| 1 | 1 | | CALIFORNIA LEGISLATURE 20252026 REGULAR SESSION Senate Bill No. 526Introduced by Senator MenjivarFebruary 20, 2025 An act to add Section 40458.7 to the Health and Safety Code, relating to air pollution. LEGISLATIVE COUNSEL'S DIGESTSB 526, as introduced, Menjivar. South Coast Air Quality Management District: air quality. Existing law provides for the creation of the South Coast Air Quality Management District (south coast district) in those portions of the Counties of Los Angeles, Orange, Riverside, and San Bernardino included within the area of the South Coast Air Basin, as specified. Existing law provides that the south coast district is governed by a board consisting of 13 members and requires the district to adopt rules and regulations to carry out the south coast district air quality management plan that are not in conflict with state and federal laws and rules and regulations. The south coast district has adopted the Final 2021 PM10 Maintenance Plan for the South Coast Air Basin, which includes specified air quality attainment rules, including Rule 1157 (PM10 Emission Reductions from Aggregate and Related Operations) (Rule 1157). Rule 1157 establishes performance standards and specifies operational PM10 controls for aggregate and cement operations in order to minimize particulate emissions.This bill would require the south coast district board to update Rule 1157 to improve air quality and increase data collection. The bill would require the owner or operator of a covered facility, as defined, on or before January 1, 2027, to take specified actions, including maintaining fencing around the entire property fenceline that is a specified height and maintaining open storage piles no taller than 8 feet high, as provided, if the covered facility is within 500 feet of a sensitive receptor. The bill would define a sensitive receptor to mean a residence, school, park, or hospital, among other, similar facilities. The bill would require, on and after July 1, 2027, (1) the owner or operator of a covered facility with a demonstrated history of PM10 emissions at or above the threshold limit set by the south coast district and whose property line is within 500 feet of a sensitive receptor to fully enclose the existing open storage piles and (2) the south coast district to inspect the covered facility monthly until PM10 emissions remain below threshold limits for 3 consecutive months. By imposing additional duties on a local entity, 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 with regard to certain mandates no reimbursement is required by this act for a specified reason.With regard to any other mandates, this bill would provide that, if the Commission on State Mandates determines that the bill contains costs so 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: YES Local Program: YES Bill TextThe people of the State of California do enact as follows:SECTION 1. Section 40458.7 is added to the Health and Safety Code, to read:40458.7. (a) For the purposes of this section, the following definitions apply(1) Covered facility: means permanent and temporary aggregate operations.(2) Fence-line monitoring system means equipment that measures and records air pollutant concentrations at or adjacent to a permanent and temporary aggregate operation that can provide continuous direct reading near real time ambient monitoring of PM10 concentrations.(3) Sensitive receptors means one or more of the following:(A) A residence, including, but not limited to, a private home, apartment condominium unit, group home, dormitory unit, or retirement home.(B) A school, including, but not limited to, a preschool, prekindergarten, or school maintaining kindergarten or any grades 1 to 12, inclusive.(C) A daycare facility, including, but not limited to, in-home daycare.(D) Publicly owned parks, playgrounds, and recreational areas or facilities primarily used by children.(E) Nursing homes, long-term care facilities, hospices, convalescent facilities, or similar live-in housing.(F) A hospital, as defined in Section 128700.(b) Notwithstanding any other law, the south coast district board shall update Rule 1157 PM10 Emission Reductions from Aggregate and Related Operations to improve air quality and increase data collection. The updated rule shall include, but not limited to, the following:(1) (A) On or before January 1, 2027, the owner or operator of a covered facility shall do the following:(i) Maintain fencing around the entire property fenceline that is at least 6 inches taller than the height of the tallest open storage pile. (ii) Maintain open storage piles no taller than 8 feet high throughout the entire property if the property line of the covered facility is within 500 feet of a sensitive receptor.(iii) Develop, install, operate, and maintain a fence-line monitoring system in accordance with guidance developed by the south coast district.(iv) Cease all activities and implement dust mitigation measures if PM10 emissions reach the threshold limit in accordance with guidance developed by the south coast district.(B) If the threshold limit has been met or exceeded for PM10 emissions, the owner or operator of a covered facility shall inform the south coast district in accordance with guidance developed by the south coast district.(C) If the threshold limit has been met or exceeded for PM10 emissions, the owner or operator of a covered facility shall provide public notice in accordance with guidance developed by the south coast district.(2) On and after July 1, 2027, the following shall apply to a covered facility with a demonstrated history of PM10 emissions at or above the threshold limit set by the south coast district and whose property line is within 500 feet of a sensitive receptor:(A) The owner or operator of the covered facility shall fully enclose the existing open storage piles.(B) The south coast district shall inspect the covered facility monthly until PM10 emissions remain below threshold limits for three consecutive months.SEC. 2. 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.However, if the Commission on State Mandates determines that this act contains other 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. |
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| 3 | 3 | | CALIFORNIA LEGISLATURE 20252026 REGULAR SESSION Senate Bill No. 526Introduced by Senator MenjivarFebruary 20, 2025 An act to add Section 40458.7 to the Health and Safety Code, relating to air pollution. LEGISLATIVE COUNSEL'S DIGESTSB 526, as introduced, Menjivar. South Coast Air Quality Management District: air quality. Existing law provides for the creation of the South Coast Air Quality Management District (south coast district) in those portions of the Counties of Los Angeles, Orange, Riverside, and San Bernardino included within the area of the South Coast Air Basin, as specified. Existing law provides that the south coast district is governed by a board consisting of 13 members and requires the district to adopt rules and regulations to carry out the south coast district air quality management plan that are not in conflict with state and federal laws and rules and regulations. The south coast district has adopted the Final 2021 PM10 Maintenance Plan for the South Coast Air Basin, which includes specified air quality attainment rules, including Rule 1157 (PM10 Emission Reductions from Aggregate and Related Operations) (Rule 1157). Rule 1157 establishes performance standards and specifies operational PM10 controls for aggregate and cement operations in order to minimize particulate emissions.This bill would require the south coast district board to update Rule 1157 to improve air quality and increase data collection. The bill would require the owner or operator of a covered facility, as defined, on or before January 1, 2027, to take specified actions, including maintaining fencing around the entire property fenceline that is a specified height and maintaining open storage piles no taller than 8 feet high, as provided, if the covered facility is within 500 feet of a sensitive receptor. The bill would define a sensitive receptor to mean a residence, school, park, or hospital, among other, similar facilities. The bill would require, on and after July 1, 2027, (1) the owner or operator of a covered facility with a demonstrated history of PM10 emissions at or above the threshold limit set by the south coast district and whose property line is within 500 feet of a sensitive receptor to fully enclose the existing open storage piles and (2) the south coast district to inspect the covered facility monthly until PM10 emissions remain below threshold limits for 3 consecutive months. By imposing additional duties on a local entity, 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 with regard to certain mandates no reimbursement is required by this act for a specified reason.With regard to any other mandates, this bill would provide that, if the Commission on State Mandates determines that the bill contains costs so 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: YES Local Program: YES |
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| 9 | 9 | | CALIFORNIA LEGISLATURE 20252026 REGULAR SESSION |
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| 11 | 11 | | Senate Bill |
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| 12 | 12 | | |
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| 13 | 13 | | No. 526 |
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| 15 | 15 | | Introduced by Senator MenjivarFebruary 20, 2025 |
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| 16 | 16 | | |
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| 17 | 17 | | Introduced by Senator Menjivar |
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| 18 | 18 | | February 20, 2025 |
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| 19 | 19 | | |
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| 20 | 20 | | An act to add Section 40458.7 to the Health and Safety Code, relating to air pollution. |
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| 21 | 21 | | |
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| 22 | 22 | | LEGISLATIVE COUNSEL'S DIGEST |
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| 23 | 23 | | |
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| 24 | 24 | | ## LEGISLATIVE COUNSEL'S DIGEST |
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| 25 | 25 | | |
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| 26 | 26 | | SB 526, as introduced, Menjivar. South Coast Air Quality Management District: air quality. |
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| 27 | 27 | | |
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| 28 | 28 | | Existing law provides for the creation of the South Coast Air Quality Management District (south coast district) in those portions of the Counties of Los Angeles, Orange, Riverside, and San Bernardino included within the area of the South Coast Air Basin, as specified. Existing law provides that the south coast district is governed by a board consisting of 13 members and requires the district to adopt rules and regulations to carry out the south coast district air quality management plan that are not in conflict with state and federal laws and rules and regulations. The south coast district has adopted the Final 2021 PM10 Maintenance Plan for the South Coast Air Basin, which includes specified air quality attainment rules, including Rule 1157 (PM10 Emission Reductions from Aggregate and Related Operations) (Rule 1157). Rule 1157 establishes performance standards and specifies operational PM10 controls for aggregate and cement operations in order to minimize particulate emissions.This bill would require the south coast district board to update Rule 1157 to improve air quality and increase data collection. The bill would require the owner or operator of a covered facility, as defined, on or before January 1, 2027, to take specified actions, including maintaining fencing around the entire property fenceline that is a specified height and maintaining open storage piles no taller than 8 feet high, as provided, if the covered facility is within 500 feet of a sensitive receptor. The bill would define a sensitive receptor to mean a residence, school, park, or hospital, among other, similar facilities. The bill would require, on and after July 1, 2027, (1) the owner or operator of a covered facility with a demonstrated history of PM10 emissions at or above the threshold limit set by the south coast district and whose property line is within 500 feet of a sensitive receptor to fully enclose the existing open storage piles and (2) the south coast district to inspect the covered facility monthly until PM10 emissions remain below threshold limits for 3 consecutive months. By imposing additional duties on a local entity, 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 with regard to certain mandates no reimbursement is required by this act for a specified reason.With regard to any other mandates, this bill would provide that, if the Commission on State Mandates determines that the bill contains costs so mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above. |
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| 29 | 29 | | |
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| 30 | 30 | | Existing law provides for the creation of the South Coast Air Quality Management District (south coast district) in those portions of the Counties of Los Angeles, Orange, Riverside, and San Bernardino included within the area of the South Coast Air Basin, as specified. Existing law provides that the south coast district is governed by a board consisting of 13 members and requires the district to adopt rules and regulations to carry out the south coast district air quality management plan that are not in conflict with state and federal laws and rules and regulations. The south coast district has adopted the Final 2021 PM10 Maintenance Plan for the South Coast Air Basin, which includes specified air quality attainment rules, including Rule 1157 (PM10 Emission Reductions from Aggregate and Related Operations) (Rule 1157). Rule 1157 establishes performance standards and specifies operational PM10 controls for aggregate and cement operations in order to minimize particulate emissions. |
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| 31 | 31 | | |
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| 32 | 32 | | This bill would require the south coast district board to update Rule 1157 to improve air quality and increase data collection. The bill would require the owner or operator of a covered facility, as defined, on or before January 1, 2027, to take specified actions, including maintaining fencing around the entire property fenceline that is a specified height and maintaining open storage piles no taller than 8 feet high, as provided, if the covered facility is within 500 feet of a sensitive receptor. The bill would define a sensitive receptor to mean a residence, school, park, or hospital, among other, similar facilities. The bill would require, on and after July 1, 2027, (1) the owner or operator of a covered facility with a demonstrated history of PM10 emissions at or above the threshold limit set by the south coast district and whose property line is within 500 feet of a sensitive receptor to fully enclose the existing open storage piles and (2) the south coast district to inspect the covered facility monthly until PM10 emissions remain below threshold limits for 3 consecutive months. By imposing additional duties on a local entity, the bill would impose a state-mandated local program. |
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| 33 | 33 | | |
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| 34 | 34 | | 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. |
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| 35 | 35 | | |
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| 36 | 36 | | This bill would provide that with regard to certain mandates no reimbursement is required by this act for a specified reason. |
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| 37 | 37 | | |
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| 38 | 38 | | With regard to any other mandates, this bill would provide that, if the Commission on State Mandates determines that the bill contains costs so mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above. |
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| 39 | 39 | | |
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| 40 | 40 | | ## Digest Key |
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| 41 | 41 | | |
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| 42 | 42 | | ## Bill Text |
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| 43 | 43 | | |
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| 44 | 44 | | The people of the State of California do enact as follows:SECTION 1. Section 40458.7 is added to the Health and Safety Code, to read:40458.7. (a) For the purposes of this section, the following definitions apply(1) Covered facility: means permanent and temporary aggregate operations.(2) Fence-line monitoring system means equipment that measures and records air pollutant concentrations at or adjacent to a permanent and temporary aggregate operation that can provide continuous direct reading near real time ambient monitoring of PM10 concentrations.(3) Sensitive receptors means one or more of the following:(A) A residence, including, but not limited to, a private home, apartment condominium unit, group home, dormitory unit, or retirement home.(B) A school, including, but not limited to, a preschool, prekindergarten, or school maintaining kindergarten or any grades 1 to 12, inclusive.(C) A daycare facility, including, but not limited to, in-home daycare.(D) Publicly owned parks, playgrounds, and recreational areas or facilities primarily used by children.(E) Nursing homes, long-term care facilities, hospices, convalescent facilities, or similar live-in housing.(F) A hospital, as defined in Section 128700.(b) Notwithstanding any other law, the south coast district board shall update Rule 1157 PM10 Emission Reductions from Aggregate and Related Operations to improve air quality and increase data collection. The updated rule shall include, but not limited to, the following:(1) (A) On or before January 1, 2027, the owner or operator of a covered facility shall do the following:(i) Maintain fencing around the entire property fenceline that is at least 6 inches taller than the height of the tallest open storage pile. (ii) Maintain open storage piles no taller than 8 feet high throughout the entire property if the property line of the covered facility is within 500 feet of a sensitive receptor.(iii) Develop, install, operate, and maintain a fence-line monitoring system in accordance with guidance developed by the south coast district.(iv) Cease all activities and implement dust mitigation measures if PM10 emissions reach the threshold limit in accordance with guidance developed by the south coast district.(B) If the threshold limit has been met or exceeded for PM10 emissions, the owner or operator of a covered facility shall inform the south coast district in accordance with guidance developed by the south coast district.(C) If the threshold limit has been met or exceeded for PM10 emissions, the owner or operator of a covered facility shall provide public notice in accordance with guidance developed by the south coast district.(2) On and after July 1, 2027, the following shall apply to a covered facility with a demonstrated history of PM10 emissions at or above the threshold limit set by the south coast district and whose property line is within 500 feet of a sensitive receptor:(A) The owner or operator of the covered facility shall fully enclose the existing open storage piles.(B) The south coast district shall inspect the covered facility monthly until PM10 emissions remain below threshold limits for three consecutive months.SEC. 2. 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.However, if the Commission on State Mandates determines that this act contains other 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. |
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| 46 | 46 | | The people of the State of California do enact as follows: |
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| 48 | 48 | | ## The people of the State of California do enact as follows: |
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| 49 | 49 | | |
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| 50 | 50 | | SECTION 1. Section 40458.7 is added to the Health and Safety Code, to read:40458.7. (a) For the purposes of this section, the following definitions apply(1) Covered facility: means permanent and temporary aggregate operations.(2) Fence-line monitoring system means equipment that measures and records air pollutant concentrations at or adjacent to a permanent and temporary aggregate operation that can provide continuous direct reading near real time ambient monitoring of PM10 concentrations.(3) Sensitive receptors means one or more of the following:(A) A residence, including, but not limited to, a private home, apartment condominium unit, group home, dormitory unit, or retirement home.(B) A school, including, but not limited to, a preschool, prekindergarten, or school maintaining kindergarten or any grades 1 to 12, inclusive.(C) A daycare facility, including, but not limited to, in-home daycare.(D) Publicly owned parks, playgrounds, and recreational areas or facilities primarily used by children.(E) Nursing homes, long-term care facilities, hospices, convalescent facilities, or similar live-in housing.(F) A hospital, as defined in Section 128700.(b) Notwithstanding any other law, the south coast district board shall update Rule 1157 PM10 Emission Reductions from Aggregate and Related Operations to improve air quality and increase data collection. The updated rule shall include, but not limited to, the following:(1) (A) On or before January 1, 2027, the owner or operator of a covered facility shall do the following:(i) Maintain fencing around the entire property fenceline that is at least 6 inches taller than the height of the tallest open storage pile. (ii) Maintain open storage piles no taller than 8 feet high throughout the entire property if the property line of the covered facility is within 500 feet of a sensitive receptor.(iii) Develop, install, operate, and maintain a fence-line monitoring system in accordance with guidance developed by the south coast district.(iv) Cease all activities and implement dust mitigation measures if PM10 emissions reach the threshold limit in accordance with guidance developed by the south coast district.(B) If the threshold limit has been met or exceeded for PM10 emissions, the owner or operator of a covered facility shall inform the south coast district in accordance with guidance developed by the south coast district.(C) If the threshold limit has been met or exceeded for PM10 emissions, the owner or operator of a covered facility shall provide public notice in accordance with guidance developed by the south coast district.(2) On and after July 1, 2027, the following shall apply to a covered facility with a demonstrated history of PM10 emissions at or above the threshold limit set by the south coast district and whose property line is within 500 feet of a sensitive receptor:(A) The owner or operator of the covered facility shall fully enclose the existing open storage piles.(B) The south coast district shall inspect the covered facility monthly until PM10 emissions remain below threshold limits for three consecutive months. |
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| 51 | 51 | | |
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| 52 | 52 | | SECTION 1. Section 40458.7 is added to the Health and Safety Code, to read: |
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| 53 | 53 | | |
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| 54 | 54 | | ### SECTION 1. |
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| 55 | 55 | | |
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| 56 | 56 | | 40458.7. (a) For the purposes of this section, the following definitions apply(1) Covered facility: means permanent and temporary aggregate operations.(2) Fence-line monitoring system means equipment that measures and records air pollutant concentrations at or adjacent to a permanent and temporary aggregate operation that can provide continuous direct reading near real time ambient monitoring of PM10 concentrations.(3) Sensitive receptors means one or more of the following:(A) A residence, including, but not limited to, a private home, apartment condominium unit, group home, dormitory unit, or retirement home.(B) A school, including, but not limited to, a preschool, prekindergarten, or school maintaining kindergarten or any grades 1 to 12, inclusive.(C) A daycare facility, including, but not limited to, in-home daycare.(D) Publicly owned parks, playgrounds, and recreational areas or facilities primarily used by children.(E) Nursing homes, long-term care facilities, hospices, convalescent facilities, or similar live-in housing.(F) A hospital, as defined in Section 128700.(b) Notwithstanding any other law, the south coast district board shall update Rule 1157 PM10 Emission Reductions from Aggregate and Related Operations to improve air quality and increase data collection. The updated rule shall include, but not limited to, the following:(1) (A) On or before January 1, 2027, the owner or operator of a covered facility shall do the following:(i) Maintain fencing around the entire property fenceline that is at least 6 inches taller than the height of the tallest open storage pile. (ii) Maintain open storage piles no taller than 8 feet high throughout the entire property if the property line of the covered facility is within 500 feet of a sensitive receptor.(iii) Develop, install, operate, and maintain a fence-line monitoring system in accordance with guidance developed by the south coast district.(iv) Cease all activities and implement dust mitigation measures if PM10 emissions reach the threshold limit in accordance with guidance developed by the south coast district.(B) If the threshold limit has been met or exceeded for PM10 emissions, the owner or operator of a covered facility shall inform the south coast district in accordance with guidance developed by the south coast district.(C) If the threshold limit has been met or exceeded for PM10 emissions, the owner or operator of a covered facility shall provide public notice in accordance with guidance developed by the south coast district.(2) On and after July 1, 2027, the following shall apply to a covered facility with a demonstrated history of PM10 emissions at or above the threshold limit set by the south coast district and whose property line is within 500 feet of a sensitive receptor:(A) The owner or operator of the covered facility shall fully enclose the existing open storage piles.(B) The south coast district shall inspect the covered facility monthly until PM10 emissions remain below threshold limits for three consecutive months. |
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| 57 | 57 | | |
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| 58 | 58 | | 40458.7. (a) For the purposes of this section, the following definitions apply(1) Covered facility: means permanent and temporary aggregate operations.(2) Fence-line monitoring system means equipment that measures and records air pollutant concentrations at or adjacent to a permanent and temporary aggregate operation that can provide continuous direct reading near real time ambient monitoring of PM10 concentrations.(3) Sensitive receptors means one or more of the following:(A) A residence, including, but not limited to, a private home, apartment condominium unit, group home, dormitory unit, or retirement home.(B) A school, including, but not limited to, a preschool, prekindergarten, or school maintaining kindergarten or any grades 1 to 12, inclusive.(C) A daycare facility, including, but not limited to, in-home daycare.(D) Publicly owned parks, playgrounds, and recreational areas or facilities primarily used by children.(E) Nursing homes, long-term care facilities, hospices, convalescent facilities, or similar live-in housing.(F) A hospital, as defined in Section 128700.(b) Notwithstanding any other law, the south coast district board shall update Rule 1157 PM10 Emission Reductions from Aggregate and Related Operations to improve air quality and increase data collection. The updated rule shall include, but not limited to, the following:(1) (A) On or before January 1, 2027, the owner or operator of a covered facility shall do the following:(i) Maintain fencing around the entire property fenceline that is at least 6 inches taller than the height of the tallest open storage pile. (ii) Maintain open storage piles no taller than 8 feet high throughout the entire property if the property line of the covered facility is within 500 feet of a sensitive receptor.(iii) Develop, install, operate, and maintain a fence-line monitoring system in accordance with guidance developed by the south coast district.(iv) Cease all activities and implement dust mitigation measures if PM10 emissions reach the threshold limit in accordance with guidance developed by the south coast district.(B) If the threshold limit has been met or exceeded for PM10 emissions, the owner or operator of a covered facility shall inform the south coast district in accordance with guidance developed by the south coast district.(C) If the threshold limit has been met or exceeded for PM10 emissions, the owner or operator of a covered facility shall provide public notice in accordance with guidance developed by the south coast district.(2) On and after July 1, 2027, the following shall apply to a covered facility with a demonstrated history of PM10 emissions at or above the threshold limit set by the south coast district and whose property line is within 500 feet of a sensitive receptor:(A) The owner or operator of the covered facility shall fully enclose the existing open storage piles.(B) The south coast district shall inspect the covered facility monthly until PM10 emissions remain below threshold limits for three consecutive months. |
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| 59 | 59 | | |
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| 60 | 60 | | 40458.7. (a) For the purposes of this section, the following definitions apply(1) Covered facility: means permanent and temporary aggregate operations.(2) Fence-line monitoring system means equipment that measures and records air pollutant concentrations at or adjacent to a permanent and temporary aggregate operation that can provide continuous direct reading near real time ambient monitoring of PM10 concentrations.(3) Sensitive receptors means one or more of the following:(A) A residence, including, but not limited to, a private home, apartment condominium unit, group home, dormitory unit, or retirement home.(B) A school, including, but not limited to, a preschool, prekindergarten, or school maintaining kindergarten or any grades 1 to 12, inclusive.(C) A daycare facility, including, but not limited to, in-home daycare.(D) Publicly owned parks, playgrounds, and recreational areas or facilities primarily used by children.(E) Nursing homes, long-term care facilities, hospices, convalescent facilities, or similar live-in housing.(F) A hospital, as defined in Section 128700.(b) Notwithstanding any other law, the south coast district board shall update Rule 1157 PM10 Emission Reductions from Aggregate and Related Operations to improve air quality and increase data collection. The updated rule shall include, but not limited to, the following:(1) (A) On or before January 1, 2027, the owner or operator of a covered facility shall do the following:(i) Maintain fencing around the entire property fenceline that is at least 6 inches taller than the height of the tallest open storage pile. (ii) Maintain open storage piles no taller than 8 feet high throughout the entire property if the property line of the covered facility is within 500 feet of a sensitive receptor.(iii) Develop, install, operate, and maintain a fence-line monitoring system in accordance with guidance developed by the south coast district.(iv) Cease all activities and implement dust mitigation measures if PM10 emissions reach the threshold limit in accordance with guidance developed by the south coast district.(B) If the threshold limit has been met or exceeded for PM10 emissions, the owner or operator of a covered facility shall inform the south coast district in accordance with guidance developed by the south coast district.(C) If the threshold limit has been met or exceeded for PM10 emissions, the owner or operator of a covered facility shall provide public notice in accordance with guidance developed by the south coast district.(2) On and after July 1, 2027, the following shall apply to a covered facility with a demonstrated history of PM10 emissions at or above the threshold limit set by the south coast district and whose property line is within 500 feet of a sensitive receptor:(A) The owner or operator of the covered facility shall fully enclose the existing open storage piles.(B) The south coast district shall inspect the covered facility monthly until PM10 emissions remain below threshold limits for three consecutive months. |
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| 64 | 64 | | 40458.7. (a) For the purposes of this section, the following definitions apply |
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| 65 | 65 | | |
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| 66 | 66 | | (1) Covered facility: means permanent and temporary aggregate operations. |
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| 67 | 67 | | |
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| 68 | 68 | | (2) Fence-line monitoring system means equipment that measures and records air pollutant concentrations at or adjacent to a permanent and temporary aggregate operation that can provide continuous direct reading near real time ambient monitoring of PM10 concentrations. |
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| 69 | 69 | | |
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| 70 | 70 | | (3) Sensitive receptors means one or more of the following: |
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| 71 | 71 | | |
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| 72 | 72 | | (A) A residence, including, but not limited to, a private home, apartment condominium unit, group home, dormitory unit, or retirement home. |
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| 73 | 73 | | |
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| 74 | 74 | | (B) A school, including, but not limited to, a preschool, prekindergarten, or school maintaining kindergarten or any grades 1 to 12, inclusive. |
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| 75 | 75 | | |
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| 76 | 76 | | (C) A daycare facility, including, but not limited to, in-home daycare. |
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| 77 | 77 | | |
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| 78 | 78 | | (D) Publicly owned parks, playgrounds, and recreational areas or facilities primarily used by children. |
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| 79 | 79 | | |
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| 80 | 80 | | (E) Nursing homes, long-term care facilities, hospices, convalescent facilities, or similar live-in housing. |
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| 81 | 81 | | |
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| 82 | 82 | | (F) A hospital, as defined in Section 128700. |
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| 83 | 83 | | |
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| 84 | 84 | | (b) Notwithstanding any other law, the south coast district board shall update Rule 1157 PM10 Emission Reductions from Aggregate and Related Operations to improve air quality and increase data collection. The updated rule shall include, but not limited to, the following: |
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| 85 | 85 | | |
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| 86 | 86 | | (1) (A) On or before January 1, 2027, the owner or operator of a covered facility shall do the following: |
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| 87 | 87 | | |
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| 88 | 88 | | (i) Maintain fencing around the entire property fenceline that is at least 6 inches taller than the height of the tallest open storage pile. |
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| 89 | 89 | | |
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| 90 | 90 | | (ii) Maintain open storage piles no taller than 8 feet high throughout the entire property if the property line of the covered facility is within 500 feet of a sensitive receptor. |
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| 91 | 91 | | |
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| 92 | 92 | | (iii) Develop, install, operate, and maintain a fence-line monitoring system in accordance with guidance developed by the south coast district. |
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| 93 | 93 | | |
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| 94 | 94 | | (iv) Cease all activities and implement dust mitigation measures if PM10 emissions reach the threshold limit in accordance with guidance developed by the south coast district. |
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| 95 | 95 | | |
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| 96 | 96 | | (B) If the threshold limit has been met or exceeded for PM10 emissions, the owner or operator of a covered facility shall inform the south coast district in accordance with guidance developed by the south coast district. |
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| 97 | 97 | | |
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| 98 | 98 | | (C) If the threshold limit has been met or exceeded for PM10 emissions, the owner or operator of a covered facility shall provide public notice in accordance with guidance developed by the south coast district. |
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| 99 | 99 | | |
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| 100 | 100 | | (2) On and after July 1, 2027, the following shall apply to a covered facility with a demonstrated history of PM10 emissions at or above the threshold limit set by the south coast district and whose property line is within 500 feet of a sensitive receptor: |
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| 101 | 101 | | |
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| 102 | 102 | | (A) The owner or operator of the covered facility shall fully enclose the existing open storage piles. |
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| 103 | 103 | | |
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| 104 | 104 | | (B) The south coast district shall inspect the covered facility monthly until PM10 emissions remain below threshold limits for three consecutive months. |
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| 105 | 105 | | |
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| 106 | 106 | | SEC. 2. 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.However, if the Commission on State Mandates determines that this act contains other 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. |
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| 107 | 107 | | |
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| 108 | 108 | | SEC. 2. 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.However, if the Commission on State Mandates determines that this act contains other 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. |
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| 109 | 109 | | |
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| 110 | 110 | | SEC. 2. 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. |
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| 111 | 111 | | |
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| 112 | 112 | | ### SEC. 2. |
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| 113 | 113 | | |
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| 114 | 114 | | However, if the Commission on State Mandates determines that this act contains other 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. |
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