California 2017 2017-2018 Regular Session

California Assembly Bill AB891 Introduced / Bill

Filed 02/16/2017

                    CALIFORNIA LEGISLATURE 20172018 REGULAR SESSION Assembly Bill No. 891Introduced by Assembly Member Eduardo GarciaFebruary 16, 2017 An act to amend Section 71090 of the Public Resources Code, relating to environmental justice. LEGISLATIVE COUNSEL'S DIGESTAB 891, as introduced, Eduardo Garcia. California Communities Environmental Health Screening.Existing law requires the California Environmental Protection Agency to identify disadvantaged communities as part of a 3-year investment plan developed by the Department of Finance for the moneys collected by the State Air Resources Board resulting from a market-based compliance mechanism relative to greenhouse gas emissions. Existing law requires the Office of Environmental Health Hazard Assessment to update the California Communities Environmental Health Screening tool, developed by the agency and the office for the purposes of identifying those disadvantaged communities. Existing law requires the office to report to the Legislature on air quality, water quality, and toxic release and hazardous waste site data necessary for updating the indicators in the tool for communities located in the California-Mexico border region, and to include that data in the next update of the tool if it is of sufficient quality and available for those communities.This bill would require the State Air Resources Board, in partnership with the office, to include one year of data from certain local air monitoring studies, including data on particulate matter with a diameter of 2.5 micrometers or less, ozone, and diesel particulate matter. The bill would require funds to be allocated, upon appropriation by the Legislature, to the board and the office to support the continued collection of this data. The bill would require the board to collect data, separate from the local air monitoring studies, to account for cross-border pollution and, on or before January 1, 2019, to submit a report to the Legislature detailing the methods used to account for cross-border pollution, any barriers to collecting that data, and future plans for collecting that data.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. Section 71090 of the Public Resources Code is amended to read:71090. (a) For purposes of this part, the following terms have the following meanings:(1) Board means the State Air Resources Board.(1)(2) Office means the Office of Environmental Health Hazard Assessment.(2)(3) PM2.5 means particulate matter with a diameter of 2.5 micrometers or less.(4) Tool means the California Communities Environmental Health Screening, also known as CalEnviroScreen, that is used to identify disadvantaged communities pursuant to Section 39711 of the Health and Safety Code.(b) (1) In the next update of the tool or by January 1, 2017, 2019, whichever is sooner, the office shall report to the Legislature on air quality, water quality, and toxic release and hazardous waste site data necessary for updating the indicators in the tool for communities located in the California-Mexico border region, including both of the following:(A) Deficiencies in and barriers to accessing necessary data.(B) Current and future monitoring studies and plans for obtaining the data.(2) A report submitted pursuant to this subdivision shall be submitted in compliance with Section 9795 of the Government Code.(c) For the purposes of subdivision (b), necessary data and information may include, but need not be limited to, the following:(1) Air quality measurements for ozone and particulate matter 2.5 microns and smaller in size PM2.5 in the border region.(2) Vehicle emissions at border crossings.(3) Complete traffic density data within 150 meters of the border.(4) Water quality data for waterways that cross the border.(5) Feasibility of incorporating into the tool information from Mexico contained in the Pollutant Release and Transfer Registry.(d) When such data of sufficient quality identified in subdivisions (b) and (c) are available for the communities in the California-Mexico border region, the office shall include that data in the next update of the tool.(e) The board, in partnership with the office, shall include in the air quality data provided to update the indicators in the next update of the tool one year of data from the Imperial County and San Ysidro air monitoring studies, including data on PM2.5, ozone, and diesel particulate matter. Funds shall be allocated to the board and the office, upon appropriation by the Legislature, to support the continued collection of data from the Imperial County and San Ysidro air monitoring studies on PM2.5, ozone, and diesel particulate matter as necessary to meet the boards minimum monitoring requirements for purposes of the tool.(f) (1) The board shall collect data, separate from the Imperial County and San Ysidro air monitoring studies, to account for cross-border pollution for PM2.5, ozone, and diesel particulate matter.(2) On or before January 1, 2019, the board shall submit a report to Legislature, in compliance with Section 9795 of the Government Code, detailing the methods used to account for cross-border pollution for PM2.5, ozone, and diesel particulate matter, any barriers to collecting that data, and plans for future efforts to collect that data for purposes of the tool. Pursuant to Section 10231.5 of the Government Code, this paragraph shall become inoperative on January 1, 2023.

 CALIFORNIA LEGISLATURE 20172018 REGULAR SESSION Assembly Bill No. 891Introduced by Assembly Member Eduardo GarciaFebruary 16, 2017 An act to amend Section 71090 of the Public Resources Code, relating to environmental justice. LEGISLATIVE COUNSEL'S DIGESTAB 891, as introduced, Eduardo Garcia. California Communities Environmental Health Screening.Existing law requires the California Environmental Protection Agency to identify disadvantaged communities as part of a 3-year investment plan developed by the Department of Finance for the moneys collected by the State Air Resources Board resulting from a market-based compliance mechanism relative to greenhouse gas emissions. Existing law requires the Office of Environmental Health Hazard Assessment to update the California Communities Environmental Health Screening tool, developed by the agency and the office for the purposes of identifying those disadvantaged communities. Existing law requires the office to report to the Legislature on air quality, water quality, and toxic release and hazardous waste site data necessary for updating the indicators in the tool for communities located in the California-Mexico border region, and to include that data in the next update of the tool if it is of sufficient quality and available for those communities.This bill would require the State Air Resources Board, in partnership with the office, to include one year of data from certain local air monitoring studies, including data on particulate matter with a diameter of 2.5 micrometers or less, ozone, and diesel particulate matter. The bill would require funds to be allocated, upon appropriation by the Legislature, to the board and the office to support the continued collection of this data. The bill would require the board to collect data, separate from the local air monitoring studies, to account for cross-border pollution and, on or before January 1, 2019, to submit a report to the Legislature detailing the methods used to account for cross-border pollution, any barriers to collecting that data, and future plans for collecting that data.Digest Key Vote: MAJORITY  Appropriation: NO  Fiscal Committee: YES  Local Program: NO 





 CALIFORNIA LEGISLATURE 20172018 REGULAR SESSION

Assembly Bill No. 891

Introduced by Assembly Member Eduardo GarciaFebruary 16, 2017

Introduced by Assembly Member Eduardo Garcia
February 16, 2017

 An act to amend Section 71090 of the Public Resources Code, relating to environmental justice. 

LEGISLATIVE COUNSEL'S DIGEST

## LEGISLATIVE COUNSEL'S DIGEST

AB 891, as introduced, Eduardo Garcia. California Communities Environmental Health Screening.

Existing law requires the California Environmental Protection Agency to identify disadvantaged communities as part of a 3-year investment plan developed by the Department of Finance for the moneys collected by the State Air Resources Board resulting from a market-based compliance mechanism relative to greenhouse gas emissions. Existing law requires the Office of Environmental Health Hazard Assessment to update the California Communities Environmental Health Screening tool, developed by the agency and the office for the purposes of identifying those disadvantaged communities. Existing law requires the office to report to the Legislature on air quality, water quality, and toxic release and hazardous waste site data necessary for updating the indicators in the tool for communities located in the California-Mexico border region, and to include that data in the next update of the tool if it is of sufficient quality and available for those communities.This bill would require the State Air Resources Board, in partnership with the office, to include one year of data from certain local air monitoring studies, including data on particulate matter with a diameter of 2.5 micrometers or less, ozone, and diesel particulate matter. The bill would require funds to be allocated, upon appropriation by the Legislature, to the board and the office to support the continued collection of this data. The bill would require the board to collect data, separate from the local air monitoring studies, to account for cross-border pollution and, on or before January 1, 2019, to submit a report to the Legislature detailing the methods used to account for cross-border pollution, any barriers to collecting that data, and future plans for collecting that data.

Existing law requires the California Environmental Protection Agency to identify disadvantaged communities as part of a 3-year investment plan developed by the Department of Finance for the moneys collected by the State Air Resources Board resulting from a market-based compliance mechanism relative to greenhouse gas emissions. Existing law requires the Office of Environmental Health Hazard Assessment to update the California Communities Environmental Health Screening tool, developed by the agency and the office for the purposes of identifying those disadvantaged communities. Existing law requires the office to report to the Legislature on air quality, water quality, and toxic release and hazardous waste site data necessary for updating the indicators in the tool for communities located in the California-Mexico border region, and to include that data in the next update of the tool if it is of sufficient quality and available for those communities.

This bill would require the State Air Resources Board, in partnership with the office, to include one year of data from certain local air monitoring studies, including data on particulate matter with a diameter of 2.5 micrometers or less, ozone, and diesel particulate matter. The bill would require funds to be allocated, upon appropriation by the Legislature, to the board and the office to support the continued collection of this data. The bill would require the board to collect data, separate from the local air monitoring studies, to account for cross-border pollution and, on or before January 1, 2019, to submit a report to the Legislature detailing the methods used to account for cross-border pollution, any barriers to collecting that data, and future plans for collecting that data.

## Digest Key

## Bill Text

The people of the State of California do enact as follows:SECTION 1. Section 71090 of the Public Resources Code is amended to read:71090. (a) For purposes of this part, the following terms have the following meanings:(1) Board means the State Air Resources Board.(1)(2) Office means the Office of Environmental Health Hazard Assessment.(2)(3) PM2.5 means particulate matter with a diameter of 2.5 micrometers or less.(4) Tool means the California Communities Environmental Health Screening, also known as CalEnviroScreen, that is used to identify disadvantaged communities pursuant to Section 39711 of the Health and Safety Code.(b) (1) In the next update of the tool or by January 1, 2017, 2019, whichever is sooner, the office shall report to the Legislature on air quality, water quality, and toxic release and hazardous waste site data necessary for updating the indicators in the tool for communities located in the California-Mexico border region, including both of the following:(A) Deficiencies in and barriers to accessing necessary data.(B) Current and future monitoring studies and plans for obtaining the data.(2) A report submitted pursuant to this subdivision shall be submitted in compliance with Section 9795 of the Government Code.(c) For the purposes of subdivision (b), necessary data and information may include, but need not be limited to, the following:(1) Air quality measurements for ozone and particulate matter 2.5 microns and smaller in size PM2.5 in the border region.(2) Vehicle emissions at border crossings.(3) Complete traffic density data within 150 meters of the border.(4) Water quality data for waterways that cross the border.(5) Feasibility of incorporating into the tool information from Mexico contained in the Pollutant Release and Transfer Registry.(d) When such data of sufficient quality identified in subdivisions (b) and (c) are available for the communities in the California-Mexico border region, the office shall include that data in the next update of the tool.(e) The board, in partnership with the office, shall include in the air quality data provided to update the indicators in the next update of the tool one year of data from the Imperial County and San Ysidro air monitoring studies, including data on PM2.5, ozone, and diesel particulate matter. Funds shall be allocated to the board and the office, upon appropriation by the Legislature, to support the continued collection of data from the Imperial County and San Ysidro air monitoring studies on PM2.5, ozone, and diesel particulate matter as necessary to meet the boards minimum monitoring requirements for purposes of the tool.(f) (1) The board shall collect data, separate from the Imperial County and San Ysidro air monitoring studies, to account for cross-border pollution for PM2.5, ozone, and diesel particulate matter.(2) On or before January 1, 2019, the board shall submit a report to Legislature, in compliance with Section 9795 of the Government Code, detailing the methods used to account for cross-border pollution for PM2.5, ozone, and diesel particulate matter, any barriers to collecting that data, and plans for future efforts to collect that data for purposes of the tool. Pursuant to Section 10231.5 of the Government Code, this paragraph shall become inoperative on January 1, 2023.

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

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

SECTION 1. Section 71090 of the Public Resources Code is amended to read:71090. (a) For purposes of this part, the following terms have the following meanings:(1) Board means the State Air Resources Board.(1)(2) Office means the Office of Environmental Health Hazard Assessment.(2)(3) PM2.5 means particulate matter with a diameter of 2.5 micrometers or less.(4) Tool means the California Communities Environmental Health Screening, also known as CalEnviroScreen, that is used to identify disadvantaged communities pursuant to Section 39711 of the Health and Safety Code.(b) (1) In the next update of the tool or by January 1, 2017, 2019, whichever is sooner, the office shall report to the Legislature on air quality, water quality, and toxic release and hazardous waste site data necessary for updating the indicators in the tool for communities located in the California-Mexico border region, including both of the following:(A) Deficiencies in and barriers to accessing necessary data.(B) Current and future monitoring studies and plans for obtaining the data.(2) A report submitted pursuant to this subdivision shall be submitted in compliance with Section 9795 of the Government Code.(c) For the purposes of subdivision (b), necessary data and information may include, but need not be limited to, the following:(1) Air quality measurements for ozone and particulate matter 2.5 microns and smaller in size PM2.5 in the border region.(2) Vehicle emissions at border crossings.(3) Complete traffic density data within 150 meters of the border.(4) Water quality data for waterways that cross the border.(5) Feasibility of incorporating into the tool information from Mexico contained in the Pollutant Release and Transfer Registry.(d) When such data of sufficient quality identified in subdivisions (b) and (c) are available for the communities in the California-Mexico border region, the office shall include that data in the next update of the tool.(e) The board, in partnership with the office, shall include in the air quality data provided to update the indicators in the next update of the tool one year of data from the Imperial County and San Ysidro air monitoring studies, including data on PM2.5, ozone, and diesel particulate matter. Funds shall be allocated to the board and the office, upon appropriation by the Legislature, to support the continued collection of data from the Imperial County and San Ysidro air monitoring studies on PM2.5, ozone, and diesel particulate matter as necessary to meet the boards minimum monitoring requirements for purposes of the tool.(f) (1) The board shall collect data, separate from the Imperial County and San Ysidro air monitoring studies, to account for cross-border pollution for PM2.5, ozone, and diesel particulate matter.(2) On or before January 1, 2019, the board shall submit a report to Legislature, in compliance with Section 9795 of the Government Code, detailing the methods used to account for cross-border pollution for PM2.5, ozone, and diesel particulate matter, any barriers to collecting that data, and plans for future efforts to collect that data for purposes of the tool. Pursuant to Section 10231.5 of the Government Code, this paragraph shall become inoperative on January 1, 2023.

SECTION 1. Section 71090 of the Public Resources Code is amended to read:

### SECTION 1.

71090. (a) For purposes of this part, the following terms have the following meanings:(1) Board means the State Air Resources Board.(1)(2) Office means the Office of Environmental Health Hazard Assessment.(2)(3) PM2.5 means particulate matter with a diameter of 2.5 micrometers or less.(4) Tool means the California Communities Environmental Health Screening, also known as CalEnviroScreen, that is used to identify disadvantaged communities pursuant to Section 39711 of the Health and Safety Code.(b) (1) In the next update of the tool or by January 1, 2017, 2019, whichever is sooner, the office shall report to the Legislature on air quality, water quality, and toxic release and hazardous waste site data necessary for updating the indicators in the tool for communities located in the California-Mexico border region, including both of the following:(A) Deficiencies in and barriers to accessing necessary data.(B) Current and future monitoring studies and plans for obtaining the data.(2) A report submitted pursuant to this subdivision shall be submitted in compliance with Section 9795 of the Government Code.(c) For the purposes of subdivision (b), necessary data and information may include, but need not be limited to, the following:(1) Air quality measurements for ozone and particulate matter 2.5 microns and smaller in size PM2.5 in the border region.(2) Vehicle emissions at border crossings.(3) Complete traffic density data within 150 meters of the border.(4) Water quality data for waterways that cross the border.(5) Feasibility of incorporating into the tool information from Mexico contained in the Pollutant Release and Transfer Registry.(d) When such data of sufficient quality identified in subdivisions (b) and (c) are available for the communities in the California-Mexico border region, the office shall include that data in the next update of the tool.(e) The board, in partnership with the office, shall include in the air quality data provided to update the indicators in the next update of the tool one year of data from the Imperial County and San Ysidro air monitoring studies, including data on PM2.5, ozone, and diesel particulate matter. Funds shall be allocated to the board and the office, upon appropriation by the Legislature, to support the continued collection of data from the Imperial County and San Ysidro air monitoring studies on PM2.5, ozone, and diesel particulate matter as necessary to meet the boards minimum monitoring requirements for purposes of the tool.(f) (1) The board shall collect data, separate from the Imperial County and San Ysidro air monitoring studies, to account for cross-border pollution for PM2.5, ozone, and diesel particulate matter.(2) On or before January 1, 2019, the board shall submit a report to Legislature, in compliance with Section 9795 of the Government Code, detailing the methods used to account for cross-border pollution for PM2.5, ozone, and diesel particulate matter, any barriers to collecting that data, and plans for future efforts to collect that data for purposes of the tool. Pursuant to Section 10231.5 of the Government Code, this paragraph shall become inoperative on January 1, 2023.

71090. (a) For purposes of this part, the following terms have the following meanings:(1) Board means the State Air Resources Board.(1)(2) Office means the Office of Environmental Health Hazard Assessment.(2)(3) PM2.5 means particulate matter with a diameter of 2.5 micrometers or less.(4) Tool means the California Communities Environmental Health Screening, also known as CalEnviroScreen, that is used to identify disadvantaged communities pursuant to Section 39711 of the Health and Safety Code.(b) (1) In the next update of the tool or by January 1, 2017, 2019, whichever is sooner, the office shall report to the Legislature on air quality, water quality, and toxic release and hazardous waste site data necessary for updating the indicators in the tool for communities located in the California-Mexico border region, including both of the following:(A) Deficiencies in and barriers to accessing necessary data.(B) Current and future monitoring studies and plans for obtaining the data.(2) A report submitted pursuant to this subdivision shall be submitted in compliance with Section 9795 of the Government Code.(c) For the purposes of subdivision (b), necessary data and information may include, but need not be limited to, the following:(1) Air quality measurements for ozone and particulate matter 2.5 microns and smaller in size PM2.5 in the border region.(2) Vehicle emissions at border crossings.(3) Complete traffic density data within 150 meters of the border.(4) Water quality data for waterways that cross the border.(5) Feasibility of incorporating into the tool information from Mexico contained in the Pollutant Release and Transfer Registry.(d) When such data of sufficient quality identified in subdivisions (b) and (c) are available for the communities in the California-Mexico border region, the office shall include that data in the next update of the tool.(e) The board, in partnership with the office, shall include in the air quality data provided to update the indicators in the next update of the tool one year of data from the Imperial County and San Ysidro air monitoring studies, including data on PM2.5, ozone, and diesel particulate matter. Funds shall be allocated to the board and the office, upon appropriation by the Legislature, to support the continued collection of data from the Imperial County and San Ysidro air monitoring studies on PM2.5, ozone, and diesel particulate matter as necessary to meet the boards minimum monitoring requirements for purposes of the tool.(f) (1) The board shall collect data, separate from the Imperial County and San Ysidro air monitoring studies, to account for cross-border pollution for PM2.5, ozone, and diesel particulate matter.(2) On or before January 1, 2019, the board shall submit a report to Legislature, in compliance with Section 9795 of the Government Code, detailing the methods used to account for cross-border pollution for PM2.5, ozone, and diesel particulate matter, any barriers to collecting that data, and plans for future efforts to collect that data for purposes of the tool. Pursuant to Section 10231.5 of the Government Code, this paragraph shall become inoperative on January 1, 2023.

71090. (a) For purposes of this part, the following terms have the following meanings:(1) Board means the State Air Resources Board.(1)(2) Office means the Office of Environmental Health Hazard Assessment.(2)(3) PM2.5 means particulate matter with a diameter of 2.5 micrometers or less.(4) Tool means the California Communities Environmental Health Screening, also known as CalEnviroScreen, that is used to identify disadvantaged communities pursuant to Section 39711 of the Health and Safety Code.(b) (1) In the next update of the tool or by January 1, 2017, 2019, whichever is sooner, the office shall report to the Legislature on air quality, water quality, and toxic release and hazardous waste site data necessary for updating the indicators in the tool for communities located in the California-Mexico border region, including both of the following:(A) Deficiencies in and barriers to accessing necessary data.(B) Current and future monitoring studies and plans for obtaining the data.(2) A report submitted pursuant to this subdivision shall be submitted in compliance with Section 9795 of the Government Code.(c) For the purposes of subdivision (b), necessary data and information may include, but need not be limited to, the following:(1) Air quality measurements for ozone and particulate matter 2.5 microns and smaller in size PM2.5 in the border region.(2) Vehicle emissions at border crossings.(3) Complete traffic density data within 150 meters of the border.(4) Water quality data for waterways that cross the border.(5) Feasibility of incorporating into the tool information from Mexico contained in the Pollutant Release and Transfer Registry.(d) When such data of sufficient quality identified in subdivisions (b) and (c) are available for the communities in the California-Mexico border region, the office shall include that data in the next update of the tool.(e) The board, in partnership with the office, shall include in the air quality data provided to update the indicators in the next update of the tool one year of data from the Imperial County and San Ysidro air monitoring studies, including data on PM2.5, ozone, and diesel particulate matter. Funds shall be allocated to the board and the office, upon appropriation by the Legislature, to support the continued collection of data from the Imperial County and San Ysidro air monitoring studies on PM2.5, ozone, and diesel particulate matter as necessary to meet the boards minimum monitoring requirements for purposes of the tool.(f) (1) The board shall collect data, separate from the Imperial County and San Ysidro air monitoring studies, to account for cross-border pollution for PM2.5, ozone, and diesel particulate matter.(2) On or before January 1, 2019, the board shall submit a report to Legislature, in compliance with Section 9795 of the Government Code, detailing the methods used to account for cross-border pollution for PM2.5, ozone, and diesel particulate matter, any barriers to collecting that data, and plans for future efforts to collect that data for purposes of the tool. Pursuant to Section 10231.5 of the Government Code, this paragraph shall become inoperative on January 1, 2023.



71090. (a) For purposes of this part, the following terms have the following meanings:

(1) Board means the State Air Resources Board.

(1)



(2) Office means the Office of Environmental Health Hazard Assessment.

(2)



(3) PM2.5 means particulate matter with a diameter of 2.5 micrometers or less.

(4) Tool means the California Communities Environmental Health Screening, also known as CalEnviroScreen, that is used to identify disadvantaged communities pursuant to Section 39711 of the Health and Safety Code.

(b) (1) In the next update of the tool or by January 1, 2017, 2019, whichever is sooner, the office shall report to the Legislature on air quality, water quality, and toxic release and hazardous waste site data necessary for updating the indicators in the tool for communities located in the California-Mexico border region, including both of the following:

(A) Deficiencies in and barriers to accessing necessary data.

(B) Current and future monitoring studies and plans for obtaining the data.

(2) A report submitted pursuant to this subdivision shall be submitted in compliance with Section 9795 of the Government Code.

(c) For the purposes of subdivision (b), necessary data and information may include, but need not be limited to, the following:

(1) Air quality measurements for ozone and particulate matter 2.5 microns and smaller in size PM2.5 in the border region.

(2) Vehicle emissions at border crossings.

(3) Complete traffic density data within 150 meters of the border.

(4) Water quality data for waterways that cross the border.

(5) Feasibility of incorporating into the tool information from Mexico contained in the Pollutant Release and Transfer Registry.

(d) When such data of sufficient quality identified in subdivisions (b) and (c) are available for the communities in the California-Mexico border region, the office shall include that data in the next update of the tool.

(e) The board, in partnership with the office, shall include in the air quality data provided to update the indicators in the next update of the tool one year of data from the Imperial County and San Ysidro air monitoring studies, including data on PM2.5, ozone, and diesel particulate matter. Funds shall be allocated to the board and the office, upon appropriation by the Legislature, to support the continued collection of data from the Imperial County and San Ysidro air monitoring studies on PM2.5, ozone, and diesel particulate matter as necessary to meet the boards minimum monitoring requirements for purposes of the tool.

(f) (1) The board shall collect data, separate from the Imperial County and San Ysidro air monitoring studies, to account for cross-border pollution for PM2.5, ozone, and diesel particulate matter.

(2) On or before January 1, 2019, the board shall submit a report to Legislature, in compliance with Section 9795 of the Government Code, detailing the methods used to account for cross-border pollution for PM2.5, ozone, and diesel particulate matter, any barriers to collecting that data, and plans for future efforts to collect that data for purposes of the tool. Pursuant to Section 10231.5 of the Government Code, this paragraph shall become inoperative on January 1, 2023.