BILL ANALYSIS Ó AB 1059 Page 1 ASSEMBLY THIRD READING AB 1059 (Eduardo Garcia) As Introduced February 26, 2015 Majority vote -------------------------------------------------------------------- |Committee |Votes |Ayes |Noes | |----------------+------+-----------------------+--------------------| |Environmental |7-0 |Alejo, Dahle, | | |Safety | |Gallagher, Gonzalez, | | | | |Gray, McCarty, Ting | | | | | | | |----------------+------+-----------------------+--------------------| |Appropriations |17-0 |Gomez, Bigelow, Bloom, | | | | |Bonta, Calderon, | | | | |Chang, Daly, Eggman, | | | | |Gallagher, Eduardo | | | | |Garcia, Holden, Jones, | | | | |Quirk, Rendon, Wagner, | | | | |Weber, Wood | | | | | | | | | | | | -------------------------------------------------------------------- SUMMARY: Requires the addition of border environmental health data in the California Communities Environmental Health Screening Tool (CalEnviroScreen 2.0) program. Specifically, this bill: 1)Requires the Office of Environmental Health and Hazard Assessment (OEHHA) to update its CalEnviroScreen 2.0 tool by using any relevant environmental data relating to known impacts AB 1059 Page 2 of air pollution, water pollution, and toxic sites on the environmental quality of the communities in the California-Mexico border region. 2)Requires OEHHA to make a report to the Legislature at the earlier of next update of the tool or by January 1, 2017, on any barriers to accessing the data. FISCAL EFFECT: According to the Assembly Appropriations Committee, absorbable additional costs, if any. COMMENTS: Need for the bill: According to the author, "The levels of air pollution in the border region cannot be accurately assessed without additional air quality monitoring in the area. This current lack of reliable information may impact funding for pollution reduction from carbon fees implemented in AB 32 [(Núñez), Chapter 488, Statutes of 2006]." Investing in priority community investments areas and most impacted and disadvantaged communities: SB 535 (De León), Chapter 830, Statutes of 2012, required California Environmental Protection Agency (CalEPA) to identify disadvantaged communities for investment opportunities using the Greenhouse Gas Reduction Fund (GHGR Fund). Pursuant to this requirement, OEHHA has developed the CalEnviroScreen that will use existing environmental, health, and socioeconomic data to determine the extent to which communities across the state are burdened by and vulnerable to pollution. Current law provides for the allocations for GHGR Fund investments in projects within priority community investment areas if certain investment levels related to those communities are not met. A minimum of 10% of revenues deposited into the GHGR Fund is required to be allocated to fund programs or projects that reduce greenhouse gas emissions or mitigate direct health impacts of climate change in the "most impacted and AB 1059 Page 3 disadvantaged communities" in California. According to OEHHA, CalEnviroScreen 2.0 is primarily designed to assist CalEPA in carrying out its environmental justice mission to conduct its activities in a manner that ensures the fair treatment of all Californians, including minority and low-income populations. CalEnviroScreen and border health concerns: Areas of concerns or gaps in the data used by CalEnviroScreen 2.0 that may need to be addressed include how pollution originating in Mexico contributes to the pollution burden in census tracts along the California-Mexico border. Some of the specific areas of concern include: 1)Air monitoring data for ozone and particulate matter (PM) 2.5 from Mexico may be needed to account for the air quality impacts on United States (U.S.) border communities; 2)Diesel particulate matter impacts from idling trucks at the border crossings; 3)Traffic density measurement from roads in Mexico in close proximity to communities along the U.S.-Mexico border; and 4)Toxic releases and hazardous waste from Mexican facilities in proximity to the U.S.-Mexico border and their potential for adverse effects. The California State Assembly Environmental Safety and Toxic Materials (ESTM) Committee hearings on cross border river water quality: On March 19, 2015, and March 20, 2015, the ESTM Committee held a two-part series of hearings in Southern California focusing on California's role in managing binational AB 1059 Page 4 river water quality issues and on ensuring that border communities, especially disadvantaged communities, are not left behind in water quality restoration efforts. The first hearings focused on the progress and challenges facing the Tijuana and the New River restoration efforts. Analysis Prepared by: Bob Fredenburg / E.S. & T.M. / (916) 319-3965 FN: 0000230