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AB-1714 Emissions limitations: wine fermentation.(2019-2020)

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Date Published: 08/28/2019 09:00 PM
AB1714:v97#DOCUMENT

Amended  IN  Senate  August 28, 2019
Amended  IN  Assembly  April 03, 2019

CALIFORNIA LEGISLATURE— 2019–2020 REGULAR SESSION

Assembly Bill
No. 1714


Introduced by Assembly Member Blanca Rubio Aguiar-Curry
(Coauthor: Assembly Member Blanca Rubio)

February 22, 2019


An act to add Sections 13335.1 and 13335.3 to the Government Code, relating to state government. An act to add Article 8.5 (commencing with Section 41990) to Chapter 3 of Part 4 of Division 26 of the Health and Safety Code, relating to nonvehicular air pollution.


LEGISLATIVE COUNSEL'S DIGEST


AB 1714, as amended, Blanca Rubio Aguiar-Curry. State budget. Emissions limitations: wine fermentation.
(1) Existing law generally designates 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. Existing law requires each district to attain ambient air standards for specified air pollutants, including, among others, ozone.
This bill would require the State Air Resources Board to convene a working group with a specified membership for the purposes of reviewing the state of air pollution control technologies, operational or maintenance standards, and work practices that may be applied to wine fermentation tanks, and the costs and benefits of those technologies, standards, and practices. The bill also would require the state board to review options for the reduction of emissions from wine fermentation tanks that, to the maximum extent feasible, preserve and protect the quality, taste, and other unique attributes associated with wine while complying with air quality standards and objectives and would require the state board to provide air districts a summary of all cost-effective options to achieve the emissions reductions from wine fermentation tanks in addition to those options’ respective abilities to preserve and protect the quality, taste, and other unique attributes associated with wine.
This bill would require air districts, as specified, when an air district adopts a rule or issues a permit requiring air pollution control technology to be installed on wine fermentation tanks, to include as part of that action specified findings. By adding to the duties of air districts when adopting a rule on wine fermentation tanks, the bill would impose a state-mandated local program.
This bill would require the state board to allocate $1,000,000, available upon appropriation, to the University of California Davis School of Viticulture and Enology for a study that makes recommendations on options to address air emissions from wine fermentation tanks in a manner that is in full compliance with state and federal air quality laws, as specified. The bill would require the study to be prepared and submitted to the Governor and the Legislature, as specified.
(2) 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.

(1)Under existing law, a state agency for which an appropriation is made is generally required to submit to the Department of Finance for approval a complete and detailed budget setting forth all proposed expenditures and estimated revenues for the ensuing fiscal year.

The bill would require the budget of the State Department of Health Care Services submitted to the department, to utilize performance-based budgeting, as defined, for all programs administered by the State Department of Health Care Services, as specified.

(2)The California Constitution requires the Governor to submit annually to the Legislature a budget itemizing state expenditures and estimating state revenues and requires the Legislature to pass the Budget Bill by midnight on June 15.

This bill would require, for the budget submitted by the Governor to the Legislature for the 2020–21 fiscal year and each fiscal year thereafter, that the Department of Finance require the State Department of Health Care Services to use performance-based budgeting for the applicable fiscal year.

Vote: MAJORITY   Appropriation: NO   Fiscal Committee: YES   Local Program: NOYES  

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


SECTION 1.

 Article 8.5 (commencing with Section 41990) is added to Chapter 3 of Part 4 of Division 26 of the Health and Safety Code, to read:
Article  8.5. Wine Fermentation

41990.
 (a) The Legislature finds and declares all of the following:
(1) The wine industry in California is an important and iconic part of the agricultural industry in the state.
(2) The wine industry employs 325,000 state residents, generates $57.6 billion in annual economic activity in the state, pays $7.6 billion in state taxes, attracts 23.6 million tourist visits annually, and generates $7.2 billion in annual tourism expenditures.
(3) Clean air is vital to our communities and to the state as a whole.
(b) It is the intent of the Legislature that the purpose of this article is to ensure there is a full, open, thorough, and public process for emissions limitations on wine facilities that is consistent with state and federal clean air laws while ensuring districts take into account considerations unique to the wine industry in the state.

41991.
 The state board shall do all of the following:
(a) Convene a working group, for the purposes of reviewing the state of air pollution control technologies, operational or maintenance standards, and work practices that may be applied to wine fermentation tanks, and the costs and benefits of those technologies, standards, and practices, with a membership that consists of all of the following:
(1) Members of the public.
(2) Experts from the wine industry.
(3) Public health and environmental experts.
(4) One or more districts in which wineries are located in the state.
(b) Review options for the reduction of emissions from wine fermentation tanks that, to the maximum extent feasible, preserve and protect the quality, taste, and other unique attributes associated with wine while complying with air quality standards and objectives.
(c) Provide districts a summary of all cost-effective options to achieve the emissions reductions from wine fermentation tanks in addition to those options’ respective abilities to preserve and protect the quality, taste, and other unique attributes associated with wine.

41992.
 Consistent with federal law, when a district adopts a rule or issues a permit requiring air pollution control technology to be installed on wine fermentation tanks, the district shall include as part of that action all of the following:
(a) Either of the following:
(1) A finding that the results of the study described in Section 41993 demonstrate that the air pollution control technology will not affect the quality, sanitation, style, or marketability of the wine expected to be fermented in the tank.
(2) A finding, if the study described in Section 41993 has not been completed, that the air pollution control technology is not expected to affect the quality, sanitation, style, or marketability of the wine expected to be fermented in the tank based on the best judgment of the district in consultation with the working group established pursuant to subdivision (a) of Section 41991.
(b) A finding that disposal is readily available and cost effective for the sludges, condensates, discharges, or other wastes produced by the air pollution control technology.
(c) A finding that operational or maintenance standards or work practices will not achieve emission reductions equivalent to the net reductions expected from installation of the air pollution control technology.
(d) A finding that the installation of the air pollution control technology is required by federal law.

41993.
 (a) (1) The state board shall allocate one million dollars ($1,000,000), available upon appropriation by the Legislature, to the University of California Davis School of Viticulture and Enology for a study that makes recommendations on options to address air emissions from wine fermentation tanks in a manner that is in full compliance with state and federal air quality laws. The study shall be prepared and submitted to the Governor and the Legislature.
(2) No later than January 1, 2021, a report shall be submitted to the Governor and Legislature describing the status of the study and future steps required, if any.
(b) The study shall be performed in consultation and cooperation with the state board, districts, and experts from the wine industry.
(c) The study shall review all of the following:
(1) The effects of air pollution control technology on wine fermentation tanks that contain multiple vintages and multiple varietals, on aging, on consumer and market preference changes, and on varying tank designs.
(2) A representative sample of wine types, wine styles, and anticipated wine styles that may be driven by consumers.
(3) Tank size variability and impact.
(4) The potential contamination risks of ducted versus unducted air pollution control technology.
(5) Impacts, if any, on wine flavor, quality, and marketability.
(6) Potential alternatives to air pollution control technology that achieve the equivalent or greater in emissions reductions.
(7) Options for the disposal of captured ethanol.
(8) Effects of related laws, such as the federal FDA Food Safety Modernization Act (Public Law 111-353).
(9) Effects on worker safety and associated wine equipment.
(d) The study shall be made available for public comment prior to being submitted to the Governor and Legislature pursuant to subdivision (a).
(e) A report to be submitted pursuant to this section shall be submitted in compliance with Section 9795 of the Government Code.

41994.
 This article does not apply to a district that had a rule in effect as of January 1, 2020, that imposes an emissions limit on wine fermentation tanks.

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.
SECTION 1.Section 13335.1 is added to the Government Code, to read:
13335.1.

(a)As used in this article, “performance-based budgeting” means a system of budgeting that uses information on performance to inform resource allocation decisions, thereby establishing clear accountability.

(b)The purpose of performance-based budgeting is to inform policy, fiscal, and oversight decisions by the Governor and Members of the Legislature; to focus managers, supervisors, and rank-and-file workers on achieving desired goals; and to communicate to the public the value of public programs, progress toward desired results, and the choices available to improve the expenditure of public funds.

(c)The State Department of Health Care Services shall submit to the department for approval a complete and detailed budget at the time and in the form prescribed by the plan developed by the department pursuant to Section 13335.3 that sets forth all proposed expenditures and estimated revenues for the ensuing fiscal year.

(d)A budget submitted to the department pursuant to subdivision (c) shall use performance-based budgeting to make clear to policymakers and the public the value and results of existing operations and proposed changes.

(e)A budget using performance-based budgeting shall identify and update all of the following:

(1)The mission and goals of the State Department of Health Care Services.

(2)The activities and programs focused on achieving those goals.

(3)Performance metrics that reflect desired outcomes for existing and proposed activities and a targeted performance level for the following year.

(4)Prior year performance data and an explanation of deviation from previous year targets.

(5)Proposed changes in statute, including the creation of incentives or elimination of disincentives that could improve outcomes or hold down costs.

(6)A description of the impacts and consequences to parties affected by a program proposed for modification or elimination.

SEC. 2.Section 13335.3 is added to the Government Code, to read:
13335.3.

(a)Beginning with the budget submitted by the Governor to the Legislature pursuant to Section 12 of Article IV of the California Constitution for the 2020–21 fiscal year, the department shall require the State Department of Health Care Services to use performance-based budgeting for the applicable fiscal year.

(b)The Legislative Analyst’s Office shall review the adequacy of performance metrics and progress toward targeted outcomes with regard to programs administered by the State Department of Health Care Services in preparing its review of the Governor’s budget proposal.