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AB-2737 Community emissions reduction programs.(2019-2020)

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Date Published: 02/20/2020 09:00 PM
AB2737:v99#DOCUMENT


CALIFORNIA LEGISLATURE— 2019–2020 REGULAR SESSION

Assembly Bill
No. 2737


Introduced by Assembly Member Cristina Garcia

February 20, 2020


An act to add Sections 42317 and 44391.6 to the Health and Safety Code, relating to air pollution.


LEGISLATIVE COUNSEL'S DIGEST


AB 2737, as introduced, Cristina Garcia. Community emissions reduction programs.
The California Global Warming Solutions Act of 2006 establishes the State Air Resources Board as the state agency responsible for monitoring and regulating sources emitting greenhouse gases. That act requires the state board to approve a statewide greenhouse gas emissions limit equivalent to the statewide greenhouse gas emissions level in 1990 to be achieved by 2020 and to ensure that statewide greenhouse gas emissions are reduced to at least 40% below the 1990 level by 2030.
Existing law requires the state board, by October 1, 2018, to prepare and update, at least once every 5 years, a statewide strategy to reduce emissions of toxic air contaminants and criteria air pollutants in communities affected by a high cumulative exposure burden. Existing law requires the state board to select locations around the state for the preparation of community emissions reduction programs, and to provide grants to community-based organizations for technical assistance and to support community participation in the programs. Existing law requires an air quality management district or air pollution control district containing a selected location, within one year of the state board’s selection, to adopt a community emissions reduction program.
This bill would prohibit a district that contains a selected location from authorizing a new major source, or revisions to an existing source, that increases toxic air contaminants and criteria air pollutants above the levels included in the community emissions reduction plan for that location without requiring the major source to mitigate the increased emissions directly in the affected communities. The bill would require the district to annually develop a localized land use assessment plan that considers the impacts of land use decisions on the community emissions reduction programs.
The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.
This bill would provide that, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above.
Vote: MAJORITY   Appropriation: NO   Fiscal Committee: YES   Local Program: YES  

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


SECTION 1.

 Section 42317 is added to the Health and Safety Code, to read:

42317.
 A district encompassing a location selected pursuant to subdivision (c) of Section 44391.2 shall not do either of the following:
(a) Authorize a new major source that increases toxic air contaminants and criteria air pollutants above the levels included in the community emissions reduction plan for that location without requiring the major source to mitigate the increased emissions directly in the affected communities.
(b) Authorize revisions to an existing major source that increases toxic air contaminants and criteria air pollutants above the levels included in the community emissions reduction plan for that location without requiring the major source to mitigate the increased emissions directly in the affected communities.

SEC. 2.

 Section 44391.6 is added to the Health and Safety Code, to read:

44391.6.
 (a) A district encompassing a location selected pursuant to subdivision (c) of Section 44391.2, jointly with the local governments with jurisdiction over that location, shall, in consultation with the state board, individuals, community-based organizations, and affected sources, annually develop a localized land use assessment plan that considers the impacts of land use decisions on the community emissions reduction programs developed pursuant to Section 44391.2.
(b) The plan shall be included in the report prepared pursuant to paragraph (7) of subdivision (c) of Section 44391.2.

SEC. 3.

 If the Commission on State Mandates determines that this act contains costs mandated by the state, reimbursement to local agencies and school districts for those costs shall be made pursuant to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of the Government Code.