BILL ANALYSIS                                                                                                                                                                                                    Ó



                                                                      AB 1059


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          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  








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            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  








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          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  








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          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