Bill Text: CA AB1749 | 2021-2022 | Regular Session | Introduced

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Bill Title: Community emissions reduction programs: toxic air contaminants and criteria air pollutants.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Passed) 2022-09-16 - Chaptered by Secretary of State - Chapter 340, Statutes of 2022. [AB1749 Detail]

Download: California-2021-AB1749-Introduced.html

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CALIFORNIA LEGISLATURE— 2021–2022 REGULAR SESSION

Assembly Bill

No. 1749

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Introduced by Assembly Member Cristina Garcia

February 01, 2022

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An act to amend Section 44391.2 of, and to add Section 44391.5 to, the Health and Safety Code, relating to nonvehicular air pollution.

LEGISLATIVE COUNSEL'S DIGEST

AB 1749, as introduced, Cristina Garcia. Community Air Protection Blueprint: community emissions reduction programs: toxic air contaminants and criteria air pollutants.

Existing law requires the State Air Resources Board to prepare, and to update at least once every 5 years, a statewide strategy, known as the “Community Air Protection Blueprint” or “Blueprint,” to reduce emissions of toxic air contaminants and criteria air pollutants in communities affected by a high cumulative exposure burden. Existing law requires the state board to include in the statewide strategy, among other components, an assessment and identification of communities with high cumulative exposure burdens for toxic air contaminants and criteria air pollutants, prioritizing disadvantaged communities and sensitive receptor locations based on specified factors. Existing law requires the state board, based on the assessment and identification of communities with high cumulative exposure burdens, to select locations around the state for preparation of community emissions reduction programs. Existing law requires an air district encompassing any location selected by the state board to adopt a community emissions reduction program to achieve emissions reductions for the location selected using cost-effective measures, as specified, to submit the program to the state board for review and approval as prescribed, and to prepare an annual report summarizing the results and actions taken to further reduce emissions pursuant to the community emissions reduction program, among other things.

This bill would require the state board to identify in each statewide strategy update measures to reduce criteria air pollutants and toxic air contaminants in disadvantaged communities, as provided. The bill would require an air district encompassing a location selected by the state board for a community emissions reduction program to additionally include in its annual report a summary of updates to the program made to ensure consistency with the statewide strategy. By increasing the duties of air districts, this bill would impose a state-mandated local program.

This bill would prohibit a governmental agency from approving a project, as defined, if that project would contribute to an increase in criteria air pollutants or toxic air contaminants in a disadvantaged community unless the agency finds that the increased emissions caused by the project, together with the cumulative emissions from other sources impacting the disadvantaged community, will not cause or contribute to additional negative public health impacts on individuals living and working in the disadvantaged community. The bill would require a government agency that issues permits to stationary sources of criteria air pollutants or toxic air contaminants located in, or adjacent to, a disadvantaged community to make available in an easily identifiable location on the agency’s internet website all permits issued by the agency for those stationary sources. By increasing the duties of local governmental agencies, this bill would impose a state-mandated local program.

The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.

This bill would provide that with regard to certain mandates no reimbursement is required by this act for a specified reason.

With regard to any other mandates, this bill would provide that, if the Commission on State Mandates determines that the bill contains costs so mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above.

Digest Key

Vote: MAJORITY   Appropriation: NO   Fiscal Committee: YES   Local Program: YES  

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Bill Text

The people of the State of California do enact as follows:

SECTION 1.

 Section 44391.2 of the Health and Safety Code is amended to read:

44391.2.

 (a) For purposes of this section, the following provisions shall apply:

(1) “Disadvantaged community” means a community identified as disadvantaged pursuant to Section 39711.

(2) “Sensitive receptors” includes the same locations as specified in paragraph (5) of subdivision (a) of Section 42705.5.

(b) On or before October 1, 2018, the state board shall prepare, in consultation with the Scientific Review Panel on Toxic Air Contaminants, the districts, the Office of Environmental Health Hazard Assessment, environmental justice organizations, affected industry, and other interested stakeholders, a statewide strategy to reduce emissions of toxic air contaminants and criteria air pollutants in communities affected by a high cumulative exposure burden. The state board shall update the statewide strategy at least once every five years. In preparing the statewide strategy, the state board shall conduct at least one public workshop in each of the northern, central, and southern parts of the state. The statewide strategy shall include criteria for the development of community emission emissions reduction programs. The criteria presented in the state statewide strategy shall include, but are not limited to, all of the following:

(1) An assessment and identification of communities with high cumulative exposure burdens for toxic air contaminants and criteria air pollutants. The assessment shall prioritize disadvantaged communities and sensitive receptor locations based on one or more of the following: best available modeling information, existing air quality monitoring information, existing public health data based on consultation with the Office of Environmental Health Hazard Assessment, and the monitoring results obtained pursuant to Section 42705.5.

(2) A methodology for assessing and identifying the contributing sources or categories of sources, including, but not limited to, stationary and mobile sources, and an estimate of their relative contribution to elevated exposure to air pollution in impacted communities identified pursuant to paragraph (1).

(3) An assessment of whether a district should update and implement the risk reduction audit and emissions reduction plan developed pursuant to Section 44391 for any facility to achieve emission emissions reductions commensurate with its relative contribution, if the facility’s emissions either cause or significantly contribute to a material impact on a sensitive receptor location or disadvantaged community, based on any data available for assessment pursuant to paragraph (1) of subdivision (b) or other relevant data.

(4) An assessment of the existing and available measures for reducing emissions from the contributing sources or categories of sources identified pursuant to paragraph (2), including, but not limited to, best available control technology, as defined in Section 40405, best available retrofit control technology, as defined in Section 40406, and best available control technology for toxic air contaminants, as defined in Section 39666.

(c) (1) Based on the assessment and identification pursuant to paragraph (1) of subdivision (b), the state board shall select, concurrent with the statewide strategy, locations around the state for preparation of community emissions reduction programs. The state board shall select additional locations annually thereafter, as appropriate.

(2) Within one year of the state board’s selection, the district encompassing any location selected pursuant to this subdivision shall adopt, in consultation with the state board, individuals, community-based organizations, affected sources, and local governmental bodies in the affected community, a community emissions reduction program to achieve emissions reductions for the location selected using cost-effective measures identified pursuant to paragraph (4) of subdivision (b).

(3) The community emissions reduction programs shall be consistent with the state statewide strategy and include emissions reduction targets, specific reduction measures, a schedule for the implementation of measures, and an enforcement plan.

(4) The community emissions reduction programs shall be submitted to the state board for review and approval within 60 days of the receipt of the program. Programs that are rejected shall be resubmitted within 30 days. To the extent that a program, in whole or in part, is not approvable, the state board shall initiate a public process to discuss options for achievement of achieving an approvable program. Concurrent with the public process to achieve an approvable program, the state board shall develop and implement the applicable mobile source elements in the draft program to commence achievement of emission emissions reductions.

(5) The programs shall result in emissions reductions in the community, based on monitoring or other data.

(6) In implementing the program, the district and the state board shall be responsible for measures consistent with their respective authorities.

(7) A district encompassing a location selected pursuant to this subdivision shall prepare an annual report summarizing both of the results following:

(A) The results and actions taken to further reduce emissions pursuant to the community emissions reduction program.

(B) Updates to the community emissions reduction program made to ensure consistency with updates to the statewide strategy prepared pursuant to subdivision (b).

(8) Compliance with the a community emissions reduction program prepared pursuant to this section, including its implementation, shall be enforceable by the district and state board, as applicable.

(d) The state board shall provide grants to community-based organizations for technical assistance and to support community participation in the implementation of this section and Section 42705.5.

SEC. 2.

 Section 44391.5 is added to the Health and Safety Code, to read:

44391.5.

 (a) Each statewide strategy update developed by the state board pursuant to Section 44391.2, known as the “Community Air Protection Blueprint” or “Blueprint,” shall identify measures to reduce criteria air pollutants and toxic air contaminants in disadvantaged communities identified pursuant to Section 39711.

(b) Notwithstanding any other law, a governmental agency shall not approve or otherwise issue a permit for a project, as defined in Section 21065 of the Public Resources Code, if that project would contribute to an increase in criteria air pollutants or toxic air contaminants in a disadvantaged community identified pursuant to Section 39711, unless the governmental agency finds that the increased emissions caused by the project, together with the cumulative emissions from other sources impacting the disadvantaged community, will not cause or contribute to additional negative public health impacts on individuals living and working in the disadvantaged community.

(c) A governmental agency that issues permits to stationary sources of criteria air pollutants or toxic air contaminants located in, or adjacent to, a disadvantaged community identified pursuant to Section 39711 shall make available on an easily identifiable location on the agency’s internet website all permits issued by the agency for those stationary sources.

SEC. 3.

 No reimbursement is required by this act pursuant to Section 6 of Article XIII B of the California Constitution for certain costs that may be incurred by a local agency or school district because, in that regard, this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIII B of the California Constitution.

However, if the Commission on State Mandates determines that this act contains other costs mandated by the state, reimbursement to local agencies and school districts for those costs shall be made pursuant to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of the Government Code.