BILL ANALYSIS
SENATE FOOD and AGRICULTURE COMMITTEE
Senator Dean Florez, Chairman
BILL NO: SB 382 HEARING: 4/21/09
AUTHOR: Florez FISCAL: No
VERSION: 3/31/09 CONSULTANT: John Chandler
Agricultural burning: consistency with no burn days.
BACKGROUND AND EXISTING LAW
The California State Air Resources Board (ARB) is responsible
for implementing California air quality regulations. Current
law prohibits agricultural burning unless they have a permit by
a designate of the ARB. Further, the law prohibits issuing a
permit on a day that the ARB or local air board has prohibited
agricultural burning. Agricultural burning is commonly
prohibited in the San Joaquin Valley Unified Air Pollution
Control District when the Air Quality Index (AQI) is over 150,
considered unhealthy.
In 2003, Senator Florez achieved passage of his 700 series of
legislation targeting air quality in the San Joaquin Valley.
Among the many changes that were part of the "700 series" of
bills,
SB 705 (Chapter 481 Statues of 2003) set forth a timeline for
phasing out almost all agricultural burning in the San Joaquin
Valley Unified Air Pollution Control District by 2010. Some
exemptions were permitted for the burning of diseased crops.
Currently, the Valley is federally classified as extreme
non-attainment for the federal 1-hr ground-level ozone, serious
non-attainment for the federal 8-hr ground-level ozone, serious
non-attainment for particulate matter less than 10 microns in
diameter (PM10) standard, and
non-attainment for particulate matter less than 2.5 microns in
diameter (PM2.5) standard. Additionally, the Valley is
classified as severe non-attainment for the California ozone
standard and non-attainment for the state's PM10 standard.
Federal and state laws require emission control measures in
areas where air pollution exceeds standards. Local air pollution
control districts, such as the San Joaquin Valley Unified Air
Pollution Control District (District), develop plans and
implement control measures in their areas. The San Joaquin
Valley Air Pollution Control District is made up of eight
counties in California's Central Valley: San Joaquin,
Stanislaus, Merced, Madera, Fresno, Kings, Tulare, and the San
Joaquin Valley Air Basin portion of Kern.
SB 382 - Page 2
The District adopted rules in October 2008 governing the use of
wood burning fireplaces and wood burning heaters to limit carbon
monoxide and particulate matter emissions. These rules commonly
prohibit the use wood burning fireplaces and wood burning
heaters between November and February when the AQI is over 80,
considered Moderate pollution level.
PROPOSED LAW
SB 382 would invalidate an agricultural burn permit issued in
the San Joaquin Valley Unified Air Pollution Control District on
a day on which the district prohibits the use of wood burning
fireplaces.
COMMENTS
1.Under the current system, agricultural burning is allowed on
days on which wood burning in fireplaces is prohibited. SB
382 would ensure that a no burn day is truly a no burn day,
for both residential wood burning and agricultural burning.
Recent studies have shown that no burn days have reduced
illness throughout the Valley and reduced deaths. An
estimated 31 fewer deaths in Bakersfield alone are attributed
to no burn days. According to the author if we are not going
to let residents burn in their fireplaces, then agricultural
burning needs to find some sort of symmetrical solution.
2.The Florez "700 series" will ultimately eliminate nearly all
agriculture burning in the District by 2010. The Committee
may want to consider the impact of this bill if most
agriculture burning is already being phased out.
3.The Senate Rules Committee has doubled referred this bill to
the Senate Environmental Quality Committee as the second
committee of referral. Therefore, if this measure is approved
by this committee, the motion should include an action to
re-refer the bill to the Senate Committee on Environmental
Quality.
SUPPORT
San Joaquin Valley Air Pollution Control District
OPPOSITION
SB 382 - Page 3
None received