California Air Resources Board

Summary

Would have created the Environmental Justice Community Resilience Hubs Program (Program) and would have funded the Program by redirecting 5 percent of electrical corporation allocated allowance auction proceeds received under the Cap-and-Trade Program from annual climate credits that are currently provided to residential ratepayers. The Program would have funded building upgrade projects for owners of critical community institutions through competitive grants run by electrical corporations and administered by a third-party administrator. Was not heard in the Assembly Appropriations Committee.

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Summary

Would have required CARB, by January 1, 2024, to develop a tool to calculate the average annual gallons of gasoline or diesel that a particular vehicle has used and ensure, when administering incentive programs for light-duty zero-emission vehicles, including but not limited to the Clean Vehicle Rebate Project, Clean Cars 4 All, and the Clean Vehicle Assistance program, that incentives awarded under applicable programs be awarded based on the average annual gallons of gasoline or diesel that the applicant’s vehicle consumed. The bill also would have required incentive amounts to be set at a level that maximizes the displacement of gasoline or diesel and the reduction of emissions criteria pollutants per dollar spent. Additionally, the bill would have required, in order to ensure equity is prioritized, that incentive amounts be further modified to ensure that additional per gallon incentive payments are provided to an applicant of a ZEV incentive program if the applicant is either low or moderate income or resides in an under-resourced community. Finally, the bill also would have required, by January 1, 2024 and biennially afterwards, a legislatively mandated report that includes: (1) Actual gasoline or diesel and criteria emissions reduced per dollar spent on ZEV incentives under applicable programs; (2) The impacts of ZEV incentive spending in terms of quantifiable emissions reductions and transportation savings within under-resourced communities and among low- to middle-income individuals; and (3) The changes in annual gasoline and diesel use at local levels by census tract or ZIP Code. Held on suspense in the Assembly Appropriations Committee.

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Summary

Would have set a goal that at least 60 percent of new zero-emission passenger vehicles (ZEV) sold in the State for noncommercial private use be purchased by, or on behalf of persons from, an underrepresented community as defined by the bill. The bill also stated that this goal should supersede any other ZEV goals. Additionally, the bill would have prohibited CARB from pursuing strategies to implement any goal for zero-emission passenger vehicle sales established by statute or executive order unless those strategies are also designed to achieve the zero-emission vehicle equity goal established by this bill simultaneously. Was not heard in Assembly Transportation 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, 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 State agency that receives and disburses funds provided under the American Rescue Plan (ARP) Act or other federal recovery funds to consider projects’ potential impact on specified goals, including restoring frontline communities and rapidly accelerating achievement of environmental justice and climate goals, as well as uplifting vulnerable workers by prioritizing high road employers. The bill would have required State agencies to document how proposed projects meet or align with the specified goals and requires the Labor and Workforce Development Agency to establish an internet website where the public can track the expenditure of federal ARP funds by the State and how funded projects meet the specified goals. Was not heard in Senate Governmental Organization Committee.

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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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Summary

Would have required CARB to undertake specified interventions if the San Joaquin Valley Air Pollution Control District (SJVAPCD) remains in nonattainment for a national ambient air quality standard (NAAQS). These interventions would have included developing a program, rules, or regulations that CARB deems necessary for SJVAPCD to attain NAAQS after a public hearing on CARB’s review of the SJVAPCD attainment plan, rules, regulations, programs, and enforcement practices. This bill also would have required CARB to coordinate with SJVAPCD to provide additional monitoring and enforcement for stationary sources and conduct outreach to under-resourced communities.

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Governor’s Veto Message

To the Members of the California State Assembly:

I am returning Assembly Bill 2550 without my signature.

This bill requires the California Air Resources Board (CARB) to intervene and undertake specified activities if the San Joaquin Valley Air Pollution Control District does not attain the National Ambient Air Quality Standards (NAAQS) established by the United States Environmental Protection Agency.

My Administration is committed to ensuring that the San Joaquin Valley is on a path to attainment of the NAAQS. Statute already allows CARB to reject a local air district's State Implementation Plan element if CARB finds, after a public hearing, that it does not meet the requirements of the Clean Air Act, including if the plan will not provide attainment by the deadline. As such, this bill is unnecessary.

Sincerely,

Gavin Newsom

View Governor’s veto message here

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. Was not heard in the Assembly Natural Resources Committee.

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Summary

Encourages the State and its agencies to consult on a government-to-government basis with federally recognized, and consult with nonfederally recognized tribes and tribal organizations, in order to allow tribal officials the opportunity to provide meaningful input in the development of policies, processes, programs, and projects that have tribal implications. The bill requires designated State officials to complete by January 1, 2025 specified training that includes training elements on tribal sovereignty, jurisdiction, form, and sacred sites.

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