California Air Resources Board

Summary

Would have required a school district to ensure that school facilities meet the minimum requirements of regulations enacted by the Occupational Safety and Health Standards Board that govern the quality of air provided to employees in places of employment.  The bill would have required school districts to use contractors who had been certified by a nationally recognized organization for the inspection, maintenance, and repair of heating, ventilation, and air-conditioning systems.  Was not heard in the Assembly Education Committee.

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Summary

Would have required a public agency, for purposes of the California Public Records Act, to retain and preserve for at least two years every public record that is transmitted by electronic mail, unless a longer retention period is required by statute or regulation, or established by the Secretary of State pursuant to the State Records Management Act.  Was not heard in the Assembly Appropriations Committee.

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Summary

Would have amended the Bagley-Keene Open Meeting Act of 1967 (Bagley-Keene) to require State bodies to provide all writings and materials in connection with a noticed meeting with the currently required 10-day notice.  Additional associated writings and materials to be considered at the meeting and provided in advance of the meeting to members of the State body would have been required to be posted on the State body’s website by no later than the first business day following the dissemination to State body members or at least 48 hours in advance of the meeting, whichever is earlier.  Other associated writings and materials provided by another State body, or related to legislation and changing market conditions, and disseminated to State body members after the 48-hour period would have been required to be posted to the State body’s website by the first business day after dissemination, but prior to the State body’s meeting.  If a written request is made for such additional documents, then they would have been required to be provided immediately to the requestor.  Assembly Bill 2028 would also have required the State body to allow public testimony on any listed agenda item.  The bill would have exempted documents that are discussed in closed sessions.  Was ordered to the Senate inactive file by unanimous consent.

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Summary

Would have expedited permitting and contracting requirements and California Environmental Quality Act procedures to facilitate the replacement of the Leroy Anderson Dam and Reservoir, required CARB to complete a greenhouse gas emission determination on specified project components, established requirements for greenhouse gas emission reduction mitigation measures, and authorized CARB to charge a fee for its work.  The greenhouse gas determination framework would have been similar to the Jobs and Economic Improvement through Environmental Leadership Act of 2011 (AB 900, Buchanan, Chapter 345, Statutes of 2011).

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Governor’s Veto Message:

To the Members of the California State Assembly:

I am returning Assembly Bill 3005 without my signature.

This bill would modify contracting requirements and prescribe expedited California Environmental Quality Act (CEQA) review and regulatory processes for various state agencies to facilitate projects for the Leroy Anderson Dam and Reservoir.

Notwithstanding the importance of completing projects at the Anderson Dam, the bill sets unrealistic timelines for state entities to expedite deliverables.  This will require staff to be diverted away from other critical projects throughout the state that are going through the CEQA process.  Although the Anderson Dam projects are a key element of dam safety, it is problematic to set a precedent for a special process and timeline for one project that may undermine the quality of review by departments.

Furthermore, a public works project of this magnitude will have significant environmental impacts, and therefore, review through the full CEQA process is necessary.

For these reasons, I am returning Assembly Bill 3005 without my signature.

Sincerely,

Gavin Newsom

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Summary

Would have required CARB to convene a working group with a specified membership for the purposes of reviewing the state of air pollution control technologies, operational or maintenance standards, and work practices that may be applied to wine fermentation tanks, and the costs and benefits of those technologies, standards, and practices.  The bill would have required local air districts, when adopting a rule or issuing a permit requiring air pollution control technology to be installed on wine fermentation tanks, to include specified findings as part of that action.  The bill would have required CARB to allocate $1 million, available upon appropriation by the Legislature, to the University of California Davis for a study that would make recommendations on options to address air emissions from wine fermentation tanks.  Was not heard in the Senate Environmental Quality Committee.

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Summary

Would have provided a funding mechanism to reduce wildfire risks in California by establishing the Wildfire Prevention and Community Resilience Act of 2020.  The bill would have required the California Natural Resources Agency to adopt an interim expenditure plan and an expenditure plan that focused on reducing wildfire risk on the ground and in communities through activities such as defensible space implementation, home hardening, and improved public safety.  The bill would have established the Wildfire Prevention and Community Resilience Fund and, upon appropriation by the Legislature, would have required moneys in the fund be used for the implementation of the expenditure plan.  The bill would have required that at least $50 million be available to CARB for projects that reduced emissions of greenhouse gases and criteria air pollutants related to forest treatments.  The bill would have required that preference be given to projects that could have provided negative emissions of greenhouse gases as determined by CARB.  Was not heard on the Senate Floor.

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Summary

Would have extended the Jobs and Economic Improvement through Environmental Leadership Act of 2011 (AB 900, Buchanan, Chapter 345, Statutes of 2011) until January 1, 2024.  This bill would also have authorized CARB to charge a fee for the greenhouse gas emission determination for each project, added specified requirements for greenhouse gas emissions mitigation measures, and required a minimum 20 percent reduction in vehicle miles traveled for approved projects.  Hearing canceled in the Assembly Appropriations Committee at author’s request.

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Summary

Would have prohibited a local air district that contains a Community Air Protection Program per AB 617 (C. García, Chapter 136, Statutes of 2017) from authorizing a new major source of emissions, or revisions to an existing source of emissions, that would have increased toxic air contaminants and criteria air pollutants above the levels included in the Community Emissions Reduction Program for that community, unless the local air district required the major source to mitigate the increased emissions directly in the affected communities.  Hearing canceled in the Assembly Natural Resources Committee at author’s request.

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Summary

Would have established an Office of the Salton Sea within the California Natural Resources Agency (CNRA).  The bill would have required the Secretary for CNRA to establish a Salton Sea Oversight Committee.  Was amended to deal with lithium extraction in California.

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Summary

Would have required, by January 1, 2021, specified agencies, including CARB, to provide to the Legislature a joint assessment of options for redefining the term “cost-effective” for the purposes of prioritizing public investment opportunities.  In this assessment, the agencies would have been required to consider the impact that investments would have on specified factors, such as public health benefits to the State and alignment with other State programs and priorities.  The bill also would have required the agencies to conduct a joint public process for the assessment.  Held on suspense in the Assembly Appropriations Committee.

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