Amended IN Assembly April 03, 2025 Amended IN Assembly March 28, 2025 CALIFORNIA LEGISLATURE 20252026 REGULAR SESSION Assembly Bill No. 1338Introduced by Assembly Member SolacheFebruary 21, 2025An act to amend Section 41514.6 of the Health and Safety Code, relating to air pollution.LEGISLATIVE COUNSEL'S DIGESTAB 1338, as amended, Solache. Metal shredding facilities: regulations.Existing law requires, on or before January 1, 2027, an air pollution control district or an air quality management district the jurisdiction of which includes metal shredding facilities, in consultation with the Department of Toxic Substances Control and the Office of Environmental Health Hazard Assessment to develop requirements for facilitywide fence-line air quality monitoring at metal shredding facilities, as defined. Existing law authorizes any reasonable regulatory costs incurred by a district in implementing these provisions to be reimbursed pursuant to the fee authority of the district.This bill, if a district has regulations and rules governing metal shredding facilities that have been implemented as of January 1, 2026, would authorize instead of require the district to implement these requirements. The bill would require the district regulations and rules to include, but not be limited to, facility registration, fenceline or alternative monitoring technologies compliance methods, or other methods to reduce emissions from metal shredding facilities, as specified. The bill would also require, rather than authorize, any reasonable regulatory costs incurred by a district in implementing these provisions to be reimbursed by the owner or operator of a metal shredding facility.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 41514.6 of the Health and Safety Code is amended to read:41514.6. (a) On or before January 1, 2027, a district the jurisdiction of which includes metal shredding facilities, in consultation with the Department of Toxic Substances Control and the Office of Environmental Health Hazard Assessment, shall develop requirements for facilitywide fence-line air quality monitoring at metal shredding facilities, as defined in Section 25150.82, that are subject to Section 25150.84 and this section.(b) The requirements developed pursuant to subdivision (a) shall include, but not be limited to, all of the following:(1) Development of threshold levels, in consultation with the Office of Environmental Health Hazard Assessment, for airborne contaminants, including, but not limited to, lead, zinc, cadmium, and nickel, at the fence lines of metal shredding facilities that are protective of air quality and public health. The threshold levels shall follow health guidance values adopted by the Office of Environmental Health Hazard Assessment, if available.(2) Development of threshold levels for community notification of potential adverse impact on public health based on the threshold values developed pursuant to paragraph (1).(3) Development of actions, in consultation with the Department of Toxic Substances Control, to be taken by metal shredding facilities if threshold levels developed pursuant to paragraph (1) are exceeded, and a method of enforcing those actions.(4) Development of community notification procedures to inform the public in areas in which the metal shredding facility is located, if the monitoring required pursuant to this subdivision indicates the threshold levels developed pursuant to paragraph (2) were exceeded.(5) Reporting the results of the monitoring required pursuant to this subdivision to the district and the local public health department.(c) All metal shredding facilities subject to this section shall implement the facilitywide fence-line air quality monitoring developed pursuant to this section.(d) On or before July 1, 2027, a district the jurisdiction of which includes metal shredding facilities shall adopt regulations to implement, interpret, or make specific the requirements pursuant to this section.(e) A district the jurisdiction of which includes metal shredding facilities shall oversee and enforce the compliance of metal shredding facilities with regulations adopted pursuant to subdivision (d).(f)Any district with regulations and rules governing metal shredding facilities that have been implemented as of January 1, 2026, shall have discretion to implement this section. Existing district regulations and rules shall include, but not be limited to, facility registration, housekeeping, best management practices, signage, requirements for new facilities, and fenceline or alternative monitoring technologies compliance methods, or other methods to reduce emissions from metal shredding facilities.(g)(f) Any reasonable regulatory costs incurred by a district in implementing this section shall be reimbursed by the owner or operator of a metal shredding facility.(h)(g) The Office of Environmental Health Hazard Assessments costs to implement this section shall be reimbursed from the subaccount established in the Hazardous Waste Control Account pursuant to Section 25150.84.
Amended IN Assembly April 03, 2025 Amended IN Assembly March 28, 2025 CALIFORNIA LEGISLATURE 20252026 REGULAR SESSION Assembly Bill No. 1338Introduced by Assembly Member SolacheFebruary 21, 2025An act to amend Section 41514.6 of the Health and Safety Code, relating to air pollution.LEGISLATIVE COUNSEL'S DIGESTAB 1338, as amended, Solache. Metal shredding facilities: regulations.Existing law requires, on or before January 1, 2027, an air pollution control district or an air quality management district the jurisdiction of which includes metal shredding facilities, in consultation with the Department of Toxic Substances Control and the Office of Environmental Health Hazard Assessment to develop requirements for facilitywide fence-line air quality monitoring at metal shredding facilities, as defined. Existing law authorizes any reasonable regulatory costs incurred by a district in implementing these provisions to be reimbursed pursuant to the fee authority of the district.This bill, if a district has regulations and rules governing metal shredding facilities that have been implemented as of January 1, 2026, would authorize instead of require the district to implement these requirements. The bill would require the district regulations and rules to include, but not be limited to, facility registration, fenceline or alternative monitoring technologies compliance methods, or other methods to reduce emissions from metal shredding facilities, as specified. The bill would also require, rather than authorize, any reasonable regulatory costs incurred by a district in implementing these provisions to be reimbursed by the owner or operator of a metal shredding facility.Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: YES Local Program: NO
Amended IN Assembly April 03, 2025 Amended IN Assembly March 28, 2025
Amended IN Assembly April 03, 2025
Amended IN Assembly March 28, 2025
CALIFORNIA LEGISLATURE 20252026 REGULAR SESSION
Assembly Bill
No. 1338
Introduced by Assembly Member SolacheFebruary 21, 2025
Introduced by Assembly Member Solache
February 21, 2025
An act to amend Section 41514.6 of the Health and Safety Code, relating to air pollution.
LEGISLATIVE COUNSEL'S DIGEST
## LEGISLATIVE COUNSEL'S DIGEST
AB 1338, as amended, Solache. Metal shredding facilities: regulations.
Existing law requires, on or before January 1, 2027, an air pollution control district or an air quality management district the jurisdiction of which includes metal shredding facilities, in consultation with the Department of Toxic Substances Control and the Office of Environmental Health Hazard Assessment to develop requirements for facilitywide fence-line air quality monitoring at metal shredding facilities, as defined. Existing law authorizes any reasonable regulatory costs incurred by a district in implementing these provisions to be reimbursed pursuant to the fee authority of the district.This bill, if a district has regulations and rules governing metal shredding facilities that have been implemented as of January 1, 2026, would authorize instead of require the district to implement these requirements. The bill would require the district regulations and rules to include, but not be limited to, facility registration, fenceline or alternative monitoring technologies compliance methods, or other methods to reduce emissions from metal shredding facilities, as specified. The bill would also require, rather than authorize, any reasonable regulatory costs incurred by a district in implementing these provisions to be reimbursed by the owner or operator of a metal shredding facility.
Existing law requires, on or before January 1, 2027, an air pollution control district or an air quality management district the jurisdiction of which includes metal shredding facilities, in consultation with the Department of Toxic Substances Control and the Office of Environmental Health Hazard Assessment to develop requirements for facilitywide fence-line air quality monitoring at metal shredding facilities, as defined. Existing law authorizes any reasonable regulatory costs incurred by a district in implementing these provisions to be reimbursed pursuant to the fee authority of the district.
This bill, if a district has regulations and rules governing metal shredding facilities that have been implemented as of January 1, 2026, would authorize instead of require the district to implement these requirements. The bill would require the district regulations and rules to include, but not be limited to, facility registration, fenceline or alternative monitoring technologies compliance methods, or other methods to reduce emissions from metal shredding facilities, as specified. The bill would also require, rather than authorize, any reasonable regulatory costs incurred by a district in implementing these provisions to be reimbursed by the owner or operator of a metal shredding facility.
## Digest Key
## Bill Text
The people of the State of California do enact as follows:SECTION 1. Section 41514.6 of the Health and Safety Code is amended to read:41514.6. (a) On or before January 1, 2027, a district the jurisdiction of which includes metal shredding facilities, in consultation with the Department of Toxic Substances Control and the Office of Environmental Health Hazard Assessment, shall develop requirements for facilitywide fence-line air quality monitoring at metal shredding facilities, as defined in Section 25150.82, that are subject to Section 25150.84 and this section.(b) The requirements developed pursuant to subdivision (a) shall include, but not be limited to, all of the following:(1) Development of threshold levels, in consultation with the Office of Environmental Health Hazard Assessment, for airborne contaminants, including, but not limited to, lead, zinc, cadmium, and nickel, at the fence lines of metal shredding facilities that are protective of air quality and public health. The threshold levels shall follow health guidance values adopted by the Office of Environmental Health Hazard Assessment, if available.(2) Development of threshold levels for community notification of potential adverse impact on public health based on the threshold values developed pursuant to paragraph (1).(3) Development of actions, in consultation with the Department of Toxic Substances Control, to be taken by metal shredding facilities if threshold levels developed pursuant to paragraph (1) are exceeded, and a method of enforcing those actions.(4) Development of community notification procedures to inform the public in areas in which the metal shredding facility is located, if the monitoring required pursuant to this subdivision indicates the threshold levels developed pursuant to paragraph (2) were exceeded.(5) Reporting the results of the monitoring required pursuant to this subdivision to the district and the local public health department.(c) All metal shredding facilities subject to this section shall implement the facilitywide fence-line air quality monitoring developed pursuant to this section.(d) On or before July 1, 2027, a district the jurisdiction of which includes metal shredding facilities shall adopt regulations to implement, interpret, or make specific the requirements pursuant to this section.(e) A district the jurisdiction of which includes metal shredding facilities shall oversee and enforce the compliance of metal shredding facilities with regulations adopted pursuant to subdivision (d).(f)Any district with regulations and rules governing metal shredding facilities that have been implemented as of January 1, 2026, shall have discretion to implement this section. Existing district regulations and rules shall include, but not be limited to, facility registration, housekeeping, best management practices, signage, requirements for new facilities, and fenceline or alternative monitoring technologies compliance methods, or other methods to reduce emissions from metal shredding facilities.(g)(f) Any reasonable regulatory costs incurred by a district in implementing this section shall be reimbursed by the owner or operator of a metal shredding facility.(h)(g) The Office of Environmental Health Hazard Assessments costs to implement this section shall be reimbursed from the subaccount established in the Hazardous Waste Control Account pursuant to Section 25150.84.
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 41514.6 of the Health and Safety Code is amended to read:41514.6. (a) On or before January 1, 2027, a district the jurisdiction of which includes metal shredding facilities, in consultation with the Department of Toxic Substances Control and the Office of Environmental Health Hazard Assessment, shall develop requirements for facilitywide fence-line air quality monitoring at metal shredding facilities, as defined in Section 25150.82, that are subject to Section 25150.84 and this section.(b) The requirements developed pursuant to subdivision (a) shall include, but not be limited to, all of the following:(1) Development of threshold levels, in consultation with the Office of Environmental Health Hazard Assessment, for airborne contaminants, including, but not limited to, lead, zinc, cadmium, and nickel, at the fence lines of metal shredding facilities that are protective of air quality and public health. The threshold levels shall follow health guidance values adopted by the Office of Environmental Health Hazard Assessment, if available.(2) Development of threshold levels for community notification of potential adverse impact on public health based on the threshold values developed pursuant to paragraph (1).(3) Development of actions, in consultation with the Department of Toxic Substances Control, to be taken by metal shredding facilities if threshold levels developed pursuant to paragraph (1) are exceeded, and a method of enforcing those actions.(4) Development of community notification procedures to inform the public in areas in which the metal shredding facility is located, if the monitoring required pursuant to this subdivision indicates the threshold levels developed pursuant to paragraph (2) were exceeded.(5) Reporting the results of the monitoring required pursuant to this subdivision to the district and the local public health department.(c) All metal shredding facilities subject to this section shall implement the facilitywide fence-line air quality monitoring developed pursuant to this section.(d) On or before July 1, 2027, a district the jurisdiction of which includes metal shredding facilities shall adopt regulations to implement, interpret, or make specific the requirements pursuant to this section.(e) A district the jurisdiction of which includes metal shredding facilities shall oversee and enforce the compliance of metal shredding facilities with regulations adopted pursuant to subdivision (d).(f)Any district with regulations and rules governing metal shredding facilities that have been implemented as of January 1, 2026, shall have discretion to implement this section. Existing district regulations and rules shall include, but not be limited to, facility registration, housekeeping, best management practices, signage, requirements for new facilities, and fenceline or alternative monitoring technologies compliance methods, or other methods to reduce emissions from metal shredding facilities.(g)(f) Any reasonable regulatory costs incurred by a district in implementing this section shall be reimbursed by the owner or operator of a metal shredding facility.(h)(g) The Office of Environmental Health Hazard Assessments costs to implement this section shall be reimbursed from the subaccount established in the Hazardous Waste Control Account pursuant to Section 25150.84.
SECTION 1. Section 41514.6 of the Health and Safety Code is amended to read:
### SECTION 1.
41514.6. (a) On or before January 1, 2027, a district the jurisdiction of which includes metal shredding facilities, in consultation with the Department of Toxic Substances Control and the Office of Environmental Health Hazard Assessment, shall develop requirements for facilitywide fence-line air quality monitoring at metal shredding facilities, as defined in Section 25150.82, that are subject to Section 25150.84 and this section.(b) The requirements developed pursuant to subdivision (a) shall include, but not be limited to, all of the following:(1) Development of threshold levels, in consultation with the Office of Environmental Health Hazard Assessment, for airborne contaminants, including, but not limited to, lead, zinc, cadmium, and nickel, at the fence lines of metal shredding facilities that are protective of air quality and public health. The threshold levels shall follow health guidance values adopted by the Office of Environmental Health Hazard Assessment, if available.(2) Development of threshold levels for community notification of potential adverse impact on public health based on the threshold values developed pursuant to paragraph (1).(3) Development of actions, in consultation with the Department of Toxic Substances Control, to be taken by metal shredding facilities if threshold levels developed pursuant to paragraph (1) are exceeded, and a method of enforcing those actions.(4) Development of community notification procedures to inform the public in areas in which the metal shredding facility is located, if the monitoring required pursuant to this subdivision indicates the threshold levels developed pursuant to paragraph (2) were exceeded.(5) Reporting the results of the monitoring required pursuant to this subdivision to the district and the local public health department.(c) All metal shredding facilities subject to this section shall implement the facilitywide fence-line air quality monitoring developed pursuant to this section.(d) On or before July 1, 2027, a district the jurisdiction of which includes metal shredding facilities shall adopt regulations to implement, interpret, or make specific the requirements pursuant to this section.(e) A district the jurisdiction of which includes metal shredding facilities shall oversee and enforce the compliance of metal shredding facilities with regulations adopted pursuant to subdivision (d).(f)Any district with regulations and rules governing metal shredding facilities that have been implemented as of January 1, 2026, shall have discretion to implement this section. Existing district regulations and rules shall include, but not be limited to, facility registration, housekeeping, best management practices, signage, requirements for new facilities, and fenceline or alternative monitoring technologies compliance methods, or other methods to reduce emissions from metal shredding facilities.(g)(f) Any reasonable regulatory costs incurred by a district in implementing this section shall be reimbursed by the owner or operator of a metal shredding facility.(h)(g) The Office of Environmental Health Hazard Assessments costs to implement this section shall be reimbursed from the subaccount established in the Hazardous Waste Control Account pursuant to Section 25150.84.
41514.6. (a) On or before January 1, 2027, a district the jurisdiction of which includes metal shredding facilities, in consultation with the Department of Toxic Substances Control and the Office of Environmental Health Hazard Assessment, shall develop requirements for facilitywide fence-line air quality monitoring at metal shredding facilities, as defined in Section 25150.82, that are subject to Section 25150.84 and this section.(b) The requirements developed pursuant to subdivision (a) shall include, but not be limited to, all of the following:(1) Development of threshold levels, in consultation with the Office of Environmental Health Hazard Assessment, for airborne contaminants, including, but not limited to, lead, zinc, cadmium, and nickel, at the fence lines of metal shredding facilities that are protective of air quality and public health. The threshold levels shall follow health guidance values adopted by the Office of Environmental Health Hazard Assessment, if available.(2) Development of threshold levels for community notification of potential adverse impact on public health based on the threshold values developed pursuant to paragraph (1).(3) Development of actions, in consultation with the Department of Toxic Substances Control, to be taken by metal shredding facilities if threshold levels developed pursuant to paragraph (1) are exceeded, and a method of enforcing those actions.(4) Development of community notification procedures to inform the public in areas in which the metal shredding facility is located, if the monitoring required pursuant to this subdivision indicates the threshold levels developed pursuant to paragraph (2) were exceeded.(5) Reporting the results of the monitoring required pursuant to this subdivision to the district and the local public health department.(c) All metal shredding facilities subject to this section shall implement the facilitywide fence-line air quality monitoring developed pursuant to this section.(d) On or before July 1, 2027, a district the jurisdiction of which includes metal shredding facilities shall adopt regulations to implement, interpret, or make specific the requirements pursuant to this section.(e) A district the jurisdiction of which includes metal shredding facilities shall oversee and enforce the compliance of metal shredding facilities with regulations adopted pursuant to subdivision (d).(f)Any district with regulations and rules governing metal shredding facilities that have been implemented as of January 1, 2026, shall have discretion to implement this section. Existing district regulations and rules shall include, but not be limited to, facility registration, housekeeping, best management practices, signage, requirements for new facilities, and fenceline or alternative monitoring technologies compliance methods, or other methods to reduce emissions from metal shredding facilities.(g)(f) Any reasonable regulatory costs incurred by a district in implementing this section shall be reimbursed by the owner or operator of a metal shredding facility.(h)(g) The Office of Environmental Health Hazard Assessments costs to implement this section shall be reimbursed from the subaccount established in the Hazardous Waste Control Account pursuant to Section 25150.84.
41514.6. (a) On or before January 1, 2027, a district the jurisdiction of which includes metal shredding facilities, in consultation with the Department of Toxic Substances Control and the Office of Environmental Health Hazard Assessment, shall develop requirements for facilitywide fence-line air quality monitoring at metal shredding facilities, as defined in Section 25150.82, that are subject to Section 25150.84 and this section.(b) The requirements developed pursuant to subdivision (a) shall include, but not be limited to, all of the following:(1) Development of threshold levels, in consultation with the Office of Environmental Health Hazard Assessment, for airborne contaminants, including, but not limited to, lead, zinc, cadmium, and nickel, at the fence lines of metal shredding facilities that are protective of air quality and public health. The threshold levels shall follow health guidance values adopted by the Office of Environmental Health Hazard Assessment, if available.(2) Development of threshold levels for community notification of potential adverse impact on public health based on the threshold values developed pursuant to paragraph (1).(3) Development of actions, in consultation with the Department of Toxic Substances Control, to be taken by metal shredding facilities if threshold levels developed pursuant to paragraph (1) are exceeded, and a method of enforcing those actions.(4) Development of community notification procedures to inform the public in areas in which the metal shredding facility is located, if the monitoring required pursuant to this subdivision indicates the threshold levels developed pursuant to paragraph (2) were exceeded.(5) Reporting the results of the monitoring required pursuant to this subdivision to the district and the local public health department.(c) All metal shredding facilities subject to this section shall implement the facilitywide fence-line air quality monitoring developed pursuant to this section.(d) On or before July 1, 2027, a district the jurisdiction of which includes metal shredding facilities shall adopt regulations to implement, interpret, or make specific the requirements pursuant to this section.(e) A district the jurisdiction of which includes metal shredding facilities shall oversee and enforce the compliance of metal shredding facilities with regulations adopted pursuant to subdivision (d).(f)Any district with regulations and rules governing metal shredding facilities that have been implemented as of January 1, 2026, shall have discretion to implement this section. Existing district regulations and rules shall include, but not be limited to, facility registration, housekeeping, best management practices, signage, requirements for new facilities, and fenceline or alternative monitoring technologies compliance methods, or other methods to reduce emissions from metal shredding facilities.(g)(f) Any reasonable regulatory costs incurred by a district in implementing this section shall be reimbursed by the owner or operator of a metal shredding facility.(h)(g) The Office of Environmental Health Hazard Assessments costs to implement this section shall be reimbursed from the subaccount established in the Hazardous Waste Control Account pursuant to Section 25150.84.
41514.6. (a) On or before January 1, 2027, a district the jurisdiction of which includes metal shredding facilities, in consultation with the Department of Toxic Substances Control and the Office of Environmental Health Hazard Assessment, shall develop requirements for facilitywide fence-line air quality monitoring at metal shredding facilities, as defined in Section 25150.82, that are subject to Section 25150.84 and this section.
(b) The requirements developed pursuant to subdivision (a) shall include, but not be limited to, all of the following:
(1) Development of threshold levels, in consultation with the Office of Environmental Health Hazard Assessment, for airborne contaminants, including, but not limited to, lead, zinc, cadmium, and nickel, at the fence lines of metal shredding facilities that are protective of air quality and public health. The threshold levels shall follow health guidance values adopted by the Office of Environmental Health Hazard Assessment, if available.
(2) Development of threshold levels for community notification of potential adverse impact on public health based on the threshold values developed pursuant to paragraph (1).
(3) Development of actions, in consultation with the Department of Toxic Substances Control, to be taken by metal shredding facilities if threshold levels developed pursuant to paragraph (1) are exceeded, and a method of enforcing those actions.
(4) Development of community notification procedures to inform the public in areas in which the metal shredding facility is located, if the monitoring required pursuant to this subdivision indicates the threshold levels developed pursuant to paragraph (2) were exceeded.
(5) Reporting the results of the monitoring required pursuant to this subdivision to the district and the local public health department.
(c) All metal shredding facilities subject to this section shall implement the facilitywide fence-line air quality monitoring developed pursuant to this section.
(d) On or before July 1, 2027, a district the jurisdiction of which includes metal shredding facilities shall adopt regulations to implement, interpret, or make specific the requirements pursuant to this section.
(e) A district the jurisdiction of which includes metal shredding facilities shall oversee and enforce the compliance of metal shredding facilities with regulations adopted pursuant to subdivision (d).
(f)Any district with regulations and rules governing metal shredding facilities that have been implemented as of January 1, 2026, shall have discretion to implement this section. Existing district regulations and rules shall include, but not be limited to, facility registration, housekeeping, best management practices, signage, requirements for new facilities, and fenceline or alternative monitoring technologies compliance methods, or other methods to reduce emissions from metal shredding facilities.
(g)
(f) Any reasonable regulatory costs incurred by a district in implementing this section shall be reimbursed by the owner or operator of a metal shredding facility.
(h)
(g) The Office of Environmental Health Hazard Assessments costs to implement this section shall be reimbursed from the subaccount established in the Hazardous Waste Control Account pursuant to Section 25150.84.