California Air Resources Board

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Would have repealed existing law authorizing the Department of Toxic Substances Control (DTSC) to adopt regulations to establish management standards for metal shredding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 The bill would have repealed existing law that provides that treated metal shredder waste that is managed in accordance with those regulations is deemed to be solid waste, and not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

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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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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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