California Air Resources Board

Summary

Would have established a new regulatory structure at the Department of Toxic Substances Control (DTSC) for metal shredding facilities. The bill, among other things, would have required that any metal shredding facility permit action taken by DTSC consider the conclusions and recommendations set forth in a community emissions reduction program prepared by a local air district and any other health risk assessment conducted by a local air district pursuant to the Air Toxics “Hot Spots” Information and Assessment Act of 1987 or other applicable law. The bill would have required that, if an air quality health risk assessment had not been conducted, the owner or operator of the facility would have had to conduct an analysis of equivalent scope and depth as approved by the local air district.

View full bill text here  

Governor’s Veto Message

To the Members of the California State Senate:

I am returning Senate Bill 404 without my signature.

The bill would establish a comprehensive regulatory program for metal shredding facilities to be administered by the Department of Toxic Substances Control (DTSC) and would require metal shredding facilities to obtain a permit from DTSC.

I support the author's intent to create a uniform structure for permitting metal shredding facilities in California. These facilities are critical to maintaining supply chain stability, recycling millions of end-of-life vehicles, household appliances, and other metallic items produced, used, and discarded annually in California. Unless recycled, these metal materials would overwhelm available landfill capacity, creating a massive accumulation of damaged and abandoned cars, appliances, and other items.

However, this bill lacks clear definitions regarding the materials processed at these facilities, including what "hazardous waste" requirements are applicable. Without this clarity, this bill is not as protective, places a significant burden on DTSC, and cannot be successfully implemented.

I encourage the author to work closely with DTSC and interested parties to remedy this issue, as well as ensure that any future legislation requires metal shredding facilities operate, and be permitted to operate, in a health-protective manner.

For these reasons, I cannot sign this bill.

Sincerely,

Gavin Newsom

View Governor’s veto message here

Would have requiredCARB, on or before January 1, 2028, to publish on its website an assessment of the life-cycle emissions from alternative uses of forest and agricultural biomass residues. The bill also would have required CARB, on or before January 1, 2028, to complete a comprehensive strategy to support beneficial carbon removal products generated from agricultural or forest biomass resources, including, but not limited to, biochar, as specified. This bill also would have required the Department of Forestry and Fire Protection to require, as feasible, for State-funded forest health projects, a disposal plan describing how much biomass residue should be physically removed versus burned by prescribed burn. The bill also would have required the State Energy Resources Conservation and Development Commission to investigate the use of biomass fuel made from biomass residues, as specified.

View full bill text here

Governor’s Veto Message:

To the Members of the California State Senate:

I am returning Senate Bill 88 without my signature.

This bill would require the California Air Resources Board to develop specified methods and protocols to quantify the avoided emissions and beneficial uses of forest and agricultural biomass. This bill also would direct the Department of Forestry and Fire Protection to require forest health projects to include a resource disposal component, and the California Energy Commission to include biomass-derived low- and negative-carbon fuels in certain reports.

Throughout my Administration, I have been supportive of advancing methods and practices to sustainably address the growing amount of woody biomass waste in the state, primarily due to the risk it presents of exacerbating catastrophic wildfires. This is why my Administration, for years, has recommended and acted on strategies to address this challenge and risk.

While I applaud the authors' desire to further this work, most of the requirements in this bill are duplicative of existing efforts. At the same time, other provisions would trigger new and substantial costs at each of the affected agencies not accounted for in the 2025 Budget Act. In partnership with the Legislature this year, my Administration has enacted a balanced budget that recognizes the challenging fiscal landscape our state faces while maintaining our commitment to working families and our most vulnerable communities. With significant fiscal pressures and the federal government's hostile economic policies, it is vital that we remain disciplined when considering bills with significant fiscal implications that are not included in the budget, such as this measure.

For these reasons, I cannot sign this bill.

Sincerely,

Gavin Newsom

View Governor’s veto message here

Would have required the California Energy Commission (CEC), in coordination with the State Lands Commission, California State Transportation Agency (CalSTA) and CARB, to develop a plan by December 31, 2030, for the alternative fuel needs of oceangoing vessels at seaports that will enable the ports to meet their emission reduction goals. CARB would have been required to provide the CEC with information regarding OGV fuel types that comply with CARB's regulations. The bill also would have required the CEC to convene a working group, including CARB, to assist with the development of the information required by the plan, as specified.

View full bill text here

Governor’s Veto Message

To the Members of the California State Senate:

 I am returning Senate Bill 298 without my signature.

 This bill would require the California Energy Commission (CEC), in coordination with the State Lands Commission, California State Transportation Agency, and the California Air Resources Board (CARB), to develop a plan by December 31, 2030, for the alternative fuel needs of Ocean-Going Vessels (OGVs) at ports that will meet ports' emission reduction goals.

 As the nation's premier gateway for international trade, California's ports are an essential component of the nation's economy. I strongly support efforts to plan and deploy zero-emission infrastructure and technologies at our ports. This is why CARB has already begun the informal rulemaking phase for an OGV In-Transit Regulation to reduce harmful air pollution from OGVs while transiting, maneuvering, and anchoring in waters off the California coastline.

 Though well-intentioned, the plan required by this bill could complicate CARB 's active OGV In-Transit rulemaking and result in costs to the CEC's primary operating fund, which is currently facing an ongoing structural deficit, thus exacerbating the fund's structural imbalance. I encourage the supporters of this measure to work with CARB through its rulemaking process to collaboratively identify solutions for deploying alternative fuels at our ports.

 For these reasons, I cannot sign this bill.

 Sincerely,

Gavin Newsom

View Governor’s veto message here

Summary

Adds hydrogen production facilities and associated onsite storage and processing facilities that do not derive hydrogen from a fossil fuel feedstock, and that receive funding from specified State or federal government sources, to be eligible for centralized permitting and expedited review under the California Environmental Quality Act.

View full bill text here

Requires the Department of Transportation to establish the Advance Air Mobility and Aviation Electrification Advisory Panel (Advisor Panel) to assess infrastructure readiness, prepare a three-year workplan, and assess pathways to equity of access for advanced air mobility. The bill requires the Department of Transportation to appoint members of the panel, including representatives from CARB, the Governor’s Office of Planning and Research, specified industry sectors, and local governments. The bill requires the Department of Transportation to issue a report by January 1, 2025, to the Legislature on infrastructure feasibility and the three-year workplan. The bill's provisions sunset January 1, 2026.

View full bill text here

Would have clarified that incidental and unintentional expulsion of residual oil from injection of carbon dioxide fluid as part of a carbon capture and sequestration project shall not be considered enhanced oil recovery and would have prohibited the sale or trade of that residual oil. Did not receive a vote in the Assembly Natural Resources Committee.

View full bill text here

Requires the Department of Housing and Community Development, by Jan 1, 2028, to conduct a study, in consultation with CARB and other State, local and industry entities, on the use of vehicle miles traveled (VMT) as a metric for transportation impacts in housing developments pursuant to the California Environmental Quality Act (CEQA). The study must include analysis of the implementation and outcomes of CEQA VMT guidance as it pertains to housing and how VMT impacts and mitigation measures are identified, measured, deployed and available at the local, regional, and statewide level and in rural, suburban, and urban areas, among other topics. Implementation is contingent upon appropriation, as specified.

View full bill text here

Summary 

Requires the Department of Transportation to establish the Advance Air Mobility and Aviation Electrification Advisory Panel (Advisor Panel) to assess infrastructure readiness, prepare a three-year workplan, and assess pathways to equity of access for advanced air mobility. The bill requires the Department of Transportation to appoint members of the panel, including representatives from CARB, the Governor’s Office of Planning and Research, specified industry sectors, and local governments. The bill requires the Department of Transportation to issue a report by January 1, 2025, to the Legislature on infrastructure feasibility and the three-year workplan. The bill's provisions sunset January 1, 2029.

View full bill text here

Summary 

Clarifies that incidental and unintentional expulsion of residual oil from injection of carbon dioxide fluid as part of a carbon capture and sequestration project shall not be considered enhanced oil recovery and prohibits the sale or trade of that residual oil. Did not receive a vote in the Assembly Natural Resources Committee.

View full bill text here

Summary 

Removes the requirement for public agencies to issue CEQA’s existing Statement of Overriding Concern for traffic only, when approving or carrying out a housing development project, as defined, a commercial project, or an industrial project. Hearing in the Senate Environmental Quality Committee canceled at the author's request.

View full bill text here