evening. Brandon Knapp on behalf of Permitter Solutions and Aurora Tech in strong support. Thank you. Nicole Wardleman on behalf of the Orange County Board of Supervisors in support. John Moffitt on behalf of the Orange County Fire Authority in support. Jake Schultz on behalf of Save the Redwoods League in support. Thank you. Jordan Wells on behalf of the California State Association of Counties in support. Thank you. Melissa Sparks Kranz with the League of California Cities in support Thank you so much Any persons here in opposition to this measure Is there no one who dares speak in opposition to Assemblymember Petri Norris
We will now turn it back to members on the dais. Any questions, comments, concerns? We have a motion by Mr. Schultz, a second by Ms. Pellerin, a third by Mr. Zabir. Would you like to close?
Thank you, Mr. Chair and members. Respectfully ask for your aye vote.
Absolutely. This bill has a do pass recommendation from the chair. Madam Secretary, can we call the roll? The motion is do pass to Water Parks and Wildlife Committee. Brian?
Aye.
Brian, aye. Ellis?
Aye.
Ellis, aye. Alanis?
Aye.
Alanis, aye. Berner? Connelly?
Aye.
Connelly, aye. Garcia?
Haney?
Hoover?
Aye.
Hoover, aye. Calra?
Aye.
Calra, aye. Macedo?
Aye.
Macedo, aye. Pellerin?
Aye.
Pellerin, aye. Schultz?
Aye.
Schultz, aye. Wicks? Aye.
Wicks, aye. Zipper?
Aye. Zipper, aye. That bill is out, but we'll leave it open for absent members. If you are a member of the Natural Resource Committee and you would like to join us, we are on our final bill. Again, if you are a member of the Assembly Natural Resource Committee and you would like to join us, we are on our final bill. Okay, now we're going to have some fun. Move the bill. Your bill? Assembly member Brian's going to present. I don't know. Here we go. I wish I would kill this bill. I can take care of that later. Yes, yes, yes. Misses the whole committee and then comes and dumps on me. Come on. Assembly member.
Thank you, Mr. Chair and colleagues. The Inglewood oil field covers more than 1,500 acres of active oil drilling in predominantly black and brown communities in Los Angeles. In fact, it is the largest urban oil field in the country. and it sits in my district. The harms of the residents living nearby are measurable. CalGym's public health rulemaking report finds that people living closer to upstream oil and gas operations face a greater risk of reduced lung function and adverse prenatal outcomes than those who live further away. People also have lower life expectancies and higher rates of heart conditions. That's why two years ago we passed legislation to close down this oil field by 2030. We also passed legislation to require that the oil company that has been extracting from our community for decades pay into an equitable community repair fund. It's hard to imagine all the kids who have played soccer in Kennehan Park just across from that field, slightly unable to breathe. This is something that many folks in the community never thought was possible. The equitable community repair and reinvestment account is going to hold approximately $20 million a year until that field is closed. What this bill does, AB 1661, is require that the first $5 million that gets deposited into that account go out as direct cash payments to families who have been impacted by the adverse impacts of neighborhood oil drilling. That is all this bill does and make sure that the communities that have been most impacted by the harms of this drilling in our neighborhoods for our entire lifetimes are the ones who benefit directly from the state's equitable community repair and reinvestment account. Joining me to testify are Tanya Borja, representing SCOPE, and Tiana Shaw-Wakeman, representing Black Women for Wellness.
Good afternoon, Chair and members. My name is Tanya Borja, and I serve as the Environmental Justice Policy Associate at Strategic Concepts in Organizing and Policy Education, also known as SCOPE. I'm here today to offer testimony and strong support of AB 1661, which would create a cash-assisted program for residents living within 2.5 miles of the Inglewood oil field who are experiencing respiratory harm. Our organization would like to thank Assemblymember Brian for his leadership on this critical proposal and for the opportunity to serve as proud co-sponsors of this measure. For over 30 years, SCOPE has organized alongside Black and Brown communities in South Los Angeles who are directly impacted by the largest urban oil field in the county. Langloid Oilfield spans more than 1,000 acres of active oil drilling in predominantly Black and Brown neighborhoods. Through our organizing, we have spoken directly with thousands of residents, and what we hear is consistent concerns about health, especially respiratory issues. We hear a deep concern for children, especially those attending schools like Windsor Hills Elementary, located within half a mile of active oil drilling operations. A scope member, Aretha, has lived with asthma her entire life. She's not a smoker. She takes care of her health. She's active in our community, and yet she continues to experience asthma attacks, as many of her siblings also have. She has shared with us her experience of her brother, who also had asthma and died after experiencing an asthma attack while living unhoused, reflecting the cumulative impacts that many families in South Los Angeles are already living with. I grew up in South Los Angeles and have lived with asthma for over 30 years. I've experienced inhalers, medications that make your heart race, the emergency room visits, the panic of not being able to breathe, and even being intubated. For many of us, the cost of living or working near the ingloid oil field shows up in our bodies in missed schools and work. We are hearing from community members it's not just lived experience but confirmed by research and data. Research led by Dr. Jill Johnson has found worse respiratory health for those living near oil development and CalGEM has found increased risk of reduced lung function and adverse birth effects. AB 1661 takes a critical step towards repair by providing direct cash assistance, making polluters pay for the harm that they have caused. This bill is about accountability. It's about repair, health reparations, and ensures that those communities most impacted are not left to carry those costs alone. We respectfully ask for your aye vote. Thank you. Good afternoon. My name is Tiana and I serve as the Environmental Justice Program Director with Black Women for Wellness. I live and work in South Los Angeles and I I'm here today in strong support of AB 1661's aim to create a direct cash assistance program for residents impacted by the Inglewood oil field. My organization has a 29-year track record of supporting black women and girls, and we represent and uplift the lived experiences of frontline residents impacted by this largest urban oil field in the entire nation, the Inglewood oil field, or IOF. This field includes sprawling uncovered active oil drilling operations and is located in predominantly communities of color To be specific BWW and SCOPE have outreached to over 30 households and spoken to over 5 residents who overwhelmingly report concern for their health with respiratory and reproductive concerns noted frequently and concern for their air water and soil quality the basic components of any neighborhood This harm is backed up by California's own oil and gas regulatory agency, CalGEM, and many academic researchers, including Dr. Jill Johnston. Also, according to CalEnviroScreen, some of the communities surrounding the field are in the 89th to 91th percentile for PM2.5 exposure, which is a major cause of respiratory health impacts. In addition, the L.A. County Department of Public Health released a report on asthma this past October and found that black children have the highest rate at 9.5 percent and that children living in neighborhoods with the highest levels of air pollution experience the most severe asthma symptoms. Assembly members, none of us here technically pays a monthly air fee, not in the same way we pay our utility bills for water and energy or we pay to occupy the soil under our feet in terms of rent or mortgage if we're lucky enough to be housed. But black communities near the IOF, by contrast, are paying for the dirty air they are breathing, which is a direct result of Sentinel Peak Resources toxic operations. They are paying with their decreased lung capacity, with their lost school time, with their pocketbooks for inhalers or air filters. Our community is already paying. Therefore, AB 1661's plan to use funds from the Equitable Community Repair and Reinvestment Account for direct cash assistance to residents who are already paying for the health harm they are incurring is deeply important. Please vote in support of AB 1661. Thank you for your time today.
Do we have any persons in the room in support?
Good afternoon. Raquel Mesa with the California Environmental Justice Alliance in strong support. Thank you. Good afternoon, Christina Skaringer at the Center for Biological Diversity and Support. Good afternoon, Stephanie Cartney with 16 different organizations in support. So Physicians for Social Responsibility Los Angeles, Redeemer Community Partnership, Access Reproductive Justice, Asian Pacific Islander Forward Movement, Valley Improvement Projects, Esperanza Community Housing, Sierra Club, 350 Southland Legislative Alliance, 350 South Bay, Los Angeles, Protect Playa Now, 350 Bay Area Action, Sierra Club Clean Break, Long Beach Alliance for Clean Energy, Greenpeace USA, Consumer Watchdog, and all things Bayview. Thank you.
Good afternoon, committee.
Marcus McKinney, Executive Director of Scope LA, proud co-sponsors of AB 1661. Appreciate Mr. Bryan for his leadership.
Okay. Do we have any persons in opposition? Hearing none, we'll come back to the members. Mr. Assembly of Zuber.
Mr. Chair, I'd be honored to be at it as a co-author if you'd allow that.
Thank you. Anyone else? Motion, second?
I motion a second.
Okay. All right. Would you like to call roll? I do.
Oh, you want to close?
My bad. No, that's okay. Thank you, Mr. Former Vice Chair.
This I think for everybody growing up in South LA the idea that the Inglewood oil field would ever close down was almost like a dream You just accepted it as part of our reality 700 active wells each drawing a barrel a day a barrel and a half a day not lowering our gas prices but lowering our life expectancies I was very proud two years ago to write the legislation that called for it to be shut down by 2030 and that established the equitable community repair and reinvestment account in the state treasury. This is a polluter pay model. This is where the communities that have been directly impacted by the harm of this neighborhood oil drilling will benefit from the investments. This is the opportunity for people who have struggled to breathe clean air and walk open green spaces to be seen and recognized and affirmed. This is environmental reparations. It also has no fiscal impact on our state's current budget crisis because this account was designed to be appropriated within two and a half miles of that oil field. And in talking with community members, the neighborhood has told me that one of the best ways we could use these resources is to start by putting direct cash assistance into the pockets of struggling families who have been impacted by neighborhood oil drilling. I respectfully ask for your aye vote.
Okay. Madam Secretary, you want to call roll? Motion is due pass to appropriations.
Brian?
Aye. Brian, aye.
Ellis?
Not voting. Ellis, not voting.
Alanis?
Not voting. Alanis, not voting. I still love you.
Aye.
Berner, aye. Connelly?
Aye.
Connelly, aye.
Garcia?
Aye. Garcia, aye. Haney?
Aye.
Haney, aye.
Hoover?
Not voting. Hoover, not voting. Calra?
Aye.
Calra, aye. Macedo?
No.
Macedo, no. Pellerin.
Pellerin.
Aye. Pellerin, aye. Schultz.
Aye.
Schultz, aye. Wicks.
Aye.
Wicks, aye. Zipper.
Zipper, aye.
All right. Come on, Mr. Chair. Yeah, you do. And that bill is out? Oh, that is the only bill that had every member voting on it. Thank you all for that. We're now going to lift the call on the previous bills. I'm starting with item two, AB 1704. Assembly member Gonzalez, the motion is due pass as amended to appropriations. Berner?
Aye.
Berner, aye. Calra?
Schultz?
Aye.
Schultz, aye.
That has 11 votes. It is out. AB 1757 Gallagher, motion is due pass to appropriations. Chair voting no. Haney? I'm not voting.
Haney not voting. Hoover?
Aye.
Hoover, aye. Masito?
No. Wait, sorry. Yes, aye. Masito, aye. Schultz?
I'm going to try this out. No.
Schultz, no. Wicks? No.
Wicks, no. That measure fails.
Feels good. That measure fails. AB 1960 Bennett motion is do pass as amended to emergency management committee chair voting aye Alanis Yes Alanis I burner 1960 yes, Bennett. Yes. I
Berger I
Schultz
Schultz I wicks I wicks I that has 14 votes it is out
AB 2184 Wilson motion is do pass to appropriations chair voting. I Alanis Aye. Alanise, aye. Berner? Aye. Berner, aye. Garcia? Aye. Garcia, aye. Haney? Aye. Haney, aye. Masito? No. Masito, no. Oh, yeah, you did vote no. And Wicks? Aye. Wicks, aye. That bill is out. AB 2253, Berner, motion is do pass as amended to appropriations. Chair voting Aye. Alanis? No. Alanis, no. Garcia? Aye. Garcia, aye. Haney? Aye. Haney, aye. Hoover? No. Hoover, no. Masito? No. Masito, no. Wix? Yes. Aye. Wix, aye. That bill is out. AB 2254 Addis. Motion is due pass as amended to water parks and wildlife. Chair voting aye. Alanis? No. Alanis no. Garcia? Aye. Garcia aye. Haney? Aye. Haney aye. Hoover? Aye. Hoover not voting. Macedo? No. Macedo no. Wicks? Aye. Wicks aye. That bill is out. AB 2349, Solache. Motion is due. Passed to appropriations. Chair voting aye. Alanis? Aye. Alanis aye. Berner? Which bill? AB 2349, Solache? Solache, aye. Berner, aye. Schultz? Aye. Schultz, aye. That bill is out. AB 2513, Petrie Norris. Motion is due passed to Water, Parks, and Wildlife Committee. Chair voting aye. Berner? Aye. Berner, aye. Garcia? Aye. Garcia, aye. Haney? Aye. Haney, aye. That bill is out. AB 2559, Ward. Motion is due passed as amended to appropriations. Chair voting aye. Alanis? Aye. Alanis, aye. Berner? Aye. Berner, aye. Haney? Aye. Haney, aye. Schultz? Aye. Schultz, aye. That bill is out. ACR 149, Hart. The motion is that the measure be adopted. Chair voting aye. Alanis? Not voting. Not voting. Berner? Aye. Berner, aye. Schultz? Aye. Schultz, aye. Wix? Aye. Wix, aye. That bill is out. Consent calendar, AB 2234 and AB 2517. Alanis?
Aye.
Alanis, aye. Berner?
Aye.
Consent. Consent. All, aye. Berner, aye. Haney?
Aye.
Haney, aye. Schultz?
Aye.
Schultz, aye. That's it. That concludes today's Natural Resource Committee hearing. Thank you. Thank you for being here. Thank you. Thank you.