Introduced
California : 2025-2026 Regular Session : BILL AB914
Air pollution: indirect sources: toxic air contaminants.
Sponsor:
Bill Details
An act to amend Sections 39602.5 and 39666 of, to add Sections 39034.5 and 39607.2 to, and to add Article 7 (commencing with Section 39676) to Chapter 3.5 of Part 2 of Division 26 of, the Health and Safety Code, relating to air pollution.
Bill summary (AI generated)
**Bill Summary:** Assembly Bill No. 914 amends various sections of the California Health and Safety Code to enhance the regulation of air pollution, specifically concerning indirect sources and toxic air contaminants. The State Air Resources Board (CARB) is designated as the state agency responsible for controlling pollution from these sources, in coordination with air pollution control districts. **Key Proposals:** 1. **Indirect Sources Regulation**: The bill mandates that CARB adopts and enforces regulations for indirect sources of emissions. Fees will be established on facilities and mobile sources to cover the costs of these regulations, with funds directed to the Air Pollution Control Fund. 2. **Statewide Reporting Program**: CARB is required to set up a reporting program to quantify emissions from indirect sources annually. This includes data collection from mobile sources that interact with these indirect sources. 3. **Toxic Air Contaminants**: The bill authorizes CARB to assess and collect fees from emitters of toxic air contaminants, which will be deposited into the Certification and Compliance Fund. These fees will support the regulation and control of toxic emissions. 4. **Amendments to Control Measures**: Amendments are made to existing provisions, outlining procedures for the development and implementation of airborne toxic control measures, emphasizing reductions in emissions to protect public health, especially in disadvantaged communities. 5. **Public Information Accessibility**: Modifications ensure that the public has access to information relevant to air quality and health impacts, without compromising protected business information. 6. **No Reimbursement Required**: The bill specifies that no reimbursement to local agencies is necessary for compliance with its provisions, as it pertains to changes involving crimes or infractions. This legislation reflects California's continuing efforts to address air quality challenges and is particularly focused on indirect sources contributing to pollution.
History
The bill AB914, titled "Air pollution: indirect sources: toxic air contaminants," was introduced on February 19, 2025, and subsequently underwent several committee evaluations and amendments. It has been approved by the Natural Resources Committee and is currently in the Appropriations Committee, waiting for further review, as it was placed in the suspense file on May 7, 2025. Next, the Appropriations Committee will decide whether to move the bill forward or hold it back. If it passes this stage, the bill will then proceed to the floor of the legislative chamber for debate and a vote. If it is not approved in the Appropriations Committee, the bill may effectively stall, unable to progress further in the legislative process.
- Wed 19 Feb 2025 Read first time. To print.
- Thu 20 Feb 2025 From printer. May be heard in committee March 22.
- Mon 24 Mar 2025 Referred to Com. on NAT. RES.
- Mon 24 Mar 2025 From committee chair, with author's amendments: Amend, and re-refer to Com. on NAT. RES. Read second time and amended.
- Tue 25 Mar 2025 Re-referred to Com. on NAT. RES.
- Tue 29 Apr 2025 From committee: Do pass and re-refer to Com. on APPR. (Ayes 10. Noes 4.) (April 28). Re-referred to Com. on APPR.
- Wed 07 May 2025 In committee: Set, first hearing. Referred to APPR. suspense file.
- Fri 23 May 2025 Assembly Rule 63 suspended. (Ayes 51. Noes 16.)
- Fri 23 May 2025 From committee: Amend, and do pass as amended. (Ayes 11. Noes 3.) (May 23).
- Fri 23 May 2025 Read second time and amended. Ordered returned to second reading.
Bill text (HTML)
|
Amended
IN
Assembly
March 24, 2025 |
CALIFORNIA LEGISLATURE—
2025–2026 REGULAR SESSION
Assembly Bill
No. 914
| Introduced by Assembly Member Garcia |
February 19, 2025 |
LEGISLATIVE COUNSEL'S DIGEST
AB 914, as amended, Garcia.
State Air Resources Board: regulations. Air pollution: indirect sources: toxic air contaminants.
Existing law generally designates the State Air Resources Board as the state agency with the primary responsibility for the control of vehicular air pollution, and air pollution control districts and air quality management districts with the primary responsibility for the control of air pollution from all sources other than vehicular sources. Existing law authorizes air districts to adopt and implement regulations to reduce or mitigate emissions from indirect sources of air pollution.
This bill would require the state board to adopt and enforce rules and regulations applicable to indirect sources of emissions, as specified. If the state board elects to exercise that authority, the bill would require the state board to establish a schedule of fees on facilities
and mobile sources to cover the reasonable costs of implementing and enforcing the regulations and would require the fees to be deposited in the Air Pollution Control Fund and made available to the state board upon appropriation by the Legislature. The bill would require the state board to establish a statewide reporting program to quantify emissions and annually collect related information from indirect sources of emissions.
Existing law requires the state board to identify toxic air contaminants that are emitted into the ambient air of the state and to adopt airborne toxic control measures to reduce emissions of toxic air contaminants. Existing law also requires the state board to designate any substance that is listed as a hazardous air pollutant under federal law as a toxic air contaminant and to establish airborne toxic control measures applicable to the substance in accordance with specified procedures.
This bill would authorize the state board to assess and collect reasonable fees on emitters of toxic air contaminants. The bill would require the fees to be deposited in the Certification and Compliance Fund and made available for the regulation of toxic air contaminants upon appropriation by the Legislature.
Existing law makes any violation of a rule or regulation of the state board relating to nonvehicular air pollution control a misdemeanor.
Because a violation of these rules or regulations of the state board with respect to nonvehicular sources subject to those rules and regulations would be a crime, this bill would impose a state-mandated local program.
The California Constitution requires the state to reimburse local agencies and school districts for certain
costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.
This bill would provide that no reimbursement is required by this act for a specified reason.
Existing law requires the State Air Resources Board to make available to the public each technical, theoretical, and empirical study, report, or similar document, if any, on which the agency relies, related to, but not limited to, air emissions, public health impacts, and economic impacts, before the comment period for any regulation proposed for adoption by the state board.
This bill would make a nonsubstantive change to this provision.
Digest Key
Vote: MAJORITY Appropriation: NO Fiscal Committee:Bill Text
The people of the State of California do enact as follows:
SECTION 1.
(a) The Legislature finds and declares all of the following:(1) Decades of policy leadership has improved air quality and public health for tens of millions of Californians, and beyond.
(2) California is home to the most difficult remaining air pollution challenges in the United States.
(3) The American Lung Association consistently ranks California cities as the most polluted in the nation for ozone and particulate pollution.
(4) The transportation sector is the dominant source of ozone-forming emissions and diesel particulate matter in California.
(5) Transportation-related air pollution is associated with premature death, death due to cardiovascular disease, death due to lung cancer, onset of asthma in children and adults, and other health emergencies.
(6) Millions of Californians face increased risk due to preexisting health conditions exacerbated by exposure to harmful air pollution, including communities of color and lower income communities.
(7) Communities nearest major hubs of freight activities, including ports,
rail yards, warehouses, and major roadways bear a disproportionate burden of harmful, toxic emissions.
(8) Air quality control districts and air quality management districts have authority under Section 40716 of the Health and Safety Code to reduce or mitigate emissions from indirect sources of air pollution.
(9) Emissions attributable to indirect sources include criteria pollutants, toxic air contaminants, and greenhouse gases.
(10) Indirect sources often attract mobile sources of pollution from across the state and across the state border. These air pollutants do not respect district boundaries.
(b) For the reasons stated in subdivision (a), it is the intent of the Legislature that the State Air Resources Board take a more active role in regulating
these indirect sources.
SEC. 2.
Section 39034.5 is added to the Health and Safety Code, to read:39034.5.
“Indirect source” has the same meaning as set forth in Section 7410(a)(5)(C) of Title 42 of the United States Code.SEC. 3.
Section 39602.5 of the Health and Safety Code is amended to read:39602.5.
(a) The state board shall adopt rules and regulations pursuant to Section 43013 that, in conjunction with other measures adopted by the state board, the districts, and the United States Environmental Protection Agency, will achieve ambient air quality standards required by the federal Clean Air Act (42 U.S.C. Sec. 7401 et seq.) in all areas of the state by the applicable attainment date, and to maintain these standards thereafter. The state board shall adopt these measures if they are necessary, technologically feasible, and cost effective, consistent with Section 43013.(b) If necessary to carry out its duties under this section, the state board shall adopt and enforce rules and regulations that anticipate the
development of new technologies or the improvement of existing technologies. The rules and regulations shall require standards that the state board finds and determines can likely be achieved by the compliance date set forth in the rule.
(c) If necessary to carry out its duties under this section, the state board shall adopt and enforce rules and regulations applicable to indirect sources of emissions. In doing so, the state board shall do all of the following:
(1) Consult with affected districts to ensure that any state regulation supports district emission reduction needs.
(2) Establish a schedule of fees on facilities and mobile sources limited in amount to cover only the reasonable costs of implementing and enforcing the regulations. Fees collected pursuant to this paragraph shall be deposited in the Air Pollution Control Fund and made available to the state board for those purposes upon appropriation by the Legislature.
(3) Eliminate or minimize impacts to disadvantaged, low-income, and high-poverty communities.
(4) Prioritize controls for indirect sources that have the most significant impact on air quality in the state or contribute to high-level, localized concentrations of
pollutants in disadvantaged, low-income, and high-poverty communities.
SEC. 4.
Section 39607.2 is added to the Health and Safety Code, to read:39607.2.
The state board shall establish a statewide reporting program to quantify emissions and annually collect related information from indirect sources of emissions, including data from on-road and off-road mobile sources that visit those sources, but are not owned or operated by those sources.SEC. 5.
Section 39666 of the Health and Safety Code is amended to read:39666.
(a) Following a noticed public hearing, the state board shall adopt airborne toxic control measures to reduce emissions of toxic air contaminants from nonvehicular sources.(b) For toxic air contaminants for which the state board has determined, pursuant to Section 39662, that there is a threshold exposure level below which no significant adverse health effects are anticipated, the airborne toxic control measure shall be designed, in consideration of the factors specified in subdivision (b) of Section 39665, to reduce emissions sufficiently so that the source will not result in, or contribute to, ambient levels at or in excess of the level which that may cause or contribute to adverse health effects as that level is estimated pursuant to subdivision (c) of Section 39660.
(c) For toxic air contaminants for which the state board has not specified a threshold exposure level pursuant to Section 39662, the airborne toxic control measure shall be designed, in consideration of the factors specified in subdivision (b) of Section 39665, to reduce emissions to the lowest level achievable through application of best available control technology or a more effective control method, unless the state board or a district board determines, based on an assessment of risk, that an alternative level of emission reduction is adequate or necessary to prevent an endangerment of public health.
(d)
Not later than 120 days after the adoption or implementation by the state board of an airborne toxic control measure pursuant to this section or Section 39658, the districts shall implement and enforce the airborne toxic control measure or shall propose regulations enacting airborne toxic control measures on nonvehicular sources within their jurisdiction which that meet the requirements of subdivisions (b), (c), and (e), except that a district may, at its option, and after considering the factors specified in subdivision (b) of Section 39665, adopt and enforce equally effective or more stringent airborne toxic control measures than the airborne toxic control measures adopted by the state board. A district shall adopt rules and regulations implementing airborne toxic control measures on nonvehicular sources within its jurisdiction in conformance with subdivisions (b), (c), and (e), not later than six months following the adoption of airborne toxic control measures by the state board.
(e) District new source review rules and regulations shall require new or modified sources to control emissions of toxic air contaminants consistent with
subdivisions (b), (c), and (d) and Article 2.5 (commencing with Section 39656).
(f) Where an airborne toxic control measure requires the use of a specified method or methods to reduce, avoid, or eliminate the emissions of a toxic air contaminant, a source may submit to the district an alternative method or methods that will achieve an equal or greater amount of reduction in emissions of, and risk associated with, that toxic air contaminant. The district shall approve the proposed alternative method or methods if the operator of the source demonstrates that the method is, or the methods are, enforceable, that equal or greater amounts of reduction in emissions and risk will be achieved, and that the reductions will be achieved within the time period required by the applicable airborne toxic control measure. The district shall revoke approval of the alternative method or methods if the source fails to adequately implement the approved alternative
method or methods or if subsequent monitoring demonstrates that the alternative method or methods do not reduce emissions and risk as required. The district shall notify the state board of any action it proposes to take pursuant to this subdivision. This subdivision is operative only to the extent it is consistent with the federal act.
(g) For a given toxic air contaminant or airborne toxic control measure, the state board shall adopt and enforce rules and regulations applicable to indirect sources of emissions. In doing so, the state board shall do all of the following:
(1) Consult with affected districts to ensure that any state regulation supports district emission reduction needs.
(2) Establish a schedule of fees on facilities and mobile sources limited in amount to cover only the reasonable costs of implementing and enforcing the regulations. Fees collected pursuant to this paragraph shall be deposited in the Air Pollution Control Fund and made available to the state board for those purposes upon appropriation by the Legislature.
(3) Prioritize controls for indirect sources that have the most significant impact on air quality in the state or contribute to high-level, localized concentrations of pollutants in disadvantaged, low-income, and high-poverty communities.
SEC. 6.
Article 7 (commencing with Section 39676) is added to Chapter 3.5 of Part 2 of Division 26 of the Health and Safety Code, to read:Article 7. Fees
39676.
(a) The state board may assess and collect reasonable fees on emitters of toxic air contaminants.(b) Revenue collected pursuant to this article shall be expended to carry out responsibilities authorized by this chapter, including, but not limited to, any of the following:
(1) Developing new, and amending existing, airborne toxic control measures.
(2) Developing new, and amending existing, emission reduction measures for on-road and nonroad sources.
(3) Implementing and enforcing airborne toxic control measures and emission reduction measures for
on-road and nonroad sources.
(4) Identifying, quantifying, inventorying, monitoring, evaluating, and reducing emissions of toxic pollutants in communities across the state, as determined to be necessary by the state board.
(c) Fees collected pursuant to this article shall be limited to an amount sufficient to cover the state board’s reasonable costs in developing and implementing the programs authorized by this chapter, including any administrative costs, and may be adjusted by the annual change in the California Consumer Price Index, as determined pursuant to Section 2212 of the Revenue and Taxation Code, for the preceding year.
(d) Fees collected by the state board pursuant to this section shall be deposited in the Certification and Compliance Fund and shall be available upon appropriation by the Legislature for
purposes specified in this chapter.
SEC. 7.
No reimbursement is required by this act pursuant to Section 6 of Article XIII B of the California Constitution because the only costs that may be incurred by a local agency or school district will be incurred because this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIII B of the California Constitution.(a)The state board shall make available to the public all information described in paragraph (3) of subdivision (b) of Section 11346.2 of the Government Code, related to, but not limited to, air emissions, public health impacts, and economic impacts, before the comment period for any regulation proposed for adoption by the state board.
(b)In meeting the requirement of subdivision (a), the state board shall not release proprietary, confidential, or otherwise legally protected business information. The state board shall release information in aggregated form, where
necessary, to protect proprietary, confidential, or otherwise legally protected business information.