Bill Text: CA AB914 | 2025-2026 | Regular Session | Amended
Bill Title: Air pollution: indirect sources.
Sponsorship: Partisan Bill (Democrat 1)
Status: (Failed) 2026-02-02 - Died on inactive file. [AB914 Detail]
Download: California-2025-AB914-Amended.html
|
Amended
IN
Assembly
May 23, 2025 |
|
Amended
IN
Assembly
March 24, 2025 |
CALIFORNIA LEGISLATURE—
2025–2026 REGULAR SESSION
Assembly Bill
No. 914
| Introduced by Assembly Member Garcia |
February 19, 2025 |
An act to amend Sections 39602.5 and 39666 of, and to add Sections 39034.5 and 39607.2 to, and to add Article 7 (commencing with Section 39676) to Chapter 3.5 of Part 2 of Division 26 of, and 39607.2 to, the Health and Safety Code, relating to air pollution.
LEGISLATIVE COUNSEL'S DIGEST
AB 914, as amended, Garcia.
Air pollution: indirect sources: toxic air contaminants. sources.
Existing law generally designates the State Air Resources Board as the state agency with the primary responsibility for the control of vehicular air pollution, and air pollution control districts and air quality management districts with the primary responsibility for the control of air pollution from all sources other than vehicular sources. Existing law authorizes air districts to adopt and implement regulations to reduce or mitigate emissions from indirect sources of air pollution. Existing law authorizes an air district to adopt a schedule of fees to be assessed on indirect sources of emissions to recover the costs of district programs related to these sources.
Existing law requires the state board to adopt rules and regulations relating to vehicular emissions standards, as specified, that will achieve the ambient air quality standards required by federal law in conjunction with other measures adopted by the state board, air districts, and the United States Environmental Protection Agency.
This bill would require the state board board, if necessary to carry out that duty to achieve those ambient air quality standards, to adopt and enforce rules and regulations applicable to indirect sources of emissions, as specified. If the state board elects to exercise that authority, the
emissions. The bill would require the state board to establish a schedule of fees on facilities and mobile sources to cover the reasonable costs of implementing and enforcing the regulations and would require the fees to be deposited in the Air Pollution Control Fund and made available to the state board upon appropriation by the Legislature. The bill would require each air district, no later than 120 days after the adoption by the state board of indirect source regulations, to determine if the district or the state board will implement and enforce those regulations within its jurisdiction, as specified. The bill would require the state board to establish a statewide reporting program to quantify emissions and annually collect related information from indirect
sources of emissions. annually prepare a presentation on the impacts and effects of any indirect source regulations that it adopts and to post that presentation on its internet website.
Existing law requires the state board to identify toxic air contaminants that are emitted into the ambient air of the state and to adopt airborne toxic control measures to reduce emissions of toxic air contaminants. Existing law also requires the state board to designate any substance that is listed as a hazardous air pollutant under federal law as a toxic air contaminant and to establish airborne toxic control measures applicable to the substance in accordance with specified procedures.
This bill would authorize the state board to assess and collect reasonable fees on emitters of toxic air contaminants. The bill would require the fees to be deposited in the Certification and Compliance Fund and made available for the regulation of toxic air contaminants upon appropriation by the Legislature.
require the state board, for a given toxic air contaminant or airborne toxic control measure, to adopt and enforce rules and regulations applicable to indirect sources of emissions. The bill would require the state board to establish a schedule of fees on facilities and mobile sources to cover the reasonable costs of implementing and enforcing the regulations and would require the fees to be deposited in the Air Pollution Control Fund and made available to the state board upon appropriation by the Legislature.
Existing law makes any violation of a rule or regulation of the state board relating to nonvehicular air pollution control a misdemeanor.
Because a violation of these rules or regulations of the state board with respect to nonvehicular sources subject to those rules and regulations 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.
Digest Key
Vote: MAJORITY Appropriation: NO Fiscal Committee: YES Local Program: YESBill Text
The people of the State of California do enact as follows:
SECTION 1.
(a) The Legislature finds and declares all of the following:(1) Decades of policy leadership has improved air quality and public health for tens of millions of Californians, and beyond.
(2) California is home to the most difficult remaining air pollution challenges in the United States.
(3) The American Lung Association consistently ranks California cities as the most polluted in the nation for ozone and particulate pollution.
(4) The
transportation sector is the dominant source of ozone-forming emissions and diesel particulate matter in California.
(5) Transportation-related air pollution is associated with premature death, death due to cardiovascular disease, death due to lung cancer, onset of asthma in children and adults, and other health emergencies.
(6) Millions of Californians face increased risk due to preexisting health conditions exacerbated by exposure to harmful air pollution, including communities of color and lower income communities.
(7) Communities nearest major hubs of freight activities, including ports, rail yards,
railyards, warehouses, and major roadways bear a disproportionate burden of harmful, toxic emissions.
(8) Air quality control districts and air quality management districts have authority under Section 40716 of the Health and Safety Code to reduce or mitigate emissions from indirect sources of air pollution.
(9) Emissions attributable to indirect sources include criteria pollutants, toxic air contaminants, and greenhouse gases.
(10) Indirect sources often attract mobile sources of pollution from across the state and across the state border. These air pollutants do not respect district boundaries.
(b) For the reasons stated in
subdivision (a), it is the intent of the Legislature that the State Air Resources Board take a more active role in regulating these indirect sources.
SEC. 2.
Section 39034.5 is added to the Health and Safety Code, to read:39034.5.
“Indirect source” has the same meaning as set forth in Section 7410(a)(5)(C) of Title 42 of the United States Code.SEC. 3.
Section 39602.5 of the Health and Safety Code is amended to read:39602.5.
(a) The state board shall adopt rules and regulations pursuant to Section 43013 that, in conjunction with other measures adopted by the state board, the districts, and the United States Environmental Protection Agency, will achieve ambient air quality standards required by the federal Clean Air Act (42 U.S.C. Sec. 7401 et seq.) in all areas of the state by the applicable attainment date, and to maintain these standards thereafter. The state board shall adopt these measures if they are necessary, technologically feasible, and cost effective, consistent with Section 43013.(b) If necessary to carry out its duties under this section, the state board
shall adopt and enforce rules and regulations that anticipate the development of new technologies or the improvement of existing technologies. The rules and regulations shall require standards that the state board finds and determines can likely be achieved by the compliance date set forth in the rule.
(c) If necessary to carry out its duties under this section, the state board shall adopt and enforce rules and regulations applicable to indirect sources of emissions. In doing so, the state board shall do all of the following:
(1) Consult with affected districts to ensure that any state regulation supports district emission reduction needs.
(2) Establish a schedule of fees on facilities and mobile sources limited in amount
to cover only the reasonable costs of implementing and enforcing the regulations. Fees collected pursuant to this paragraph shall be deposited in the Air Pollution Control Fund and made available to the state board for those purposes upon appropriation by the Legislature.
(3) Eliminate or minimize impacts to disadvantaged, low-income, and high-poverty communities.
(4) Prioritize controls for indirect sources that have the most significant impact on air quality in the state or contribute to high-level, localized concentrations of pollutants in disadvantaged, low-income, and high-poverty communities.
(d) Not later than 120 days after the adoption by the state
board of indirect source regulations pursuant to this section, each district shall determine if the district or the state board will implement and enforce those regulations within its jurisdiction. If the district elects to implement and enforce a statewide indirect source regulation, it may propose regulations enacting those measures within its jurisdiction and shall do so not later than six months following the state board’s adoption of an indirect source regulation. The district may, at any time and at its option, adopt and enforce more stringent indirect source regulations than the regulations adopted by the state board.
The state board shall establish a statewide reporting program to quantify emissions and annually collect related information from indirect sources of emissions, including data from on-road and off-road mobile sources that visit those sources, but are not owned or operated by those sources.
SEC. 4.
Section 39607.2 is added to the Health and Safety Code, to read:39607.2.
The state board shall annually prepare a presentation on the impacts and effects of any indirect source regulations that it adopts. The state board shall post the presentation on its internet website.SEC. 5.
Section 39666 of the Health and Safety Code is amended to read:39666.
(a) Following a noticed public hearing, the state board shall adopt airborne toxic control measures to reduce emissions of toxic air contaminants from nonvehicular sources.(b) For toxic air contaminants for which the state board has determined, pursuant to Section 39662, that there is a threshold exposure level below which no significant adverse health effects are anticipated, the airborne toxic control measure shall be designed, in consideration of the factors specified in subdivision (b) of Section 39665, to reduce emissions sufficiently so that the source will not result in, or contribute to, ambient levels at or in excess of the level that may cause
or contribute to adverse health effects as that level is estimated pursuant to subdivision (c) of Section 39660.
(c) For toxic air contaminants for which the state board has not specified a threshold exposure level pursuant to Section 39662, the airborne toxic control measure shall be designed, in consideration of the factors specified in subdivision (b) of Section 39665, to reduce emissions to the lowest level achievable through application of best available control technology or a more effective control method, unless the state board or a district board determines, based on an assessment of risk, that an alternative level of emission reduction is adequate or necessary to prevent an endangerment of public health.
(d) Not later than 120 days after the adoption or implementation by
the state board of an airborne toxic control measure pursuant to this section or Section 39658, the districts shall implement and enforce the airborne toxic control measure or shall propose regulations enacting airborne toxic control measures on nonvehicular sources within their jurisdiction that meet the requirements of subdivisions (b), (c), and (e), except that a district may, at its option, and after considering the factors specified in subdivision (b) of Section 39665, adopt and enforce equally effective or more stringent airborne toxic control measures than the airborne toxic control measures adopted by the state board. A district shall adopt rules and regulations implementing airborne toxic control measures on nonvehicular sources within its jurisdiction in conformance with subdivisions (b), (c), and (e), not later than six months following the adoption of airborne toxic control
measures by the state board.
(e) District new source review rules and regulations shall require new or modified sources to control emissions of toxic air contaminants consistent with subdivisions (b), (c), and (d) and Article 2.5 (commencing with Section 39656).
(f) Where an airborne toxic control measure requires the use of a specified method or methods to reduce, avoid, or eliminate the emissions of a toxic air contaminant, a source may submit to the district an alternative method or methods that will achieve an equal or greater amount of reduction in emissions of, and risk associated with, that toxic air contaminant. The district shall approve the proposed alternative method or methods if the operator of the source demonstrates that the method is, or the methods are, enforceable,
that equal or greater amounts of reduction in emissions and risk will be achieved, and that the reductions will be achieved within the time period required by the applicable airborne toxic control measure. The district shall revoke approval of the alternative method or methods if the source fails to adequately implement the approved alternative method or methods or if subsequent monitoring demonstrates that the alternative method or methods do not reduce emissions and risk as required. The district shall notify the state board of any action it proposes to take pursuant to this subdivision. This subdivision is operative only to the extent it is consistent with the federal act.
(g) For a given toxic air contaminant or airborne toxic control measure, the state board shall adopt and enforce rules and regulations applicable to indirect sources of
emissions. In doing so, the state board shall do all of the following:
(1) Consult with affected districts to ensure that any state regulation supports district emission reduction needs.
(2) Establish a schedule of fees on facilities and mobile sources limited in amount to cover only the reasonable costs of implementing and enforcing the regulations. Fees collected pursuant to this paragraph shall be deposited in the Air Pollution Control Fund and made available to the state board for those purposes upon appropriation by the Legislature.
(3) Prioritize controls for indirect sources that have the most significant impact on air quality in the state or contribute to high-level, localized concentrations of pollutants in
disadvantaged, low-income, and high-poverty communities.
(a)The state board may assess and collect reasonable fees on emitters of toxic air contaminants.
(b)Revenue collected pursuant to this article shall be expended to carry out responsibilities authorized by this chapter, including, but not limited to, any of the following:
(1)Developing new, and amending existing, airborne toxic control measures.
(2)Developing new, and amending existing, emission reduction measures for on-road and nonroad sources.
(3)Implementing and enforcing airborne toxic control measures and emission reduction measures for on-road and nonroad sources.
(4)Identifying, quantifying, inventorying, monitoring, evaluating, and reducing emissions of toxic pollutants in communities across the state, as determined to be necessary by the state board.
(c)Fees collected pursuant to this article shall be limited to an amount sufficient to cover the state board’s reasonable costs in developing and implementing the programs authorized by this chapter, including any administrative costs, and may be adjusted by the annual change in the California Consumer Price Index, as determined pursuant to Section 2212 of the Revenue and Taxation Code, for the preceding year.
(d)Fees collected by the state board pursuant to this section shall be deposited in the Certification and Compliance Fund and shall be available upon appropriation by the Legislature for
purposes specified in this chapter.
