Environmental Law & Climate Change: Environmental Law Blog: Law and the Environment: California enacts legislation regarding sales of alternative energy by homeowners to utilities, access to clean water, use of GHG offsets, liability defenses for contamination, and lead wheel weights

Law and the Environment

10/7/2009 2:14:23 PM EST

California enacts legislation regarding sales of alternative energy by homeowners to utilities, access to clean water, use of GHG offsets, liability defenses for contamination, and lead wheel weights

Posted by Thomas H. Clarke, Jr.

Partner, Ropers Majeski Kohn & Bentley

Despite the budget crisis and much partisan hostility, California has enrolled this year some major environmental legislation which has not been reviewed previously.

Net Metering. AB 920 (http://www.leginfo.ca.gov/pub/09-10/bill/asm/ab_0901-0950/ab_920_bill_20090921_enrolled.html) allows residential customers generating power through wind and solar installations to sell any excess to the local utility subject to an overall cap of 2.5% of the utility's total power. The bill awaits the Governor's signature or veto.

Clean Water. AB 1242 (http://www.leginfo.ca.gov/pub/09-10/bill/asm/ab_1201-1250/ab_1242_bill_20090917_enrolled.html) has the effect of setting forth the preferences in the water code for domestic uses over irrigation and other uses. It is however merely a policy statement that requires no action to expand infrastructure beyond programs already being implemented by various state agencies. Agencies are to take steps to implement the policy as long as the steps taken do not adversely effect access to federal funds. The bill awaits the Governor's signature or veto.

GHG Offsets. AB 1404 (http://www.leginfo.ca.gov/pub/09-10/bill/asm/ab_1401-1450/ab_1404_bill_20090921_enrolled.html) limits the use of offsets to 10% of a source's obligations under a cap-and-trade or other market mechanisms to comply with the State's AB 32 program (which has been reviewed in detail in prior postings). The bill awaits the Governor's signature or veto.

Liability Defenses for Contamination. SB 143 (http://www.leginfo.ca.gov/pub/09-10/bill/sen/sb_0101-0150/sb_143_bill_20090904_enrolled.html) extends to 1/1/17 existing law which provides a defense against liability for contamination to bona fide purchasers, innocent landowners, and contiguous property owners. Individuals with such a defense on 12/31/16 shall continue to have the defense after that date if they otherwise comply with applicable law. The bill awaits the Governor's signature or veto.

Lead Wheel Weights. Prior posts have noted State and Federal activities to address lead wheel weights. SB 757 (http://www.leginfo.ca.gov/pub/09-10/bill/sen/sb_0751-0800/sb_757_bill_20090910_enrolled.html) prohibits the manufacture, sale, or installation of lead wheel weights in California that contain more than 0.1% lead by weight. The law also notes that the Department of Toxic Substances Control will continue to maintain jurisdiction over any substance used in lieu of lead in such weights under the current "Green Chemistry" law (Sections 25251 et seq. Health & Safety Code). The bill awaits the Governor's signature or veto.

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