Amended IN Assembly March 21, 2024 CALIFORNIA LEGISLATURE 20232024 REGULAR SESSION Assembly Bill No. 2851Introduced by Assembly Member BontaFebruary 15, 2024 An act relating to air pollution. An act to add Section 25150.87 to the Health and Safety Code, relating to air pollution. LEGISLATIVE COUNSEL'S DIGESTAB 2851, as amended, Bonta. Metal shredding facilities: fence-line monitoring.Existing law imposes various limitations on emissions of air contaminants for the control of air pollution from vehicular and nonvehicular sources. Existing law generally designates the State Air Resources Board as the state agency with the primary responsibility for the control of vehicular air pollution and air pollution control and air quality management districts with the primary responsibility for the control of air pollution from all sources other than vehicular sources.Existing law defines a fence-line monitoring system, for purposes of specified laws requiring the monitoring of toxic air contaminants from nonvehicular sources, to mean monitoring equipment that measures and records air pollutant concentrations at or adjacent to a stationary source that may be useful for detecting or estimating emissions of pollutants from the source, including the quantity of fugitive emissions, and in supporting enforcement efforts.This bill would express the intent of the Legislature to enact future legislation that would establish a fence-line monitoring standard for all metal shredding facilities in this state.Existing law requires the Department of Toxic Substances Control to adopt, and revise when appropriate, standards and regulations for the management of hazardous wastes to protect against hazards to the public health, to domestic livestock, to wildlife, or to the environment, including the operation of metal shredding facilities for appliance recycling.This bill would require, on or before July 1, 2025, the department, in consultation with the state board and affected local air pollution control and air quality management districts, to develop standards for facilitywide fenceline air quality monitoring at metal shredding facilities. The bill would require the standards to require monitoring of specified substances, such as lead and zinc. The bill would also require each local public health department to issue a community notification regarding the adverse impacts on air quality and public health as a result of the operation of metal shredding facilities in that jurisdiction, as provided, and to provide a biannual assessment to the local governmental entity for the jurisdiction in which the metal shredding facility is located. The bill would require the department to ensure the successful implementation of those fenceline air quality monitoring standards on or before December 31, 2025. By imposing new duties on local public health departments, the 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, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above.Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: NOYES Local Program: NOYES Bill TextThe people of the State of California do enact as follows:SECTION 1. Section 25150.87 is added to the Health and Safety Code, to read:25150.87. (a) On or before July 1, 2025, the department, in consultation with the State Air Resources Board and affected local air pollution control and air quality management districts, shall develop standards for facilitywide fenceline air quality monitoring at metal shredding facilities, as defined in Section 25150.82, that are subject to this chapter.(b) The standards developed pursuant to subdivision (a) shall do all of the following:(1) Require monitoring of the following substances previously identified by the department: light fibrous material, lead, zinc, cadmium, and nickel. These standards may also require the monitoring of additional substances.(2) Require each local public health department to issue a community notification regarding the adverse impacts on air quality and public health as a result of the operation of metal shredding facilities in that jurisdiction and assist in identifying the underlying causes of the air pollution.(3) Require each local public health department to provide a biannual assessment to the local governmental entity for the jurisdiction in which the metal shredding facility is located.(c) The department shall ensure the successful implementation of the facilitywide fenceline air quality monitoring standards developed pursuant to this section on or before December 31, 2025.SEC. 2. If the Commission on State Mandates determines that this act contains costs mandated by the state, reimbursement to local agencies and school districts for those costs shall be made pursuant to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of the Government Code.SECTION 1.It is the intent of the Legislature to enact future legislation that would establish a fence-line monitoring standard for all metal shredding facilities in this state. Amended IN Assembly March 21, 2024 CALIFORNIA LEGISLATURE 20232024 REGULAR SESSION Assembly Bill No. 2851Introduced by Assembly Member BontaFebruary 15, 2024 An act relating to air pollution. An act to add Section 25150.87 to the Health and Safety Code, relating to air pollution. LEGISLATIVE COUNSEL'S DIGESTAB 2851, as amended, Bonta. Metal shredding facilities: fence-line monitoring.Existing law imposes various limitations on emissions of air contaminants for the control of air pollution from vehicular and nonvehicular sources. Existing law generally designates the State Air Resources Board as the state agency with the primary responsibility for the control of vehicular air pollution and air pollution control and air quality management districts with the primary responsibility for the control of air pollution from all sources other than vehicular sources.Existing law defines a fence-line monitoring system, for purposes of specified laws requiring the monitoring of toxic air contaminants from nonvehicular sources, to mean monitoring equipment that measures and records air pollutant concentrations at or adjacent to a stationary source that may be useful for detecting or estimating emissions of pollutants from the source, including the quantity of fugitive emissions, and in supporting enforcement efforts.This bill would express the intent of the Legislature to enact future legislation that would establish a fence-line monitoring standard for all metal shredding facilities in this state.Existing law requires the Department of Toxic Substances Control to adopt, and revise when appropriate, standards and regulations for the management of hazardous wastes to protect against hazards to the public health, to domestic livestock, to wildlife, or to the environment, including the operation of metal shredding facilities for appliance recycling.This bill would require, on or before July 1, 2025, the department, in consultation with the state board and affected local air pollution control and air quality management districts, to develop standards for facilitywide fenceline air quality monitoring at metal shredding facilities. The bill would require the standards to require monitoring of specified substances, such as lead and zinc. The bill would also require each local public health department to issue a community notification regarding the adverse impacts on air quality and public health as a result of the operation of metal shredding facilities in that jurisdiction, as provided, and to provide a biannual assessment to the local governmental entity for the jurisdiction in which the metal shredding facility is located. The bill would require the department to ensure the successful implementation of those fenceline air quality monitoring standards on or before December 31, 2025. By imposing new duties on local public health departments, the 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, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above.Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: NOYES Local Program: NOYES Amended IN Assembly March 21, 2024 Amended IN Assembly March 21, 2024 CALIFORNIA LEGISLATURE 20232024 REGULAR SESSION Assembly Bill No. 2851 Introduced by Assembly Member BontaFebruary 15, 2024 Introduced by Assembly Member Bonta February 15, 2024 An act relating to air pollution. An act to add Section 25150.87 to the Health and Safety Code, relating to air pollution. LEGISLATIVE COUNSEL'S DIGEST ## LEGISLATIVE COUNSEL'S DIGEST AB 2851, as amended, Bonta. Metal shredding facilities: fence-line monitoring. Existing law imposes various limitations on emissions of air contaminants for the control of air pollution from vehicular and nonvehicular sources. Existing law generally designates the State Air Resources Board as the state agency with the primary responsibility for the control of vehicular air pollution and air pollution control and air quality management districts with the primary responsibility for the control of air pollution from all sources other than vehicular sources.Existing law defines a fence-line monitoring system, for purposes of specified laws requiring the monitoring of toxic air contaminants from nonvehicular sources, to mean monitoring equipment that measures and records air pollutant concentrations at or adjacent to a stationary source that may be useful for detecting or estimating emissions of pollutants from the source, including the quantity of fugitive emissions, and in supporting enforcement efforts.This bill would express the intent of the Legislature to enact future legislation that would establish a fence-line monitoring standard for all metal shredding facilities in this state.Existing law requires the Department of Toxic Substances Control to adopt, and revise when appropriate, standards and regulations for the management of hazardous wastes to protect against hazards to the public health, to domestic livestock, to wildlife, or to the environment, including the operation of metal shredding facilities for appliance recycling.This bill would require, on or before July 1, 2025, the department, in consultation with the state board and affected local air pollution control and air quality management districts, to develop standards for facilitywide fenceline air quality monitoring at metal shredding facilities. The bill would require the standards to require monitoring of specified substances, such as lead and zinc. The bill would also require each local public health department to issue a community notification regarding the adverse impacts on air quality and public health as a result of the operation of metal shredding facilities in that jurisdiction, as provided, and to provide a biannual assessment to the local governmental entity for the jurisdiction in which the metal shredding facility is located. The bill would require the department to ensure the successful implementation of those fenceline air quality monitoring standards on or before December 31, 2025. By imposing new duties on local public health departments, the 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, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above. Existing law imposes various limitations on emissions of air contaminants for the control of air pollution from vehicular and nonvehicular sources. Existing law generally designates the State Air Resources Board as the state agency with the primary responsibility for the control of vehicular air pollution and air pollution control and air quality management districts with the primary responsibility for the control of air pollution from all sources other than vehicular sources. Existing law defines a fence-line monitoring system, for purposes of specified laws requiring the monitoring of toxic air contaminants from nonvehicular sources, to mean monitoring equipment that measures and records air pollutant concentrations at or adjacent to a stationary source that may be useful for detecting or estimating emissions of pollutants from the source, including the quantity of fugitive emissions, and in supporting enforcement efforts. This bill would express the intent of the Legislature to enact future legislation that would establish a fence-line monitoring standard for all metal shredding facilities in this state. Existing law requires the Department of Toxic Substances Control to adopt, and revise when appropriate, standards and regulations for the management of hazardous wastes to protect against hazards to the public health, to domestic livestock, to wildlife, or to the environment, including the operation of metal shredding facilities for appliance recycling. This bill would require, on or before July 1, 2025, the department, in consultation with the state board and affected local air pollution control and air quality management districts, to develop standards for facilitywide fenceline air quality monitoring at metal shredding facilities. The bill would require the standards to require monitoring of specified substances, such as lead and zinc. The bill would also require each local public health department to issue a community notification regarding the adverse impacts on air quality and public health as a result of the operation of metal shredding facilities in that jurisdiction, as provided, and to provide a biannual assessment to the local governmental entity for the jurisdiction in which the metal shredding facility is located. The bill would require the department to ensure the successful implementation of those fenceline air quality monitoring standards on or before December 31, 2025. By imposing new duties on local public health departments, the 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, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above. ## Digest Key ## Bill Text The people of the State of California do enact as follows:SECTION 1. Section 25150.87 is added to the Health and Safety Code, to read:25150.87. (a) On or before July 1, 2025, the department, in consultation with the State Air Resources Board and affected local air pollution control and air quality management districts, shall develop standards for facilitywide fenceline air quality monitoring at metal shredding facilities, as defined in Section 25150.82, that are subject to this chapter.(b) The standards developed pursuant to subdivision (a) shall do all of the following:(1) Require monitoring of the following substances previously identified by the department: light fibrous material, lead, zinc, cadmium, and nickel. These standards may also require the monitoring of additional substances.(2) Require each local public health department to issue a community notification regarding the adverse impacts on air quality and public health as a result of the operation of metal shredding facilities in that jurisdiction and assist in identifying the underlying causes of the air pollution.(3) Require each local public health department to provide a biannual assessment to the local governmental entity for the jurisdiction in which the metal shredding facility is located.(c) The department shall ensure the successful implementation of the facilitywide fenceline air quality monitoring standards developed pursuant to this section on or before December 31, 2025.SEC. 2. If the Commission on State Mandates determines that this act contains costs mandated by the state, reimbursement to local agencies and school districts for those costs shall be made pursuant to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of the Government Code.SECTION 1.It is the intent of the Legislature to enact future legislation that would establish a fence-line monitoring standard for all metal shredding facilities in this 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. Section 25150.87 is added to the Health and Safety Code, to read:25150.87. (a) On or before July 1, 2025, the department, in consultation with the State Air Resources Board and affected local air pollution control and air quality management districts, shall develop standards for facilitywide fenceline air quality monitoring at metal shredding facilities, as defined in Section 25150.82, that are subject to this chapter.(b) The standards developed pursuant to subdivision (a) shall do all of the following:(1) Require monitoring of the following substances previously identified by the department: light fibrous material, lead, zinc, cadmium, and nickel. These standards may also require the monitoring of additional substances.(2) Require each local public health department to issue a community notification regarding the adverse impacts on air quality and public health as a result of the operation of metal shredding facilities in that jurisdiction and assist in identifying the underlying causes of the air pollution.(3) Require each local public health department to provide a biannual assessment to the local governmental entity for the jurisdiction in which the metal shredding facility is located.(c) The department shall ensure the successful implementation of the facilitywide fenceline air quality monitoring standards developed pursuant to this section on or before December 31, 2025. SECTION 1. Section 25150.87 is added to the Health and Safety Code, to read: ### SECTION 1. 25150.87. (a) On or before July 1, 2025, the department, in consultation with the State Air Resources Board and affected local air pollution control and air quality management districts, shall develop standards for facilitywide fenceline air quality monitoring at metal shredding facilities, as defined in Section 25150.82, that are subject to this chapter.(b) The standards developed pursuant to subdivision (a) shall do all of the following:(1) Require monitoring of the following substances previously identified by the department: light fibrous material, lead, zinc, cadmium, and nickel. These standards may also require the monitoring of additional substances.(2) Require each local public health department to issue a community notification regarding the adverse impacts on air quality and public health as a result of the operation of metal shredding facilities in that jurisdiction and assist in identifying the underlying causes of the air pollution.(3) Require each local public health department to provide a biannual assessment to the local governmental entity for the jurisdiction in which the metal shredding facility is located.(c) The department shall ensure the successful implementation of the facilitywide fenceline air quality monitoring standards developed pursuant to this section on or before December 31, 2025. 25150.87. (a) On or before July 1, 2025, the department, in consultation with the State Air Resources Board and affected local air pollution control and air quality management districts, shall develop standards for facilitywide fenceline air quality monitoring at metal shredding facilities, as defined in Section 25150.82, that are subject to this chapter.(b) The standards developed pursuant to subdivision (a) shall do all of the following:(1) Require monitoring of the following substances previously identified by the department: light fibrous material, lead, zinc, cadmium, and nickel. These standards may also require the monitoring of additional substances.(2) Require each local public health department to issue a community notification regarding the adverse impacts on air quality and public health as a result of the operation of metal shredding facilities in that jurisdiction and assist in identifying the underlying causes of the air pollution.(3) Require each local public health department to provide a biannual assessment to the local governmental entity for the jurisdiction in which the metal shredding facility is located.(c) The department shall ensure the successful implementation of the facilitywide fenceline air quality monitoring standards developed pursuant to this section on or before December 31, 2025. 25150.87. (a) On or before July 1, 2025, the department, in consultation with the State Air Resources Board and affected local air pollution control and air quality management districts, shall develop standards for facilitywide fenceline air quality monitoring at metal shredding facilities, as defined in Section 25150.82, that are subject to this chapter.(b) The standards developed pursuant to subdivision (a) shall do all of the following:(1) Require monitoring of the following substances previously identified by the department: light fibrous material, lead, zinc, cadmium, and nickel. These standards may also require the monitoring of additional substances.(2) Require each local public health department to issue a community notification regarding the adverse impacts on air quality and public health as a result of the operation of metal shredding facilities in that jurisdiction and assist in identifying the underlying causes of the air pollution.(3) Require each local public health department to provide a biannual assessment to the local governmental entity for the jurisdiction in which the metal shredding facility is located.(c) The department shall ensure the successful implementation of the facilitywide fenceline air quality monitoring standards developed pursuant to this section on or before December 31, 2025. 25150.87. (a) On or before July 1, 2025, the department, in consultation with the State Air Resources Board and affected local air pollution control and air quality management districts, shall develop standards for facilitywide fenceline air quality monitoring at metal shredding facilities, as defined in Section 25150.82, that are subject to this chapter. (b) The standards developed pursuant to subdivision (a) shall do all of the following: (1) Require monitoring of the following substances previously identified by the department: light fibrous material, lead, zinc, cadmium, and nickel. These standards may also require the monitoring of additional substances. (2) Require each local public health department to issue a community notification regarding the adverse impacts on air quality and public health as a result of the operation of metal shredding facilities in that jurisdiction and assist in identifying the underlying causes of the air pollution. (3) Require each local public health department to provide a biannual assessment to the local governmental entity for the jurisdiction in which the metal shredding facility is located. (c) The department shall ensure the successful implementation of the facilitywide fenceline air quality monitoring standards developed pursuant to this section on or before December 31, 2025. SEC. 2. If the Commission on State Mandates determines that this act contains costs mandated by the state, reimbursement to local agencies and school districts for those costs shall be made pursuant to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of the Government Code. SEC. 2. If the Commission on State Mandates determines that this act contains costs mandated by the state, reimbursement to local agencies and school districts for those costs shall be made pursuant to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of the Government Code. SEC. 2. If the Commission on State Mandates determines that this act contains costs mandated by the state, reimbursement to local agencies and school districts for those costs shall be made pursuant to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of the Government Code. ### SEC. 2. It is the intent of the Legislature to enact future legislation that would establish a fence-line monitoring standard for all metal shredding facilities in this state.