State Agencies

• Date: 09 February 2024

Copyright © 2024 Environmental Law Institute®, Washington, DC. Reprinted with permission from ELR®, http://www.eli.org, 1-800-433-5120. In the State Agencies "In the State Agencies" contains summaries of notable state regulatory developments reported during the month of December 2023. The entries are arranged by state, and within each section, entries are further subdivided by subject matter. To access ELR 's entire collection of state regulatory developments, visit https://elr.info/administrative/state-updates. ENERGY he Energy Commission proposed amendments to regulations governing appliance eiciency regulations. he proposed amendments would revise data submittal requirements and processes; eliminate redundancy in the marking requirement for commercial and industrial fans and blowers; streamline the Commission’s product compliance review, enforcement, and administrative proceedings; and make administrative and non-substantive changes for improved clarity and consistency. See 47-Z Cal. Regulatory Notice Reg. 1532 (Nov. 24, 2023). GOVERNANCE he Pollution Control Financing Authority proposed amendments to regulations governing the administration of the California Capital Access Loan Program for the Collateral Support Program. he amendments would accelerate the State Small Business Credit Initiative funding to participating inancial lenders by revising and updating deinitions, amend program eligibility, and provide additional incentives to encourage increased enrollment of loans into the Collateral Support Program. See 47-Z Cal. Regulatory Notice Reg. 1524 (Nov. 24, 2023). TOXIC SUBSTANCES he Oice of Environmental Health Hazard Assessment added coal-tar pitch, luoro-edenite ibrous amphibole, and silicon carbide whiskers to the list of chemicals known to the state of California to cause cancer (Proposition 65). See 46-Z Cal. Regulatory Notice Reg. 1520 (Nov. 17, 2023). WATER he Oice of Environmental Health Hazard Assessment proposed a new health-protective concentration (HPC) for noncancer efects of hexavalent chromium in drinking water. he draft technical support document proposed an HPC of ive parts per billion. See 47-Z Cal. Regulatory Notice Reg. 1537 (Nov. 24, 2023). ALASKA WATER he Department of Environmental Quality proposed to issue a second Alaska Pollutant Discharge Elimination System general permit modiication to the Onshore Seafood General Permit. he proposed modiication would establish a 10-piece threshold for evaluating compliance with the seafood waste size limitation in the permit. See https://aws.state. ak.us/OnlinePublicNotices/Notices/View.aspx?id=213549 (Dec. 13, 2023). ARIZONA LAND USE he State Land Department proposed amendments to regulations governing the leasing and sale of natural resources. he amendments would update and clarify language regarding land sales, right-of-way provisions, and bond sales, among other things, and improve transaction time frames for customers. See 29 Ariz. Admin. Reg. 3569 (Nov. 17, 2023). CALIFORNIA CLIMATE CHANGE he Air Resources Board proposed to amend motorcycle emission standards and test procedures and to adopt new on-board diagnostics and zero emission motorcycle requirements. he amendments and adoptions would, among other things, establish a legally binding framework to transition toward zero emission motorcycle sales in California and reduce emissions from remaining internal combustion-powered vehicle sales by aligning with European Union 5 exhaust emission standards, imposing more stringent evaporative emissions standards, and adopting additional on-board diagnostic requirements. See 48-Z Cal. Regulatory Notice Reg. 1566 (Dec. 1, 2023). 54 ELR 10178 ENVIRONMENTAL LAW REPORTER 2-2024 Copyright © 2024 Environmental Law Institute®, Washington, DC. Reprinted with permission from ELR®, http://www.eli.org, 1-800-433-5120. he Department of Water Resources proposed amendments to the Model Water Eicient Landscape Ordinance. he amendments would incorporate two new statutory provisions requiring a plant legend with photographs for inspection and references to water-conserving irrigation equipment standards. See 46-Z Cal. Regulatory Notice Reg. 1509 (Nov. 17, 2023). CONNECTICUT ENERGY he Department of Energy and Environmental Protection proposed amendments to regulations governing the use and control of radioactive materials. he amendments would modernize the regulations to be consistent with NRC standards, establish a more uniform regulatory framework, and add civil penalties for violations related to sources of ionizing radiation. See https://eregulations.ct.gov/eRegsPortal/ Search/getDocument?guid={20A9368C-0000-C016-94AD-683ECA7C0CFF} (Dec. 4, 2023). COLORADO AIR he Air Quality Control Commission proposed amendments to regulations governing open burning. he amendments would clarify general open burning requirements. Hearings will be held February 14-16, 2024. See 23 Colo. Reg. 81 (Dec. 10, 2023). CLIMATE CHANGE he Department of Public Health and Environment adopted California’s Advanced Clean Cars II standards, including new zero emission light-duty vehicle sales requirements for model years 2027-2032 and new low emission vehicle emission standards for new conventionally fueled light- and medium-duty vehicles for the same period. See 22 Colo. Reg. 362 (Nov. 25, 2023). he Department of Public Health and Environment adopted amendments to regulations governing greenhouse gas emissions and energy management for manufacturing. he amendments reduce greenhouse gas emissions from the industrial and manufacturing sector and make necessary revisions to reduction strategies for the Energy Intensive, Trade-Exposed Manufacturing Source Audit Program. See 22 Colo. Reg. 420 (Nov. 25, 2023). TOXIC SUBSTANCES he Department of Agriculture adopted amendments to regulations governing administration and enforcement of the Pesticide Act. he amendments, among other things, designate any pesticide containing one or more listed neonicotinoid active ingredients to be a state-limited pesticide that may only be distributed by licensed dealers and exempt certain pesticide products containing those neonicotinoid active ingredients from designation as a state-limited use pesticide based on speciic use patterns identiied on the pesticide product label. See 23 Colo. Reg. 1389 (Dec. 10, 2023). he Department of Agriculture adopted amendments to regulations governing administration and enforcement of the Pesticide Applicators’ Act. he amendments incorporate new federal certiication and training requirements pursuant to 40 C.F.R. Part 171. See 23 Colo. Reg. 1397 (Dec. 10, 2023). DELAWARE CLIMATE CHANGE he Department of Natural Resources and Environmental Control adopted amendments to regulations governing the Low Emission Vehicle Program. he amendments update the adoption by reference of California’s Advanced Clean Car program as amended on August 25, 2022, and inalized on November 30, 2022, by the California Air Resources Board, and change the title of the regulation to “Advanced Clean Car Program.” See http://regulations.delaware.gov/register/ december2023/inal/27%20DE%20Reg%20433%2012-01-23.htm (Dec. 1, 2023). FLORIDA WATER he Division of Aquaculture proposed amendments to the Aquaculture Best Practices Manual. he amendments would revise provisions regarding prohibited and restricted non-native...