California Air Resources Board

Summary

Repeals the prohibition on compensation of the board members of CARB from local air districts and specifies that those board members are to receive the annual salary provided to other board members of CARB. Was not heard in the Senate Environmental Quality Committee.

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Would have for the installation of residential heat pump HVAC systems and heat pump water heaters, required the California Energy Commission to develop standardized permitting checklists, establish limits and requirements for local agency permitting, and cap permit fees, among other things. The bill was sponsored by the Bay Area Air Quality Management District. Held on suspense in the Senate Appropriations Committee.

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Prevents CARB or local air district regulations with restrictions on oxides of nitrogen emissions from gas-fired appliances from applying to appliances that would be installed with a propane conversion kit. Was not heard in the Assembly Natural Resources Committee.

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Summary

Would have required CARB's executive officer to review a local air district’s submitted proposed permit for a Title V facility and, if the executive officer determines that the permit does not comply with the federal Clean Air Act or State law governing air pollution, to object to the issuance of that permit. The bill would have prohibited the local air district from finalizing the proposed permit without revising it to the satisfaction of CARB’s executive officer. The bill also would have established a public petition process regarding the proposed Title V permit, as specified.

The bill would have required an applicant to submit a technical feasibility analysis to the local air district as part of its permit renewal application for a Title V facility if its current operating permit includes equipment or control apparatus that meets certain criteria. The bill would have required a local air district to require best available retrofit control technology to be applied at each piece of equipment or source category identified in the technical feasibility analysis.

The bill would have revised CARB's precertification program, including requiring CARB to update criteria and guidelines for precertification at least once every eight years. The bill would have authorized the precertification program to include the identification of equipment, controls, fuels, and processes, as specified.

The bill would have revised requirements for a local air district’s expedited permit system. The bill, among other things, would have required CARB to issue determinations for best available control technology and best available retrofit control technology, and to establish best available control technology for toxic air contaminants. Held on suspense in the Senate Appropriations Committee.

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Summary

Would have required each local air district to make publicly available on its website a map of permitted facilities containing specified information regarding all active permits required for equipment or processes that may release or control air pollutants and that require or required the use of one or more emission reduction credits. Held on suspense in the Assembly Appropriations Committee.

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Summary

Provides reimbursement and per diem compensation for members of single county local air district boards, as well as the Antelope Valley Air Quality Management District board. Specifically, the bill allows daily compensation up to $200 per day with an annual cap on compensation of $7,200 and allows approval of an annual increase of 5-10%. The bill also requires a report to be submitted to the Legislature within three years of commencement of the compensation.

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Would have imposed new requirements on the South Coast Air Quality Management District (SCAQMD) for any adoption or amendment of a rule or regulation that has new or additional emissions reduction requirements on sources of air pollution associated with an operation at the ports, including the proposed Port Indirect Source Rule (ISR), until January 1, 2031. The bill would have prohibited any port-related actions that impose a cap on cargo throughput or cruise ship passengers at the ports or uses public funds to require or incentivize automated or remotely operated equipment or supporting infrastructure.  

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Governor’s Veto Message

To the Members of the California State Senate:

 I am returning Senate Bill 34 without my signature.

 This bill would impose new requirements on the South Coast Air Quality Management District (SCAQMD) for any adoption or amendment of a rule or regulation passed after July 1, 2025 that imposes new or additional emissions reduction requirements on sources of air pollution associated with port operations. The bill also would prohibit any port-related action that imposes a cap on cargo throughput or cruise ship passengers, or uses public funds to require or incentivize the use of automated or remotely operated equipment or supporting infrastructure. All these prohibitions and requirements would remain in effect until January l, 2031.

 California's ports are critical to the stability of our national and global supply chains and ore relied upon by most Americans to meet their everyday needs. Today, our ports handle about 40 percent of the nation's containerized imports and 30 percent of our notion's exports, making them vital points in the flow of goods and commerce. At the same time, ports are also one of the most significant sources of local air pollution due to their reliance on fossil fuels. Over the past several years, our ports have mode tremendous progress in building zero-emission infrastructure to reduce harmful air and climate pollution that benefits not just the ports, but also the surrounding communities.

 With the current federal Administration directly undermining our state and local air and climate pollution reduction strategies, it is imperative that we maintain the tools we have and encourage cooperative action at all levels to avoid the worst health and climate impacts. To that end, I am encouraged by the productive discussions between the SCAQMD and the Ports of Los Angeles and Long Beach to identify and advance prudent air quality improvement measures and the SCAQMD 's recent unanimous direction to staff to further their efforts to reach a Cooperative Agreement. This locally driven and collaborative approach toward reducing air and climate pollution is the type of consensus that should be supported and encouraged. This bill interferes with this approach, the progress made, and the ongoing good faith efforts made by the SCAQMD and the Ports of Los Angeles and Long Beach.

 For this reason, I cannot sign this bill.

 Sincerely,

Gavin Newsom

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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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