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AB-483 Airports: pollution.(2017-2018)

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Date Published: 04/18/2017 09:00 PM
AB483:v96#DOCUMENT

Amended  IN  Assembly  April 18, 2017
Amended  IN  Assembly  March 28, 2017
Amended  IN  Assembly  February 28, 2017

CALIFORNIA LEGISLATURE— 2017–2018 REGULAR SESSION

Assembly Bill No. 483


Introduced by Assembly Member Bocanegra

February 13, 2017


An act to add Article 11.3 (commencing with Section 25230) to Chapter 6.5 of Division 20 of, and to add Chapter 10 (commencing with Section 39950) to Part 2 of Division 26 of, the Health and Safety Code, relating to airports.


LEGISLATIVE COUNSEL'S DIGEST


AB 483, as amended, Bocanegra. Airports: pollution.
Under existing law, the Department of Toxic Substances Control generally regulates, among other things, the management and handling of hazardous waste and hazardous materials. Existing law requires a facility handling hazardous waste to obtain a hazardous waste facilities permit from the department and authorizes the department to enforce the requirements of the hazardous waste control laws through various means, including conducting inspections, issuing orders requiring that violations be corrected, and imposing administrative penalties, as specified.
Existing law imposes various limitations on the emissions of air contaminants for the control of air pollution from vehicular and nonvehicular sources. Existing law generally designates the State Air Resources Board as the state agency with the primary responsibility for the control of vehicular air pollution, and air pollution control and air quality management districts with the primary responsibility for the control of air pollution from all sources other than vehicular sources.
This bill would require the department and the state board to conduct or require to be conducted specified tests of the soil and air quality at airports, as defined. general aviation noncommercial airports that meet specified criteria. The bill would require the state board to coordinate the air quality testing with air districts. The bill would require the department, no later than July 1, 2019, to submit a specified report to the Legislature and post that report on its Internet Web site. The bill would require the state board and the appropriate air district to compile and post a specified annual report on their Internet Web sites. By adding to the duties of air districts, this 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 no reimbursement is required by this act for a specified reason.
Vote: MAJORITY   Appropriation: NO   Fiscal Committee: YES   Local Program: YES  

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


SECTION 1.

 Article 11.3 (commencing with Section 25230) is added to Chapter 6.5 of Division 20 of the Health and Safety Code, to read:
Article  11.3. Airports

25230.
 For purposes of this article, “airport” means a general aviation noncommercial airport built prior to 1960 that is located in an urban area and is in or adjacent to a zone determined to be above the 81st percentile in the most recent version of the California Communities Environmental Health Screening Tool, completed pursuant to Section 39711. that meets all of the following criteria:
(a) Located entirely within a disadvantaged community as identified by the California Environmental Protection Agency pursuant to Section 39711.
(b) Located entirely within the boundaries of an incorporated city with a population greater than 200,000 people.
(c) First certified for operation by the Federal Aviation Administration before the year 1960.
(d) Not designated by the United States Army Corps of Engineers as a formerly used defense site.

25232.
 (a) The department shall conduct soil sample testing at airports to determine if there is a presence of hazardous waste. The testing shall meet one of the following:
(1) The most recent requirements adopted by the American Society for Testing Materials for Standard Practice for Environmental Site Assessment: Phase I Environmental Site Assessment Process.
(2) The requirements of Part 312 (commencing with Section 312.1) of Title 40 of the Code of Federal Regulations.
(b) The department may coordinate with the State Water Resources Control Board and any local agency to determine if, based on the soil sample testing conducted pursuant to this section, an airport poses a threat to a groundwater basin.
(c) (1) No later than July 1, 2019, the department, with the findings and determinations resulting from the soil sample testing conducted pursuant to subdivision (a), shall do both of the following:
(A) Report to the Legislature on its findings and determinations.
(B) Post the report to the Legislature on the department’s Internet Web site.
(2) A report to be submitted pursuant to this subdivision shall be submitted in compliance with Section 9795 of the Government Code.

SEC. 2.

 Chapter 10 (commencing with Section 39950) is added to Part 2 of Division 26 of the Health and Safety Code, to read:
CHAPTER  10. Airports

39950.
 For purposes of this chapter, “airport” means a general aviation noncommercial airport built prior to 1960 that is located in an urban area and is in or adjacent to a zone determined to be above the 81st percentile in the most recent version of the California Communities Environmental Health Screening Tool, completed pursuant to Section 39711. that meets all of the following criteria:
(a) Located entirely within a disadvantaged community as identified by the California Environmental Protection Agency pursuant to Section 39711.
(b) Located entirely within the boundaries of an incorporated city with a population greater than 200,000 people.
(c) First certified for operation by the Federal Aviation Administration before the year 1960.
(d) Not designated by the United States Army Corps of Engineers as a formerly used defense site.

39952.
 (a) The state board, in coordination with districts, shall require airports to test the air quality at the airport to determine the airport’s impact on localized air pollution and the climate policy targets set forth in the California Global Warming Solutions Act of 2006 (Division 25.5 (commencing with Section 38500)). The testing shall include, but need not be limited to, all of the following air contaminants:
(1) Greenhouse gases, as defined in Section 38505.
(2) Hydrofluorocarbons.
(3) Black carbon.
(4) Particulate matter.
(5) Toxic air contaminants.
(6) Criteria air pollutants.
(b) (1) For the testing required pursuant to subdivision (a), an airport may utilize existing air quality testing equipment.
(2) If an airport does not have existing appropriate air quality testing equipment, the airport, in coordination with the state board and the appropriate district, shall submit a plan to the state board and the appropriate district describing how the airport will procure air quality testing equipment or repurpose existing air quality testing equipment to comply with this section.
(c) An airport shall collect the data required pursuant to subdivision (a) in real time and shall submit that data on a quarterly basis to the state board and appropriate district.
(d) No later than January 1, 2019, and annually thereafter, the state board and districts shall compile the data submitted pursuant to subdivision (c) in a report that is written in plain English and includes the public health impacts of the air pollutants. The report shall be posted on the Internet Web sites of the state board and the appropriate district.

SEC. 3.

 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.