California Air Resources Board

Summary

Urges the United States Congress and President Biden to support a $100 million supplemental funding request to address the ongoing impacts on public health, the environment, and the local economy caused by cross-jurisdictional pollution from the Navy North Hangar Fire in Tustin, and to include in future federal budgets sufficient ongoing operational and maintenance funding for Navy North Hangar Fire remediation. The measure urges President Biden to declare a national emergency due to the ongoing impacts.

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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Would have repealed existing law authorizing the Department of Toxic Substances Control (DTSC) to adopt regulations to establish management standards for metal shredding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 The bill would have repealed existing law that provides that treated metal shredder waste that is managed in accordance with those regulations is deemed to be solid waste, and not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 required, upon appropriation by the Legislature, Department of Forestry and Fire Protection (CalFire), the Office of Emergency Services (OES), and the Department of Toxic Substances Control (DTSC), in consultation with relevant academic and research institutions, government agency, and educational institution, to form a workgroup related to exposure of toxic heavy metals after a wildfire. The bill would have required the workgroup to take certain actions, including establishing best practices and recommendations for wildfire-impacted communities and first responders to avoid exposure to heavy metals after a wildfire. The bill would have authorized CalFire to contract with public universities, research institutions, and other technical experts to support the work of the workgroup. The bill would have required CalFire, OES, and DTSC to report their findings to the Legislature by January 1, 2026. Held on suspense in the Senate Appropriations Committee.

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Summary

Would have prohibited, beginning January 1, 2032, a person from distributing, selling, or offering for sale a product that contains intentionally added perfluoroalkyl and polyfluoroalkyl substances (PFAS) unless the Department of Toxic Substances Control (DTSC) has made a determination that the use of PFAS in the product was a currently unavoidable use, the prohibition is preempted by federal law, or the product was previously used. The bill would have required DTSC to maintain on its website a list of each determination of currently unavoidable use, when each determination expires, and the products and uses that are exempt from the prohibition. The bill would have imposed an administrative penalty for a violation of the prohibition. The bill would have required DTSC, by January 1, 2027, to adopt regulations to carry out the provisions of the bill. Was held on suspense in the Senate Appropriations Committee.

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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

Would have authorized a person or entity to petition CARB to exempt intentionally added perfluoroalkyl and polyfluoroalkyl substances (PFAS) from the prohibition that bars, beginning January 1, 2025, a person or entity from manufacturing, selling, delivering, holding, or offering for sale in commerce any cosmetic product that contains intentionally added PFAS. The bill would have authorized CARB, in consultation with the State Water Resources Control Board, the Office of Environmental Health Hazard Assessment, and the Department of Toxic Substances Control, to exempt an intentionally added PFAS from that prohibition if CARB determined that the intentionally added PFAS meets specified qualifications. The bill also would have required the petitioner to provide specified information in their exemption petition to CARB, including the name of the intentionally added PFAS proposed for exemption, its intended end use, and its intended concentration in the proposed cosmetic product. Was not heard in the Assembly Environmental Safety and Toxic Materials Committee.

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Summary 

This bill requires the Department of Industrial Relations (DIR) and the California Workforce Development Board (CWDB) to create high road evaluation metrics and provide technical assistance to state agencies in their high road reporting requirements. Requires, by January 1, 2025, specified state agencies, including the California Air Resources Board (CARB) to enter into Memorandums of Understanding (MOUs) with the CWDB to incorporate high road evaluation metrics in the state agency’s procurement processes, contracts, and incentive programs. The bill also requires the MOUs to include advice and recommendations from CWDB to ensure state agency policies and regulated programs create or support high-quality jobs in the broadband, energy, resources, and transportation sectors and expand access to those jobs for priority populations through high-quality education and training.

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Governor’s Veto Message

To the Members of the California State Senate:

I am returning Senate Bill 822 without my signature.

This bill creates the lnteragency High Road Act and requires the Department of Industrial Relations (DIR) and the California Workforce Development Board [CWDB) to consult with stakeholders, including public input, on the development and evaluation of high road metrics. It also requires certain state agencies to enter into a memorandum of understanding (MOU) with the CWDB to incorporate high road evaluation metrics in the state agency's procurement processes, contracts, and incentive programs.

I strongly support efforts to maximize state and federal funding opportunities while delivering high quality jobs that increase opportunity for all communities and decrease disparities in historically disadvantaged areas. To further this work, I issued an Executive Order to accelerate clean infrastructure projects with an all-of-government strategy for planning and development and tracking progress toward equity goals that support disadvantaged communities - including good jobs. California's Infrastructure Strike Team is also driving collaboration across state agencies - including in the area of workforce training and development. Additionally, the Department of General Services and the Governor's Office of Business and Economic Development are supporting implementation of AB 2019 (2022), to advance equitable inclusion and utilization of small and diverse businesses in California's state procurement and contracting opportunities.

Additionally, I have signed several bills that ensure public contracting dollars are also investing in human infrastructure, including SB 150 that requires the Labor and Workforce Development Agency, Government Operations Agency, and the State Transportation Agency to convene relevant stakeholders and draft recommendations to ensure that investments maximize benefits to marginalized and disadvantaged communities. The recommendations are due by March 30, 2024.

It is advisable to allow time for those policies to be implemented before adding more requirements that may duplicate efforts.

For these reasons, I cannot sign this bill.

Sincerely,

Gavin Newsom

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Summary 

This bill extends deadlines for the California Geological Energy Management Division (CalGEM) in consultation with CARB, to complete posting data, conduct peer review, and post the results of a study of fugitive greenhouse gas, toxic air contaminant, and volatile organic compound emissions from idle, idle deserted, and abandoned wells in the State. The bill extends the deadlines for posting collected data and conducting peer review from 2022 to 2026 and for posting the results of the study to their website from 2023 to 2028. Finally, the bill extends the sunset for these provisions from 2024 to 2029.

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Summary 

Prohibits the establishment of new transformation or engineered municipal solid waste (EMSW) conversion facilities in the State until CalRecycle has determined that the State has achieved solid waste and organic waste policy goals for three consecutive years. Was not heard in the Assembly Appropriations Committee.

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Summary

Authorizes a person or entity to petition CARB to exempt prohibited, intentionally added perfluoroalkyl and polyfluoroalkyl substances (PFAS) from that prohibition. The bill authorizes CARB to, in consultation with the State Water Resources Control Board, the Office of Environmental Health Hazard Assessment, and the Department of Toxic Substances Control, exempt an intentionally added PFAS from that prohibition if CARB determines that the intentionally added PFAS meets specified qualifications. The bill also requires the petitioner to provide specified information in their exemption petition to CARB, including the name of the intentionally added PFAS proposed for exemption, its intended end use, and its intended concentration in the proposed cosmetic product. Was not heard in the Assembly Environmental Safety and Toxic Materials Committee.

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