California Air Resources Board

Clarifies that a 21st century warehouse and a tier 1 21st century warehouse is required to comply with building standards in effect at the time that the building permit is issued and make other clarifying changes relating to permissibility of use of conduits and electrical hookups at loading bays at those locations. The bill revises the definition of “logistics use” and instead defines “logistics use development” for these purposes to mean a building that is primarily used as a warehouse for the movement or the storage of cargo, goods, or products that are moved to business or retail customers, or both, that does not predominantly serve retail customers for onsite purchases, and heavy-duty trucks are primarily involved in the movement of the cargo, goods, or product. The bill makes various other technical and conforming changes to the provisions governing logistics use development.

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Requires the South Coast Air Quality Management District (SCAQMD) board to update Rule 1157 to improve air quality and increase data collection. The bill requires permanent and temporary aggregate operations, by January 1, 2027, to install and maintain a fenceline monitoring system, maintain fencing above the height of open piles, limit open storage piles to 8 feet tall if the covered facility is within 500 feet of a sensitive receptor, and cease all activities if PM10 emissions reach threshold limit set by SCAQMD. The bill requires, on and after July 1, 2027, that a covered facility with a demonstrated history of PM10 emissions at or above the threshold limit set by the SCAQMD and whose property line is within 500 feet of a sensitive receptor to fully enclose any existing open storage piles. Was not heard in the Assembly Natural Resources Committee.

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Allows CARB to adopt and enforce rules and regulations for indirect sources of emissions. Within 120 days of statewide indirect source rule (ISR) adoption, air districts would determine if the district or CARB will implement and enforce the regulations within air the district. If the air district elects to implement and enforce a statewide ISR, it must propose regulations enacting those measures no later than six months following CARB's ISR adoption. The air district could, at any time, adopt and enforce more stringent indirect source regulations than the regulations adopted by CARB. The bill allows CARB to establish a schedule of fees on facilities and mobile sources to cover the reasonable costs of implementing and enforcing the regulations and requires the fees to be deposited in the Air Pollution Control Fund and made available to CARB upon appropriation by the Legislature. The bill also requires CARB to prepare an annual presentation on the impacts and effects of any ISRs that it adopts. Was not heard on the Assembly Floor.

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Requires a local air district without a specified rule on emergency backup generators, as of January 1, 2026, that adopts such a rule, to include provisions that allow the operator of a critical facility to use a permitted emergency backup generator in exceedance of the applicable runtime and testing and maintenance limits if specified conditions are met. The bill specifies that a critical facility is allowed to exceed applicable limits and provide evidence of having taken demonstrable steps toward implementing the use of backup power technologies that meet or exceed emission standards set by CARB. Was not heard in the Senate Environmental Quality Committee.

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Requires certain air districts with jurisdiction over a geographic area with a certain population size, in adopting, amending, or repealing major regulations, to prepare a standardized regulatory impact analysis. Was not heard in the Assembly Natural Resources Committee.

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Clarifies that a 21st century warehouse and a tier 1 21st century warehouse are required to comply with building standards in effect at the time that the building permit is issued and make other clarifying changes relating to permissibility of use of conduits and electrical hookups at loading bays at those locations. The bill revises the definition of “logistics use” and instead defines “logistics use development” for these purposes to mean a building that is primarily used as a warehouse for the movement or the storage of cargo, goods, or products that are moved to business or retail customers, or both, that does not predominantly serve retail customers for onsite purchases, and heavy-duty trucks are primarily involved in the movement of the cargo, goods, or product. The bill makes various other technical and conforming changes to the provisions governing logistics use development. This bill is the same as SB 415 (Reyes). Moved to the Assembly Inactive File.

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Authorizes each appointing authority for district members to designate an alternate member to serve in place of the regular member when the regular member is absent or disqualified from participating and requires the alternate member to meet the same qualifications applicable to the regular member. When serving in place of the appointed member, the bill authorizes the alternate member to vote and to receive compensation and expenses, as specified. The bill makes various changes to the San Diego County Air Pollution Control District Board’s membership selection process and membership requirements.

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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