Bill Text: CA AB254 | 2019-2020 | Regular Session | Amended

NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Warewashing machines: water reuse.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Engrossed) 2019-07-09 - In committee: Set, second hearing. Hearing canceled at the request of author. [AB254 Detail]

Download: California-2019-AB254-Amended.html

Amended  IN  Assembly  March 06, 2019

CALIFORNIA LEGISLATURE— 2019–2020 REGULAR SESSION

Assembly Bill No. 254


Introduced by Assembly Member Quirk-Silva

January 23, 2019


An act to amend Section 9147.10 of the Government Code, and to add Section 43871 to the Health and Safety Code, relating to vehicular air pollution. An act to add Section 114194 to the Health and Safety Code, relating to retail food facilities.


LEGISLATIVE COUNSEL'S DIGEST


AB 254, as amended, Quirk-Silva. Alternative fuel vehicles: flexible fuel vehicles. Warewashing machines: water reuse.
Existing law, the California Retail Food Code, generally establishes health and sanitation standards for various types of retail food businesses, and requires the State Department of Public Health to regulate these businesses and local agencies to enforce these requirements. The code requires warewashing sinks that discharge liquid waste to be drained by means of indirect waste pipes and all wastes drained by the warewashing sink to discharge through an airgap into a floor sink or other approved type of receptor, with specified exceptions. A violation of any provision of the code is generally a misdemeanor.
This bill would authorize water from a warewashing machine to be reused on the same warewashing machine if an attendant is on site to control the reuse of the water and a written disclosure notice is posted, as specified. By imposing conditions on the reuse of water from a warewashing machine, the violation of which would be a crime, 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 no reimbursement is required by this act for a specified reason.

(1)Existing law creates the Joint Legislative Committee on Climate Change Policies and requires the committee to ascertain facts and make recommendations to the Legislature and to committees of the Legislature concerning the state’s programs, policies, and investments related to climate change, as specified.

This bill would authorize the joint committee to recommend that the State Air Resources Board provide education and support to local governments regarding specific components of local government climate action plans, such as ensuring the use of E85 in flexible fuel vehicles, expanding infrastructure for zero-emission vehicles, and enabling active transportation.

(2)Existing law requires the State Energy Resources Conservation and Development Commission, in partnership with the State Air Resources Board, and in consultation with specified state agencies, to develop and adopt a state plan to increase the use of alternative fuels, as defined.

This bill would require the state board, no later than April 1, 2020, to develop a simple, factual summary on the distribution of E85 and flexible fuel vehicle registrations, as specified; to provide that summary to the United States Environmental Protection Agency; and to post that summary on the state board’s internet website. The bill would require the state board to develop policy recommendations to maximize the use of E85 in flexible fuel vehicles that operate in the state and to consider adopting those policy recommendations at a board meeting no later than October 1, 2020.

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

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


SECTION 1.

 Section 114194 is added to the Health and Safety Code, to read:

114194.
 Notwithstanding any other law, water from a warewashing machine may be reused on the same warewashing machine if both of the following conditions are met:
(a) An attendant is on site to control the reuse of the water.
(b) A written disclosure notice is posted on the machine stating that the reused water is not for drinking.

SEC. 2.

  No reimbursement is required by this act pursuant to Section 6 of Article XIII B of the California Constitution because the only costs that may be incurred by a local agency or school district will be incurred because 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.
SECTION 1.

The Legislature finds and declares all of the following:

(a)Low-carbon transportation fuels are an important element of the state’s greenhouse gas emissions reduction policy.

(b)E85 is a low-carbon transportation fuel typically constituted in California of 83 percent ethanol and 17 percent gasoline.

(c)The use of E85 enables the state to utilize more low-carbon fuels and facilitates the fulfillment of state policy objectives, including greenhouse gas emissions reduction, petroleum use reduction, fuel diversification, cost savings to consumers, and a reduction in the carbon intensity of transportation fuels.

(d)E85 can only be utilized in flexible fuel vehicles. Flexible fuel vehicles are manufactured to run on conventional gasoline as well as E85.

(e)California has supported the use of flexible fuel vehicles as a measure to reduce greenhouse gas emissions and dependence on petroleum.

(f)Through the Alternative and Renewable Fuel and Vehicle Technology Program (Article 2 (commencing with Section 44272) of Chapter 8.9 of Part 5 of Division 26 of the Health and Safety Code), the state has awarded $13,700,000 to develop a robust network of E85 fueling stations that can deliver E85 to flexible fuel vehicles.

(g)This network of E85 fueling stations has proven economically sustainable and is currently delivering significant greenhouse gas emissions and petroleum reductions to the state and significant cost savings to consumers.

(h)This network of E85 fueling stations increased sales of E85 between 2012 and 2017, demonstrating there are strong opportunities to achieve additional greenhouse gas emissions reductions.

(i)This network of E85 fueling stations includes many stations located in disadvantaged communities, where E85 is currently locally providing greenhouse gas emissions reductions at significant cost savings compared to conventional gasoline.

(j)Due to the lack of an integrated E85 and flexible fuel vehicle policy, United States automakers are currently phasing down the sale of flexible fuel vehicle models in California.

(k)To reverse the decline of flexible fuel vehicles available to consumers and local and state government fleets, a state flexible fuel policy is necessary.

SEC. 2.Section 9147.10 of the Government Code is amended to read:
9147.10.

(a)The Joint Legislative Committee on Climate Change Policies is hereby created. The committee shall ascertain facts and make recommendations to the Legislature concerning the state’s programs, policies, and investments related to climate change. Those recommendations shall be shared with other appropriate legislative standing committees, including the Assembly Committee on Budget and the Senate Committee on Budget and Fiscal Review.

(b)The joint committee shall consist of at least three Members of the Senate and at least three Members of the Assembly who shall be selected in the manner provided for in the Joint Rules of the Senate and Assembly. The membership shall reflect the perspectives of multiple standing committees.

(c)The chair of the State Air Resources Board shall annually appear before the joint committee to present the state board’s annual informational report on the reported emissions of greenhouse gases, criteria pollutants, and toxic air contaminants from all sectors covered by the scoping plan, as required pursuant to subdivision (b) of Section 38531 of the Health and Safety Code. This presentation may be done at a hearing that is held jointly with the relevant Assembly and Senate standing committees.

(d)In recognition of the technical complexity involved in reviewing the state’s climate policies, the joint committee may establish a panel of experts to provide an independent analysis of the state’s policies to better inform the joint committee’s recommendations.

(e)The joint committee may recommend that the State Air Resources Board provide education and support to local governments regarding specific components of local government climate action plans, such as ensuring the use of E85 in flexible fuel vehicles, expanding infrastructure for zero-emission vehicles, and enabling active transportation.

SEC. 3.Section 43871 is added to the Health and Safety Code, to read:
43871.

(a)(1)No later than April 1, 2020, the state board shall develop a simple, factual summary that includes both of the following:

(A)E85 distribution data from calendar years 2012 to 2017, inclusive, as reported to the state board.

(B)Existing Department of Motor Vehicles data on the number of flexible fuel vehicles registered in 2017 and 2018.

(2)To facilitate the calculation of an accurate E85 usage rate in flexible fuel vehicles registered in the state for model year 2020 and subsequent years, the state board shall do both of the following with the simple, factual summary:

(A)Convey it in an official written communication to the Administrator of the United States Environmental Protection Agency.

(B)Post it on the state board’s internet website.

(b)The state board shall develop policy recommendations to maximize the use of E85 in flexible fuel vehicles that operate in the state. The state board shall consider adopting those policy recommendations at a board meeting no later than October 1, 2020.

(c)(1)It is the intent of the Legislature that this section result in the state board developing policies that do not include the subsidizing of the production, distribution, or use of E85 or for the purchase of flexible fuel vehicles.

(2)This section shall not prohibit the state board from promulgating a rulemaking authorized pursuant to another state law on the subsidizing of the production, distribution, or use of E85 or on the purchase of flexible fuel vehicles.

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