California Air Resources Board

Summary

Allows local air districts, in support of Tribal sovereignty, to enter into written agreements with federally recognized California Native American Tribes to allow cultural burning in their ancestral territories without undergoing the permitting, regulatory, or administrative requirements for prescribed burning. In the event of a disagreement between a local air district and a tribe in developing or implementing an agreement, the Secretary for Environmental Protection must assist in resolving the disagreement. The bill authorizes the Secretary of the Natural Resources Agency to enter into written agreements with federally recognized California Native American tribes in support of tribal sovereignty with respect to cultural burning in their ancestral territories. The Secretary may agree in the written agreement that compliance with specified permitting or regulatory requirements is not required.

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Summary

Urges the United States Congress and President Biden to: 1) fully fund the United States Environmental Protection Agency’s Comprehensive Infrastructure Solution for the Tijuana River due to the ongoing impacts to public health, the environment, and the local economy caused by cross-border pollution, and 2) include sufficient ongoing operation and maintenance funding for the South Bay International Wastewater Treatment Plant in future federal budgets and provide funding to address ongoing cross-border pollution impacting the New River. The measure also urges President Biden to declare a national emergency due to the ongoing impacts caused by cross-border pollution in the Tijuana River Valley..

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Summary

Would have required a district to provide a small business, as defined, with a period of not less than 30 days to rectify a violation before the small business could be subject to specified civil penalties for air violations. Was not heard in the Assembly Natural Resources Committee.

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Summary

Would have required CARB to adopt regulations to improve air quality in population centers located in valleys and would have required each local air district to implement those regulations with regard to stationary sources located within its jurisdiction. The bill would have made those requirements inoperative on January 1, 2029, and would have required CARB, by January 1, 2030, to submit a report to the Legislature describing any air quality improvements resulting from those regulations. Held on suspense in the Assembly Appropriations Committee.

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Summary

Would have required a fixed-mount generator to be classified as a stationary source and would have required CARB to adopt regulations consistent with that requirement. Was not heard in the Assembly Natural Resources Committee.

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Summary

Allows specified civil penalties, such as for strict liability, negligence, and willful and intentional violations, to be multiplied by a factor of not more than three under the following conditions:  (1) the emission is from a source regulated under Title V of the federal Clean Air Act, and (2) the emission contains one or more air contaminants, as identified by CARB as a toxic air contaminant, and as defined as a “air contaminant” or “air pollutant,” or a pollutant that has a California ambient air quality standard, as specified. The bill directs the court or the local air district when assessing penalties to consider health impacts, community disruptions, the timeliness and accuracy of the notifications from the violator, and other circumstances related to the violation.

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Summary

Would have required CARB, by January 1, 2027, to conduct an analysis of credits identified in the San Joaquin Valley Unified Air Pollution Control District’s (District) ledger of available emission reduction credits (ERCs) to determine if any credits were issued in violation of State, local, or district laws, rules, regulations, or procedures in place at the time of original issuance. The bill would have required CARB to submit a report to the Legislature summarizing the analysis results. The bill would have required the District to aggregate and make publicly available on its website specified information regarding permits issued during a specified 17-year span that would require or would have required the use of one or more ERCs. Was not heard on Assembly Concurrence.

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Summary

Would have allowed, for taxable years beginning on or after January 1, 2023, and before January 1, 2028, a credit against State taxes for a qualified taxpayer in an amount equal to $800 per ton of criteria air pollutant reduced beyond the baseline amount. The bill would have defined “qualified taxpayer” to mean a major source emitter, as defined, that has emissions levels of criteria air pollutants for the taxable year at least 5 percent below the requirements set by the federal Clean Air Act. The bill also would have defined “baseline amount” with respect to criteria air pollutants to mean the level of criteria air pollutants the taxpayer may emit to meet the requirements of the federal Clean Air Act. Was amended to deal with student loan debt.

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Summary

Would have added four public members to the San Joaquin Valley Air Pollution Control District Board that are appointed by the Governor to serve four-year terms. Of these four, one member would have been required to be from a California Native American tribe chosen from a list of candidates submitted by local tribal organizations with a presence within the San Joaquin Valley Air Basin, and three members would have been required to be appointed with the advice and consent of the Speaker of the Assembly. Of those three, two would have been required to have subject matter expertise in environmental justice or social justice issues and been selected from a list submitted by nonprofit organizations that have a presence within the San Joaquin Valley Air Basin, and one would have been required to be a youth member between 18 and 26 years of age and been selected from a list submitted by either a youth-serving nonprofit organization or an institution of higher education, as specified. The bill also would have made changes to board member terms. Was not heard in the Assembly Local Government Committee.

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Summary

Extends the deadline for the period of liquidation for local air districts to disburse Carl Moyer Program funds from 4 years after date of reservation to 6 years after date of disbursement by the State.

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