California Air Resources Board

Summary

Would have authorized the California Energy Commission to exempt from thermal powerplant certification a thermal powerplant with a generating capacity of up to 150 megawatts if it is a data center backup generator that meets a variety of physical and environmental parameters and considerations, as specified. The bill would have required that the air quality impacts of these generators be mitigated, as determined by the appropriate air district as generators would largely be high-polluting diesel generators. Remains in the Assembly Rules Committee.

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Summary 

Would have provided an exemption for 2024 and subsequent model heavy-duty trucks, provided they meet federal exhaust emission standards, from CARB's emissions standards and test procedures. Was not heard in the Assembly Transportation Committee. 

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Summary 

Would have required CARB to ensure, when implementing the Clean Cars 4 All (CC4A) Program, incentives provided under the program are available and distributed in all areas where air districts have elected to not manage the distribution of these incentives. This bill would have also required CARB to prioritize vehicle retirement in areas with the highest percentage of people in disadvantaged and low-income communities. This bill would have required CARB to address the funding for targeted outreach in low-income or disadvantaged communities with the highest number of vehicles manufactured before 2004, or that are at least 20 years old that are driven most and have the poorest fuel economy. This bill would have required CARB, in allocating funding to local air districts participating in the program and to the portion of the program managed by CARB, to consider additional metrics relating to retired vehicles. 

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Governor’s Veto Message 

To the Members of the California State Assembly:  

I am returning Assembly Bill 2401 without my signature.  

This bill would require the California Air Resources Board (CARB) to make several changes to the Clean Cars 4 All (CC4A) Program, including but not limited to codifying a statewide CC4A program, potentially reallocating funds between statewide and air district-run programs, expanding reporting requirements, and prioritizing certain recipients who drive older vehicles in greater amounts in more pollution-burdened areas.  

The CC4A program has helped thousands of lower-income residents living in some of the most disadvantaged and air-polluted areas of the state replace their old higher-polluting vehicles with newer, cleaner vehicles. The program is designed to be consumer-focused, and its appeal is its ease of access and straightforward eligibility and participation requirements.  

Unfortunately, while the intent of this bill is laudable, the new application requirements it would impose on the CC4A program recipients are onerous and will discourage some of the lowest-income residents in California from participating. In addition, the new verification requirements would necessitate constant and costly monitoring by CARB of recipient driving patterns, further discouraging program participation and thereby preventing continued reductions in local air pollution and greenhouse gas emissions from being realized. 

Sincerely, 

Gavin Newsom 

View Governor’s veto message here 

Would have amended the California Constitution to declare that the people have a right to clean air and water and a healthy environment. Missed deadline for bill passage in the Assembly.

Summary 

Would have imposed an additional annual $4 charge on each motor vehicle registered in the state to be collected by the Department of Motor Vehicles (DMV) with the revenues deposited into the Air Quality Improvement Fee Fund, which the bill would have created. The bill would have continuously appropriated the revenues in the fund to the DMV for distribution upon request to air districts based upon the amount of the charges collected from motor vehicles registered within each air district. This bill would have required these revenues to be used for the reduction of air pollution from motor vehicles and for related planning, monitoring, enforcement, and technical studies, as specified, or for the attainment or maintenance of State or federal ambient air quality standards or the reduction of toxic air contaminant emissions from motor vehicles. Held on suspense in the Assembly Appropriations Committee.

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Would have prohibited the County of Riverside, the County of San Bernardino, and any other political subdivisions located within those counties, from approving the development or expansion of any qualifying logistics use, as defined, within 1,000 feet of sensitive receptors, as defined, except as provided. The bill would have authorized a public agency to approve the development or expansion of a qualifying logistics use greater than 500 feet from a sensitive receptor and within 1,000 feet of a sensitive receptor only if the qualifying logistics use complies with certain requirements, including that all heavy-duty vehicles domiciled onsite meet certain requirements. The bill would have authorized an individual affected by a violation of these provisions or the Attorney General to bring an action to enjoin a violation of the provisions of this bill and would have provided that these provisions do not relieve a public agency from complying with the California Environmental Quality Act. Hearing cancelled at request of author in the Assembly Committee on Local Government.

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Summary

Urges the United States Congress and President Biden to support a $100 million supplemental funding request to address the ongoing impacts on public health, the environment, and the local economy caused by cross-jurisdictional pollution from the Navy North Hangar Fire in Tustin, and to include in future federal budgets sufficient ongoing operational and maintenance funding for Navy North Hangar Fire remediation. The measure urges President Biden to declare a national emergency due to the ongoing impacts.

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Summary

Would have directed CARB, by July 1, 2026, or as soon as feasible, to revise regulations on indoor air cleaning devices establishing the emission concentration standard for ozone emissions to not greater than 0.005 parts per million, to the extent consistent with federal law. This would have been a more protective standard.The bill would have required the CARB regulations on indoor air cleaning devices to include a ban on the sale or the offering for sale of devices that exceed that emissions limit, even if previously certified, after a date determined by CARB, unless CARB determines an exemption applies. Was not heard in Assembly Natural Resources Committee.

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Summary

Would have repealed existing law authorizing the Department of Toxic Substances Control (DTSC) to adopt regulations to establish management standards for metal shredding facilities for hazardous waste management activities within DTSC’s jurisdiction, and would have established a new comprehensive regulatory framework within DTSC for metal shredding facilities. The bill would have repealed existing law that provides that treated metal shredder waste that is managed in accordance with those regulations is deemed to be solid waste, and not hazardous waste. Was not heard in the Assembly Appropriations Committee.

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Summary

Would have required, upon appropriation by the Legislature, Department of Forestry and Fire Protection (CalFire), the Office of Emergency Services (OES), and the Department of Toxic Substances Control (DTSC), in consultation with relevant academic and research institutions, government agency, and educational institution, to form a workgroup related to exposure of toxic heavy metals after a wildfire. The bill would have required the workgroup to take certain actions, including establishing best practices and recommendations for wildfire-impacted communities and first responders to avoid exposure to heavy metals after a wildfire. The bill would have authorized CalFire to contract with public universities, research institutions, and other technical experts to support the work of the workgroup. The bill would have required CalFire, OES, and DTSC to report their findings to the Legislature by January 1, 2026. Held on suspense in the Senate Appropriations Committee.

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