California 2017-2018 Regular Session

California Assembly Bill AB2120 Latest Draft

Bill / Amended Version Filed 04/12/2018

                            Amended IN  Assembly  April 12, 2018 CALIFORNIA LEGISLATURE 20172018 REGULAR SESSION Assembly Bill No. 2120Introduced by Assembly Member QuirkFebruary 08, 2018 An act to amend Section 41856 to add Article 3.5 (commencing with Section 41890) to Chapter 3 of Part 4 of Division 26 of the Health and Safety Code, relating to emissions. nonvehicular air pollution.LEGISLATIVE COUNSEL'S DIGESTAB 2120, as amended, Quirk. Fire: agricultural burning. Wildfires.Existing law imposes various limitations on emissions of air contaminants for the control of air pollution from vehicular and nonvehicular sources. Existing law requires the State Air Resources Board to promulgate guidelines for the regulation and control of agricultural burning for each of the air basins established by the state board. Existing law requires the guidelines to be based in part on the probable effect of burning on the ambient air quality within the air basins affected. This bill would require the state board to annually report on the air pollutant emissions following an unplanned wildfire that has burned 10,000 acres or more, as specified. The bill would require the state board to post the annual report on its Internet Web site in a publicly accessible format.Existing law requires the State Air Resources Board to promulgate guidelines for the regulation and control of agricultural burning for each of the air basins established by the state board.This bill would require the regulations to include a technical discussion of the likely emissions trade-offs of planned prescribed fire or managed wildfire ignitions, as provided.Digest Key Vote: MAJORITY  Appropriation: NO  Fiscal Committee: YES  Local Program: NO Bill TextThe people of the State of California do enact as follows:SECTION 1. Article 3.5 (commencing with Section 41890) is added to Chapter 3 of Part 4 of Division 26 of the Health and Safety Code, to read: Article 3.5. Wildfires41890. (a) The state board shall annually report on the air pollutant emissions following an unplanned wildfire that has burned 10,000 acres or more. The report shall include, but need not limited to, all of the following:(1) A technical discussion of the likely air pollutant emissions trade-offs of a planned prescribed fire or managed wildfire ignition according to both of the following:(A) The likely air pollutant emissions, either modeled, monitored real-time emissions, or remotely sensed plume densities from similar conditions using the best-available scientific methodologies. These outputs shall be compared to unplanned wildfire air pollutant emissions at the 97th percentile weather to display the emissions trade-offs and cumulative effects of planned and unplanned fire events.(B) Science-based fire regimes and fire frequency and the level of fire return interval departure for permitted burning in all the vegetation types where that information is available in the state.(2) Air pollutant emissions generated by wildfires in comparison to the likely air pollutant emissions from planned burning in the same area as the wildfire.(3) Necessary geographic and fuel data, as compiled in coordination with the Department of Forestry and Fire Protection.(4) A break down of the information by area or region.(b) The state board shall post the report on its Internet Web site in a publicly accessible format.SECTION 1.Section 41856 of the Health and Safety Code is amended to read:41856.(a)The state board shall promulgate guidelines for the regulation and control of agricultural burning for each of the air basins established by the state board.(b)The burn authorization regulations shall include a technical discussion of the likely emissions trade-offs of planned prescribed fire or managed wildfire ignitions according to both of the following:(1)A discussion of likely emission outputs, either modeled, monitored real-time emissions, or remotely sensed plume densities from similar conditions. These outputs shall be compared to unplanned wildfire emissions at 97th percentile weather to display emission trade-offs and cumulative effects of planned and unplanned fire events. The use of best available scientific methodologies will build better understanding between the public, policy makers, air regulators, and fire managers while managing Californias natural resources.(2)A discussion of science-based fire regimes and fire frequency and the level of fire return interval departure for permitted burning in all the vegetation types where that information is available in the state.

 Amended IN  Assembly  April 12, 2018 CALIFORNIA LEGISLATURE 20172018 REGULAR SESSION Assembly Bill No. 2120Introduced by Assembly Member QuirkFebruary 08, 2018 An act to amend Section 41856 to add Article 3.5 (commencing with Section 41890) to Chapter 3 of Part 4 of Division 26 of the Health and Safety Code, relating to emissions. nonvehicular air pollution.LEGISLATIVE COUNSEL'S DIGESTAB 2120, as amended, Quirk. Fire: agricultural burning. Wildfires.Existing law imposes various limitations on emissions of air contaminants for the control of air pollution from vehicular and nonvehicular sources. Existing law requires the State Air Resources Board to promulgate guidelines for the regulation and control of agricultural burning for each of the air basins established by the state board. Existing law requires the guidelines to be based in part on the probable effect of burning on the ambient air quality within the air basins affected. This bill would require the state board to annually report on the air pollutant emissions following an unplanned wildfire that has burned 10,000 acres or more, as specified. The bill would require the state board to post the annual report on its Internet Web site in a publicly accessible format.Existing law requires the State Air Resources Board to promulgate guidelines for the regulation and control of agricultural burning for each of the air basins established by the state board.This bill would require the regulations to include a technical discussion of the likely emissions trade-offs of planned prescribed fire or managed wildfire ignitions, as provided.Digest Key Vote: MAJORITY  Appropriation: NO  Fiscal Committee: YES  Local Program: NO 

 Amended IN  Assembly  April 12, 2018

Amended IN  Assembly  April 12, 2018

 CALIFORNIA LEGISLATURE 20172018 REGULAR SESSION

Assembly Bill No. 2120

Introduced by Assembly Member QuirkFebruary 08, 2018

Introduced by Assembly Member Quirk
February 08, 2018

 An act to amend Section 41856 to add Article 3.5 (commencing with Section 41890) to Chapter 3 of Part 4 of Division 26 of the Health and Safety Code, relating to emissions. nonvehicular air pollution.

LEGISLATIVE COUNSEL'S DIGEST

## LEGISLATIVE COUNSEL'S DIGEST

AB 2120, as amended, Quirk. Fire: agricultural burning. Wildfires.

Existing law imposes various limitations on emissions of air contaminants for the control of air pollution from vehicular and nonvehicular sources. Existing law requires the State Air Resources Board to promulgate guidelines for the regulation and control of agricultural burning for each of the air basins established by the state board. Existing law requires the guidelines to be based in part on the probable effect of burning on the ambient air quality within the air basins affected. This bill would require the state board to annually report on the air pollutant emissions following an unplanned wildfire that has burned 10,000 acres or more, as specified. The bill would require the state board to post the annual report on its Internet Web site in a publicly accessible format.Existing law requires the State Air Resources Board to promulgate guidelines for the regulation and control of agricultural burning for each of the air basins established by the state board.This bill would require the regulations to include a technical discussion of the likely emissions trade-offs of planned prescribed fire or managed wildfire ignitions, as provided.

Existing law imposes various limitations on emissions of air contaminants for the control of air pollution from vehicular and nonvehicular sources. Existing law requires the State Air Resources Board to promulgate guidelines for the regulation and control of agricultural burning for each of the air basins established by the state board. Existing law requires the guidelines to be based in part on the probable effect of burning on the ambient air quality within the air basins affected. 

This bill would require the state board to annually report on the air pollutant emissions following an unplanned wildfire that has burned 10,000 acres or more, as specified. The bill would require the state board to post the annual report on its Internet Web site in a publicly accessible format.

Existing law requires the State Air Resources Board to promulgate guidelines for the regulation and control of agricultural burning for each of the air basins established by the state board.



This bill would require the regulations to include a technical discussion of the likely emissions trade-offs of planned prescribed fire or managed wildfire ignitions, as provided.



## Digest Key

## Bill Text

The people of the State of California do enact as follows:SECTION 1. Article 3.5 (commencing with Section 41890) is added to Chapter 3 of Part 4 of Division 26 of the Health and Safety Code, to read: Article 3.5. Wildfires41890. (a) The state board shall annually report on the air pollutant emissions following an unplanned wildfire that has burned 10,000 acres or more. The report shall include, but need not limited to, all of the following:(1) A technical discussion of the likely air pollutant emissions trade-offs of a planned prescribed fire or managed wildfire ignition according to both of the following:(A) The likely air pollutant emissions, either modeled, monitored real-time emissions, or remotely sensed plume densities from similar conditions using the best-available scientific methodologies. These outputs shall be compared to unplanned wildfire air pollutant emissions at the 97th percentile weather to display the emissions trade-offs and cumulative effects of planned and unplanned fire events.(B) Science-based fire regimes and fire frequency and the level of fire return interval departure for permitted burning in all the vegetation types where that information is available in the state.(2) Air pollutant emissions generated by wildfires in comparison to the likely air pollutant emissions from planned burning in the same area as the wildfire.(3) Necessary geographic and fuel data, as compiled in coordination with the Department of Forestry and Fire Protection.(4) A break down of the information by area or region.(b) The state board shall post the report on its Internet Web site in a publicly accessible format.SECTION 1.Section 41856 of the Health and Safety Code is amended to read:41856.(a)The state board shall promulgate guidelines for the regulation and control of agricultural burning for each of the air basins established by the state board.(b)The burn authorization regulations shall include a technical discussion of the likely emissions trade-offs of planned prescribed fire or managed wildfire ignitions according to both of the following:(1)A discussion of likely emission outputs, either modeled, monitored real-time emissions, or remotely sensed plume densities from similar conditions. These outputs shall be compared to unplanned wildfire emissions at 97th percentile weather to display emission trade-offs and cumulative effects of planned and unplanned fire events. The use of best available scientific methodologies will build better understanding between the public, policy makers, air regulators, and fire managers while managing Californias natural resources.(2)A discussion of science-based fire regimes and fire frequency and the level of fire return interval departure for permitted burning in all the vegetation types where that information is available in the state.

The people of the State of California do enact as follows:

## The people of the State of California do enact as follows:

SECTION 1. Article 3.5 (commencing with Section 41890) is added to Chapter 3 of Part 4 of Division 26 of the Health and Safety Code, to read: Article 3.5. Wildfires41890. (a) The state board shall annually report on the air pollutant emissions following an unplanned wildfire that has burned 10,000 acres or more. The report shall include, but need not limited to, all of the following:(1) A technical discussion of the likely air pollutant emissions trade-offs of a planned prescribed fire or managed wildfire ignition according to both of the following:(A) The likely air pollutant emissions, either modeled, monitored real-time emissions, or remotely sensed plume densities from similar conditions using the best-available scientific methodologies. These outputs shall be compared to unplanned wildfire air pollutant emissions at the 97th percentile weather to display the emissions trade-offs and cumulative effects of planned and unplanned fire events.(B) Science-based fire regimes and fire frequency and the level of fire return interval departure for permitted burning in all the vegetation types where that information is available in the state.(2) Air pollutant emissions generated by wildfires in comparison to the likely air pollutant emissions from planned burning in the same area as the wildfire.(3) Necessary geographic and fuel data, as compiled in coordination with the Department of Forestry and Fire Protection.(4) A break down of the information by area or region.(b) The state board shall post the report on its Internet Web site in a publicly accessible format.

SECTION 1. Article 3.5 (commencing with Section 41890) is added to Chapter 3 of Part 4 of Division 26 of the Health and Safety Code, to read:

### SECTION 1.

 Article 3.5. Wildfires41890. (a) The state board shall annually report on the air pollutant emissions following an unplanned wildfire that has burned 10,000 acres or more. The report shall include, but need not limited to, all of the following:(1) A technical discussion of the likely air pollutant emissions trade-offs of a planned prescribed fire or managed wildfire ignition according to both of the following:(A) The likely air pollutant emissions, either modeled, monitored real-time emissions, or remotely sensed plume densities from similar conditions using the best-available scientific methodologies. These outputs shall be compared to unplanned wildfire air pollutant emissions at the 97th percentile weather to display the emissions trade-offs and cumulative effects of planned and unplanned fire events.(B) Science-based fire regimes and fire frequency and the level of fire return interval departure for permitted burning in all the vegetation types where that information is available in the state.(2) Air pollutant emissions generated by wildfires in comparison to the likely air pollutant emissions from planned burning in the same area as the wildfire.(3) Necessary geographic and fuel data, as compiled in coordination with the Department of Forestry and Fire Protection.(4) A break down of the information by area or region.(b) The state board shall post the report on its Internet Web site in a publicly accessible format.

 Article 3.5. Wildfires41890. (a) The state board shall annually report on the air pollutant emissions following an unplanned wildfire that has burned 10,000 acres or more. The report shall include, but need not limited to, all of the following:(1) A technical discussion of the likely air pollutant emissions trade-offs of a planned prescribed fire or managed wildfire ignition according to both of the following:(A) The likely air pollutant emissions, either modeled, monitored real-time emissions, or remotely sensed plume densities from similar conditions using the best-available scientific methodologies. These outputs shall be compared to unplanned wildfire air pollutant emissions at the 97th percentile weather to display the emissions trade-offs and cumulative effects of planned and unplanned fire events.(B) Science-based fire regimes and fire frequency and the level of fire return interval departure for permitted burning in all the vegetation types where that information is available in the state.(2) Air pollutant emissions generated by wildfires in comparison to the likely air pollutant emissions from planned burning in the same area as the wildfire.(3) Necessary geographic and fuel data, as compiled in coordination with the Department of Forestry and Fire Protection.(4) A break down of the information by area or region.(b) The state board shall post the report on its Internet Web site in a publicly accessible format.

 Article 3.5. Wildfires

 Article 3.5. Wildfires

41890. (a) The state board shall annually report on the air pollutant emissions following an unplanned wildfire that has burned 10,000 acres or more. The report shall include, but need not limited to, all of the following:(1) A technical discussion of the likely air pollutant emissions trade-offs of a planned prescribed fire or managed wildfire ignition according to both of the following:(A) The likely air pollutant emissions, either modeled, monitored real-time emissions, or remotely sensed plume densities from similar conditions using the best-available scientific methodologies. These outputs shall be compared to unplanned wildfire air pollutant emissions at the 97th percentile weather to display the emissions trade-offs and cumulative effects of planned and unplanned fire events.(B) Science-based fire regimes and fire frequency and the level of fire return interval departure for permitted burning in all the vegetation types where that information is available in the state.(2) Air pollutant emissions generated by wildfires in comparison to the likely air pollutant emissions from planned burning in the same area as the wildfire.(3) Necessary geographic and fuel data, as compiled in coordination with the Department of Forestry and Fire Protection.(4) A break down of the information by area or region.(b) The state board shall post the report on its Internet Web site in a publicly accessible format.



41890. (a) The state board shall annually report on the air pollutant emissions following an unplanned wildfire that has burned 10,000 acres or more. The report shall include, but need not limited to, all of the following:

(1) A technical discussion of the likely air pollutant emissions trade-offs of a planned prescribed fire or managed wildfire ignition according to both of the following:

(A) The likely air pollutant emissions, either modeled, monitored real-time emissions, or remotely sensed plume densities from similar conditions using the best-available scientific methodologies. These outputs shall be compared to unplanned wildfire air pollutant emissions at the 97th percentile weather to display the emissions trade-offs and cumulative effects of planned and unplanned fire events.

(B) Science-based fire regimes and fire frequency and the level of fire return interval departure for permitted burning in all the vegetation types where that information is available in the state.

(2) Air pollutant emissions generated by wildfires in comparison to the likely air pollutant emissions from planned burning in the same area as the wildfire.

(3) Necessary geographic and fuel data, as compiled in coordination with the Department of Forestry and Fire Protection.

(4) A break down of the information by area or region.

(b) The state board shall post the report on its Internet Web site in a publicly accessible format.





(a)The state board shall promulgate guidelines for the regulation and control of agricultural burning for each of the air basins established by the state board.



(b)The burn authorization regulations shall include a technical discussion of the likely emissions trade-offs of planned prescribed fire or managed wildfire ignitions according to both of the following:



(1)A discussion of likely emission outputs, either modeled, monitored real-time emissions, or remotely sensed plume densities from similar conditions. These outputs shall be compared to unplanned wildfire emissions at 97th percentile weather to display emission trade-offs and cumulative effects of planned and unplanned fire events. The use of best available scientific methodologies will build better understanding between the public, policy makers, air regulators, and fire managers while managing Californias natural resources.



(2)A discussion of science-based fire regimes and fire frequency and the level of fire return interval departure for permitted burning in all the vegetation types where that information is available in the state.