Air pollution: covered facilities: community air monitoring systems: fence-line monitoring systems.
Summary
Existing law requires a refinery-related community air monitoring system to be installed near each petroleum refinery that meets certain requirements. Existing law requires the owner or operator of a petroleum refinery to develop, install, operate, and maintain a fence-line monitoring system in accordance with guidance developed by the appropriate air quality management district or air pollution control district. Existing law requires the air districts and the owners or operators of refineries to collect real-time data from those monitoring systems, maintain records of that data, and, to the extent feasible, provide to the public the data in a publicly accessible format. This bill would expand the application of these provisions to any "covered facility," defined to include refineries that produce gasoline, diesel fuel, aviation fuel, biofuel, lubricating oil, asphalt, petrochemical feedstock, or other similar products, and to include facilities with operations related to a refinery that are located on contiguous or adjacent properties. The bill would require the refinery-related community air monitoring system and the fence-line monitoring system to be updated or installed on or before January 1, 2028, after a 30-day public comment period, as specified. The bill would require the appropriate air district to establish pollutants for the monitoring systems to monitor and would include certain pollutants identified by the Office of Environmental Health Hazard Assessment. The bill would authorize the air district to exclude a pollutant for monitoring at those monitoring systems, as provided. The bill would require air districts, on a 5-year basis, to review the list of pollutants being measured and would authorize the air districts to revise the list, as provided. The bill would require the air districts and the owners and operators of covered facilities to maintain records of the data collected from those systems for at least 5 years and would require the owners and operators to post online, and to notify the public of the availability of, quarterly reports containing certain information. The bill would require owners and operators of covered facilities to notify the air district and the public, as provided, as quickly as possible of any exceedances of specified pollutant thresholds. The bill would require the owners or operators of covered facilities, within 24 hours of a fence-line monitoring system detecting an exceedance of those thresholds, to initiate a root cause analysis and to determine appropriate corrective action, as provided. The bill would require the owners or operators of covered facilities to conduct third-party audits of its fence-line monitoring system, as provided, to ensure the accuracy of the system. Because the bill would impose additional duties on air districts, the bill would impose a state-mandated local program. Under existing law, a violation of requirements for stationary sources or any rule, regulation, permit, or order of the state board or of an air district is a crime. Because this bill would impose the monitoring systems requirement on owners or operators of covered facilities engaging in other types of refining processes and would impose additional requirements on owners and operators of covered facilities, a violation of which would be a crime, the 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
vetoed
4 of 5 stages cleared
Introduction
Feb 2023
Committee Review
Aug 2023
Senate Passage
May 2023
Assembly Passage
Jul 2024
Vetoed
Aug 2024
Introduced Feb 16, 2023
Vetoed Aug 19, 2024
Floor votes · Senate May 22, 2023 · Assembly Jul 1, 2024
How they voted
31–6
Passed · 3 other
Total votes 40
May 22, 2023
D
Democratic31
96% Yea
R
Republican9
66% Nay
Vote distribution
All Yea
All Nay
Mixed
No data
Full legislative history
Actions timeline
Total actions
35
Key actions
15
Committee
6
Amendments
10
Aug 19, 2024
Vetoed
In Senate. Consideration of Governor's veto pending.
upper
Aug 19, 2024
Vetoed
Vetoed by the Governor.
upper
Aug 8, 2024
Upper · Passed
Assembly amendments concurred in. (Ayes 28. Noes 8. Page 5015.) Ordered to engrossing and enrolling.
upper
Jul 1, 2024
Introduced
In Senate. Concurrence in Assembly amendments pending.
upper
Jul 1, 2024
Lower · Passed
Read third time. Passed. (Ayes 47. Noes 15. Page 6120.) Ordered to the Senate.
lower
Jun 27, 2024
Lower · Passed
Read third time and amended.
lower
Sep 1, 2023
Lower · Passed
Read third time and amended.
lower
Aug 23, 2023
Lower · Passed
From committee: Do pass. (Ayes 11. Noes 4.) (August 23).
lower
Jul 12, 2023
Lower · Passed
Read second time and amended. Re-referred to Com. on APPR.
lower
Jul 11, 2023
Lower · Passed
From committee: Do pass as amended and re-refer to Com. on APPR. (Ayes 8. Noes 3.) (July 11).
lower
Jun 27, 2023
Lower · Passed
From committee: Do pass and re-refer to Com. on JUD. (Ayes 7. Noes 2.) (June 26). Re-referred to Com. on JUD.
lower
Jun 19, 2023
Lower · Passed
From committee with author's amendments. Read second time and amended. Re-referred to Com. on NAT. RES.
lower
May 26, 2023
Committee
Referred to Coms. on NAT. RES. and JUD.
lower
May 22, 2023
Upper · Passed
Read third time. Passed. (Ayes 31. Noes 6. Page 1213.) Ordered to the Assembly.
upper
May 8, 2023
Upper · Passed
From committee: Be ordered to second reading pursuant to Senate Rule 28.8.
upper
Apr 19, 2023
Upper · Passed
From committee: Do pass and re-refer to Com. on APPR. (Ayes 10. Noes 1. Page 800.) (April 18). Re-referred to Com. on APPR.
upper
Apr 10, 2023
Upper · Passed
From committee with author's amendments. Read second time and amended. Re-referred to Com. on JUD.
upper
Apr 10, 2023
Upper · Passed
Read second time and amended. Re-referred to Com. on JUD.
upper
Mar 30, 2023
Upper · Passed
From committee: Do pass as amended and re-refer to Com. on JUD. (Ayes 4. Noes 2. Page 572.) (March 29).
upper
Mar 1, 2023
Committee
Referred to Coms. on E.Q. and JUD.
upper
Feb 16, 2023
Introduced
Introduced. Read first time. To Com. on RLS. for assignment. To print.
upper
1 primary · 8 co-sponsors
Sponsors
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