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HomeMy WebLinkAboutAgenda Report - September 21, 2022 C-21CITY OF AGENDA ITEM (!W / CALIFORNIA COUNCIL COMMUNICATION AGENDA TITLE: Receive Report Regarding Communication Pertaining to Assembly Bill 2550 (Arambula): State Air Resources Board: Ambient Air Quality Standards: Nonattainment Districts MEETING DATE: September 21, 2022 PREPARED BY: City Clerk RECOMMENDED ACTION: Receive report regarding communication pertaining to Assembly Bill (AB) 2550 (Arambula): State Air Resources Board: Ambient Air Quality Standards: Nonattainment Districts. BACKGROUND INFORMATION: The City received a request for communication from the League of California Cities regarding AB 2550 (Arambula): State Air Resources Board: Ambient Air Quality Standards: Nonattainment Districts. There was an immediate need to send the letter, as it had been passed by the Assembly and the Senate and is with the Governor's Office for final signature. Assembly Bill 2850 would remove local control and responsibility to regulate stationary resources of air pollution and traisfer this responsibility to the California Air Resources Board (CARB). California cities currently collaborate with CARB to develop air quality plans, which are subject to extensive review at the local, state and federal review. AB 2550 will not provide any additional air quality benefit; it does not provide any additional tools to address mobile sources emissions, which is the largest contributor to the State's air quality challenge. The attached letter, signed by the Mayor, was sent to Governor Newsom's Office on September 8, 2022. Assembly Bill 2E50 is attached for reference. FISCAL IMPACT: Not applicable, FUNDING AVAILABLE: Not applicable. n Olivia Nashed City Clerk APPROVED: Steve Schwabauer Stephen Schwabauer, City Manager CITY COUNCIL MARK CHANDLER, Mayor MIKEY HOTHI, Mayor Pro Ten -pore SHAK KHAN DOUG KUEHNE ALAN NAKANISHI September 1, 2022 CITY OF LODI CITY HALL, 221 WEST PINE STREET P.O. BOX 3006 LODI, CALIFORNIA 95241-1910 (209) 333-6702 / FAX (209) 333-6807 www.lodi.aov citvclerk0lodi.gov The Honorable Gavin Newsom Governor, State of California 1021 O Street, Suite 9000 Sacramento, CA 95814 Re: AB 2550 (Arambula): San Joaquin Valley Air Pollution Control District. Recommended Veto. Dear Governor Newsom, The City of Lodi respectfully requests your veto of AB 2550 (Arambula). STEPHEN SCHWABAUER City Manager OLIVIA NASHED City Clerk JANICE D. MAGDICH City Attorney The City of Lodi writes to respectfully request your veto of AB 2550 (Arambula). AB 2550 removes local control and responsibility to regulate stationary sources of air pollution and transfers this responsibility to the California Air Resources Board (GARB), even though CARB already has the authority to oversee local air quality management activities. Californ a is a geographically and economically diverse state and removing local control would oostruct efforts to tailor air pollution control to unique regional and local needs. As the San Joaquin Valley Air Pollution Control District (District) stated in their letter dated April 18, 2022, "the San Joaquin Valley faces one of the most significant air quality challenges in the country due to its unique topography, climate, geography, and the presence of two major transportation corridors, creating a significant public health challence for Valley residents." While the District faces many challenges, it currently works dosely with CARB and the changes proposed by AB 2550 will not improve this relationship nor expedite the achievement of clean air for Valley residents. Air districts have the expertise and primary regulatory authority to regulate stationary sources of emissions, but they do not develop these plans unchecked. Current law requires air quality plans to be developed jointly between CARB and local air districts and are subject to extensive public review at both the state and local levels. The plans must take into account public comment before being submitted to the United States Environmental Protection Agency which conducts its own public review. These local, state, and federal partners have worked together. For the -oregoing reasons, the City of Lodi respectfully requests your veto of AB 2550. Sincerely, -li-'(aA� Mark Chandler Mayor City of Lodi Assembly Bill No. 2550 Passed the Assembly August 25, 2022 Chief Clerk of the Assembly Passed the Senate August 25, 2022 Secretary of the Senate This bill was received by the Governor this day of , 2022, at o'clock M. Private Secretary of the Governor AB 2550 —2— CHAPTER 2— CHAPTER An act to add Section 41501 to the Health and Safety Code, relating to air pollution. LEGISLATIVE COUNSEL'S DIGEST AB 2550, Arambula. State Air Resources Board: San Joaquin Valley Air Pollution Control District: nonattainment. Existing law generally designates local air districts with primary responsibility for the control of air pollution from all sources other than vehicular sources. Existing law requires the State Air Resources Board to coordinate air pollution control activities throughout the state and to ensure that the entire state is, or will be, in compliance with state standards, to review a district's attainment plan, and any revised plan, to determine whether the plan will achieve and maintain the state's ambient air quality standards by the earliest practicable date, to review the rules, regulations, and programs submitted by an air district to determine whether they are sufficiently effective to achieve and maintain the state ambient air quality standards, and to review the enforcement practices of a district to determine whether reasonable action is being taken to enforce the district's programs, rules, and regulations. Existing law authorizes the state board, if, after a public hearing, it finds that a program or the rules and regulations of an air district will not likely achieve and maintain the state's ambient air quality standards, to establish a program, or portion thereof, or rules and regulations it deems necessary to enable the air district to achieve and maintain ambient air quality standards. This bill would require the state board, if the San Joaquin Valley Air Pollution Control District does not receive a determination of attainment from the United States Environmental Protection Agency for a national ambient air quality standard established by the agency pursuant to the federal Clean Air Act by the applicable attainment date for that standard, to undertake certain activities, including coordinating with the district and community-based organizations in the district and conducting outreach to under -resourced communities in the district to identify gaps in the state implementation plan and the district's attainment plan, rules, 93 — 3 — AB 2550 regulations, programs, and enforcement practices that impact the district's ability to attain and maintain that ambient air quality standard. This bill would require the state board to conduct at least one public hearing in the district regarding the district's attainment plan, and would require the state board to solicit public comment on specified topics, including the state board's review of the district's attainment plan, rules, regulations, programs, and enforcement practices, data regarding stationary sources in the district, including monitoring and enforcement of those sources, and the state board's plan to coordinate with the district to provide additional monitoring and enforcement capacity for stationary sources in the district. The bill would require the state board, after the final public hearing, to draft, and post on its internet website, a report that includes an outline of the program, or portion thereof, or rules or regulations that the state board deems necessary for the district to attain and maintain that national ambient air quality standard and a summary of, and response to, all public comments received by the state board. The bill would require the state board, after finalizing the report and based on the findings in the report, to develop the program, or portion thereof, or rules or regulations that the state board deems necessary for the district to attain and maintain that national ambient air quality standard. This bill would make legislative findings and declarations as to the necessity of a special statute for the San Joaquin Valley Air Pollution Control District. The people of the State of California do enact as follows: SECTION 1. The Legislature finds and declares all of the following: (a) The United States Environmental Protection Agency is responsible for establishing national ambient air quality standards for a number of pollutants, including ozone and particulate matter below 10 microns (PM 10) and below 2.5 microns (PM2.5) in size. (b) Poor air quality is intimately linked with negative health impacts, including respiratory illness and premature deaths, with recent studies estimating air pollution as the cause of over 100,000 premature deaths in the United States in 2011. 93 AB 2550 (c) The distribution of premature deaths is not equal. Low -socioeconomic status communities are at higher risk than higher -income communities. Additionally, Hispanic, Asian, and Black individuals experience higher risk of premature death than White individuals. (d) Specific to PM2.5, research has found that for elders enrolled in Medicare, it is estimated that reaching the World Health Organization's standards, which are only slightly more stringent than the most recent national standards, would prevent nearly 140,000 early deaths of elderly individuals over the next decade. For the San Joaquin Valley, data suggests that PM2.5 exposure is responsible for 1,200 cases of premature death in the valley each year. (e) However, the eight counties forming the San Joaquin Valley Air Pollution Control District continue to be in nonattainment of annual national PM2.5 air standards set in 1997, let alone more stringent national standards passed in 2006 and 2012. (f) The United States Environmental Protection Agency also establishes timelines for attainment of national ambient air quality standards, and the San Joaquin Valley has consistently exceeded deadlines since the initial deadline for 1997 standards. (g) In November 2021, a lawsuit was filed against the United States Environmental Protection Agency claiming prolonged inaction by the agency to address continued nonattainment of national ambient air quality standards in the San Joaquin Valley. (h) If the United States Environmental Protection Agency imposes sanctions on the state as a result of litigation regarding nonattainment areas in the state, the agency may prohibit approval of state highway construction projects not directly linked to improving public safety or emissions reductions. (i) Beyond the clear negative impacts to public health, continued nonattainment poses a risk to construction and economic growth in the San Joaquin Valley. To reduce the risk of premature deaths for hundreds of thousands of state residents and to remove the risk of federal sanctions, the state needs to enact legislation to ensure consistent progress and rapid attainment of national ambient air quality standards in the state. SEC. 2. Section 41501 is added to the Health and Safety Code, to read: 93 — 5 — AB 2550 41501. (a) For purposes of this section, the following terms have the following meanings: (1) "Agency" means the United States Environmental Protection Agency. (2) "District" means the San Joaquin Valley Air Pollution Control District. (b) If the district does not receive a determination of attainment from the agency for a national ambient air quality standard established by the agency pursuant to the federal Clean Air Act (42 U.S.C. Sec. 7401 et seq.) by the applicable attainment date for that standard, the state board shall do all of the following: (1) Coordinate with the district and community-based organizations in the district, and conduct outreach to under -resourced communities, as defined in subdivision (g) of Section 71130 of the Public Resources Code, in the district to identify gaps in the state implementation plan and the district's attainment plan, rules, regulations, programs, and enforcement practices that impact the district's ability to attain and maintain that national ambient air quality standard. (2) Coordinate with the district to provide additional monitoring and enforcement capacity for stationary sources in the district, including, but not limited to, independently inspecting, or accompanying the district on inspections of, the largest stationary sources in the district. (3) Conduct at least one public hearing in the district regarding the district's attainment plan submitted pursuant to Section 40911, and solicit public comment on all of the following: (A) The state board's review of the district's attainment plan, rules, regulations, programs, and enforcement practices. (B) Gaps in the state implementation plan and the district's attainment plan, rules, regulations, programs, and enforcement practices, either independently identified by the state board or identified pursuant to paragraph (1) that impact the district's ability to attain and maintain that national ambient air quality standard. (C) Data regarding stationary sources in the district, including monitoring and enforcement of those sources, and the state board's plan to coordinate with the district to provide additional monitoring and enforcement capacity pursuant to paragraph (2). (D) Any other data, analysis, evaluation, or information relevant to the district's ability to attain and maintain that national ambient 93 AB 2550 —6— air 6— air quality standard, including, but not limited to, the impact of nonattainment on public health in the district and in the state. (4) (A) After the final public hearing conducted pursuant to paragraph (3), draft, and post on its internet website, a report that includes both of the following: (i) An outline of the program, or portion thereof, or rules or regulations that the state board deems necessary for the district to attain and maintain that national ambient air quality standard. (ii) A summary of, and the state board's response to, all public comments received pursuant to paragraph (3). (B) The state board shall provide a copy of the final report to the district and to the relevant fiscal and policy committees of the Legislature. (C) After finalizing the report and based on the findings in the report, the state board shall develop the program, or portion thereof, or rules or regulations that the state board deems necessary for the district to attain and maintain that national ambient air quality standard. SEC. 3. The Legislature finds and declares that a special statute is necessary and that a general statute cannot be made applicable within the meaning of Section 16 of Article IV of the California Constitution because of the need to protect public health in the San Joaquin Valley Air Pollution Control District, including reducing the risk of premature deaths, due to air pollution in the district and the risk of federal sanctions from the United States Environmental Protection Agency regarding the district's failure to consistently meet established timelines for attainment of national ambient air quality standards. 93 Approved , 2022 Governor