SB 1075

SB1075:v93#DOCUMENT

Bill Start

CALIFORNIA LEGISLATURE— 2025–2026 REGULAR SESSION

Senate Bill

No. 1075

An act to amend Section 44391.2 of, and to add Sections 44391.8 and 44391.9 to, the Health and Safety Code, relating to air resources.

LEGISLATIVE COUNSEL'S DIGEST

SB 1075, as amended, Reyes. Air resources: toxic air contaminants: criteria air pollutants: community emissions reduction programs: local community emissions reduction plans.

Existing law requires the State Air Resources Board to prepare a statewide strategy to reduce emissions of toxic air contaminants and criteria air pollutants in communities affected by a high cumulative exposure burden that includes an assessment and identification of those communities. Existing law requires the statewide strategy to be updated at least once every 5 years. Existing law requires the state board, based on the assessment and identification, to select locations around the state for preparation of community emissions reduction programs. Existing law requires the assessment and identification to prioritize disadvantaged communities, as defined. Existing law requires the regional air quality management district or the regional air pollution control district encompassing the location selected by the state board, within one year of selection, to adopt a community emissions reduction program to achieve emissions reductions for the location selected using cost-effective measures, as provided. Existing law requires the state board to provide grants to community-based organizations for technical assistance and to support community participation in the implementation of the statewide strategy. Under this existing regulatory authority, the state board provides grants to development and implement local community emissions reduction plans.

This bill would revise the definition of “disadvantaged community” to include a disadvantaged unincorporated community. By expanding the definition of “disadvantaged community,” the bill would expand the duties of districts in the preparation of community emissions reduction programs, thereby imposing a state-mandated local program. The bill would require the local community emissions reduction plans to be submitted to the state board for review and approval and would authorize require the state board or the relevant air district to enforce those plans. plans, as provided. The bill would specify that a steering committee formed by an air district to assist it in the development and implementation of a community emissions reduction program remains active until the emissions objectives identified in the program are achieved as determined by the air district or more than 5 years have passed since the adoption of the community emissions reduction program and 23 a majority of the members of the committee vote to disband the committee. The bill would require members of the steering committee to meet certain requirements. The bill would specify eligible uses for the grants provided.

This bill would require the state board, on or before June 30, 2027, and annually thereafter, to report to the appropriate subcommittees of the budget committee of the Legislature about the progress the state board has made to implement the statewide strategy and the community emissions reduction programs. programs, as provided. The bill would require the Secretary for Environmental Protection to periodically convene representatives of agencies and departments within the California Environmental Protection Agency with jurisdiction over pollution sources included in a community emissions reduction program to ensure coordination among those agencies and departments with jurisdiction over pollution sources included in a community emissions reduction program to address concerns raised about those pollution sources.

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 Text

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

SECTION 1.

Section 44391.2 of the Health and Safety Code is amended to read:

44391.2.

(a) For purposes of this section, the following definitions apply:

(1) “Disadvantaged community” means a community identified as disadvantaged pursuant to Section 39711 or a disadvantaged unincorporated community as defined in Section 65302.10 of the Government Code.

(2) “Sensitive receptors” includes the same locations as specified in paragraph (5) of subdivision (a) of Section 42705.5.

(b) (1) On or before October 1, 2018, the state board shall prepare, in consultation with the Scientific Review Panel on Toxic Air Contaminants, the districts, the Office of Environmental Health Hazard Assessment, environmental justice organizations, affected industry, and other interested stakeholders, a statewide strategy to reduce emissions of toxic air contaminants and criteria air pollutants in communities affected by a high cumulative exposure burden. The board shall update the statewide strategy at least once every five years.

(2) In preparing the statewide strategy, the state board shall conduct at least one public workshop in each of the northern, central, and southern parts of the state. The statewide strategy shall include criteria for the development of community emissions reduction programs. The criteria presented in the statewide strategy shall include, but are not limited to, all of the following:

(A) An assessment and identification of communities with high cumulative exposure burdens for toxic air contaminants and criteria air pollutants. The assessment shall prioritize disadvantaged communities and sensitive receptor locations based on one or more of the following:

(i) Best available modeling information.

(ii) Existing air quality monitoring information.

(iii) Existing public health data based on consultation with the Office of Environmental Health Hazard Assessment.

(iv) The monitoring results obtained pursuant to Section 42705.5.

(B) A methodology for assessing and identifying the contributing sources or categories of sources, including, but not limited to, stationary and mobile sources, and an estimate of their relative contribution to elevated exposure to air pollution in impacted communities identified pursuant to subparagraph (A).

(C) An assessment of whether a district should update and implement the risk reduction audit and emissions reduction plan developed pursuant to Section 44391 for a facility to achieve emissions reductions commensurate with its relative contribution, if the facility’s emissions either cause or significantly contribute to a material impact on a sensitive receptor location or disadvantaged community, based on data available for assessment pursuant to subparagraph (A) or other relevant data.

(D) An assessment of the existing and available measures for reducing emissions from the contributing sources or categories of sources identified pursuant to subparagraph (B), including, but not limited to, best available control technology, as defined in Section 40405, best available retrofit control technology, as defined in Section 40406, and best available control technology for toxic air contaminants, as defined in Section 39666.

(c) (1) Based on the assessment and identification pursuant to subparagraph (A) of paragraph (1) (2) of subdivision (b) and updates to the assessment and identification, the state board shall select, concurrent with the statewide strategy, locations around the state for preparation of community emissions reduction programs. The state board shall select additional locations annually thereafter, as appropriate.

(2) (A) Within two years of the state board’s selection, the district encompassing a location selected pursuant to this subdivision shall adopt, in consultation with the state board, individuals, community-based organizations, affected sources, and local governmental bodies in the affected community, a community emissions reduction program to achieve emissions reductions for the location selected using cost-effective measures identified pursuant to subparagraph (D) of paragraph (1) (2) of subdivision (b).

(B) A district, with the agreement of the state board and a majority of the persons who are designated by the district to participate in the development and adoption of the community emissions reduction program, may take up to one additional year to adopt a community emissions reduction program pursuant to subparagraph (A).

(3) The community emissions reduction programs shall be consistent with the statewide strategy and include emissions reduction targets, specific reduction measures, a schedule for the implementation of measures, and an enforcement plan.

(4) Local community emissions reduction plans developed in accordance with the statewide strategy prepared pursuant to subdivision (b), also known as the “Community Air Protection Blueprint” or “Blueprint” pursuant to Section 44391.5, shall be consistent with the statewide strategy.

(5) The community emissions reduction programs and local community emissions reduction plans shall be submitted to the state board for review and approval within 60 days of the receipt of the program. Programs program or plan. Programs or plans that are rejected shall be resubmitted within 30 days. To the extent that a program, program or plan, in whole or in part, is not approvable, the state board shall initiate a public process to discuss options for achieving an approvable program. program or plan. Concurrent with the public process to achieve an approvable program, program or plan, the state board shall develop and implement the applicable mobile source elements in the draft program or plan to commence achievement of emissions reductions.

(6) The community emissions reduction programs or local community emissions reduction plans shall result in emissions reductions in the community, based on monitoring or other data.

(7) In implementing a community emissions reduction program, the district and the state board shall be responsible for measures consistent with their respective authorities.

(8) A district encompassing a location selected pursuant to this subdivision shall prepare an annual report summarizing the results and actions taken to further reduce emissions pursuant to the community emissions reduction program.

(9) (A) Compliance with a community emissions reduction program prepared pursuant to this section or a local community emissions reduction plan developed pursuant to a grant provided under subdivision (d), section, including its implementation, shall be enforceable by the district and state board, as applicable.

(B) Provisions of a local community emissions reduction plan adopted by a district shall be enforceable by the district.(C) Provisions of a local community emissions reduction plan approved by the state board shall be enforceable by the state board.

(10) (A) A steering committee formed by a district for a location selected for preparation of a community emissions reduction program pursuant to this subdivision or a location for which a local community emissions reduction plan is developed in accordance with the statewide strategy prepared pursuant to subdivision (b), also known as the “Community Air Protection Blueprint” or “Blueprint” pursuant to Section 44391.5, shall remain active until either of the following occurs:

(i) The emissions objectives identified in the program are achieved. achieved as determined by the district.

(ii) More than five years have passed since the adoption of the community emissions reduction program and two-thirds A majority of the members of the steering committee vote to disband the committee.

(B) The steering committee shall meet both of the following:

(i) All members of the steering committee live, work, or own businesses within the community reduction program area or local community emissions reduction plan area and a majority of the members are residents. For purposes of this clause, employment by a nonprofit organization that is engaged in the support of community members in a program area or employment by a for-profit company or organization that has workers or managers working at a facility located in a program area constitute working within the program area.

(ii) The steering committee uses an open and transparent nomination process to select members and the membership of the committee reflects the diverse makeup of the community in the program area.

(d) The state board shall provide grants to community-based organizations for technical assistance and to support community participation in the implementation of this section and Section 42705.5 to support the implementation of strategies that directly reduce emissions or exposure to air pollution in disadvantaged communities.

(e)The requirements of this section shall apply to all community emissions reduction programs or local community emissions reduction plans developed pursuant to a grant provided under subdivision (d), until attainment with the federal Clean Air Act (42 U.S.C. Sec. 7401 et seq.) is achieved.

(f)

(e) Eligible uses of grant funding provided pursuant to this section shall include, but not be limited to, any of the following:

(1) Community-led deployment of technologies, practices, or projects that result in measurable or meaningful reductions in emissions or exposure to air pollution.

(2) Local mitigation strategies that address emission sources identified in community emissions reduction programs or local community emissions reduction plans.

(3) Projects that improve air quality outcomes through neighborhood- or household-level interventions, as identified in collaboration with community residents and stakeholders.

(4) Other initiatives that align with the goals of this section and support the implementation of community emissions reduction programs and local community emissions reduction plans developed pursuant to this chapter.

(5) Community monitoring efforts.

SEC. 2.

Section 44391.8 is added to the Health and Safety Code, to read:

44391.8.

The Secretary for Environmental Protection shall periodically convene representatives of agencies and departments within the California Environmental Protection Agency with jurisdiction over pollution sources included in a community emissions reduction program to ensure that coordination among those agencies and departments with jurisdiction over pollution sources included in a community emissions reduction program to address concerns raised about those pollution sources.

SEC. 3.

Section 44391.9 is added to the Health and Safety Code, to read:

44391.9.

(a) On or before June 30, 2027, and annually thereafter, the state board shall report to the appropriate subcommittees of the budget committee of each house of the Legislature about the progress the state board has made in implementing Section 44391.2. The report shall include, but is not limited to, all of the following:

(1) The status of implementation of the community emissions reduction program in each selected community.

(2) Best practices.

(3) Lessons learned through the implementation of the community emissions reduction programs or local community emissions reduction plans.

(4) Activities taken to enforce the community emissions reduction programs and local community emissions reduction plans.

(5) Outcome data that is available, through air monitoring or other means, including, but not limited to, achieved emissions reductions.

(6) Expenditures made in furtherance of Section 44291.2.

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

SEC. 4.

No reimbursement is required by this act pursuant to Section 6 of Article XIII B 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.