Bill Text: CA SB1193 | 2023-2024 | Regular Session | Amended

California Senate Bill 1193

Bill Title: Airports: leaded aviation gasoline.

Spectrum: Partisan Bill (Democrat 2-0)

Status: (Introduced) 2024-04-22 - Set for hearing April 29. [SB1193 Detail]

Download: California-2023-SB1193-Amended.html

Amended IN Senate April 11, 2024

CALIFORNIA LEGISLATURE— 2023–2024 REGULAR SESSION

Senate Bill

No. 1193

Introduced by Senator Menjivar
(Principal coauthor: Senator Stern)

February 14, 2024

An act to add Chapter 8 (commencing with Section 21710) to Part 1 of Division 9 of the Public Utilities Code, relating to aviation.

LEGISLATIVE COUNSEL'S DIGEST

SB 1193, as amended, Menjivar. Airports: leaded aviation gasoline.

Existing law, the State Aeronautics Act, governs various matters relative to aviation in the state, and authorizes the Department of Transportation to adopt, administer, and enforce rules and regulations for the administration of the act. Under existing law, a violation of the State Aeronautics Act is a crime.

This bill would prohibit an airport operator or aviation retail establishment, as defined, from selling, distributing, or otherwise making available leaded aviation gasoline to consumers, consistent with a specified timeline, as provided. The bill would exempt an airport operator or aviation retail establishment from that prohibition if the board of supervisors of the county in which the point of sale occurs has made a final, written determination supported by clear and convincing evidence, after a noticed public hearing, that an unleaded aviation replacement fuel is not commercially available in the county. The bill would authorize an airport operator or aviation retail establishment to make a written request to the board of supervisors of a county to make the above determination, as provided.

This bill would require the department, in consultation with the State Department of Public Health and the California Environmental Protection Agency, to identify best management practices for reducing public health and environmental exposures to lead associated with airport operations. The bill would require the department, on or before July 1, 2025, to publish on its internet website initial guidance for airport operators regarding best airport operating practices to minimize environmental and public health impacts of lead exposure. The bill would require the department to publish updated guidance on or before July 1, 2026, as specified.

This bill would require each airport operator, on or before November 1, 2025, to submit to the department, and begin implementing, a plan to implement the best practices identified by the department to minimize environmental impacts and public health risks associated with leaded aviation gasoline use at airports. The bill would require each airport operator, by December 1, 2026, and each December 1 thereafter, to provide a status report to the department regarding its implementation of the plan, including the status of planning and investments to facilitate the supply of unleaded aviation ~~gasoline~~ replacement fuel at the airport, except as specified. The bill would require the department, in consultation with the State Department of Public Health and the California Environmental Protection Agency, to offer technical assistance to each airport operator that has not submitted a plan, or that does not implement the plan submitted to the department in the manner described in the plan.

This bill would provide that a person in violation of the prohibition on selling, distributing, or otherwise making available leaded aviation gasoline to consumers is subject to a civil penalty of up to $1,000 per day that leaded aviation gasoline was sold, distributed, or supplied. The bill would provide that a person who remains in violation of the requirements to submit a plan or status report to the department 30 days after the offer of technical assistance by the department is subject to a civil penalty of up to $1,000 per day of continued noncompliance. The bill would also make its provisions severable.

Because the above provisions would be a part of the State Aeronautics Act, the 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.

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

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

SECTION 1.

Chapter 8 (commencing with Section 21710) is added to Part 1 of Division 9 of the Public Utilities Code, to read:

CHAPTER 8. Leaded Aviation Gasoline

21710.
~~(a)An airport operator or aviation retail establishment shall not sell, distribute, or otherwise make available leaded aviation gasoline to consumers consistent with the following timeline:~~
~~(1)Beginning January 1, 2026, for airports and aviation retail establishments located in or adjacent to either of the following:~~
~~(A)A disadvantaged community, as identified pursuant to Section 39711 of the Health and Safety Code.~~
~~(B)A city with a population of at least 700,000 as of January 1, 2024, as determined using the latest official estimate published by the Department of Finance.~~
~~(2)Beginning January 1, 2028, for airports and aviation retail establishments located in or immediately adjacent to an urban growth boundary.~~
~~(3)Beginning January 1, 2030, for all other airports and aviation retail establishments.~~
~~(b)For purposes of this section, “aviation~~

21710.

For purposes of this chapter, the following definitions apply:

(a) “Aviation retail establishment” means any public or private entity that sells aviation gasoline, or offers or otherwise makes available aviation gasoline to a customer, including other businesses or government entities, for use in this state.

(b) “Commercially available” means sufficient prime suppliers are willing to transport the fuel to aviation retail establishments and airport operators, and sufficient quantities are available to reasonably meet the aviation needs in the county.
(c) “Prime supplier” means a firm that produces, imports, or transports selected petroleum products across state boundaries and local marketing areas, and sells the product to local distributors, local retailers, or end users.
(d) “Unleaded aviation replacement fuel” means an unleaded aviation gasoline that meets both of the following criteria:
(1) It has been authorized for use by the Administrator of the Federal Aviation Administration as a replacement for 100-octane low lead aviation gas for use in nearly all spark ignition aircraft and engine models.
(2) It meets either an industry consensus standard or other standard that facilitates the safe use, production, and distribution of that unleaded aviation gasoline.

21711.
(a) Except as specified in subdivision (b), an airport operator or aviation retail establishment shall not sell, distribute, or otherwise make available leaded aviation gasoline to consumers consistent with the following timeline:
(1) Beginning January 1, 2027, for airports and aviation retail establishments located in or adjacent to either of the following:
(A) A disadvantaged community, as identified pursuant to Section 39711 of the Health and Safety Code.
(B) A city with a population of at least 700,000 as of January 1, 2024, as determined using the latest official estimate published by the Department of Finance.
(2) Beginning January 1, 2028, for airports and aviation retail establishments located in or immediately adjacent to an urban growth boundary.
(3) Beginning January 1, 2030, for all other airports and aviation retail establishments.
(b) (1) Subdivision (a) does not apply to an airport operator or aviation retail establishment if the board of supervisors of the county in which the point of sale occurs has made a final, written determination supported by clear and convincing evidence, after a noticed public hearing, that an unleaded aviation replacement fuel is not commercially available in the county.
(2) A determination made pursuant to paragraph (1), and any subsequent determination, is valid for one year.
(c) (1) An airport operator or aviation retail establishment may make a written request to the board of supervisors of a county to make a determination pursuant to subdivision (b).
(2) The board of supervisors may establish a fee schedule that sets forth the fees to be paid by an applicant that makes a request pursuant to paragraph (1) for the county to recover the reasonable costs incurred in making a determination pursuant to subdivision (b).
(3) The board of supervisors shall consider all evidence submitted by the applicant and any other interested parties when making a determination pursuant to subdivision (b).

21711.21712.

(a) The department, in consultation with the State Department of Public Health and the California Environmental Protection Agency, and using all available information, shall identify best management practices for reducing public health and environmental exposures to lead associated with airport operations.

(b) On or before July 1, 2025, the department shall publish on its internet website initial guidance for airport operators regarding best airport operating practices to minimize environmental and public health impacts of lead exposure. The department shall publish updated guidance on or before July 1, 2026, and may periodically review and update its guidance thereafter.

(c) In developing the guidance pursuant to subdivision (b), the department shall consider including measures to address all of the following:

(1) Managing runup practices, including by increasing the distance between runup areas and public areas on or off the airport, or increasing the size of runup areas.

(2) Eliminating the castoff of leaded aviation gasoline, and minimizing and mitigating other spills and releases of unexpended leaded aviation gasoline.

(3) Minimizing airport employee exposures.

(4) Minimizing releases of leaded aviation gasoline caused by refueling and maintenance activities at the airport, including processes used to store and dispense aviation gasoline at the airport.

(5) Minimizing idle time and engine runup time.

(6) Educating and financially incentivizing consumers that have the option to purchase and use unleaded aviation ~~gasoline~~ replacement fuel at the airport to do so.

(d) The department may adopt rules and regulations to implement, administer, and enforce the requirements of this chapter.

21712.21713.

(a) On or before November 1, 2025, each airport operator shall submit to the department, and begin implementing, a plan to implement the best practices identified by the department pursuant to Section ~~21711~~ 21712 designed to minimize environmental impacts and public health risks associated with leaded aviation gasoline use at airports.

(b) Each airport operator shall update its plan by the November 1 following an updated publication of the guidance issued by the department pursuant to subdivision (b) of Section ~~21711.~~ 21712.

(1) A description of how the airport operator plans to implement the operational and logistical recommendations contained in the guidance issued pursuant to subdivision (b) of Section ~~21711.~~ 21712.

(2) A plan and budget for the financing of any needed fueling infrastructure improvements at the airport to enable the airport to begin supplying unleaded aviation ~~gasoline by the timelines established in~~ replacement fuel pursuant to Section ~~21710.~~ 21711.

(d) By December 1, 2026, and each December 1 thereafter, each airport operator shall provide a status report to the department regarding its implementation of the plan submitted pursuant to subdivision (a), including the status of planning and investments to facilitate the supply of unleaded aviation ~~gasoline~~ replacement fuel at the airport.

(e) The department, in consultation with the State Department of Public Health and the California Environmental Protection Agency, shall offer technical assistance to each airport operator that has not submitted a plan pursuant to subdivision (a), or that does not implement the plan submitted to the department in the manner described in the plan.

(f) This section does not apply to the operator of an airport at which leaded aviation gasoline is not sold, distributed, or otherwise made available. When an airport ceases to sell, distribute, or otherwise make available leaded aviation gasoline, the airport operator shall notify the department within 30 days of the cessation of the use of leaded aviation gasoline at the airport.

21713.
(a)A person in violation of the requirements of Section 21710 is subject to a civil penalty of up to one thousand dollars ($1,000) per day that leaded aviation gasoline was sold, distributed, or supplied.
(b)A person who remains in violation of the requirements of Section 21712 30 days after the offer of technical assistance under subdivision (e) of Section 21712 is subject to a civil penalty of up to one thousand dollars ($1,000) per day of continued noncompliance.

21714.

(a) If ~~the provisions~~ a provision of this ~~section are in conflict~~ chapter conflicts with a federal grant ~~assurances~~ assurance in effect on or before January 1, 2025, ~~those provisions of this section~~ that provision shall not apply to an airport operator ~~upon the expiration of those grant assurances.~~ subject to that grant assurance until the federal grant assurance expires.

(b) The provisions of this chapter are severable. If any provision of this chapter or its application is held invalid, that invalidity shall not affect other provisions or applications that can be given effect without the invalid provision or application.

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.