California Air Resources Board

Summary

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

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Summary

Triples specified civil penalties, such as for strict liability, negligence, and willful and intentional violations, under the following conditions:  (1) the discharge is from a source regulated under Title V of the federal Clean Air Act, and (2) the discharge 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, and other circumstances related to the violation. Moved to the Senate Inactive File.

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Summary

Requires 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 requires CARB to submit a report to the Legislature summarizing the analysis results. The bill requires the District to aggregate and make publicly available on its website specified information regarding permits issued during a specified 17-year span that require or required the use of one or more ERCs. Was not heard on Assembly Concurrence.

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Summary

Would have required the Ocean Protection Council (Council) by January 1, 2026, to implement a statewide voluntary vessel speed reduction and sustainable shipping program, as specified, for the California coast in order to reduce air pollution, the risk of fatal vessel strikes on whales, and harmful underwater acoustic impacts. The bill would have required the Council to coordinate with the coastal local air districts and consult with various entities, including CARB, on the program. Held on suspense in the Senate Appropriations Committee.

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Summary

Allows, 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 defines “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 defines “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 not heard in the Assembly Revenue and Tax Committee.

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Summary

Adds four public members to the San Joaquin Valley Air Pollution Control District Board that are appointed by the Governor to serve 4-year terms. Of these four, one member must 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 must be appointed with the advice and consent of the Speaker of the Assembly. Of those three, two must have subject matter expertise in environmental justice or social justice issues and be selected from a list submitted by nonprofit organizations that have a presence within the San Joaquin Valley Air Basin, and one must be a youth member between 18 and 26 years of age and be selected from a list submitted by either a youth-serving nonprofit organization or an institution of higher education, as specified. The bill also makes changes to board member terms. Was not heard in the Assembly Local Government Committee.

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Summary

Repeals the ban on compensation for members of the Advisory Council of the Bay Area Air Quality Management District (BAAQMD) in the discharge of their duties. The bill authorizes each member of the council to receive compensation, to be determined by the BAAQMD Board for either attending a meeting of the council or attending a meeting, upon authorization of the BAAQMD Board, as a representative of the council.

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Summary

Would have required CARB to conduct an assessment of the socioeconomic impacts, as defined, of a proposed rule or regulation with an economic impact of $10 million or more that will significantly affect air quality or emissions limitations. The bill also would have authorized CARB to contract with a third party to conduct the required assessment of socioeconomic impacts. The bill would have specified minimum standards for the assessment of socioeconomic impacts, and required CARB or a third-party contractor to include in the assessment of socioeconomic impacts, specified information and various economic analyses, along with the disproportionate impact of the proposed rule or regulation on specified race and ethnicities, as well as gay, lesbian, bisexual, and transgender individuals and women. The bill would have prohibited CARB from approving an assessment of socioeconomic impacts that fails to meet those requirements. The bill would have had similar provisions regarding third party contractor and disproportionate impact analysis for the local air districts. Held on suspense in the Senate Appropriations Committee.

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Summary

Would have added two environmental justice members, one appointed by the Senate Committee on Rules and one appointed by the Speaker of the Assembly, to the South Coast Air Quality Management Board (AQMD). The bill would have also authorized South Coast AQMD Board to create a Labor Advisory Panel composed of six representatives whose members perform work in the South Coast Air Basin. The bill would have required the Labor Advisory Panel to provide feedback and input on all district permitting, rules, regulations, and planning issues that have the potential to impact the workforce in the South Coast Air Basin. The bill would have required the South Coast AQMD Board to select the members of the Labor Advisory Panel from nominations provided by the Los Angeles County Federation of Labor, the Inland Empire Labor Council, and the Orange County Labor Federation. Failed passage on the Senate Floor.

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Summary

Would have required a nonvehicular civil penalty in an amount over $10,000 for a nonvehicular violation in a disadvantaged community collected by a specified local air district, minus the cost of prosecution and district administration, investigation, attorney fees, and other reasonable district costs, to be used to mitigate the effect of air pollution in the community affected by the violation. The bill would have modestly raised the maximum amount of nonvehicular civil penalties regarding strict liability and negligence listed in statute. Moved to the Senate Inactive File.

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