BILL ANALYSIS
SB 382
SENATE COMMITTEE ON ENVIRONMENTAL QUALITY
Senator S. Joseph Simitian, Chairman
2009-2010 Regular Session
BILL NO: SB 382
AUTHOR: Florez
AMENDED: March 31, 2009
FISCAL: No HEARING DATE: May 4, 2009
URGENCY: No CONSULTANT: Randy Pestor
SUBJECT : AGRICULTURAL BURNING
SUMMARY :
Existing law :
1) Provides the California Air Resources Board (ARB) with
primary responsibility for control of mobile source air
pollution, including adoption of rules for reducing vehicle
emissions and the specification of vehicular fuel
composition. (Health and Safety Code 39000 et seq. and
39500 et seq.). The ARB must coordinate efforts to attain
and maintain ambient air quality standards. (Health and
Safety Code 39003).
2) Provides that air pollution control districts (APCDs) and
air quality management districts (AQMDs) have primary
responsibility for controlling air pollution from all
sources, other than emissions from mobile sources. (Health
and Safety Code 40000 et seq.). Certain APCDs and AQMDs
are established, with related authority, including the San
Joaquin Valley Unified Air Pollution Control District
(SJVUAPCD). (Health and Safety Code 40600 et seq.).
3) Requires the ARB to develop and conduct a program of
monitoring airborne particles smaller than 2.5 microns in
diameter (PM 2.5) that must be designed to meet certain
requirements. (Health and Safety Code 39619.5).
4) Requires ARB (in consultation with APCDs and AQMDs), on or
before January 1, 2005, to develop and adopt a list of the
most readily available, feasible, and cost-effective
proposed control measures that could be employed to reduce
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PM 2.5 and PM 10. The ARB must specify in the list whether
a proposed control measure is intended to reduce PM 2.5 and
PM 10, and whether it is a proposed control measure for
adoption. No later than July 31, 2005, the ARB must adopt
an implementation schedule for state measures, and each air
district must adopt an implementation schedule for the most
cost-effective local measures, from the list. (Health and
Safety Code 39614).
5) Prohibits a person from knowingly permit agricultural
burning without a valid permit from the agency designated
by the ARB to issue the permits. ARB must designate public
fire protection agencies or other equivalent agencies to
issue these permits, and must adopt rules and regulations
to provide a procedure for the issuance of the permits. A
permit is not valid for any day when agricultural burning
is prohibited by the ARB, APCD, or AQMD, and each permit
must include a statement regarding this prohibition (Health
and Safety Code 41852, 41853, 41854).
6) Prohibits the issuance of a permit to burn certain
categories of agricultural waste within SJVUAPCD
jurisdiction, requires the SJVUAPCD to develop and adopt
rules establishing best management practices for other
weeds and maintenance control, and requires the SJVUAPCD to
develop and adopt rules to regulate diseased crop burning
if certain conditions are met. (Health and Safety Code
41855.5).
This bill :
1) Provides that a permit issued to a person to burn
agricultural waste within the jurisdiction of the SJVUAPCD
is not valid when the operation of a wood burning
fireplace, wood burning heater, or outdoor wood burning
device is prohibited by the SJVUAPCD. Each permit issued
within the jurisdiction of the SJVUAPCD must contain a
warning regarding this prohibition.
2) Prohibits the SJVUAPCD from making any rules or
promulgating regulations enabling any entity or person to
burn agricultural waste on any day that the SJVUAPCD
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prohibits the operation of a wood burning fireplace, wood
burning heater, or outdoor wood burning device.
3) Contains related legislative intent, including intent that
the SJVUAPCD "established a policy that would create parity
between agricultural burning and residential wood burning
on days designated by the district as 'no burn' days."
COMMENTS :
1) Purpose of Bill . According to the author, "An almond
branch burned in a field is no different than what you put
in your fireplace. An ag burn is not good for the air. If
we're getting to the point where we're not going to let
residents burn in their fireplaces, then ag needs to find
some sort of symmetrical solution."
Current law provides for the regulation of agricultural
burning and wood burning devices, with additional state
restrictions on agricultural waste burning within the
jurisdiction of the SJVUAPCD. According to the author, "SB
382 ensures that if there are no burn days for residential
fireplaces, then there are no burn days for agricultural
waste."
2) ARB required to adopt control measures for woodstoves and
agricultural burning . As noted above, ARB (in consultation
with APCDs and AQMDs) must develop and adopt a list of the
most readily available, feasible, and cost-effective
proposed control measures that could be employed to reduce
PM 2.5 and PM 10. The list must include control measures
for certain emission source categories, including
stationary combustion sources, woodstoves and fireplaces,
commercial grilling operations, agricultural burning,
construction and grading operations, and diesel-powered
engines used in stationary and mobile applications.
3) Threat of wood smoke to public health . The ARB recently
heard results of several studies showing that smoke from
wood fires aggravates lung and heart disease. According to
ARB Release 09-06:
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"ARB research staff reviewed four recent national
toxicological studies in presenting today's findings to the
Board. The findings support fireplace ordinances that many
local air districts throughout California are implementing.
The research found that wood smoke can cause a 10 percent
increase of hospital admissions for respiratory problems
among children. ARB estimates that between 20 to 80
percent of ambient wintertime particulate matter is due to
wood smoke. Studies have found up to 70 percent of smoke
from chimneys can re-enter a home or neighboring
residences.
Wood smoke consists of several pollutants, including carbon
monoxide, nitrogen dioxide, particulate matter and other
irritating and toxic components. California's wood smoke
problem and its pollution problem in general, are
compounded by the state's geography and weather. The many
valleys and calm air cause the pollutants to remain at
ground level rather than be swept away.
In several areas throughout California, air quality officials
are restricting residential wood burning on days when
particulate matter pollution is expected to be high. These
and other strategies are substantially reducing wintertime
peak particulate matter levels and therefore should reduce
the risk of cardiovascular hospitalizations and premature
deaths."
4) Related PM 2.5 and PM 10 legislation . AB 968 (Knox)
Chapter 518, Statutes of 1997, established a program to
monitor airborne fine particles smaller than 2.5 microns in
diameter (PM 2.5). AB 2701 (Runner) Chapter 644, Statutes
of 2004, required the ARB to place, and annually update,
the status and results of the monitoring program on the ARB
website.
SB 656 (Sher) Chapter 738, Statutes of 2003, provided for the
ARB to develop and adopt a list of the most readily
available, feasible, and cost-effective proposed control
measures to reduce PM 2.5 and PM 10, and for ARB and air
districts to adopt an implementation schedule for measures
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on the list.
SB 705 (Florez) Chapter 481, Statutes of 2003, prohibited
issuance of permits for agricultural burning of certain
categories of agricultural waste within the SJVUAPCD
jurisdiction, with certain exceptions.
AB 841 (Arambula) Chapter 404, Statutes of 2007, required the
San Joaquin Valley Unified Air Pollution Control District
to install one or more monitors for monitoring airborne
fine particles smaller than PM 2.5 in primarily low-income
and underserved areas in the western region of the Fresno
County.
AJR 40 (DeLeon) Resolution Chapter 90 of 2008, memorializes
the U.S. President to urge immediate steps to rectify
exposure to PM 2.5 in the South Coast Air Basin, including:
a) stringent regulations by U.S. EPA for mobile source
emissions sufficient to ensure compliance with air quality
standards required by federal law, and b) appropriation of
federal funds for projects resulting in an immediate
reduction in PM 2.5 concentrations in the South Coast Air
Basin sufficient to ensure compliance with air quality
standards required by federal law and to implement measures
to protect the health and safety of residents in areas of
high PM 2.5 concentrations.
SB 554 (Hollingsworth), to be heard by this Committee May 4,
2009, prohibits an APCD or AQMD from adopting or
implementing any rule or regulation restricting or
prohibiting the installation or operation of any
wood-burning fireplace, wood-burning heater, or
wood-burning stove in any new or existing residential
structure.
5) Technical consideration . Because the definition of
"person" in Health and Safety Code 19 and 39047 cover
various entities, "entity or" should be stricken on page 3,
line 17.
SOURCE : Senator Florez
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SUPPORT : San Joaquin Valley Air Pollution Control
District
OPPOSITION : None on file