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SB-49 California Environmental, Public Health, and Workers Defense Act of 2017.(2017-2018)



SECTION 1.

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

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

DIVISION 1. General Provision

120000.
 This title shall be known, and may be cited, as the California Environmental, Public Health, and Workers Defense Act of 2017.

DIVISION 2. Environment, Natural Resources, and Public Health

CHAPTER  1. Findings and Declarations
120010.
 The Legislature finds and declares all of the following:
(a) For over four decades, California and its residents have relied on federal laws, including the federal Clean Air Act (42 U.S.C. Sec. 7401 et seq.), the Federal Water Pollution Control Act (Clean Water Act) (33 U.S.C. Sec. 1251 et seq.), the federal Safe Drinking Water Act (42 U.S.C. Sec. 300f et seq.), and the federal Endangered Species Act of 1973 (16 U.S.C. Sec. 1531 et seq.), along with their implementing regulations and remedies, to protect our state’s public health, environment, and natural resources.
(b) These federal laws establish standards that serve as the baseline level of public health and environmental protection, while expressly authorizing states like California to adopt more protective measures.
(c) Beginning in 2017, a new presidential administration and United States Congress have signaled a series of direct challenges to these federal laws and the protections they provide, as well as to the underlying science that makes these protections necessary, and to the rights of the states to protect their own environment, natural resources, and public health as they see fit.
(d) It is therefore necessary for the Legislature to enact legislation that will ensure continued protections for the environment, natural resources, and public health in the state even if the federal laws specified in subdivision (a) are undermined, amended, or repealed.
120011.
 The purposes of this division are to do all of the following:
(a) Retain protections afforded under the federal laws specified in subdivision (a) of Section 120010 and regulations implementing those federal laws in existence as of January 19, 2017, regardless of actions taken at the federal level.
(b) Protect public health and welfare from any actual or potential adverse effect that reasonably may be anticipated to occur from pollution, including the effects of climate change.
(c) Preserve, protect, and enhance the environment and natural resources in California, including, but not limited to, the state’s national parks, national wilderness areas, national monuments, national seashores, and other areas with special national or regional natural, recreational, scenic, or historic value.
(d) Ensure that economic growth will occur in a manner consistent with the protection of public health and the environment and preservation of existing natural resources.
(e) Ensure that any decision made by a public agency that may adversely impact public health, the environment, or natural resources is made only after careful evaluation of all the consequences of that decision and after adequate procedural opportunities for informed public participation in the decisionmaking process.
CHAPTER  2. General Provisions
120030.
 (a) A state agency may adopt standards or requirements pursuant to this title, including, but not limited to, by emergency regulations in accordance with Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2.
(b) The adoption of emergency regulations in furtherance of this title shall be deemed an emergency and necessary for the immediate preservation of the public peace, health, and safety, or general welfare.
(c) Notwithstanding Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2, emergency regulations adopted by a state agency under this title shall not be subject to review by the Office of Administrative Law and shall remain in effect until revised or repealed by the state agency, or January 20, 2021, whichever comes first.
CHAPTER  3. Operative Provisions
Article  1. Air
120040.
 The Legislature finds and declares both of the following:
(a) The California Global Warming Solutions Act of 2006 (Division 25.5 (commencing with Section 38500) of the Health and Safety Code) and Division 26 (commencing with Section 39000) of the Health and Safety Code are the state analogue to the federal Clean Air Act (42 U.S.C. Sec. 7401 et seq.).
(b) The State Air Resources Board, air quality management districts, and air pollution control districts in California formulate and adopt the state implementation plans for California under the federal Clean Air Act as well as regional and local air quality regulations, and issue permits governing the emission of certain substances, including greenhouse gases, into the air.
120041.
 For purposes of this article, “baseline federal standards” means federal laws or federal regulations implementing the federal Clean Air Act (42 U.S.C. Sec. 7401 et seq.) in effect as of January 19, 2017.
120042.
 Except as otherwise authorized by state law, all of the following apply:
(a) To ensure no backsliding as a result of any change in the federal Clean Air Act (42 U.S.C. Sec. 7401 et seq.) or its implementing regulations, the State Air Resources Board shall regularly assess proposed and final changes to federal statutes and regulations that threaten to weaken existing environmental or public health standards related to matters under the State Air Resources Board’s jurisdiction or the jurisdiction of the regional or local air quality management boards as of January 19, 2017. As part of its regular assessment, the State Air Resources Board shall provide an opportunity for public input.
(b) If the State Air Resources Board determines that a change identified under subdivision (a) reasonably could result in a negative impact to the environment or public health or welfare in California, it shall take appropriate action to maintain protections at least as stringent as baseline federal standards, as determined by the State Air Resources Board, to protect California’s environment. These measures shall be adopted expeditiously. Nothing herein prohibits the State Air Resources Board from establishing rules and regulations for California that are more stringent than the baseline federal standards.
(c) The State Air Resources Board may adopt the measures under subdivision (b) using either of the following procedures:
(1) As an emergency regulation in accordance with Section 120030.
(2) By promulgation or amendment of a state policy, plan, or regulation.
(d) Notwithstanding any other law, the State Air Resources Board, when adopting a measure under paragraph (2) of subdivision (c) may adopt those measures in accordance with Section 100 of Title 1 of the California Code of Regulations and the measures shall be deemed to be a change without regulatory effect pursuant to paragraph (6) of subdivision (a) of that section and not subject to additional notice, procedural, or other considerations contained in state analogue statutes identified in this article. Nothing in this chapter shall affect the imposition of sanctions under the federal Clean Air Act (42 U.S.C. Sec. 7401 et seq.).
Article  2. Water
120050.
 The Legislature finds and declares all of the following:
(a) The Porter-Cologne Water Quality Control Act (Division 7 (commencing with Section 13000) of the Water Code) is the state analogue to the Federal Water Pollution Control Act (33 U.S.C. Sec. 1251 et seq.), otherwise known as the federal Clean Water Act.
(b) The California Safe Drinking Water Act (Chapter 4 (commencing with Section 116270) of Part 12 of Division 103 of the Health and Safety Code) is the state analogue to the federal Safe Drinking Water Act (42 U.S.C. Sec. 300f et seq.).
(c) The State Water Resources Control Board administers water rights and, together with the regional water quality control boards, implements the federal Clean Water Act and the Porter-Cologne Water Quality Control Act to preserve, protect, enhance, and restore water quality by setting statewide policy, formulating and adopting water quality control plans, setting standards, issuing permits and waste discharge requirements, determining compliance with those permits and waste discharge requirements, and taking appropriate enforcement actions.
(d) The State Water Resources Control Board regulates public drinking water systems pursuant to the federal Safe Drinking Water Act and the California Safe Drinking Water Act to ensure the delivery of safe drinking water to Californians.
120051.
 For purposes of this article, “baseline federal standards” means federal laws or federal regulations implementing the federal Safe Drinking Water Act (42 U.S.C. Sec. 300f et seq.) and the Federal Water Pollution Control Act (33 U.S.C. Sec. 1251 et seq.) in effect as of January 19, 2017, including water quality standards, effluent limitations, and drinking water standards.
120052.
 Except as otherwise authorized by state law, all of the following apply:
(a) To ensure no backsliding as a result of any change in the Federal Water Pollution Control Act (33 U.S.C. Sec. 1251 et seq.), the federal Safe Drinking Water Act (42 U.S.C. Sec. 300f et seq.), or their implementing regulations, the State Water Resources Control Board shall regularly assess proposed and final changes to federal statutes and regulations that threaten to weaken existing environmental or public health standards and requirements related to matters under the State Water Resources Control Board’s jurisdiction. As part of its regular assessment, the State Water Resources Control Board shall provide an opportunity for public input.
(b) If the State Water Resources Control Board determines that a change identified under subdivision (a) reasonably could result in a negative impact to the environment or public health or welfare in California, it shall take appropriate action to maintain protections at least as stringent as baseline federal standards, as determined by the State Water Resources Control Board, to protect California’s environment. These measures shall be adopted expeditiously. Nothing herein prohibits the State Water Resources Control Board from establishing rules and regulations for California that are more stringent than the baseline federal standards.
(c) The State Water Resources Control Board may adopt the measures under subdivision (b) using either of the following procedures:
(1) As an emergency regulation in accordance with Section 120030.
(2) By promulgation or amendment of a state policy for water quality control, a water quality control plan, or regulation.
(d) Notwithstanding any other law, the State Water Resources Control Board, when adopting a standard or requirement under paragraph (2) of subdivision (c) may adopt those measures in accordance with Section 100 of Title 1 of the California Code of Regulations and the measures shall be deemed to be a change without regulatory effect pursuant to paragraph (6) of subdivision (a) of that section and not subject to additional notice, procedural, or other considerations contained in state analogue statutes identified in this article.
Article  3. Endangered and Threatened Species
120060.
 The Legislature finds and declares both of the following:
(a) The California Endangered Species Act (Chapter 1.5 (commencing with Section 2050) of Division 3 of the Fish and Game Code) is the state analogue to the federal Endangered Species Act of 1973 (16 U.S.C. Sec. 1531 et seq.).
(b) The California Endangered Species Act generally prohibits the taking of any species that the Fish and Game Commission determines to be endangered or threatened, unless permitted by the Fish and Game Commission pursuant to Section 2084 of the Fish and Game Code, by the Department of Fish and Wildlife pursuant to subdivision (b) of Section 2081 of the Fish and Game Code, or as otherwise authorized by the Fish and Game Code. The Fish and Game Commission and the Department of Fish and Wildlife administer the California Endangered Species Act to protect and conserve the state’s fish, wildlife, and plants.
120061.
 For purposes of this article, “baseline federal standards” means the federal Endangered Species Act of 1973 (16 U.S.C. Sec. 1531 et seq.) in effect as of January 19, 2017, its implementing regulations, and any incidental take permits, incidental take statements, or biological opinions in effect as of January 19, 2017.
120062.
 Except as otherwise authorized by state law, the following apply:
(a) To ensure no backsliding as a result of any change to the federal Endangered Species Act of 1973 (16 U.S.C. Sec. 1531 et seq.) or its implementing regulations, in the event of the federal delisting of a species that is eligible for protection under the California Endangered Species Act and which is listed as endangered or threatened pursuant to the federal Endangered Species Act of 1973 as of January 1, 2017, or a change in the legally protected status of such a species, including through a change in listing from endangered to threatened, the adoption of a rule pursuant to Section 4(d) of the federal Endangered Species Act, or any amendment to the federal Endangered Species Act of 1973 or its implementing regulations, or any exemption from the application of the federal Endangered Species Act of 1973 to a federally listed species as of January 1, 2017, the Fish and Game Commission shall determine whether to list, in accordance with subdivision (b), that species under the California Endangered Species Act pursuant to this section.
(b) The Fish and Game Commission shall list the affected species identified in subdivision (a), pursuant to subdivision (c) and without following the regular listing process set forth in Article 2 (commencing with Section 2070) of Chapter 1.5 of Division 3 of the Fish and Game Code, no later than the conclusion of its second regularly scheduled meeting or within three months, whichever is shorter, after the occurrence of the event described in subdivision (a) unless either the Fish and Game Commission determines that listing of the species is not warranted because it does not meet the criteria in Chapter 1.5 (commencing with Section 2050) of Division 3 of the Fish and Game Code or its implementing regulations or the Department of Fish and Wildlife recommends that the species undergo the regular listing process. If the Department of Fish and Wildlife makes a recommendation that the species undergo the regular listing process, the Fish and Game Commission shall either accept the recommendation, in which event the Fish and Game Commission shall be deemed to have accepted a petition for listing the species pursuant to paragraph (2) of subdivision (e) of Section 2074.2 of the Fish and Game Code, or reject the recommendation and immediately list the species pursuant to this subdivision.
(c) Notwithstanding any other law or regulation, because a decision by the Fish and Game Commission to list a species without following the regular listing process becomes effective immediately, the Fish and Game Commission shall add that species to the list of endangered or threatened species pursuant to Section 100 of Title 1 of the California Code of Regulations, and the addition of that species to the list shall be deemed to be a change without regulatory effect pursuant to paragraph (6) of subdivision (a) of that section.
(d) Upon the listing of any species under this section, the Fish and Game Commission or the Department of Fish and Wildlife may authorize the taking of such species as otherwise provided for in the Fish and Game Code. In lieu of authorizing take under the provisions of Chapter 1.5 (commencing with Section 2050) of Division 3 of the Fish and Game Code, the Fish and Game Commission or the Department of Fish and Wildlife may adopt the terms and conditions of any rule promulgated under Section 4(d) of the federal Endangered Species Act, federal incidental take statement, incidental take permit, or biological opinion in effect at the time of the event described in subdivision (a). In any case, the Department of Fish and Wildlife shall include conditions at least as stringent as required by the baseline federal standards, as determined by the Department of Fish and Wildlife. This subdivision does not prohibit the Department of Fish and Wildlife from establishing conditions that are more stringent than the baseline federal standards.
(e) Any species listed pursuant to this section shall be subject to the provisions in the California Endangered Species Act in the same manner as any other listed species, including those provisions related to a change in listing status or delisting.
(f) For those species that the Fish and Game Commission lists pursuant to subdivision (b), the California Environmental Quality Act (Division 13 (commencing with Section 21000) of the Public Resources Code) shall not apply.

DIVISION 3. Labor Standards

CHAPTER  1. Definitions
120100.
 For purposes of this division, the following definitions apply:
(a) “Federal law” means the federal Fair Labor Standards Act of 1938, as amended (29 U.S.C. Sec. 201 et seq.), the federal Occupational Safety and Health Act of 1970, as amended (29 U.S.C. Sec. 651 et seq.), the Federal Coal Mine Health and Safety Act of 1969, as amended (30 U.S.C. Sec. 801 et seq.), or regulations established pursuant to those federal statutes.
(b) “State agency” means a state agency designated by law to implement the federal law or its state analogue.
CHAPTER  2. Operative Provisions
120110.
 Except as authorized by state law, a state agency shall not amend or revise its rules or regulations in a manner that is less stringent, as determined by the state agency, in its protection of workers’ rights or worker safety than standards established pursuant to federal law in existence as of January 1, 2016.
120111.
 This division does not prohibit a state agency from establishing workers’ rights and worker safety standards for California that are more stringent, as determined by the state agency, than those provided in federal law in existence as of January 1, 2016.

DIVISION 4. Miscellaneous

120200.
 The provisions of this title are severable. If any provision of this title or its application is held invalid, that invalidity shall not affect other provisions or applications that can be given effect without the invalid provision or application.
120201.
 This section is intended to apply solely and exclusively to the enforcement of baseline federal standards, as defined in the applicable article or chapter of this division, and is limited to circumstances described in the applicable paragraph (2) of subdivisions (a) to (e), inclusive.
(a) (1) (A) In addition to the enforcement provisions provided pursuant to the California Global Warming Solutions Act of 2006 (Division 25.5 (commencing with Section 38500) of the Health and Safety Code) or Division 26 (commencing with Section 39000) of the Health and Safety Code, an action may be brought by a person in the public interest exclusively to enforce the standards or requirements adopted pursuant to Section 120042 or to impose civil penalties for a violation of those standards or requirements, if both of the following are satisfied:
(i) The private action is commenced more than 60 days from the date that the person gave notice of an alleged violation that is the subject of the private action to the Attorney General and the district attorney, city attorney, county counsel, counsel of an air district, or prosecutor in whose jurisdiction the violation is alleged to have occurred, and to the alleged violator.
(ii) Neither the Attorney General, a district attorney, a city attorney, county counsel, counsel of an air district, nor a prosecutor commenced and is diligently prosecuting an action against the violation.
(B) A person bringing an action in the public interest pursuant to subparagraph (A) shall notify the Attorney General that the action has been filed.
(C) An action in the public interest brought pursuant to subparagraph (A) shall not be available against the State Air Resources Board to the extent an action to enforce the provisions of Section 120042 is available against the State Air Resources Board pursuant to Chapter 2 (commencing with Section 1084) of Title 1 of Part 3 of the Code of Civil Procedure.
(2) Paragraph (1) is operative only if either of the following occurs:
(A) The United States Environmental Protection Agency revised the standards or requirements described in Article 1 (commencing with Section 120040) of Chapter 2 of Division 1 to be less stringent than the applicable baseline federal standards.
(B) The federal Clean Air Act (42 U.S.C. Sec. 7401 et seq.) is amended to restrict, condition, abridge, or repeal the citizen suit provision set forth in Section 7604 of Title 42 of the United States Code.
(b) (1) (A) In addition to the enforcement provisions provided pursuant to the Porter-Cologne Water Quality Control Act (Division 7 (commencing with Section 13000) of the Water Code), an action may be brought by a person in the public interest exclusively to enforce the standards or requirements adopted pursuant to Section 120052 or to impose civil penalties for a violation of those standards or requirements if both of the following are satisfied:
(i) The private action is commenced more than 60 days from the date that the person gave notice of an alleged violation that is the subject of the private action to the Attorney General and the district attorney, city attorney, county counsel, or prosecutor in whose jurisdiction the violation is alleged to have occurred, and to the alleged violator.
(ii) Neither the Attorney General, a district attorney, a city attorney, county counsel, nor a prosecutor commenced and is diligently prosecuting an action against the violation.
(B) A person bringing an action in the public interest pursuant to subparagraph (A) shall notify the Attorney General that the action has been filed.
(C) An action in the public interest brought pursuant to subparagraph (A) shall not be available against the State Water Resources Control Board to the extent an action to enforce the provisions of Section 120052 is available against the State Water Resources Control Board pursuant to Chapter 2 (commencing with Section 1084) of Title 1 of Part 3 of the Code of Civil Procedure.
(2) Paragraph (1) is operative only if either of the following occurs:
(A) The United States Environmental Protection Agency revised the standards or requirementsdescribed in Article 2 (commencing with Section 120050) of Chapter 2 of Division 1 to be less stringent than the applicable baseline federal standards.
(B) The federal Clean Water Act (33 U.S.C. Sec. 1251 et seq.) is amended to restrict, condition, abridge, or repeal the citizen suit provision set forth in Section 1365 of Title 33 of the United States Code.
(c) (1) (A) In addition to the enforcement provisions provided pursuant to the California Safe Drinking Water Act (Chapter 4 (commencing with Section 116270) of Part 12 of Division 104 of the Health and Safety Code), an action may be brought by a person in the public interest exclusively to enforce the standards or requirements adopted pursuant to Section 120052 or to impose civil penalties for a violation of those standards or requirements, if the requirements set forth in clauses (i) and (ii) of subparagraph (A) of paragraph (1) of subdivision (b) are met.
(B) A person bringing an action in the public interest pursuant to subparagraph (A) shall notify the Attorney General that the action has been filed.
(C) An action in the public interest brought pursuant to subparagraph (A) shall not be available against the State Water Resources Control Board to the extent an action to enforce the provisions of Section 120052 is available against the State Water Resources Control Board pursuant to Chapter 2 (commencing with Section 1084) of Title 1 of Part 3 of the Code of Civil Procedure.
(2) Paragraph (1) is operative only if either of the following occurs:
(A) The United States Environmental Protection Agency revised the standards or requirements described in Article 2 (commencing with Section 120050) of Chapter 2 of Division 1 to be less stringent than the applicable baseline federal standards.
(B) The federal Safe Drinking Water Act (42 U.S.C. Sec. 300f et seq.) is amended to restrict, condition, abridge, or repeal the citizen suit provision set forth in Section 300j-8 of Title 42 of the United States Code.
(d) (1) (A) In addition to the enforcement provisions provided pursuant to the California Endangered Species Act (Chapter 1.5 (commencing with Section 2050) of Division 3 of the Fish and Game Code), an action may be brought by a person in the public interest exclusively to enforce the requirements of the California Endangered Species Act for a species listed pursuant to Section 120062 or to impose civil penalties for a violation of those requirements, if the requirements set forth in clauses (i) and (ii) of subparagraph (A) of paragraph (1) of subdivision (b) are met.
(B) A person bringing an action in the public interest pursuant to subparagraph (A) shall notify the Attorney General that the action has been filed.
(C) An action in the public interest brought pursuant to subparagraph (A) shall not be available against the Department of Fish and Wildlife to the extent an action to enforce the provisions of Section 120062 is available against the Department of Fish and Wildlife pursuant to Chapter 2 (commencing with Section 1084) of Title 1 of Part 3 of the Code of Civil Procedure.
(2) Paragraph (1) is operative only if either of the following occurs:
(A) The relevant federal agency revised the standards or requirements described in Article 3 (commencing with Section 120060) of Chapter 2 of Division 1 to be less protective than the applicable federal requirements described in that article.
(B) The federal Endangered Species Act of 1973 (16 U.S.C. Sec. 1531 et seq.) is amended to restrict, condition, abridge, or repeal the citizen suit provision set forth in Section 1540 of Title 16 of the United States Code.
(e) An action or proceeding may be brought pursuant to Section 1085 or 1094.5 of the Code of Civil Procedure, as appropriate, on the grounds that a state or local agency has violated the requirements of this title.
(f) The court may award attorney’s fees pursuant to Section 1021.5 of the Code of Civil Procedure, and expert fees and court costs pursuant to Section 1032 of the Code of Civil Procedure, as appropriate, for an action brought pursuant to this section.
120202.
 (a) This title shall become inoperative on January 20, 2021, and, as of January 1, 2022, is repealed.
(b) Notwithstanding subdivision (a), any action brought pursuant to this title on or before January 20, 2021, may proceed to a final judgment.
SEC. 2.
 No reimbursement is required by this act pursuant to Section 6 of Article XIII B of the California Constitution because a local agency or school district has the authority to levy service charges, fees, or assessments sufficient to pay for the program or level of service mandated by certain mandates in this act, within the meaning of Section 17556 of the Government Code.
However, if the Commission on State Mandates determines that this act contains other costs mandated by the state, reimbursement to local agencies and school districts for those costs shall be made pursuant to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of the Government Code.