Amended IN Assembly January 03, 2022 Amended IN Assembly April 20, 2021 Amended IN Assembly March 15, 2021 CALIFORNIA LEGISLATURE 20212022 REGULAR SESSION Assembly Bill No. 1001Introduced by Assembly Member Cristina GarciaFebruary 18, 2021An act to amend Sections 40920.6 and 40920.8 of the Health and Safety Code, and to add Section 21081.8 add Sections 21081.8 and 21098.5 to the Public Resources Code, relating to the environment.LEGISLATIVE COUNSEL'S DIGESTAB 1001, as amended, Cristina Garcia. Environment: air pollution and mitigation measures for air and water quality impacts. impacts: environmental justice.Existing law requires each air pollution control district and each air quality management district (air district) that has a nonattainment area for one or more air pollutants to adopt an expedited schedule for the implementation of best available retrofit control technology (BARCT) by the earliest feasible date, but not later than December 31, 2023. Existing law provides that the adopted expedited schedule applies only to each industrial source that, as of January 1, 2017, was subject to a market-based compliance mechanism for the emissions of greenhouse gases adopted by the State Air Resources Board, as provided.This bill would additionally require those air districts to adopt an expedited schedule for the implementation of best available control technology (BACT). The bill would delete the provision applying the expedited schedule only to industrial sources that are subject to the market-based compliance mechanism. The bill would provide that industrial sources that, as of January 1, 2027, were subject to the market-based compliance mechanism and that fail to implement BARCT by December 31, 2023, are not eligible to participate in the market-based compliance mechanism. Because this bill would impose additional duties on air districts, this bill would impose a state-mandated local program.Existing law requires the state board to establish and maintain a statewide clearinghouse that identifies BACT and BARCT.This bill would authorize the state board to create determinations for technologies that have been achieved in practice for sources or source categories.The California Environmental Quality Act (CEQA) requires a lead agency, as defined, to prepare, or cause to be prepared, and certify the completion of an environmental impact report on a project that it proposes to carry out or approve that may have a significant effect on the environment or to adopt a negative declaration if it finds that the project will not have that effect. CEQA also requires a lead agency to prepare a mitigated negative declaration for a project that may have a significant effect on the environment if revisions in the project would avoid or mitigate that effect and there is no substantial evidence that the project, as revised, would have a significant effect on the environment. This bill would require mitigation measures measures, identified in an environmental impact report or mitigated negative declaration to mitigate the adverse effects of a project on air or water quality of a disadvantaged community community, to mitigate those effects directly in the affected disadvantaged community. The bill would require all public agencies, in implementing CEQA, to act consistently with the principles of environmental justice, as provided, by ensuring the fair treatment and meaningful involvement of people of all races, cultures, incomes, and national origins. Because the bill would impose additional duties on the lead agency, 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.Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: YES Local Program: YES Bill TextThe people of the State of California do enact as follows:SECTION 1.The Legislature finds and declares all of the following:(a)All California residents, regardless of income, race, ethnicity, color, or national origin, have a right to live, work, and recreate in a clean and healthy environment.(b)Historically, Californias low-income communities and communities of color have been subject to a disproportionately high number of environmental and public health stressors, including pollution from numerous industrial, commercial, and governmental facilities located in those communities. (c)As a result, residents in the states overburdened communities have suffered from increased adverse health effects including, but not limited to, asthma, cancer, elevated blood lead levels, cardiovascular disease, and developmental disorders. (d)Children are especially vulnerable to the adverse health effects caused by exposure to pollution, and those health effects may severely limit a childs potential for future success. (e)The adverse effects caused by pollution impede the growth, stability, and long-term well-being of individuals and families living in overburdened communities. (f)The legacy of siting sources of pollution in overburdened communities continues to pose a threat to the health, well-being, and economic success of the states most vulnerable residents. (g)It is past time for the state to correct this historical injustice. (h)No community should bear a disproportionate share of the adverse environmental and public health consequences that accompany the states economic growth. (i)The states overburdened communities must have a meaningful opportunity to participate in any decision to allow in those communities certain types of facilities which, by the nature of their activity, have the potential to increase environmental and public health stressors. (j)It is in the public interest for the state, where appropriate, to limit the future placement and expansion of those facilities in overburdened communities. SEC. 2.Section 40920.6 of the Health and Safety Code is amended to read:40920.6.(a)Before adopting rules or regulations to meet the requirement for best available retrofit control technology pursuant to Sections 40918, 40919, 40920, and 40920.5, or for a feasible measure pursuant to Section 40914, districts shall, in addition to other requirements of this division, do all of the following:(1)Identify one or more potential control options which achieves the emission reduction objectives for the regulation.(2)Review the information developed to assess the cost-effectiveness of the potential control option. For purposes of this paragraph, cost-effectiveness means the cost, in dollars, of the potential control option divided by emission reduction potential, in tons, of the potential control option.(3)Calculate the incremental cost-effectiveness for the potential control options identified in paragraph (1). To determine the incremental cost-effectiveness under this paragraph, the district shall calculate the difference in the dollar costs divided by the difference in the emission reduction potentials between each progressively more stringent potential control option as compared to the next less expensive control option.(4)Consider, and review in a public meeting, all of the following:(A)The effectiveness of the proposed control option in meeting the requirements of this chapter and the requirements adopted by the state board pursuant to subdivision (b) of Section 39610.(B)The cost-effectiveness of each potential control option as assessed pursuant to paragraph (2).(C)The incremental cost-effectiveness between the potential control options as calculated pursuant to paragraph (3).(5)Make findings at the public hearing at which the regulation is adopted stating the reasons for the districts adoption of the proposed control option or options.(b)A district may establish its own best available retrofit control technology requirement based upon consideration of the factors specified in subdivision (a) and Section 40406 if the requirement complies with subdivision (d) of Section 40001 and is consistent with this chapter, other state law, and federal law, including, but not limited to, the applicable state implementation plan.(c)(1)Each district that is a nonattainment area for one or more air pollutants shall adopt an expedited schedule for the implementation of best available control technology (BACT) or best available retrofit control technology (BARCT), by the earliest feasible date, but in any event not later than December 31, 2023.(2)The schedule shall give highest priority to those permitted units that have not modified emissions-related permit conditions for the greatest period of time. The schedule shall not apply to an emissions unit that has implemented BACT or BARCT due to a permit revision or a new permit issuance since 2007.(3)For all reviews of what constitutes BACT or BARCT for an emissions unit under this subdivision, the district shall base its consideration of cost-effectiveness of the control option for the emissions unit and air quality benefits for the surrounding community, and shall make determinations consistent with information in the clearinghouse established pursuant to Section 40920.8 and any technical assessments issued by the state board.(4)An industrial source that, as of January 1, 2017, was subject to a market-based compliance mechanism adopted by the state board pursuant to subdivision (c) of Section 38562 and that fails to implement BARCT by December 31, 2023, shall not be eligible to participate in the market-based compliance mechanism.(d)Before adopting the schedule pursuant to paragraph (1) of subdivision (c), a district shall hold a public meeting and take into account:(1)The local public health and clean air benefits to the surrounding community.(2)The cost-effectiveness of each control option.(3)The air quality and attainment benefits of each control option.(e)A district shall allow the retirement of marketable emission reduction credits under a program which complies with all of the requirements of Section 39616, or emission reduction credits which meet all of the requirements of state and federal law, including, but not limited to, the requirements that those emission reduction credits be permanent, enforceable, quantifiable, and surplus, in lieu of any requirement for best available retrofit control technology, if the credit also complies with all district rules and regulations affecting those credits.(f)After a district has established the cost-effectiveness, in a dollar amount, for any rule or regulation adopted pursuant to this section or Section 40406, 40703, 40914, 40918, 40919, 40920, 40920.6, or 40922, the district, consistent with subdivision (d) of Section 40001, shall allow alternative means of producing equivalent emission reductions at an equal or lesser dollar amount per ton reduced, including the use of emission reduction credits, for any stationary source that has a demonstrated compliance cost exceeding that established dollar amount.SEC. 3.Section 40920.8 of the Health and Safety Code is amended to read:40920.8.(a)(1)The state board shall establish and maintain a statewide clearinghouse that identifies the best available control technology and best available retrofit control technology for criteria air pollutants, and related technologies for the control of toxic air contaminants.(2)(A)The state board may create determinations for technologies that have been achieved in practice, and may provide technical assessments of control options, including the availability of alternative technologies, for sources or source categories. (B)The Administrative Procedure Act (Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code) does not apply to the development of technical assessments pursuant to subparagraph (A). (b)When updating best available control technology determinations, best available retrofit control technology rules, and related determinations for the control of toxic air contaminants in permits, schedules, and rules, a district shall use the information in the statewide clearinghouse established and maintained by the state board and any technical assessments that are developed pursuant to paragraph (2) of subdivision (a).SEC. 4.SECTION 1. Section 21081.8 is added to the Public Resources Code, to read:21081.8. For projects that have adverse effects on the air or water quality of a disadvantaged community as identified pursuant to Section 39711 of the Health and Safety Code, mitigation measures identified in an environmental impact report or mitigated negative declaration to mitigate those adverse effects shall mitigate those effects directly in the affected disadvantaged communities.SEC. 2. Section 21098.5 is added to the Public Resources Code, to read:21098.5. In implementing this division, all public agencies shall act consistently with the principles of environmental justice, as set forth in subdivision (e) of Section 65040.12 of the Government Code, by ensuring the fair treatment and meaningful involvement of people of all races, cultures, incomes, and national origins.SEC. 5.SEC. 3. No reimbursement is required by this act pursuant to Section 6 of Article XIIIB of the California Constitution because a local agency or school district has the authority to levy service charges, fees, or assessments sufficient to pay for the program or level of service mandated by this act, within the meaning of Section 17556 of the Government Code.
Amended IN Assembly January 03, 2022 Amended IN Assembly April 20, 2021 Amended IN Assembly March 15, 2021 CALIFORNIA LEGISLATURE 20212022 REGULAR SESSION Assembly Bill No. 1001Introduced by Assembly Member Cristina GarciaFebruary 18, 2021An act to amend Sections 40920.6 and 40920.8 of the Health and Safety Code, and to add Section 21081.8 add Sections 21081.8 and 21098.5 to the Public Resources Code, relating to the environment.LEGISLATIVE COUNSEL'S DIGESTAB 1001, as amended, Cristina Garcia. Environment: air pollution and mitigation measures for air and water quality impacts. impacts: environmental justice.Existing law requires each air pollution control district and each air quality management district (air district) that has a nonattainment area for one or more air pollutants to adopt an expedited schedule for the implementation of best available retrofit control technology (BARCT) by the earliest feasible date, but not later than December 31, 2023. Existing law provides that the adopted expedited schedule applies only to each industrial source that, as of January 1, 2017, was subject to a market-based compliance mechanism for the emissions of greenhouse gases adopted by the State Air Resources Board, as provided.This bill would additionally require those air districts to adopt an expedited schedule for the implementation of best available control technology (BACT). The bill would delete the provision applying the expedited schedule only to industrial sources that are subject to the market-based compliance mechanism. The bill would provide that industrial sources that, as of January 1, 2027, were subject to the market-based compliance mechanism and that fail to implement BARCT by December 31, 2023, are not eligible to participate in the market-based compliance mechanism. Because this bill would impose additional duties on air districts, this bill would impose a state-mandated local program.Existing law requires the state board to establish and maintain a statewide clearinghouse that identifies BACT and BARCT.This bill would authorize the state board to create determinations for technologies that have been achieved in practice for sources or source categories.The California Environmental Quality Act (CEQA) requires a lead agency, as defined, to prepare, or cause to be prepared, and certify the completion of an environmental impact report on a project that it proposes to carry out or approve that may have a significant effect on the environment or to adopt a negative declaration if it finds that the project will not have that effect. CEQA also requires a lead agency to prepare a mitigated negative declaration for a project that may have a significant effect on the environment if revisions in the project would avoid or mitigate that effect and there is no substantial evidence that the project, as revised, would have a significant effect on the environment. This bill would require mitigation measures measures, identified in an environmental impact report or mitigated negative declaration to mitigate the adverse effects of a project on air or water quality of a disadvantaged community community, to mitigate those effects directly in the affected disadvantaged community. The bill would require all public agencies, in implementing CEQA, to act consistently with the principles of environmental justice, as provided, by ensuring the fair treatment and meaningful involvement of people of all races, cultures, incomes, and national origins. Because the bill would impose additional duties on the lead agency, 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.Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: YES Local Program: YES
Amended IN Assembly January 03, 2022 Amended IN Assembly April 20, 2021 Amended IN Assembly March 15, 2021
Amended IN Assembly January 03, 2022
Amended IN Assembly April 20, 2021
Amended IN Assembly March 15, 2021
CALIFORNIA LEGISLATURE 20212022 REGULAR SESSION
Assembly Bill
No. 1001
Introduced by Assembly Member Cristina GarciaFebruary 18, 2021
Introduced by Assembly Member Cristina Garcia
February 18, 2021
An act to amend Sections 40920.6 and 40920.8 of the Health and Safety Code, and to add Section 21081.8 add Sections 21081.8 and 21098.5 to the Public Resources Code, relating to the environment.
LEGISLATIVE COUNSEL'S DIGEST
## LEGISLATIVE COUNSEL'S DIGEST
AB 1001, as amended, Cristina Garcia. Environment: air pollution and mitigation measures for air and water quality impacts. impacts: environmental justice.
Existing law requires each air pollution control district and each air quality management district (air district) that has a nonattainment area for one or more air pollutants to adopt an expedited schedule for the implementation of best available retrofit control technology (BARCT) by the earliest feasible date, but not later than December 31, 2023. Existing law provides that the adopted expedited schedule applies only to each industrial source that, as of January 1, 2017, was subject to a market-based compliance mechanism for the emissions of greenhouse gases adopted by the State Air Resources Board, as provided.This bill would additionally require those air districts to adopt an expedited schedule for the implementation of best available control technology (BACT). The bill would delete the provision applying the expedited schedule only to industrial sources that are subject to the market-based compliance mechanism. The bill would provide that industrial sources that, as of January 1, 2027, were subject to the market-based compliance mechanism and that fail to implement BARCT by December 31, 2023, are not eligible to participate in the market-based compliance mechanism. Because this bill would impose additional duties on air districts, this bill would impose a state-mandated local program.Existing law requires the state board to establish and maintain a statewide clearinghouse that identifies BACT and BARCT.This bill would authorize the state board to create determinations for technologies that have been achieved in practice for sources or source categories.The California Environmental Quality Act (CEQA) requires a lead agency, as defined, to prepare, or cause to be prepared, and certify the completion of an environmental impact report on a project that it proposes to carry out or approve that may have a significant effect on the environment or to adopt a negative declaration if it finds that the project will not have that effect. CEQA also requires a lead agency to prepare a mitigated negative declaration for a project that may have a significant effect on the environment if revisions in the project would avoid or mitigate that effect and there is no substantial evidence that the project, as revised, would have a significant effect on the environment. This bill would require mitigation measures measures, identified in an environmental impact report or mitigated negative declaration to mitigate the adverse effects of a project on air or water quality of a disadvantaged community community, to mitigate those effects directly in the affected disadvantaged community. The bill would require all public agencies, in implementing CEQA, to act consistently with the principles of environmental justice, as provided, by ensuring the fair treatment and meaningful involvement of people of all races, cultures, incomes, and national origins. Because the bill would impose additional duties on the lead agency, 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 each air pollution control district and each air quality management district (air district) that has a nonattainment area for one or more air pollutants to adopt an expedited schedule for the implementation of best available retrofit control technology (BARCT) by the earliest feasible date, but not later than December 31, 2023. Existing law provides that the adopted expedited schedule applies only to each industrial source that, as of January 1, 2017, was subject to a market-based compliance mechanism for the emissions of greenhouse gases adopted by the State Air Resources Board, as provided.
This bill would additionally require those air districts to adopt an expedited schedule for the implementation of best available control technology (BACT). The bill would delete the provision applying the expedited schedule only to industrial sources that are subject to the market-based compliance mechanism. The bill would provide that industrial sources that, as of January 1, 2027, were subject to the market-based compliance mechanism and that fail to implement BARCT by December 31, 2023, are not eligible to participate in the market-based compliance mechanism. Because this bill would impose additional duties on air districts, this bill would impose a state-mandated local program.
Existing law requires the state board to establish and maintain a statewide clearinghouse that identifies BACT and BARCT.
This bill would authorize the state board to create determinations for technologies that have been achieved in practice for sources or source categories.
The California Environmental Quality Act (CEQA) requires a lead agency, as defined, to prepare, or cause to be prepared, and certify the completion of an environmental impact report on a project that it proposes to carry out or approve that may have a significant effect on the environment or to adopt a negative declaration if it finds that the project will not have that effect. CEQA also requires a lead agency to prepare a mitigated negative declaration for a project that may have a significant effect on the environment if revisions in the project would avoid or mitigate that effect and there is no substantial evidence that the project, as revised, would have a significant effect on the environment.
This bill would require mitigation measures measures, identified in an environmental impact report or mitigated negative declaration to mitigate the adverse effects of a project on air or water quality of a disadvantaged community community, to mitigate those effects directly in the affected disadvantaged community. The bill would require all public agencies, in implementing CEQA, to act consistently with the principles of environmental justice, as provided, by ensuring the fair treatment and meaningful involvement of people of all races, cultures, incomes, and national origins. Because the bill would impose additional duties on the lead agency, 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.
## Digest Key
## Bill Text
The people of the State of California do enact as follows:SECTION 1.The Legislature finds and declares all of the following:(a)All California residents, regardless of income, race, ethnicity, color, or national origin, have a right to live, work, and recreate in a clean and healthy environment.(b)Historically, Californias low-income communities and communities of color have been subject to a disproportionately high number of environmental and public health stressors, including pollution from numerous industrial, commercial, and governmental facilities located in those communities. (c)As a result, residents in the states overburdened communities have suffered from increased adverse health effects including, but not limited to, asthma, cancer, elevated blood lead levels, cardiovascular disease, and developmental disorders. (d)Children are especially vulnerable to the adverse health effects caused by exposure to pollution, and those health effects may severely limit a childs potential for future success. (e)The adverse effects caused by pollution impede the growth, stability, and long-term well-being of individuals and families living in overburdened communities. (f)The legacy of siting sources of pollution in overburdened communities continues to pose a threat to the health, well-being, and economic success of the states most vulnerable residents. (g)It is past time for the state to correct this historical injustice. (h)No community should bear a disproportionate share of the adverse environmental and public health consequences that accompany the states economic growth. (i)The states overburdened communities must have a meaningful opportunity to participate in any decision to allow in those communities certain types of facilities which, by the nature of their activity, have the potential to increase environmental and public health stressors. (j)It is in the public interest for the state, where appropriate, to limit the future placement and expansion of those facilities in overburdened communities. SEC. 2.Section 40920.6 of the Health and Safety Code is amended to read:40920.6.(a)Before adopting rules or regulations to meet the requirement for best available retrofit control technology pursuant to Sections 40918, 40919, 40920, and 40920.5, or for a feasible measure pursuant to Section 40914, districts shall, in addition to other requirements of this division, do all of the following:(1)Identify one or more potential control options which achieves the emission reduction objectives for the regulation.(2)Review the information developed to assess the cost-effectiveness of the potential control option. For purposes of this paragraph, cost-effectiveness means the cost, in dollars, of the potential control option divided by emission reduction potential, in tons, of the potential control option.(3)Calculate the incremental cost-effectiveness for the potential control options identified in paragraph (1). To determine the incremental cost-effectiveness under this paragraph, the district shall calculate the difference in the dollar costs divided by the difference in the emission reduction potentials between each progressively more stringent potential control option as compared to the next less expensive control option.(4)Consider, and review in a public meeting, all of the following:(A)The effectiveness of the proposed control option in meeting the requirements of this chapter and the requirements adopted by the state board pursuant to subdivision (b) of Section 39610.(B)The cost-effectiveness of each potential control option as assessed pursuant to paragraph (2).(C)The incremental cost-effectiveness between the potential control options as calculated pursuant to paragraph (3).(5)Make findings at the public hearing at which the regulation is adopted stating the reasons for the districts adoption of the proposed control option or options.(b)A district may establish its own best available retrofit control technology requirement based upon consideration of the factors specified in subdivision (a) and Section 40406 if the requirement complies with subdivision (d) of Section 40001 and is consistent with this chapter, other state law, and federal law, including, but not limited to, the applicable state implementation plan.(c)(1)Each district that is a nonattainment area for one or more air pollutants shall adopt an expedited schedule for the implementation of best available control technology (BACT) or best available retrofit control technology (BARCT), by the earliest feasible date, but in any event not later than December 31, 2023.(2)The schedule shall give highest priority to those permitted units that have not modified emissions-related permit conditions for the greatest period of time. The schedule shall not apply to an emissions unit that has implemented BACT or BARCT due to a permit revision or a new permit issuance since 2007.(3)For all reviews of what constitutes BACT or BARCT for an emissions unit under this subdivision, the district shall base its consideration of cost-effectiveness of the control option for the emissions unit and air quality benefits for the surrounding community, and shall make determinations consistent with information in the clearinghouse established pursuant to Section 40920.8 and any technical assessments issued by the state board.(4)An industrial source that, as of January 1, 2017, was subject to a market-based compliance mechanism adopted by the state board pursuant to subdivision (c) of Section 38562 and that fails to implement BARCT by December 31, 2023, shall not be eligible to participate in the market-based compliance mechanism.(d)Before adopting the schedule pursuant to paragraph (1) of subdivision (c), a district shall hold a public meeting and take into account:(1)The local public health and clean air benefits to the surrounding community.(2)The cost-effectiveness of each control option.(3)The air quality and attainment benefits of each control option.(e)A district shall allow the retirement of marketable emission reduction credits under a program which complies with all of the requirements of Section 39616, or emission reduction credits which meet all of the requirements of state and federal law, including, but not limited to, the requirements that those emission reduction credits be permanent, enforceable, quantifiable, and surplus, in lieu of any requirement for best available retrofit control technology, if the credit also complies with all district rules and regulations affecting those credits.(f)After a district has established the cost-effectiveness, in a dollar amount, for any rule or regulation adopted pursuant to this section or Section 40406, 40703, 40914, 40918, 40919, 40920, 40920.6, or 40922, the district, consistent with subdivision (d) of Section 40001, shall allow alternative means of producing equivalent emission reductions at an equal or lesser dollar amount per ton reduced, including the use of emission reduction credits, for any stationary source that has a demonstrated compliance cost exceeding that established dollar amount.SEC. 3.Section 40920.8 of the Health and Safety Code is amended to read:40920.8.(a)(1)The state board shall establish and maintain a statewide clearinghouse that identifies the best available control technology and best available retrofit control technology for criteria air pollutants, and related technologies for the control of toxic air contaminants.(2)(A)The state board may create determinations for technologies that have been achieved in practice, and may provide technical assessments of control options, including the availability of alternative technologies, for sources or source categories. (B)The Administrative Procedure Act (Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code) does not apply to the development of technical assessments pursuant to subparagraph (A). (b)When updating best available control technology determinations, best available retrofit control technology rules, and related determinations for the control of toxic air contaminants in permits, schedules, and rules, a district shall use the information in the statewide clearinghouse established and maintained by the state board and any technical assessments that are developed pursuant to paragraph (2) of subdivision (a).SEC. 4.SECTION 1. Section 21081.8 is added to the Public Resources Code, to read:21081.8. For projects that have adverse effects on the air or water quality of a disadvantaged community as identified pursuant to Section 39711 of the Health and Safety Code, mitigation measures identified in an environmental impact report or mitigated negative declaration to mitigate those adverse effects shall mitigate those effects directly in the affected disadvantaged communities.SEC. 2. Section 21098.5 is added to the Public Resources Code, to read:21098.5. In implementing this division, all public agencies shall act consistently with the principles of environmental justice, as set forth in subdivision (e) of Section 65040.12 of the Government Code, by ensuring the fair treatment and meaningful involvement of people of all races, cultures, incomes, and national origins.SEC. 5.SEC. 3. No reimbursement is required by this act pursuant to Section 6 of Article XIIIB of the California Constitution because a local agency or school district has the authority to levy service charges, fees, or assessments sufficient to pay for the program or level of service mandated by this act, within the meaning of Section 17556 of the Government Code.
The people of the State of California do enact as follows:
## The people of the State of California do enact as follows:
The Legislature finds and declares all of the following:
(a)All California residents, regardless of income, race, ethnicity, color, or national origin, have a right to live, work, and recreate in a clean and healthy environment.
(b)Historically, Californias low-income communities and communities of color have been subject to a disproportionately high number of environmental and public health stressors, including pollution from numerous industrial, commercial, and governmental facilities located in those communities.
(c)As a result, residents in the states overburdened communities have suffered from increased adverse health effects including, but not limited to, asthma, cancer, elevated blood lead levels, cardiovascular disease, and developmental disorders.
(d)Children are especially vulnerable to the adverse health effects caused by exposure to pollution, and those health effects may severely limit a childs potential for future success.
(e)The adverse effects caused by pollution impede the growth, stability, and long-term well-being of individuals and families living in overburdened communities.
(f)The legacy of siting sources of pollution in overburdened communities continues to pose a threat to the health, well-being, and economic success of the states most vulnerable residents.
(g)It is past time for the state to correct this historical injustice.
(h)No community should bear a disproportionate share of the adverse environmental and public health consequences that accompany the states economic growth.
(i)The states overburdened communities must have a meaningful opportunity to participate in any decision to allow in those communities certain types of facilities which, by the nature of their activity, have the potential to increase environmental and public health stressors.
(j)It is in the public interest for the state, where appropriate, to limit the future placement and expansion of those facilities in overburdened communities.
(a)Before adopting rules or regulations to meet the requirement for best available retrofit control technology pursuant to Sections 40918, 40919, 40920, and 40920.5, or for a feasible measure pursuant to Section 40914, districts shall, in addition to other requirements of this division, do all of the following:
(1)Identify one or more potential control options which achieves the emission reduction objectives for the regulation.
(2)Review the information developed to assess the cost-effectiveness of the potential control option. For purposes of this paragraph, cost-effectiveness means the cost, in dollars, of the potential control option divided by emission reduction potential, in tons, of the potential control option.
(3)Calculate the incremental cost-effectiveness for the potential control options identified in paragraph (1). To determine the incremental cost-effectiveness under this paragraph, the district shall calculate the difference in the dollar costs divided by the difference in the emission reduction potentials between each progressively more stringent potential control option as compared to the next less expensive control option.
(4)Consider, and review in a public meeting, all of the following:
(A)The effectiveness of the proposed control option in meeting the requirements of this chapter and the requirements adopted by the state board pursuant to subdivision (b) of Section 39610.
(B)The cost-effectiveness of each potential control option as assessed pursuant to paragraph (2).
(C)The incremental cost-effectiveness between the potential control options as calculated pursuant to paragraph (3).
(5)Make findings at the public hearing at which the regulation is adopted stating the reasons for the districts adoption of the proposed control option or options.
(b)A district may establish its own best available retrofit control technology requirement based upon consideration of the factors specified in subdivision (a) and Section 40406 if the requirement complies with subdivision (d) of Section 40001 and is consistent with this chapter, other state law, and federal law, including, but not limited to, the applicable state implementation plan.
(c)(1)Each district that is a nonattainment area for one or more air pollutants shall adopt an expedited schedule for the implementation of best available control technology (BACT) or best available retrofit control technology (BARCT), by the earliest feasible date, but in any event not later than December 31, 2023.
(2)The schedule shall give highest priority to those permitted units that have not modified emissions-related permit conditions for the greatest period of time. The schedule shall not apply to an emissions unit that has implemented BACT or BARCT due to a permit revision or a new permit issuance since 2007.
(3)For all reviews of what constitutes BACT or BARCT for an emissions unit under this subdivision, the district shall base its consideration of cost-effectiveness of the control option for the emissions unit and air quality benefits for the surrounding community, and shall make determinations consistent with information in the clearinghouse established pursuant to Section 40920.8 and any technical assessments issued by the state board.
(4)An industrial source that, as of January 1, 2017, was subject to a market-based compliance mechanism adopted by the state board pursuant to subdivision (c) of Section 38562 and that fails to implement BARCT by December 31, 2023, shall not be eligible to participate in the market-based compliance mechanism.
(d)Before adopting the schedule pursuant to paragraph (1) of subdivision (c), a district shall hold a public meeting and take into account:
(1)The local public health and clean air benefits to the surrounding community.
(2)The cost-effectiveness of each control option.
(3)The air quality and attainment benefits of each control option.
(e)A district shall allow the retirement of marketable emission reduction credits under a program which complies with all of the requirements of Section 39616, or emission reduction credits which meet all of the requirements of state and federal law, including, but not limited to, the requirements that those emission reduction credits be permanent, enforceable, quantifiable, and surplus, in lieu of any requirement for best available retrofit control technology, if the credit also complies with all district rules and regulations affecting those credits.
(f)After a district has established the cost-effectiveness, in a dollar amount, for any rule or regulation adopted pursuant to this section or Section 40406, 40703, 40914, 40918, 40919, 40920, 40920.6, or 40922, the district, consistent with subdivision (d) of Section 40001, shall allow alternative means of producing equivalent emission reductions at an equal or lesser dollar amount per ton reduced, including the use of emission reduction credits, for any stationary source that has a demonstrated compliance cost exceeding that established dollar amount.
(a)(1)The state board shall establish and maintain a statewide clearinghouse that identifies the best available control technology and best available retrofit control technology for criteria air pollutants, and related technologies for the control of toxic air contaminants.
(2)(A)The state board may create determinations for technologies that have been achieved in practice, and may provide technical assessments of control options, including the availability of alternative technologies, for sources or source categories.
(B)The Administrative Procedure Act (Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code) does not apply to the development of technical assessments pursuant to subparagraph (A).
(b)When updating best available control technology determinations, best available retrofit control technology rules, and related determinations for the control of toxic air contaminants in permits, schedules, and rules, a district shall use the information in the statewide clearinghouse established and maintained by the state board and any technical assessments that are developed pursuant to paragraph (2) of subdivision (a).
SEC. 4.SECTION 1. Section 21081.8 is added to the Public Resources Code, to read:21081.8. For projects that have adverse effects on the air or water quality of a disadvantaged community as identified pursuant to Section 39711 of the Health and Safety Code, mitigation measures identified in an environmental impact report or mitigated negative declaration to mitigate those adverse effects shall mitigate those effects directly in the affected disadvantaged communities.
SEC. 4.SECTION 1. Section 21081.8 is added to the Public Resources Code, to read:
### SEC. 4.SECTION 1.
21081.8. For projects that have adverse effects on the air or water quality of a disadvantaged community as identified pursuant to Section 39711 of the Health and Safety Code, mitigation measures identified in an environmental impact report or mitigated negative declaration to mitigate those adverse effects shall mitigate those effects directly in the affected disadvantaged communities.
21081.8. For projects that have adverse effects on the air or water quality of a disadvantaged community as identified pursuant to Section 39711 of the Health and Safety Code, mitigation measures identified in an environmental impact report or mitigated negative declaration to mitigate those adverse effects shall mitigate those effects directly in the affected disadvantaged communities.
21081.8. For projects that have adverse effects on the air or water quality of a disadvantaged community as identified pursuant to Section 39711 of the Health and Safety Code, mitigation measures identified in an environmental impact report or mitigated negative declaration to mitigate those adverse effects shall mitigate those effects directly in the affected disadvantaged communities.
21081.8. For projects that have adverse effects on the air or water quality of a disadvantaged community as identified pursuant to Section 39711 of the Health and Safety Code, mitigation measures identified in an environmental impact report or mitigated negative declaration to mitigate those adverse effects shall mitigate those effects directly in the affected disadvantaged communities.
SEC. 2. Section 21098.5 is added to the Public Resources Code, to read:21098.5. In implementing this division, all public agencies shall act consistently with the principles of environmental justice, as set forth in subdivision (e) of Section 65040.12 of the Government Code, by ensuring the fair treatment and meaningful involvement of people of all races, cultures, incomes, and national origins.
SEC. 2. Section 21098.5 is added to the Public Resources Code, to read:
### SEC. 2.
21098.5. In implementing this division, all public agencies shall act consistently with the principles of environmental justice, as set forth in subdivision (e) of Section 65040.12 of the Government Code, by ensuring the fair treatment and meaningful involvement of people of all races, cultures, incomes, and national origins.
21098.5. In implementing this division, all public agencies shall act consistently with the principles of environmental justice, as set forth in subdivision (e) of Section 65040.12 of the Government Code, by ensuring the fair treatment and meaningful involvement of people of all races, cultures, incomes, and national origins.
21098.5. In implementing this division, all public agencies shall act consistently with the principles of environmental justice, as set forth in subdivision (e) of Section 65040.12 of the Government Code, by ensuring the fair treatment and meaningful involvement of people of all races, cultures, incomes, and national origins.
21098.5. In implementing this division, all public agencies shall act consistently with the principles of environmental justice, as set forth in subdivision (e) of Section 65040.12 of the Government Code, by ensuring the fair treatment and meaningful involvement of people of all races, cultures, incomes, and national origins.
SEC. 5.SEC. 3. No reimbursement is required by this act pursuant to Section 6 of Article XIIIB of the California Constitution because a local agency or school district has the authority to levy service charges, fees, or assessments sufficient to pay for the program or level of service mandated by this act, within the meaning of Section 17556 of the Government Code.
SEC. 5.SEC. 3. No reimbursement is required by this act pursuant to Section 6 of Article XIIIB of the California Constitution because a local agency or school district has the authority to levy service charges, fees, or assessments sufficient to pay for the program or level of service mandated by this act, within the meaning of Section 17556 of the Government Code.
SEC. 5.SEC. 3. No reimbursement is required by this act pursuant to Section 6 of Article XIIIB of the California Constitution because a local agency or school district has the authority to levy service charges, fees, or assessments sufficient to pay for the program or level of service mandated by this act, within the meaning of Section 17556 of the Government Code.
### SEC. 5.SEC. 3.