Bill Text: CA SB1502 | 2017-2018 | Regular Session | Amended

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

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Bill Title: Nonvehicular air pollution.

Spectrum: Committee Bill

Status: (Passed) 2018-06-28 - Chaptered by Secretary of State. Chapter 59, Statutes of 2018. [SB1502 Detail]

Download: California-2017-SB1502-Amended.html

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Amended  IN  Senate  April 23, 2018

CALIFORNIA LEGISLATURE— 2017–2018 REGULAR SESSION

Senate Bill

No. 1502

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Introduced by Committee on Environmental Quality (Senators Wieckowski (Chair), Gaines, Hill, Lara, Skinner, Stern, and Stone)

March 08, 2018

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An act to amend Sections 40440.5 and 40440.7 of the Health and Safety Code, relating to the South Coast Air Quality Management District. An act to amend Section 2782.6 of the Civil Code, to amend Section 42301.6 of, and to add Section 40006 to, the Health and Safety Code, and to amend Section 7856 of the Labor Code, relating to nonvehicular air pollution.

LEGISLATIVE COUNSEL'S DIGEST

SB 1502, as amended, Committee on Environmental Quality. South Coast Air Quality Management District: notice. Nonvehicular air pollution.

(1) Existing law imposes various limitations on emissions of air contaminants for the control of air pollution from vehicular and nonvehicular 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 and air quality management districts with the primary responsibility for the control of air pollution from all sources other than vehicular sources.

This bill would authorize air districts to send electronically instead of by mail any required public notice. The bill would require air districts to send a public notice by mail to any person who has requested the notices to be sent by mail. The bill would require an air district governing board, if the air district opts to send public notices electronically, to adopt, and update as needed, procedures for a person to request public notices to be sent by mail and to update an electronic mail address.

This bill also would delete references to an obsolete definition and make other nonsubstantive changes.

(2) Existing law requires an air pollution control officer to prepare a public notice prior to approving an application for a permit to construct or modify a source that emits hazardous air emissions, as defined, and that is located within 1,000 feet of a school.

This bill would authorize air districts to send electronically instead of by mail that public notice. The bill would require air districts to send a public notice by mail to any person who has requested those public notices to be sent by mail. The bill would require an air district governing board, if the air district opts to send those public notices electronically, to adopt, and update as needed, procedures for a person to request public notices to be sent by mail and to update an electronic mail address.

(1)Existing law establishes the South Coast Air Quality Management District vested with the authority to regulate air emissions from stationary sources located in the South Coast Air Basin and establishes a district board to govern the district. Existing law requires the south coast district board to mail a specified notice to every person who filed a written request for notice of proposed regulatory action with the south coast district, every person who requested notice for or registered at a workshop held in connection with the development of the proposed rule or regulation, and any person the south coast district believes to be interested in the proposed rule or regulation.

This bill would authorize the south coast district board to send electronically the above-described notice of proposed regulatory action, to publish the notice on its Internet Web site not less than 30 days prior to the public hearing; and adopt, and to update as needed, procedures for a person to request notices to be sent by mail and to update an electronic mail address.

(2) Existing law requires the south coast district board to mail a specified notice to every person who filed a written request to receive a notice for a specified workshop with the south coast district and any person the south coast district believes to be interested in the specified workshop.

This bill would authorize the south coast district board to send electronically the above-described notice for a specified workshop, to publish the notice on its Internet Web site not less than 75 days prior to the public hearing, and adopt, and to update as needed, procedures for a person to request notices to be sent by mail and to update an electronic mail address.

(3)This bill would make legislative findings and declarations as to the necessity of a special statute for the south coast district.

Digest Key

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

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Bill Text

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

SECTION 1.

 Section 2782.6 of the Civil Code is amended to read:

2782.6.

 (a) Nothing in subdivision (a) of Section 2782 prevents an agreement to indemnify a professional engineer or geologist or the agents, servants, independent contractors, subsidiaries, or employees of that engineer or geologist from liability as described in Section 2782 in providing hazardous materials identification, evaluation, preliminary assessment, design, remediation services, or other services of the types described in Sections 25322 and 25323 of the Health and Safety Code or the federal National Oil and Hazardous Substances Pollution Contingency Plan (40 C.F.R. Sec. 300.1 et seq.), if all of the following criteria are satisfied:

(1) The services in whole or in part address subterranean contamination or other concealed conditions caused by the hazardous materials.

(2) The promisor is responsible, or potentially responsible, for all or part of the contamination.

(b) The indemnification described in this section is valid only for damages arising from, or related to, subterranean contamination or concealed conditions, and is not applicable to the first two hundred fifty thousand dollars ($250,000) of liability or such a greater amount as is agreed to by the parties.

(c) This section does not authorize contracts for indemnification, by promisors specified in paragraph (2) of subdivision (a), of any liability of a promisee arising from the gross negligence or willful misconduct of the promisee.

(d) “Hazardous materials,” as used in this section, means any hazardous or toxic substance, material, or waste which that is or becomes subject to regulation as such by any agency of the state, any municipality or political subdivision of the state, or the United States. “Hazardous materials” includes, but is not limited to, any material or substance that is any of the following:

(1) A hazardous substance, as defined in Section 25316 of the Health and Safety Code.

(2) Hazardous material, as defined in subdivision (j) of Section 25501 of the Health and Safety Code.

(3) Acutely hazardous material, A regulated substance, as defined in subdivision (a) (j) of Section 25532 of the Health and Safety Code.

(4) Hazardous waste, as defined in Section 25117 of the Health and Safety Code.

(5) Extremely hazardous waste, as defined in Section 25115 of the Health and Safety Code.

(6) Petroleum.

(7) Asbestos.

(8) Designated as a hazardous substance for purposes of Section 311 of the Federal Water Pollution Control Act, as amended (33 U.S.C. Sec. 1321).

(9) Hazardous waste, as defined by subsection (5) of Section 1004 of the federal Resource Conservation and Recovery Act of 1976, as amended (42 U.S.C. Sec. 6903).

(10) A hazardous substance, as defined by subsection (14) of Section 101 of the federal Comprehensive Environmental Response, Compensation, and Liability Act of 1980, as amended (42 U.S.C. Sec. 9601).

(11) A regulated substance, as defined by subsection (2) of Section 9001 of the federal Solid Waste Disposal Act, as amended (42 U.S.C. Sec. 6991).

(e) Nothing in this section shall be construed to alter, modify, or otherwise affect the liability of the promisor or promisee, under an indemnity agreement meeting the criteria of this section, to third parties for damages for death or bodily injury to persons, injury to property, or any other loss, damage, or expense.

(f) This section does not apply to public entities, as defined by Section 811.2 of the Government Code.

SEC. 2.

 Section 40006 is added to the Health and Safety Code, to read:

40006.

 (a) A district may send electronically instead of by mail a public notice required pursuant to this division.

(b) A district shall send a public notice by mail to any person who has requested the notices to be sent by mail.

(c) If a district does send a public notice electronically pursuant to subdivision (a), the district board shall adopt, and update as needed, procedures for a person to request public notices to be sent by mail and to update an electronic mail address.

SEC. 3.

 Section 42301.6 of the Health and Safety Code is amended to read:

42301.6.

 (a) Prior to approving an application for a permit to construct or modify a source which that emits hazardous air emissions, which and that source is located within 1,000 feet from the outer boundary of a schoolsite, the air pollution control officer shall prepare a public notice in which the proposed project or modification for which the application for a permit is made is fully described. The notice may be prepared whether or not the material is or would be subject to subdivision (a) of Section 25536, if the air pollution control officer determines and the administering agency concurs that hazardous air emissions of the material may result from an air release, as defined by Section 44303. The notice may be combined with any other notice on the project or permit which that is required by law.

(b) The air pollution control officer shall, at the permit applicant’s expense, distribute or mail the public notice to the parents or guardians of children enrolled in any a school that is located within one-quarter mile of the proposed new or modified source and to each address within a radius of 1,000 feet of the proposed new or modified source at least 30 days prior to the date final action on the application is to be taken by the officer. The officer shall review and consider all comments received during the 30 days after the notice is distributed, and shall include written responses to the comments in the permit application file prior to taking final action on the application.

(1) Notwithstanding Section 49073 of the Education Code, or any other provision of law, the information necessary to mail notices required by this section shall be made available by the school district to the air pollution control officer.

(2)  Nothing in this subdivision precludes, at the discretion of the air pollution control officer and with the permission of the school, the distribution of the notices to the children to be given to their parents or guardians.

(c) Notwithstanding subdivision (b), an air pollution control officer may require the applicant to distribute the notice if the district had such a rule in effect prior to January 1, 1989.

(d)  The requirements for public notice pursuant to subdivision (b) or a district rule in effect prior to January 1, 1989, are fulfilled if the air pollution control officer or applicant responsible for giving the notice makes a good faith effort to follow the procedures prescribed by law for giving the notice, and, in these circumstances, failure of any a person to receive the notice shall not affect the validity of any a permit subsequently issued by the officer.

(e) Nothing in this This section shall not be deemed to limit any an existing authority of any a district.

(f) An applicant for a permit shall certify whether the proposed new or modified source or modification is located within 1,000 feet of a schoolsite. Misrepresentation of this fact may result in the denial of a permit.

(g) The notice requirements of this section shall not apply if the air pollution control officer determines that the application to construct or modify a source will result in a reduction or equivalent amount of air contaminants, as defined in Section 39013, or which that are hazardous air emissions.

(h) As used in this section: section, “hazardous air emissions” means emissions into the ambient air of air contaminants that have been identified as a toxic air contaminant by the state board or by the air pollution control officer for the jurisdiction in which the project is located. As determined by the air pollution control officer, hazardous air emissions also means emissions into the ambient air from a substance identified in subdivisions (a) to (f), inclusive, of Section 44321.

(1)“Hazardous air emissions” means emissions into the ambient air of air contaminants which have been identified as a toxic air contaminant by the state board or by the air pollution control officer for the jurisdiction in which the project is located. As determined by the air pollution control officer, hazardous air emissions also means emissions into the ambient air from any substances identified in subdivisions (a) to (f), inclusive, of Section 44321 of the Health and Safety Code.

(2)“Acutely hazardous material” means any material defined pursuant to subdivision (a) of Section 25532.

(i) (1) For the purposes of this section, a district may send a required notice electronically instead of by mail.

(2) A district shall send a notice by mail to any person who has requested the notices to be sent by mail.

(3) If a district does send a public notice electronically pursuant to paragraph (1), the district board shall adopt, and update as needed, procedures for a person to request notices to be sent by mail and to update an electronic mail address.

SEC. 4.

 Section 7856 of the Labor Code is amended to read:

7856.

 By March 31, 2014, the board shall adopt process safety management standards for refineries, chemical plants, and other manufacturing facilities, as specified in Codes 28 (Chemical and Allied Products) and 29 (Petroleum Refining and Related Industries) of the Manual of Standard Industrial Classification Codes, published by the United States Office of Management and Budget, 1987 Edition, that handle acutely hazardous material regulated substances as defined in subdivision (a) (j) of Section 25532 and subdivision (a) of Section 25536 of the Health and Safety Code and pose a significant likelihood of accident risk, as determined by the board. Alternately, upon making a finding that there is a significant likelihood of risk to employees at a facility not included in Codes 28 and 29 resulting from the presence of acutely hazardous materials or explosives as identified in Part 172 (commencing with Section 172.1) of Title 49 of the Code of Federal Regulations, the board may require that these facilities be subject to the jurisdiction of the standards provided for in this section. When adopting these standards, the board shall give priority to facilities and areas of facilities where the potential is greatest for preventing severe or catastrophic accidents because of the size or nature of the process or business. The standards adopted pursuant to this section shall require that injury prevention programs of employers subject to this part and implemented pursuant to Section 6401.7 include the requirements of this part.

SECTION 1.Section 40440.5 of the Health and Safety Code is amended to read:

40440.5.

(a) Notice of the time and place of a public hearing of the south coast district board to adopt, amend, or repeal any rule or regulation relating to an air quality objective shall be given not less than 30 days prior to the hearing and, notwithstanding subdivision (b) of Section 40725, shall be published in each county in the south coast district consistent with Section 6061 of the Government Code. The period of notice shall commence on the first day of publication.

(b)(1)In addition to the requirements of subdivision (b) of Section 40725, notice shall be mailed or provided to every person who filed a written request for notice of proposed regulatory action with the south coast district, every person who requested notice for or registered at the workshop, if any, held in connection with the development of the proposed rule or regulation, and any person the south coast district believes to be interested in the proposed rule or regulation. The inadvertent failure to mail or provide notice to any particular person as provided in this subdivision shall not invalidate any action taken by the south coast district board.

(2)The south coast district may publish the notice required pursuant to this subdivision on its Internet Web site not less than 30 days prior to the public hearing.

(c) In addition to the summary description of the effect of the proposal, as required by subdivision (b) of Section 40725, the notice shall include the following:

(1) A description of the air quality objective that the proposed rule or regulation is intended to achieve and the reason or reasons for the proposed rule or regulation.

(2) A list of supporting information, documents, and other materials relevant to the proposed rule or regulation prepared by the south coast district or at its direction, any environmental assessment, and the name, address, and telephone number of the district officer or employee from whom copies of the materials may be obtained.

(3) A statement that a staff report on the proposed rule or regulation has been prepared and the name, address, and telephone number of the district officer or employee from whom a copy of the report may be obtained. Whenever the proposed rule or regulation will significantly affect air quality or emissions limitations, the staff report shall include the full text of the proposed rule or regulation, an analysis of alternative control measures, a list of reference materials used in developing the proposed rule or regulation, an environmental assessment, exhibits, and draft findings for consideration by the south coast district board pursuant to Section 40727. If an environmental assessment is prepared, the staff report shall also include social, economic, and public health analyses.

(d) Regardless of whether a workshop was previously conducted on the subject of the proposed rule or regulation, the south coast district may conduct one or more supplemental workshops prior to the public hearing on the proposed rule or regulation.

(e) If the south coast district board makes changes in the text of the proposed rule or regulation that was the subject of notice given pursuant to this section, further consideration of the rule or regulation shall be governed by Section 40726.

(f) This section is not intended to change, and shall not be construed as changing, any entitlement or protection conferred by the California Public Records Act (Chapter 3.5 (commencing with Section 6250) of Division 7 of Title 1 of the Government Code).

(g)(1)For the purposes of this section, the south coast district board may send a required notice electronically instead of by mail.

(2)The south coast district board shall send a notice by mail to any person who has requested the notices to be sent by mail.

(3)The south coast district may adopt, and update as needed, procedures for a person to request notices to be sent by mail and to update an electronic mail address.

SEC. 2.Section 40440.7 of the Health and Safety Code is amended to read:

40440.7.

(a) Whenever the south coast district intends to propose the adoption, amendment, or repeal of a rule or regulation that will significantly affect air quality or emissions limitations, the south coast district shall conduct one or more public workshops.

(b)(1)Notice of the time and place of the first workshop shall be given not less than 75 days prior to the meeting at which the south coast district board will consider the proposed rule or regulation by publication in each county in the south coast district pursuant to Section 6061 of the Government Code and by mail to every person who filed a written request for notice of proposed regulatory action with the south coast district and any person the south coast district believes to be interested in attending the workshop.

(2)The south coast district may publish the notice required pursuant to this subdivision on its Internet Web site not less than 75 days prior to the south coast district board meeting.

(c) The notice shall include at least the following:

(1) A description of the air quality objective to be discussed.

(2) A statement that the workshop is being held for the purposes of soliciting information and suggestions from the public on achieving the air quality objective.

(3) A request for submittal of any documents, studies, and reports that may be relevant to the subject of the workshop and the name, address, and telephone number of the district officer or employee to whom they should be sent.

(4) A list of supporting information and documents, including a preliminary staff report, prepared by the south coast district or at its direction, and other materials relevant to the subject of the workshop that are available and the name, address, and telephone number of the district officer or employee from whom copies of the materials may be obtained.

(d) If the south coast district proposes the adoption, amendment, or repeal of a rule or regulation that was the subject of a workshop, the south coast district shall respond to all written comments submitted during the workshop in preparing the environmental assessment on the proposed rule or regulation.

(e) The time and place for a workshop shall be selected on the basis of affording an opportunity to participate to the greatest number of persons expected to be interested in the workshop.

(f) The requirements of this section are not intended to restrict the south coast district in conducting other public workshops and other meetings for the exchange of information under circumstances not specifically addressed in this section.

(g) A workshop or other meeting shall not constitute consideration of a “regulatory measure” within the meaning of Section 40923.

(h) This section is not intended to change, and shall not be construed as changing, any entitlement or protection conferred by the California Public Records Act (Chapter 3.5 (commencing with Section 6250) of Division 7 of Title 1 of the Government Code).

(i)(1)For the purposes of this section, the south coast district board may send a required notice electronically instead of by mail.

(2)The south coast district board shall send a notice by mail to any person who has requested the notices to be sent by mail.

(3)The south coast district may adopt, and update as needed, procedures for a person to request notices to be sent by mail and to update an electronic mail address.

SEC. 3.

The Legislature finds and declares that a special statute is necessary and that a general statute cannot be made applicable within the meaning of Section 16 of Article IV of the California Constitution because of the unique circumstances faced by the South Coast Air Quality Management District with respect to rulemaking and permitting involved with air pollution reduction efforts.