AB 1216 California Assembly · 2023-2024 Regular Session

Wastewater treatment plants: monitoring of air pollutants.

Summary
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 authorizes the State Air Resources Board or the air district to adopt rules and regulations to require the owner or the operator of an air pollution emission source to take any action that the state board or the air district determines to be reasonable for the determination of the amount of air pollution emissions from that source. Existing law requires the air pollution control officer to inspect, as the officer determines necessary, the monitoring devices installed in every stationary source of air contaminants located within a jurisdiction that is required to have those devices to ensure that the devices are functioning properly. Existing law authorizes the district to require reasonable fees to be paid by the operator of that source to cover the expense of the inspection and other costs related thereto. A person who violates these requirements, or any rule, regulation, permit, or order of the state board or of a district adopted pursuant to these requirements is guilty of a misdemeanor and subject to a specified fine or imprisonment, or both a fine and imprisonment, as provided. This bill would require, on or before January 1, 2027, the owner or operator of a wastewater treatment facility that is located within 1,500 feet of a residential area and has an original design capacity of 425,000,000 gallons or more per day to develop, install, operate, and maintain a wastewater treatment-related fence-line monitoring system approved by the appropriate air quality management district. The bill would require the wastewater treatment-related fence-line monitoring system to include equipment capable of measuring pollutants of concern, as provided, emitted into the atmosphere that the appropriate air quality management district deems appropriate for monitoring. The bill would provide that it does not alter the responsibility of an owner or operator of a wastewater treatment facility to not exceed limits for nitrogen oxides and volatile organic compounds emitted into the atmosphere established in existing air quality regulations, as provided, and would require source testing for these pollutants to be conducted pursuant to a protocol approved by the appropriate air quality management district. This bill would require the owner or operator of a wastewater treatment facility to collect real-time data from the wastewater treatment-related fence-line monitoring system, to maintain records of that data for at least 3 years, and to transmit that data to the appropriate air quality management district. The bill would require the air quality management district to maintain records of data from a wastewater treatment-related fence-line monitoring system for at least 3 years. In addition, the bill would require, to the extent feasible, the data generated by these systems to be provided to the public in a publicly accessible format that provides a real-time data display. This bill also would require the owner or operator of a wastewater treatment facility to be responsible for specified costs related to the wastewater treatment-related fence-line monitoring system, including all costs incurred by the air quality management district related to the wastewater treatment-related fence-line monitoring system and source testing at the wastewater treatment facility, and the costs associated with providing the required data to the air quality management district and the public. By adding to the duties of air districts and by expanding the scope of crimes, 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 specified reasons.
Bill status signed all 5 stages cleared
Introduction
Feb 2023
Committee Review
Aug 2023
Assembly Passage
May 2023
Senate Passage
Sep 2023
Signed into Law
Oct 2023
Introduced Feb 16, 2023 Signed Oct 10, 2023
Floor votes · Senate Sep 6, 2023 · Assembly May 18, 2023

How they voted

31–9
Passed
Total votes 40
Sep 6, 2023
D Democratic31
31 Yea
100% Yea
R Republican9
9 Nay
100% Nay
Vote distribution
All Yea All Nay Mixed No data
Full legislative history

Actions timeline

Total actions
29
Key actions
11
Committee
11
Amendments
7
Oct 10, 2023
Signed into law
Approved by the Governor.
legislature
Sep 7, 2023
Lower · Passed
Senate amendments concurred in. To Engrossing and Enrolling. (Ayes 62. Noes 16. Page 3048.).
lower
Sep 6, 2023
Introduced
In Assembly. Concurrence in Senate amendments pending. May be considered on or after September 8 pursuant to Assembly Rule 77.
lower
Sep 6, 2023
Upper · Passed
Read third time. Passed. Ordered to the Assembly. (Ayes 31. Noes 9. Page 2430.).
upper
Aug 28, 2023
Upper · Passed
From committee: Be ordered to second reading pursuant to Senate Rule 28.8.
upper
Aug 17, 2023
Upper · Passed
In committee: Hearing postponed by committee.
upper
Aug 16, 2023
Introduced
From committee chair, with author's amendments: Amend, and re-refer to committee. Read second time, amended, and re-referred to Com. on APPR.
upper
Jun 26, 2023
Upper · Passed
In committee: Hearing postponed by committee.
upper
Jun 21, 2023
Upper · Passed
From committee: Do pass and re-refer to Com. on APPR. (Ayes 5. Noes 2.) (June 21). Re-referred to Com. on APPR.
upper
May 31, 2023
Committee
Referred to Com. on E.Q.
upper
May 18, 2023
Lower · Passed
Read third time. Passed. Ordered to the Senate. (Ayes 59. Noes 15. Page 1590.)
lower
May 10, 2023
Lower · Passed
From committee: Do pass. (Ayes 12. Noes 3.) (May 10).
lower
Apr 27, 2023
Committee
Re-referred to Com. on APPR.
lower
Apr 26, 2023
Lower · Passed
Read second time and amended.
lower
Apr 25, 2023
Introduced
From committee: Amend, and do pass as amended and re-refer to Com. on APPR. (Ayes 8. Noes 3.) (April 24).
lower
Apr 17, 2023
Committee
Re-referred to Com. on NAT. RES.
lower
Apr 13, 2023
Introduced
From committee chair, with author's amendments: Amend, and re-refer to Com. on NAT. RES. Read second time and amended.
lower
Mar 20, 2023
Committee
Re-referred to Com. on NAT. RES.
lower
Mar 16, 2023
Introduced
From committee chair, with author's amendments: Amend, and re-refer to Com. on NAT. RES. Read second time and amended.
lower
Mar 16, 2023
Committee
Referred to Com. on NAT. RES.
lower
Feb 17, 2023
Lower · Passed
From printer. May be heard in committee March 19.
lower
1 primary · 1 co-sponsor

Sponsors