Bill Text: CA AB2851 | 2023-2024 | Regular Session | Amended

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Bill Title: Metal shredding facilities: fence-line air quality monitoring.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Passed) 2024-09-27 - Chaptered by Secretary of State - Chapter 743, Statutes of 2024. [AB2851 Detail]

Download: California-2023-AB2851-Amended.html

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Amended  IN  Assembly  May 16, 2024

Amended  IN  Assembly  April 04, 2024

Amended  IN  Assembly  March 21, 2024

CALIFORNIA LEGISLATURE— 2023–2024 REGULAR SESSION

Assembly Bill

No. 2851

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Introduced by Assembly Member Bonta

February 15, 2024

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An act to amend Section 25150.84 of, and to add Section 25150.87 to to, the Health and Safety Code, relating to air pollution.

LEGISLATIVE COUNSEL'S DIGEST

AB 2851, as amended, Bonta. Metal shredding facilities: fence-line air quality monitoring.

Existing law defines a “fence-line monitoring system,” for purposes of specified laws requiring the monitoring of toxic air contaminants from nonvehicular sources, to mean monitoring equipment that measures and records air pollutant concentrations at or adjacent to a stationary source that may be useful for detecting or estimating emissions of pollutants from the source, including the quantity of fugitive emissions, and in supporting enforcement efforts.

Existing law requires the Department of Toxic Substances Control to adopt, and revise when appropriate, standards and regulations for the management of hazardous wastes to protect against hazards to the public health, to domestic livestock, to wildlife, or to the environment, including the operation of metal shredding facilities for appliance recycling. Existing law authorizes the department to collect an annual fee from all metal shredding facilities that are subject to the requirements of the hazardous waste control laws, and to deposit those fees into a subaccount in the Hazardous Waste Control Account. Existing law makes those moneys available to the department, upon appropriation by the Legislature, to reimburse the department’s costs to implement the hazardous waste control laws applicable to metal shredder facilities.

This bill would require, instead of authorize, the department to collect the above-described annual fee from all metal shredding facilities that are subject to the requirements of the hazardous waste control laws, as provided. The bill would require, on or before July 1, 2025, the department, in consultation with affected local air pollution control and air quality management districts, to develop requirements for facilitywide fenceline fence-line air quality monitoring at metal shredding facilities. Those requirements would include, among other things, monitoring light fibrous material, lead, zinc, cadmium, and any other substance required to be monitored by the department, and a requirement that, if the monitoring indicates a potential adverse impact on air quality or public health, the local public health department issue a community notification, as provided. The bill would also require all metal shredding facilities that are subject to the hazardous waste control laws to implement the fenceline fence-line air quality monitoring requirements. The bill would require the department to oversee and enforce the implementation of the fenceline fence-line air quality monitoring requirements on or before December 31, 2025. The bill would also authorize any regulatory costs incurred by the department in implementing the bill’s requirements to be reimbursed from the subaccount in the Hazardous Waste Control Account. By imposing new duties on local public health departments, 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, 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.

Digest Key

Vote: MAJORITY   Appropriation: NO   Fiscal Committee: YES   Local Program: YES  

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Bill Text

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

SECTION 1.

 Section 25150.84 of the Health and Safety Code is amended to read:

25150.84.

 (a) The department is authorized to shall collect an annual fee from all metal shredding facilities that are subject to the requirements of this chapter or to the alternative management standards adopted pursuant to Section 25150.82. The department shall establish and adopt regulations necessary to administer this fee and to establish a fee schedule that is set at a rate sufficient to reimburse the department’s costs to implement this chapter as applicable to metal shredder facilities. The fee schedule established by the department may be updated periodically as necessary and shall provide for the assessment of no more than the reasonable and necessary costs of the department to implement this chapter, as applicable to metal shredder facilities.

(b) The Controller shall establish a separate subaccount in the Hazardous Waste Control Account. The fees collected pursuant to this section shall be deposited into the subaccount and be available for expenditure by the department upon appropriation by the Legislature.

(c) A regulation adopted pursuant to this section may be adopted as an emergency regulation in accordance with Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code, and for the purposes of that chapter, including Section 11349.6 of the Government Code, the adoption of these regulations is an emergency and shall be considered by the Office of Administrative Law as necessary for the immediate preservation of the public peace, health, safety, and general welfare. Notwithstanding Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code, an emergency regulation adopted by the department pursuant to this section shall be filed with, but not be repealed by, the Office of Administrative Law and shall remain in effect for a period of two years or until revised by the department, whichever occurs sooner.

(d) (1) A metal shredding facility paying an annual fee in accordance with this section shall be exempt from the following fees as the fees pertain to metal shredding activities and the generation, handling, management, transportation, and disposal of metal shredder waste:

(A) A fee imposed pursuant to Section 25205.7.

(B) A disposal fee imposed pursuant to Section 25174.1 until July 1, 2022.

(C) A facility fee imposed pursuant to Section 25205.2.

(D) A fee imposed pursuant to Section 25205.5.

(E) A transportable treatment unit fee imposed pursuant to Section 25205.14 until July 1, 2022, and Section 25205.2 on and after July 1, 2022.

(2) A metal shredding facility is not exempt from the fees listed in paragraph (1) for any other hazardous waste the metal shredding facility generates and handles.

SECTION 1.SEC. 2.

 Section 25150.87 is added to the Health and Safety Code, to read:

25150.87.

 (a) On or before July 1, 2025, the department, in consultation with affected local air pollution control and air quality management districts, shall develop requirements for facilitywide fenceline fence-line air quality monitoring at metal shredding facilities, as defined in Section 25150.82, that are subject to this chapter.

(b) The requirements developed pursuant to subdivision (a) shall include, but not be limited to, all of the following:

(1) Monitoring of light fibrous material, lead, zinc, cadmium, nickel, and any other substance required to be monitored by the department.

(2) Monitoring at prescribed frequencies of substances monitored pursuant to paragraph (1).

(3) Reporting on the results of the monitoring required pursuant to this subdivision to the department, the local air district or local air quality management district, and the local public health department.

(4) If the monitoring required pursuant to this subdivision indicates a potential adverse impact on air quality or public health, requiring the local public health department to issue a community notification to the public for the area in which the metal shredding facility is located that informs the public that the facility is causing the potential adverse impact on air quality or public health.

(c) All metal shredding facilities subject to this chapter shall implement the facilitywide fenceline fence-line air quality monitoring requirements developed pursuant to this section.

(d) The department shall oversee and enforce the implementation of the facilitywide fenceline fence-line air quality monitoring requirements developed pursuant to this section on or before December 31, 2025.

(e) Any regulatory costs incurred by the department in implementing this section may be reimbursed by the fee on metal shredding facilities imposed pursuant to subdivision (a) of Section 25150.84.

SEC. 2.SEC. 3.

 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.