AB 1338: Department of Transportation: transferred property: City of Lynwood. - California

08/30/26 - Enrolled → AB1338 · 1 edit

MINOR

No substantive policy changes were made between these two versions. The diff reflects a transition from the formal enrolled bill document (with clerk signatures, governor receipt lines, and page numbering) to a web-based rendering of the same bill text on the California Legislature website. The actual legislative language of Section 118.10 is identical in both versions.

TECHNICAL

The document changed from a formal enrolled bill format (with Assembly/Senate clerk signatures, governor receipt block, chapter number placeholder, and page numbers) to a web page layout that includes navigation menus, version history, status timeline, and a digest key showing Vote: MAJORITY, Appropriation: NO, Fiscal Committee: YES, Local Program: NO.

06/10/26 - Amended Senate → 08/30/26 - Enrolled · 2 edits · Aug 30, 2026

MINOR

The enrolled version of AB 1338 removed the entire metal shredding facilities air quality monitoring provision (amending Health and Safety Code Section 41514.6) that was present in the Senate-amended version. The bill now addresses only a single topic: allowing the City of Lynwood to transfer a deed restriction from one parcel to another so it can develop housing on the Imperial Highway property. This is a significant scope reduction, narrowing the bill from two unrelated policy areas down to one.

SCOPE

The entire provision requiring air pollution control districts to develop fence-line air quality monitoring requirements for metal shredding facilities (amending Health and Safety Code Section 41514.6) was removed from the bill. This included requirements for threshold levels for airborne contaminants (lead, zinc, cadmium, nickel), community notification procedures, enforcement actions, and cost reimbursement by facility owners or operators.

The bill title and legislative counsel's digest were updated to reflect that the bill now only addresses the Department of Transportation property transfer to the City of Lynwood, rather than covering both the metal shredding air quality topic and the property transfer topic.

04/03/25 - Amended Assembly → 06/10/26 - Amended Senate · 4 edits · Jun 10, 2026

MODERATE

The Senate amendment makes two major changes to AB 1338. First, it adds an entirely new special statute (Section 118.10, Streets and Highways Code) that allows the City of Lynwood to transfer a deed restriction from one Caltrans-transferred parcel to another parcel, enabling housing development on the Imperial Highway property. Second, it removes a provision that gave air districts with existing metal shredding regulations the discretion to use their prior rules instead of complying with the new fence-line monitoring requirements, making compliance mandatory for all districts.

SCOPE

Adds Section 118.10 to the Streets and Highways Code as a special statute for the City of Lynwood. It allows Caltrans to release a deed restriction on the Imperial Highway property (transferred to the city in 2016) if the city transfers that restriction to the Fernwood Avenue property, which must be equal or greater in size and per-acre appraised value. The new deed restriction on the Fernwood property lasts 45 years.

The bill's scope expands from a single-topic air quality regulation bill to a dual-purpose bill that also addresses a specific real property transaction between Caltrans and the City of Lynwood for housing development purposes.

REQUIREMENT

Requires the City of Lynwood to submit annual reports to the Legislature and the Assembly and Senate Committees on Transportation until development projects are complete. Reports must include development plans, project status, number and type of affordable housing units, and any public financing used.

ELIGIBILITY

Removes subdivision (f) of Section 41514.6, which had allowed air districts that already had metal shredding regulations in place as of January 1, 2026, to use their discretion in implementing the new fence-line monitoring requirements. All districts must now comply with the new requirements regardless of prior local rules.

03/28/25 - Amended Assembly → 04/03/25 - Amended Assembly · 2 edits · Apr 3, 2025

MINOR

AB 1338 was significantly narrowed in scope by removing all hazardous waste research provisions (amendments to Sections 25130 and 25131, and new Section 25133 requiring a stakeholder working group). The bill now focuses exclusively on metal shredding facility air quality monitoring. Additionally, the cost recovery provision for districts was strengthened from permissive language ('may be reimbursed pursuant to its fee authority') to mandatory language ('shall be reimbursed by the owner or operator').

Scope change

The bill's scope was reduced from covering both hazardous waste research programs and metal shredding facility air quality monitoring to covering only metal shredding facility air quality monitoring. The title and digest were updated to reflect this narrower focus.

SCOPE

All hazardous waste research provisions were removed: amendments to Health and Safety Code Sections 25130 and 25131 (requiring DTSC to post research database information online) and new Section 25133 (requiring DTSC to convene a stakeholder working group by July 1, 2026 to identify technologies to reduce hazardous waste generation).

FISCAL

District cost recovery for implementing metal shredding regulations changed from permissive ('may be reimbursed pursuant to its fee authority') to mandatory ('shall be reimbursed by the owner or operator of a metal shredding facility'), making it a firm obligation on facility owners rather than an optional district action.

02/21/25 - Introduced → 03/28/25 - Amended Assembly · 5 edits · Mar 28, 2025

MODERATE

The amendment adds an entirely new regulatory framework for metal shredding facilities, requiring air pollution control districts to develop facilitywide fence-line air quality monitoring requirements by January 1, 2027. It also makes cost reimbursement mandatory (rather than optional) and shifts it directly to facility owners/operators. The original hazardous waste research provisions are retained with no substantive changes.

Scope change

The bill's scope expands significantly from covering only hazardous waste research programs (database and stakeholder working group) to also encompass air quality regulation of metal shredding facilities, including fence-line monitoring, community notification, enforcement, and cost recovery mechanisms.

SCOPE

A new Section 41514.6 is added requiring air pollution control districts with metal shredding facilities in their jurisdiction to develop facilitywide fence-line air quality monitoring requirements by January 1, 2027, including threshold levels for airborne contaminants (lead, zinc, cadmium, nickel), community notification procedures, enforcement actions, and reporting obligations.

REQUIREMENT

Districts must adopt implementing regulations by July 1, 2027, and are responsible for overseeing and enforcing compliance by metal shredding facilities with those regulations.

FISCAL

Cost reimbursement for districts implementing the metal shredding provisions changed from 'may be reimbursed pursuant to its fee authority' to 'shall be reimbursed by the owner or operator of a metal shredding facility,' making cost recovery mandatory and shifting it directly to facility operators.

A new provision requires that the Office of Environmental Health Hazard Assessment's costs to implement the section be reimbursed from the subaccount established in the Hazardous Waste Control Account pursuant to Section 25150.84.

ELIGIBILITY

Districts that already have regulations and rules governing metal shredding facilities implemented as of January 1, 2026 are given discretion (rather than a mandate) to implement the new section, with their existing regulations required to include facility registration, housekeeping, best management practices, signage, fenceline or alternative monitoring technologies, or other emission reduction methods.

Department of Transportation: transferred property: City of Lynwood.

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