BILL NUMBER: SB 656 CHAPTERED
BILL TEXT
CHAPTER 738
FILED WITH SECRETARY OF STATE OCTOBER 9, 2003
APPROVED BY GOVERNOR OCTOBER 8, 2003
PASSED THE SENATE SEPTEMBER 9, 2003
PASSED THE ASSEMBLY SEPTEMBER 4, 2003
AMENDED IN ASSEMBLY SEPTEMBER 2, 2003
AMENDED IN ASSEMBLY JULY 9, 2003
AMENDED IN ASSEMBLY JUNE 26, 2003
AMENDED IN SENATE JUNE 3, 2003
AMENDED IN SENATE MAY 19, 2003
INTRODUCED BY Senator Sher
(Coauthors: Assembly Members Chan and Lieber)
FEBRUARY 21, 2003
An act to add and repeal Section 39614 of the Health and Safety
Code, relating to air quality.
LEGISLATIVE COUNSEL'S DIGEST
SB 656, Sher. Air quality: particulate matter.
(1) Existing law designates the State Air Resources Board as the
state agency charged with coordinating efforts to attain and maintain
ambient air quality standards. Existing law designates the state
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 requires district plans
for attaining state ambient air quality standards to assess the
cost-effectiveness of available and proposed emission control
measures.
This bill would require the state board, not later than January 1,
2005, in consultation with the districts, and after at least one
public workshop, to identify, develop, and adopt at a public meeting
a list of the most readily available, feasible, and cost-effective,
as defined, proposed control measures, based on rules, regulations,
and programs existing as of January 1, 2004, that could be employed
by the state board and the districts to reduce emissions of PM 2.5
and PM 10, as defined, from new and existing stationary, mobile, and
area sources. The bill would also require the state board and each
district to adopt an implementation schedule, as defined, for the
most cost-effective measures on that list after prioritizing the
measures based on specified factors. The bill would require the
state board and each district, in carrying out those requirements, to
adopt and implement control measures to reduce PM 2.5 and PM 10 from
stationary, area, and mobile sources, and to make progress toward
attainment of state and federal particulate matter standards. The
bill would require the state board, by January 1, 2009, to prepare,
and make available to the public, a report on the actions taken by
the state and districts to comply with the requirements of the bill.
The bill would repeal these provisions on January 1, 2011. The
additional duties for districts required by the bill would impose a
state-mandated local program.
(2) Existing law makes a violation of any rule, regulation, permit
or order of the state board or a district a misdemeanor.
By expanding the scope of a crime, this bill would impose a
state-mandated local program.
(3) 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, including the creation of a State Mandates Claims Fund
to pay the costs of mandates that do not exceed $1,000,000 statewide
and other procedures for claims whose statewide costs exceed
$1,000,000.
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.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. (a) The Legislature finds and declares all of the
following:
(1) The body of scientific evidence demonstrating health effects
related to particulate matter exposure has grown tremendously over
the past 10 years, and presents a compelling public health case for
reducing emissions and exposures.
(2) Both coarse and fine particulate matter (PM 10 and PM 2.5,
respectively) are linked in scientific literature to a range of
serious health impacts, including premature mortality, acute and
chronic bronchitis, asthma attacks and emergency room visits, upper
respiratory illnesses, and days with work loss.
(3) Exposure to particulate pollution is particularly dangerous
for sensitive groups including, but not limited to, the elderly,
individuals with asthma and other lung illnesses, infants, and
children.
(4) Recent scientific literature on particulate matter
demonstrates serious health impacts in infants and children
including, but not limited to, mortality, reduced birth weight,
premature birth, asthma exacerbation, and acute respiratory
infections.
(5) The state board recently reviewed the particulate matter air
quality standard pursuant to the Children's Environmental Health
Protection Act (Chapter 731 of the Statutes of 1999) and based on
that review, tightened the existing PM 10 annual standard and added a
stringent new PM 2.5 annual standard.
(6) The state board has adopted a statewide risk reduction plan
for reducing diesel particulate matter emissions by 2010, however it
is necessary to ensure the prompt implementation of that plan and its
particulate reduction goals.
(7) One component of particulate matter pollution, diesel
particulate matter, has been identified as a toxic air contaminant by
the state board based upon the cancer risk posed by public exposure
to this pollutant. In order to be effective, control measures to
reduce particulate pollution need to control not only diesel
particulate and other directly emitted PM 10 and PM 2.5, but also
control precursors that contribute to formation of particulate
matter, including, but not limited to, oxides of nitrogen, sulfur
oxide, reactive organic gases and ammonia.
(8) Data from the existing air monitoring network, emission
inventory, and other scientific studies should be used to identify
sources of particulate pollution and prioritize control measures for
that pollution and its precursors.
(9) The United States Environmental Protection Agency has
recently begun the process to implement the federal fine particulate
standard and to designate area attainment status. However,
attainment of the federal standards is at least a decade in the
future and the federal standard is less stringent and protective of
public health than the state particulate standard.
(b) The Legislature therefore declares that it is essential that
the state board and the districts take readily available, feasible,
and cost-effective measures to reduce the public's exposure to PM
2.5 and PM 10.
(c) It is the intent of the Legislature that the State Air
Resources Control Board, and each air quality management district and
air pollution control district in the state consider the impact of
proposed control measures for PM 2.5 and PM 10 on other criteria
pollutants when adopting the implementation schedule pursuant to
Section 39614 of the Health and Safety Code.
SEC. 2. Section 39614 is added to the Health and Safety Code, to
read:
39614. (a) For the purposes of this section, the following terms
have the following meanings:
(1) "Cost-effective" or "cost-effectiveness" means either of the
following, as applicable:
(A) For the state board, a determination using the standards,
formulas, and criteria used by the state board to calculate
cost-effectiveness for other regulations.
(B) For a district, a determination using the standards and
process described in Section 40922.
(2) "Implementation schedule" means a schedule that specifies
dates for final adoption, implementation, and sequencing of control
measures pursuant to this section.
(3) "Measures" means any of the following:
(A) Emissions limits, control technologies, or performance
standards designed to limit emissions for a source or source
category.
(B) Examples of adopted state or local district regulations.
(C) Examples of programs.
(4) "PM 2.5" means particulate matter of 2.5 microns and smaller
in size.
(5) "PM 10" means particulate matter of 10 microns and smaller in
size.
(6) "Programs" means any state or local program that reduces
either of the following:
(A) Smoke from agricultural or wood burning sources.
(B) Diesel emissions.
(b) On or before January 1, 2005, the state board, in consultation
with the districts, and after at least one public workshop, shall
develop and adopt at a public meeting a list of the most readily
available, feasible, and cost-effective proposed control measures,
based on rules, regulations, and programs existing in California as
of January 1, 2004, that could be employed by the state board and the
districts to reduce PM 2.5 and PM 10 and make progress toward
attainment of state and federal PM 2.5 and PM 10 standards. The list
shall include measures to reduce emissions from new and existing
stationary, mobile, and area sources, and shall indicate whether
those measures apply to new, modified, or existing sources. In
developing the list, the state board shall take into account
information it determines to be appropriate and relevant from
emissions inventories, air monitoring data, and other scientific
studies, including, but not limited to, information associated with
compliance with the federal ambient air standards for particulate
matter. The list shall include control measures for all of the
following emission source categories:
(1) Stationary combustion sources.
(2) Woodstoves and fireplaces.
(3) Commercial grilling operations.
(4) Agricultural burning.
(5) Construction and grading operations.
(6) Diesel-powered engines used in stationary and mobile
applications, including, but not limited to, control measures that do
any of the following:
(A) Reduce heavy-duty vehicle idling.
(B) Require the use of ultra low-sulfur diesel fuel.
(C) Encourage, and require to the extent authorized by law, fleet
turnover or the pull-ahead of new technology.
(D) Use public funds, including, but not limited to, Congestion
Mitigation and Air Quality Improvement Program (CMAQ) funds to
upgrade, retrofit, or replace heavy-duty engines with less polluting
alternatives.
(E) Promote increased purchase and use by government agencies of
low-emission heavy-duty vehicles and equipment.
(c) The state board shall specify in the list adopted pursuant to
subdivision (a) whether a proposed control measure is intended to
reduce emissions of PM 2.5, PM 10, or both, and whether it is a
proposed control measure for adoption by the state board or by a
district. The state board and the districts shall adopt and
implement only those control measures within their respective
jurisdictions in accordance with applicable provisions of state law.
(d) (1) Not later than July 31, 2005, after at least one public
workshop and a noticed public hearing, and in a manner otherwise in
accordance with this section, the state board shall adopt an
implementation schedule for the state measures on the list developed
pursuant to subdivision (b) and each district shall adopt an
implementation schedule for the most cost-effective local measures
from the list for that district after prioritizing the measures based
on the factors identified in subparagraph (A) of paragraph (2). The
state board and each district, in carrying out the requirements of
this section, shall adopt and implement control measures to reduce PM
2.5 and PM 10 from stationary, area, and mobile sources, and to make
progress toward attainment of state and federal PM 2.5 and PM 10
standards.
(2) In developing an implementation schedule pursuant to this
subdivision, the state board and each district shall do all of the
following:
(A) Prioritize adoption and implementation of proposed control
measures based on the effect individual control measures will have on
public health, air quality, and emission reductions, and on the
cost-effectiveness of each control measure.
(B) Strive to integrate the scheduling of control measures with
the federal planning process for attainment of the federal ambient
air quality standards for particulate matter in an efficient manner,
to the extent that integration does not delay the adoption of control
measures.
(3) An implementation schedule adopted by a district pursuant to
this subdivision may not include a control measure that meets any of
the following criteria:
(A) Is substantially similar to a control measure already adopted
by the district, as determined by the district.
(B) Is substantially similar to a control measure scheduled for
adoption by the district within two years of the adoption of the
implementation schedule, as determined by the district.
(C) The district has determined there is a readily available,
feasible, and cost-effective alternative control measure that will
achieve an equivalent or greater emission reduction.
(D) Is intended to reduce emissions of a precursor to PM 2.5 or PM
10, if the district has adopted and implemented the measure or
scheduled the measure for adoption within two years of the adoption
of the implementation schedule as part of the district's ozone
attainment plan pursuant to subdivision (a) or (b) of Section 40914.
(4) If a district determines that a readily available, feasible,
and cost-effective alternative control measure exists as described in
subparagraph (C) of paragraph (3), the district shall adopt that
measure.
(e) Nothing in this section requires a district to adopt a control
measure to further regulate emissions from any source that operates
under, or requires a district to modify, either of the following
programs:
(1) A market-based incentive program that complies with Section
39616.
(2) An interchangeable emission reduction credit program that is
consistent with the methodology adopted by the state board pursuant
to Section 39607.5.
(f) Nothing in this section is intended to alter or affect any of
the following:
(1) The authority of the state board or a district to adopt a
control measure for PM 2.5 and PM 10 pursuant to this division.
(2) The authority of the state board or a district over
diesel-powered engines established pursuant to this division.
(3) The authority of a district to modify either of the programs
described in paragraphs (1) or (2) of subdivision (e).
(4) The authority of a district to adopt measures necessary to
attain state or federal air quality standards.
(g) In identifying control measures for woodstoves and fireplaces
pursuant to paragraph (2) of subdivision (b), the state board shall
include a consideration of rules and regulations encouraging the use
of wood fuel appliances that meet the standards established in
Subpart AAA of Part 60 of Title 40 of the Code of Federal
Regulations.
(h) In adopting the list and implementation schedule pursuant to
this section, the state board is not subject to the rulemaking
provisions of Chapter 3.5 (commencing with Section 11340) of Part 1
of Division 3 of Title 2 of the Government Code.
(i) Not later than January 1, 2009, the state board shall prepare
a report, and make available to the public, on the actions taken by
the state board and local districts to comply with this section. The
report shall include, but is not limited to, all of the following:
(1) Adopted and proposed rules.
(2) Regulations and programs.
(3) Air quality and public health impacts of state and district
actions taken pursuant to this section.
(4) Cost-effectiveness of rules, regulations, and programs
implemented pursuant to this section.
(5) Recommendations for further actions to assist in achieving
state air quality standards for particulate matter.
(j) This section shall remain in effect only until January 1,
2011, and as of that date is repealed, unless a later enacted
statute, that is enacted before January 1, 2011, deletes or extends
that date.
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, notwithstanding Section 17610 of the Government Code, 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. If the statewide cost of the claim for
reimbursement does not exceed one million dollars ($1,000,000),
reimbursement shall be made from the State Mandates Claims Fund.