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 clarified that electric water heaters and appliances can be installed outside of mobile homes and other related provisions. This bill was sponsored by the Bay Area Air Quality Management District to alleviate opinions from the Department of Housing and Community Development on the installation of these appliances. Held on suspense in the Senate Appropriations 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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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 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 authorized the Bay Area Air Quality Management District (BAAQMD) and the Metropolitan Transportation Commission (MTC) to jointly adopt a commute benefit ordinance that requires covered employers operating within the common area of the BAAQMD and MTC respective jurisdictions to offer all covered employees one of the following choices: (1) A pretax option, (2) Employer-paid benefit, (3) Employer-provided transit, or (4) Employer-provided regional transit pass. The bill would have authorized MTC to propose new taxes, allocate new revenue, and issue bonds for specified transportation projects, among other things. Remains at the Assembly Desk.

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Summary

Would have updated the statewide refinery-related fence-line and community air monitoring program established by AB 1647 (Muratsuchi, Chapter 589, Statutes of 2017). The bill would have established statewide standards for the air monitoring program, including monitoring system capabilities, pollutants requiring monitoring, air quality control and assurance plans, third party audits, and data reporting. The bill also would have extended the air monitoring program deadline from January 1, 2020, to January 1, 2028, for updating or installing new air monitoring systems required by the bill. The bill would also have specified the type of refineries that are subject to the program, including biofuel refineries.

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Governor’s Veto Message

To the Members of the California State Senate:

I am returning Senate Bill 674 without my signature.

This bill would make several changes to the refinery fence-line air monitoring program, including expanding the program to include monitoring for biofuel refineries and additional pollutants, applying the program to contiguous or adjacent refinery-related facilities, increasing the standards for data quality, and providing new processes for notifying local communities.

California has some of the most stringent refinery air monitoring and pollution standards in the world. These standards have been developed and implemented by the state's local air quality management districts, and each of these districts possess the authority and technical expertise to update, expand and modify these standards according to the best available science.

While I share the author's desire to protect communities from air pollution, local air quality management districts are already carrying out the necessary action to do just that. Additionally, because this bill mandates these districts to implement highly prescriptive measures, it might be found to require state reimbursement of implementation costs at a time when we just recently closed a $44.9 billion shortfall for the 2024-25 fiscal year. There is no state funding identified or available in the state budget to support these efforts.

For these reasons, I cannot sign this bill.

Sincerely,

Gavin Newsom

View Governor’s veto message here

Summary

Requires a local air district whose jurisdiction includes a metal shredding facility, in consultation with the Department of Toxic Substances Control (DTSC) and the Office of Environmental Health Hazard Assessment (OEHHA), to develop by January 1, 2027, requirements for facility-wide fence-line air quality monitoring at metal shredding facilities, as provided. The bill requires the local air district to, among other things, develop threshold levels for airborne contaminants in consultation with OEHHA, and to adopt regulations by July 1, 2027, to implement the requirements of the bill. The bill authorizes the local air district to be reimbursed for these costs pursuant to its fee authority. The bill requires DTSC to require metal shredding facilities to monitor and report hazardous waste constituents and requires DTSC to collect and analyze light fibrous material at the fence lines to determine the potential for release of hazardous waste. The bill requires DTSC, by July 1, 2027, to develop a community notification procedure, among other things.

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