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:  8/26/15 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 Cívico 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.

          Senate Floor Amendments of 8/26/15 clarify that, when updating  
          the CalEnviroScreen tool for the California-Mexico border  
          region, as specified, the data shall be "of sufficient quality."

          ANALYSIS: 
          
          Existing law:









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          1)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)

          2)Under the GGRF Investment Plan and Communities Revitalization  
            Act, requires 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)

          3)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)

          4)Requires the ARB, in consultation with CalEPA, to develop  
            funding guidelines for administering agencies receiving  
            allocations of GGRF funds that include 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 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  








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               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  
            specified data that is "of sufficient quality" 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  
          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  








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          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,  
          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  








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          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  
          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  








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          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  
          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.









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          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  
          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, in collaboration with academic,  
          state, and federal partners, agencies are conducting studies to  
          evaluate air quality in communities in the southern part of San  
          Diego County, in the southern parts of Imperial County,  
          including the Calexico border, and near the San Ysidro border  
          crossing for fine particles. 

          Prior Legislation








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          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, Chapter 382, Statutes of 2009), 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

          According to the Assembly Appropriations Committee:

                 Absorbable additional costs, if any.


          SUPPORT:   (Verified8/28/15)


          Desert Protective Society
          Eastside (LA) Coalition Against Exide
          Imperial County Air Pollution Control District
          Labelgmos.org
          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
          West Berkeley Alliance for Clean and Safe Jobs


          OPPOSITION:   (Verified8/28/15)










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          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

          Prepared by:Laurie Harris / E.Q. / (916) 651-4108
          8/28/15 16:42:21


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