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AB-1299 Petroleum refineries: air monitoring systems.(2019-2020)

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Date Published: 09/10/2019 07:26 PM
AB1299:v96#DOCUMENT

Amended  IN  Senate  September 10, 2019
Amended  IN  Senate  July 02, 2019
Amended  IN  Assembly  March 21, 2019

CALIFORNIA LEGISLATURE— 2019–2020 REGULAR SESSION

Assembly Bill
No. 1299


Introduced by Assembly Member Flora Salas
(Principal coauthors: Senators Grove and Hurtado)

February 22, 2019


An act to add Section 8619.7 to the Government Code, relating to volunteer firefighters. An act to amend Section 42705.6 of the Health and Safety Code, relating to nonvehicular air pollution.


LEGISLATIVE COUNSEL'S DIGEST


AB 1299, as amended, Flora Salas. Mutual aid: reimbursements: volunteer firefighters. Petroleum refineries: air monitoring systems.
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 a refinery-related community air monitoring system, as defined, to be installed on or before January 1, 2020, as specified, and requires an air district to design, develop, install, operate, and maintain the refinery-related community air monitoring system or to contract with a 3rd party to provide those services. Existing law requires an owner or operator of a petroleum refinery to develop, install, operate, and maintain a fence-line monitoring system, as defined, on or before January 1, 2020, as specified.
This bill, for the above-stated purposes, would define petroleum refinery, as specified, and exclude certain small refineries.

(1)Existing law, the California Emergency Services Act, requires the Governor to coordinate the State Emergency Plan and any programs necessary for the mitigation of the effects of an emergency in this state, as specified. The act authorizes the Governor, with advice of the Office of Emergency Services, to divide the state into mutual aid regions for the more effective application, administration, and coordination of mutual aid and other emergency-related activities. The act requires the Office of Emergency Services, in consultation with relevant local and state agencies, to develop and adopt a state fire service and rescue emergency mutual aid plan as an annex to the State Emergency Plan.

This bill would require a nonprofit or public fire department that has volunteer firefighters and receives reimbursement from the federal, state, or local government through a mutual aid request, if the applicable fire agreement is intended to reimburse for personnel costs for work performed associated with firefighting in which the volunteer firefighters of the fire department have participated, to pass through to those volunteers specific reimbursement. The bill would require a fire department that utilizes the services of volunteer firefighters to maintain documentation of reimbursements and allow access to those records as prescribed. The bill would require fire departments, based on specified criteria, to cease using the services of any volunteer firefighter to provide mutual aid response pursuant to the fire agreement who has received pass-through reimbursements that exceed during the fiscal year 20% of either the salary of a full-time firefighter employed by that department, or in the case of an all-volunteer department, the cost of a full-time firefighter’s salary as determined by the Employment Development Department, and would prohibit such a volunteer from engaging in mutual aid response for the fire department until the following fiscal year. The bill would waive the 20% reimbursement threshold in the case of a proclamation of an emergency by the Governor. The bill would require fire departments that employ full-time firefighters to give priority to paid firefighters over volunteer firefighters in mutual aid assignments. The bill would authorize a volunteer to pursue reimbursement in a civil action if the fire department fails to reimburse the volunteer firefighter in accordance with the bill. By increasing the duties of local officials, 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, 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: YESNO  

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


SECTION 1.

 Section 42705.6 of the Health and Safety Code is amended to read:

42705.6.
 (a) For purposes of this section, the following definitions apply:
(1) “Refinery-related 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 at or adjacent to 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.
(3) “Petroleum refinery” has the same meaning as “refinery” in paragraph (31) of subdivision (a) of Section 2260 of Title 13 of the California Code of Regulations. “Petroleum refinery” does not include a refinery described in paragraph (32) of subdivision (a) of Section 2260 of Title 13 of the California Code of Regulations that is located within a community that has a population of less than 3,000 residents within one mile of the refinery.
(b) Notwithstanding Section 42708, and on or before January 1, 2020, a refinery-related community air monitoring system shall be installed near each refinery 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 refinery-related 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 refinery-related 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 refinery-related 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 and, to the extent feasible, shall be informed by refinery-related guidance in the monitoring plan prepared pursuant to subdivision (b) of Section 42705.5.
(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 refinery-related 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.

SECTION 1.Section 8619.7 is added to the Government Code, to read:
8619.7.

(a)(1)A nonprofit or public fire department that has volunteer firefighters and receives reimbursement from the federal, state, or local government through a mutual aid request, if the applicable fire agreement is intended to reimburse for personnel costs for work performed associated with firefighting in which the volunteer firefighters of the fire department have participated, shall pass through to those volunteers the reimbursement amount defined according to the fire agreement for the specific mutual aid request, excluding normal payroll-related costs for the fire department accompanying the firefighting response.

(2)Departments that utilize full-time firefighters shall give priority preference to full-time or paid firefighters over volunteer firefighters for mutual aid assignments.

(b)Reimbursement for a volunteer firefighter pursuant to subdivision (a) may be issued in monthly or annual nominal fees, benefits, expenses, or any combination thereof. If the fire department does not issue reimbursement in monthly or annual nominal fees, benefits, expenses, or any combination thereof, the fire department shall issue reimbursement to the volunteer firefighter not later than 45 days following the receipt of reimbursement funds by the fire department under the fire agreement.

(c)A fire department that utilizes the services of volunteer firefighters shall maintain documentation of reimbursements made to the volunteer firefighters for a period of not less than three years. A fire department subject to this subdivision shall afford a current or former volunteer firefighter the right to inspect or copy records pertaining to their service, upon reasonable request to that department.

(d)(1)A fire department that employs full-time firefighters shall cease using the services of any volunteer firefighter to provide mutual aid response pursuant to the fire agreement who has received pass-through reimbursements, as described in subdivision (a), that exceed during the fiscal year 20 percent of the salary of a similar rank of one of the full-time firefighter employees from the same department. A volunteer firefighter subject to this subdivision shall not engage in mutual aid response for the fire department until the following fiscal year.

(2)A fire department that employs volunteer firefighters exclusively, shall cease using the services of any volunteer firefighter to provide mutual aid response pursuant to the fire agreement who has received pass-through reimbursements, as described in subdivision (a), that exceed during the fiscal year 20 percent of a full-time firefighter’s salary as that salary is determined by the Employment Development Department.

(3)The requirements of this subdivision may be waived temporarily by the Governor through an executive order proclaiming an emergency.

(e)If a fire department fails to reimburse a volunteer firefighter as described in this section, the volunteer firefighter may pursue reimbursement in a civil action.

SEC. 2.

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.