California Air Resources Board

Summary

Updates the statewide refinery-related fence-line and community air monitoring program established by AB 1647 (Muratsuchi, Chapter 589, Statutes of 2017). The bill establishes 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 extends 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 and expands the program to include biofuel refineries. Moved to the Assembly Inactive File.

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Summary

Would have designated a local air district as a special district for purposes of receiving State funds or funds disbursed by the State, including federal funds. The bill would also have required, if eligibility for funds requires a district to be considered either a dependent or an independent special district, the entity distributing those funds to use the definitions for those terms set forth in the Cortese-Knox-Hertzberg Local Government Reorganization Act of 2000, as specified, to determine eligibility. Held on suspense in the Senate Appropriations Committee.

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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. The bill would have prohibited CARB from approving an assessment of socioeconomic impacts that fails to meet these requirements. The bill would have had similar provisions for local air districts regarding third party contractors and made changes to the socioeconomic analysis carried out by local air districts for rulemakings. Held on suspense in the Senate Appropriations Committee.

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Summary

Authorizes the Secretary of the Natural Resources Agency (CNRA Secretary) to enter into agreements with federally recognized California Native American tribes in support of tribal sovereignty with respect to cultural burning. The bill provides that, in deference to tribal sovereignty, the CNRA Secretary may agree, with regard to cultural burning, that compliance with State permitting or regulatory requirements is not required. The CNRA Secretary may enter into the agreement with such tribes related to the State Smoke Management Program only with concurrence of the Secretary of Environmental Protection. The bill does not provide authorization to enter or burn property without the permission of the landowner. In order to support these agreements, the bill also requires the CNRA Secretary to convene a cultural burn working group consisting of State agencies, California Native American tribes, local air districts, and local governments, with the goal of determining a framework to enable conditions conducive to cultural burning, including consideration of the role of a local air pollution control district in supporting the effort of cultural burning. The bill requires the working group to report its findings to the Legislature on or before January 1, 2025. The bill repeals these provisions on January 1, 2029. Was not heard in the Assembly Appropriations Committee.

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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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