Today's Law As Amended

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AB-1647 Petroleum refineries: air monitoring systems.(2017-2018)



SECTION 1.

 Section 42705.5 is added to the Health and Safety Code, to read:

42705.5.
 (a) For purposes of this section, the following definitions apply:
(1) “Community air monitoring system” means equipment that measures and records air pollutant concentrations in the ambient air at or near sensitive receptor locations near a petroleum refinery and that may be useful for estimating associated pollutant exposures and health risks and in determining trends in air pollutant levels over time.
(2) “Fence-line monitoring system” means equipment that measures and records air pollutant concentrations along the property boundary of a petroleum refinery and that may be useful for detecting or estimating the quantity of fugitive emissions, gas leaks, and other air emissions from the refinery.
(b) Notwithstanding Section 42708, and on or before January 1, 2020, a community air monitoring system shall be installed that is consistent with the requirements and guidance applicable to the siting of air quality monitors as established by the federal Environmental Protection Agency and that meets all of the following requirements:
(1) A district shall design, develop, install, operate, and maintain the community air monitoring system, which shall be operated and maintained in accordance with guidance from the appropriate district. A district may contract with a third party to implement this paragraph.
(2) The community air monitoring system shall include equipment capable of measuring compounds emitted to the atmosphere from refinery processes, as determined by the appropriate district.
(c) On or before January 1, 2020, the owner or operator of a petroleum refinery shall develop, install, operate, and maintain a fence-line monitoring system in accordance with guidance developed by the appropriate district.
(d) The district and the owner or operator of a petroleum refinery shall collect real-time data from the community air monitoring system and the fence-line monitoring system and shall maintain records of that data. To the extent feasible, the data generated by these systems shall be provided to the public as quickly as possible in a publicly accessible format.
(e) Guidance developed by a district pursuant to this section shall take into account technological capabilities and incorporate input from affected parties.
(f) (1) Except as provided in paragraph (2), the owner or operator of a petroleum refinery shall be responsible for the costs associated with implementing this section.
(2) To the extent a community air monitoring system is intentionally utilized by a district to monitor emissions from sources under its jurisdiction other than a petroleum refinery, the district shall ensure the costs of the system are shared in a reasonably equitable manner.
SEC. 2.
 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.