BILL ANALYSIS Ó
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|SENATE RULES COMMITTEE | AB 1059|
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THIRD READING
Bill No: AB 1059
Author: Eduardo Garcia (D)
Amended: 6/24/15 in Senate
Vote: 21
SENATE ENVIRONMENTAL QUALITY COMMITTEE: 7-0, 6/17/15
AYES: Wieckowski, Gaines, Bates, Hill, Jackson, Leno, Pavley
SENATE APPROPRIATIONS COMMITTEE: Senate Rule 28.8
ASSEMBLY FLOOR: 76-0, 5/4/15 - See last page for vote
SUBJECT: California Communities Environmental Health
Screening
SOURCE: Comité Civico del Valle
DIGEST: This bill requires the Office of Environmental Health
Hazard Assessment (OEHHA) to report to the Legislature on air
quality, water quality, and toxic release and hazardous waste
site data, as specified, necessary for updating indicators in
the California Communities Environmental Health Screening tool
(CalEnviroScreen) for the California-Mexico border region. This
bill also requires the OEHHA to include the identified data in
the next update of CalEnviroScreen.
ANALYSIS:
Existing law:
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1) Requires, under the California Global Warming Solutions Act
of 2006, the California Air Resources Board (ARB) to
determine the 1990 statewide greenhouse gas (GHG) emissions
level, to approve a statewide GHG emissions limit equivalent
to that level that will be achieved by 2020, and to adopt GHG
emissions reductions measures by regulation. The ARB is
authorized to include the use of market-based mechanisms to
comply with the regulations. (Health and Safety Code (HSC)
§38500 et seq.)
2) Establishes the Greenhouse Gas Reduction Fund (GGRF) as a
special fund in the State Treasury; requires that all moneys,
except for fines and penalties, collected pursuant to a
market-based mechanism be deposited in the fund; and requires
the Department of Finance, in consultation with the state
board and any other relevant state agency, to develop, as
specified, a three-year investment plan for the moneys
deposited in the GGRF. (Government Code §16428.8)
3) Requires, under the GGRF Investment Plan and Communities
Revitalization Act, for investment opportunities related to
the GGRF investment plan, the California Environmental
Protection Agency (CalEPA) to identify disadvantaged
communities based on geographic, socioeconomic, public
health, and environmental hazard criteria, including areas
disproportionately affected by environmental pollution. (HSC
§39713)
4) Requires the GGRF investment plan to allocate a minimum of
25% of the funds to projects that benefit disadvantaged
communities and to allocate 10% of the funds to projects
located within disadvantaged communities. (HSC §39713)
5) Requires the ARB, in consultation with CalEPA, to develop
funding guidelines for administering agencies receiving
allocations of GGRF funds that includes a component for how
agencies should maximize benefits to disadvantaged
communities. (HSC §39715)
This bill:
1) Requires OEHHA to report to the Legislature in the next
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update of the CalEnviroScreen tool or by January 1, 2017, on
air quality, water quality, and toxic release and hazardous
waste site data necessary for updating indicators in the tool
for the California-Mexico border region, including:
a) Deficiencies in, and barriers to accessing, necessary
data.
b) Current and future monitoring studies.
2) Specifies that necessary data and information may include:
a) Air quality measurements for ozone and particulate
matter 2.5.
b) Vehicle emissions at border crossings.
c) Complete traffic density data within 150 meters of the
border.
d) Water quality data for cross-border waterways.
e) Feasibility of incorporating toxic site and hazardous
waste data from Mexico.
3) Requires OEHHA to update the CalEnviroScreen tool by using
the specified data for the California-Mexico border region
once the data is available.
Background
The CalEnviroScreen Tool and Disadvantaged Communities.
CalEnviroScreen was developed by OEHHA, at the request of
CalEPA, to determine a list of disadvantaged communities in
California that are the most vulnerable and pollution-burdened.
The tool will be used to help direct those GGRF investments
targeted for disadvantaged communities, as well as to guide
CalEPA in administering its Environmental Justice Small Grants
Program and prioritizing resources for cleanup and abatement
projects and outreach efforts by the Agency.
CalEnviroScreen 2.0 is the most recent version, adopted in
August 2014, after previous drafts underwent public review with
input from boards and departments that would be using the tool.
According to CalEPA, the current version incorporates 19
indicators, including the addition of indicators for drinking
water and unemployment rate, enhances the geographic scale by
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using approximately 8,000 census tracts instead of zip codes,
and has incorporated the most up-to-date information.
Indicators include those for exposures, such as ozone
concentrations, particulate matter [PM] 2.5 concentrations,
drinking water contaminants, and toxic releases from facilities,
as well as for environmental effects, such as groundwater
threats, hazardous waste, and impaired water bodies. Indicators
for sensitive populations and socioeconomic factors are also
incorporated.
CalEnviroScreen Updates for the California-Mexico Border.
According to the "Summary of Major Changes in CalEnviroScreen
2.0" update document, in October 2014 CalEnviroScreen 2.0 was
updated to account for gaps in environmental data along the
U.S.-Mexico border, including the incorporation of information
on:
1)Diesel particulate matter emissions, to account for emissions
from idling trucks waiting to cross from Mexico into the U.S.,
specifically for the Otay and Calexico East border crossings,
and
2)Traffic density for a portion of the roads in Mexico in close
proximity to California (within a 150m buffer, as was
previously applied to other census tracts within the state).
These changes were made in response to public workshops and
comment periods following the release of the August 2014
CalEnviroScreen draft.
The "Responses to Public Comments on the Method to Identify
Disadvantaged Communities Under Senate Bill 535" document was
also released in October 2014. In this report, one of the major
comments to which OEHHA and CalEPA responded was to "address
gaps in the data used by CalEnviroScreen 2.0 to evaluate how
pollution originating in Mexico contributes to pollution burden
in census tracts along the California-Mexico border."
Though the aforementioned updates to diesel PM and traffic
density at the border were incorporated, the ARB reported that,
for ozone and PM2.5 air monitoring measurements from stations in
Mexico, the data are not currently complete or of sufficient
quality to be incorporated into the CalEnviroScreen. However,
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the United States Environmental Protection Agency (US EPA) is
placing two new PM2.5 monitors at the border, including one at
Calexico, with completion estimated to be Spring 2017, at which
time ARB can evaluate the data.
For traffic density, OEHHA reports that the office "recognizes
that there are other major roadways within 150 meters of the
U.S.-Mexico border. Resources permitting, OEHHA will work with
the California Department of Public Health (the source of data
for CalEnviroScreen's traffic density indicator) to look into
whether additional traffic information is available and of
sufficient quality to use in future versions of
CalEnviroScreen."
For toxic releases and hazardous waste from Mexican facilities
in close proximity to the border, OEHHA states that "resources
permitting, OEHHA could consult with US EPA and the Department
of Toxic Substances Control to determine the feasibility of
incorporating Mexican data into CalEnviroScreen indicators."
California-Mexico Memorandum of Understanding (MOU) to Enhance
Cooperation on Climate Change and the Environment. In July of
2014, California and Mexico signed an MOU to improve and protect
the environment as part of a four-year effort. The MOU calls
for the development of a Joint Action Plan with four priority
action areas, including climate change, air quality, wildfires,
and clean vehicles. The goals of this MOU are to share
knowledge, information, and experience, as well as coordinate
planning efforts for air quality along the border and improve
air quality data comparability between the two countries.
Health and Environmental Quality in Imperial County and the
California-Mexico Border Region. According to the California
Department of Public Health, as of 2012, children in Imperial
County were hospitalized for asthma at a rate that was three
times higher than the state average.
Per the US EPA Green Book list of nonattainment counties for all
criteria pollutants, as of January 2015, portions of Imperial
County were classified as serious for PM-10 and moderate for
PM-2.5. PM-2.5, referring to the fine particle size of 2.5
micrometers in diameter, along with ozone, cause significant
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adverse health effects, including heart and lung disease, and
are measured by a network of ARB air monitoring stations across
the state, though not all cities have stations.
The New River, which flows north from Mexico, through Calexico,
to the Salton Sea, is one of the most polluted rivers in the
country, due to discharges from urban, agricultural, and
industrial sources in both Mexico and the U.S. In response to
concerns about the lack of data factored in to CalEnviroScreen
regarding polluted waterways that cross the border, OEHHA
responds, "Locations along the US-Mexico border present a
special challenge, particularly with respect to sources of
impact that originate outside of California for which there are
not reliable and comparable quantitative measures. Some
contributions are included in CalEnviroScreen, such as rivers
designated by U.S. government entities as impaired that flow
into the U.S. from Mexico."
Comments
Purpose of the Bill. According to the author, "Border
communities along the California-Mexico border are severely
impacted by idled vehicles and trucks at the border. According
to data from the San Diego Association of Governments (SANDAG),
on average approximately 2,400 trucks cross per day in Otay, 832
in Calexico East, 151 in Tecate, and less than one in Andrade.
In my 56th Assembly District, specifically in Imperial County
whose economy is primarily driven by agriculture, idling
vehicles and trucks moving goods across the border combined with
agricultural related air quality impacts places significant
environmental stress on the community. This places the health
and safety of the public living along the border at risk.
Having accurate air quality measuring tools is essential to
better understand the severity of the issue and formulate action
plans, as well as to help the same communities better compete
for AB 32 funding."
Use of CalEnviroScreen. As noted by OEHHA Director George
Alexeeff, "Rather than looking at individual types of pollution
in isolation, CalEnviroScreen helps policymakers and scientists
examine multiple pollutants and factors at once." Thus, the
goal of the tool is to look at a number of indicators
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concurrently, in order to have a comprehensive understanding of
those areas throughout the state that are most vulnerable to
impacts from environmental pollution.
With this in mind, it is important to update all relevant
indicators, including socioeconomic and sensitive population
indicators, so that the tool remains as comprehensive as
possible. Furthermore, indicators should be regularly updated
throughout the state, as new information is available, and OEHHA
has acknowledged that they are aware of a number of potential
data gaps in various regions.
Statutory Guidance on Border Updates. Per the latest update to
CalEnviroScreen, the areas within which the majority of
disadvantaged communities were identified included the San
Joaquin Valley, parts of Los Angeles and the Inland Empire, and
large portions of the Coachella and Imperial Valleys and Mojave
Desert, in addition to communities located near industrial areas
and major roadways.
Given OEHHA's recognition of data deficiencies at the border,
the need to balance data analysis with availability of agency
resources, and the high numbers of disadvantaged communities in
this area of the state, perhaps the statutory direction in AB
1059 would provide guidance in further updating this portion of
the tool.
It should be noted that data gaps exist in some areas across the
state, not only the border region, and OEHHA works to fill those
gaps and keep the tool current. Given its international border,
the region in this bill is somewhat unique. While a report on
data gaps for this specific region will provide additional
clarity for interested groups, it may also set a precedent of
regionally-focused reporting requirements which can slow down
the update process for the tool.
Research to CalEnviroScreen. OEHHA and CalEPA are aware of the
deficiencies in data and work is being conducted currently that
would inform future CalEnviroScreen updates. As well,
CalEnviroScreen already incorporates the broad categories of air
and water pollution and toxic sites in their indicators. Per
OEHHA and CalEPA's comments as of the October 2014 update, it
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seems that all data of sufficient quality available to-date has
been included, and deficiencies in air quality and toxic site
data have been acknowledged.
To address the deficiencies, agencies are conducting studies to
evaluate air quality in communities in the southern part of San
Diego County (conducted by the University of Washington in
2015-2017), in the southern parts of Imperial County, including
the Calexico border (University of Washington and the California
Environmental Health Tracking Program), and near the San Ysidro
border crossing for fine particles (US EPA and San Diego Air
Pollution Control District).
Prior/Related Legislation
SB 535 (De Leon, Chapter 830, Statutes of 2012) required the
GGRF investment plan to allocate 25% of the funds to projects
that benefit disadvantaged communities and 10% to projects
located within those communities.
AB 1079 (V.M. Perez, Statutes of 2009, Chapter 382) required the
California-Mexico Border Relations Council to create a strategic
plan to study, monitor, remediate and enhance the water quality
of the New River in Imperial County to protect human health and
develop a river parkway suitable for public use and enjoyment.
FISCAL EFFECT: Appropriation: No Fiscal
Com.:YesLocal: No
SUPPORT: (Verified7/8/15)
Comité Cívico del Valle (source)
Desert Protective Society
Eastside (LA) Coalition Against Exide
Imperial County Air Pollution Control District
Labelgmos.org
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La Union Hace la Fuerza
Our Roots Multi-Cultural Center
Physicians for Social Responsibility-Los Angeles
Seeley Citizens United
The Environmental Justice Coalition for Water
The Family Treehouse
Tri-Valley Communities Against a Radioactive Environment
Valley Improvement Projects
OPPOSITION: (Verified7/8/15)
None received
ARGUMENTS IN SUPPORT: According to a coalition of
organizations in support, "There is currently an absence of
empirical evidence that tells the story of the California-Mexico
border. OEHHA and California Air Resources Board (ARB) have
acknowledged the deficiency and have recommended further study.
Given the characteristics of the border, both natural and
man-made, there are several variables to consider. Many
vehicles sit idle while waiting for both Customs and Immigration
inspections. This process of thorough inspection requires time
which results in increased carbon emissions, negative health
impacts and could potentially limit economic feasibility."
ASSEMBLY FLOOR: 76-0, 5/4/15
AYES: Achadjian, Alejo, Travis Allen, Baker, Bigelow, Bloom,
Bonilla, Bonta, Brough, Brown, Burke, Calderon, Chang, Chau,
Chávez, Chiu, Chu, Cooley, Cooper, Dababneh, Daly, Dodd,
Eggman, Frazier, Gallagher, Cristina Garcia, Eduardo Garcia,
Gatto, Gipson, Gomez, Gonzalez, Gray, Grove, Hadley, Harper,
Roger Hernández, Holden, Irwin, Jones, Jones-Sawyer, Kim,
Lackey, Levine, Linder, Lopez, Low, Maienschein, Mathis,
Mayes, McCarty, Medina, Melendez, Mullin, Nazarian, Obernolte,
O'Donnell, Olsen, Patterson, Perea, Quirk, Rendon,
Ridley-Thomas, Rodriguez, Salas, Santiago, Steinorth, Mark
Stone, Thurmond, Ting, Wagner, Waldron, Weber, Wilk, Williams,
Wood, Atkins
NO VOTE RECORDED: Campos, Dahle, Beth Gaines, Gordon
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Prepared by:Laurie Harris / E.Q. / (916) 651-4108
7/13/15 10:22:29
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