Bill Text: CA SB1193 | 2023-2024 | Regular Session | Introduced
NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Airports: leaded aviation gasoline.
Spectrum: Partisan Bill (Democrat 3-0)
Status: (Passed) 2024-09-22 - Chaptered by Secretary of State. Chapter 460, Statutes of 2024. [SB1193 Detail]
Download: California-2023-SB1193-Introduced.html
Bill Title: Airports: leaded aviation gasoline.
Spectrum: Partisan Bill (Democrat 3-0)
Status: (Passed) 2024-09-22 - Chaptered by Secretary of State. Chapter 460, Statutes of 2024. [SB1193 Detail]
Download: California-2023-SB1193-Introduced.html
CALIFORNIA LEGISLATURE—
2023–2024 REGULAR SESSION
Senate Bill
No. 1193
| Introduced by Senator Menjivar (Principal coauthor: Senator Stern) |
February 14, 2024 |
An act to add Chapter 8 (commencing with Section 21710) to Part 1 of Division 9 of the Public Utilities Code, relating to aviation.
LEGISLATIVE COUNSEL'S DIGEST
SB 1193, as introduced, Menjivar.
Airports: leaded aviation gasoline.
Existing law, the State Aeronautics Act, governs various matters relative to aviation in the state, and authorizes the Department of Transportation to adopt, administer, and enforce rules and regulations for the administration of the act. Under existing law, a violation of the State Aeronautics Act is a crime.
This bill would prohibit an airport operator or aviation retail establishment, as defined, from selling, distributing, or otherwise making available leaded aviation gasoline to consumers, consistent with a specified timeline, as provided.
This bill would require the department, in consultation with the State Department of Public Health and the California Environmental Protection Agency, to identify best management practices for reducing public health and environmental exposures to lead associated
with airport operations. The bill would require the department, on or before July 1, 2025, to publish on its internet website initial guidance for airport operators regarding best airport operating practices to minimize environmental and public health impacts of lead exposure. The bill would require the department to publish updated guidance on or before July 1, 2026, as specified.
This bill would require each airport operator, on or before November 1, 2025, to submit to the department, and begin implementing, a plan to implement the best practices identified by the department to minimize environmental impacts and public health risks associated with leaded aviation gasoline use at airports. The bill would require each airport operator, by December 1, 2026, and each December 1 thereafter, to provide a status report to the department regarding its implementation of the plan, including the status of planning and investments to facilitate the supply of unleaded aviation
gasoline at the airport, except as specified. The bill would require the department, in consultation with the State Department of Public Health and the California Environmental Protection Agency, to offer technical assistance to each airport operator that has not submitted a plan, or that does not implement the plan submitted to the department in the manner described in the plan.
This bill would provide that a person in violation of the prohibition on selling, distributing, or otherwise making available leaded aviation gasoline to consumers is subject to a civil penalty of up to $1,000 per day that leaded aviation gasoline was sold, distributed, or supplied. The bill would provide that a person who remains in violation of the requirements to submit a plan or status report to the department 30 days after the offer of technical assistance by the department is subject to a civil penalty of up to $1,000 per day of continued noncompliance. The bill would also make its
provisions severable.
Because the above provisions would be a part of the State Aeronautics Act, 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 a specified reason.
Digest Key
Vote: MAJORITY Appropriation: NO Fiscal Committee: YES Local Program: YESBill Text
The people of the State of California do enact as follows:
SECTION 1.
Chapter 8 (commencing with Section 21710) is added to Part 1 of Division 9 of the Public Utilities Code, to read:CHAPTER 8. Leaded Aviation Gasoline
21710.
(a) An airport operator or aviation retail establishment shall not sell, distribute, or otherwise make available leaded aviation gasoline to consumers consistent with the following timeline:(1) Beginning January 1, 2026, for airports and aviation retail establishments located in or adjacent to either of the following:
(A) A disadvantaged community, as identified pursuant to Section 39711 of the Health and Safety Code.
(B) A city with a population of at least 700,000 as of January 1, 2024, as determined using the latest official estimate published by the Department of Finance.
(2) Beginning January 1, 2028, for airports and aviation retail establishments located in or immediately adjacent to an urban growth boundary.
(3) Beginning January 1, 2030, for all other airports and aviation retail establishments.
(b) For purposes of this section, “aviation retail establishment” means any public or private entity that sells aviation gasoline, or offers or otherwise makes available aviation gasoline to a customer, including other businesses or government entities, for use in this state.
21711.
(a) The department, in consultation with the State Department of Public Health and the California Environmental Protection Agency, and using all available information, shall identify best management practices for reducing public health and environmental exposures to lead associated with airport operations.(b) On or before July 1, 2025, the department shall publish on its internet website initial guidance for airport operators regarding best airport operating practices to minimize environmental and public health impacts of lead exposure. The department shall publish updated guidance on or before July 1, 2026, and may periodically review and update its guidance thereafter.
(c) In
developing the guidance pursuant to subdivision (b), the department shall consider including measures to address all of the following:
(1) Managing runup practices, including by increasing the distance between runup areas and public areas on or off the airport, or increasing the size of runup areas.
(2) Eliminating the castoff of leaded aviation gasoline, and minimizing and mitigating other spills and releases of unexpended leaded aviation gasoline.
(3) Minimizing airport employee exposures.
(4) Minimizing releases of leaded aviation gasoline caused by refueling and maintenance activities at the airport, including processes used to store and dispense aviation gasoline at the airport.
(5) Minimizing idle time and engine runup time.
(6) Educating and financially incentivizing consumers that have the option to purchase and use unleaded aviation gasoline at the airport to do so.
(d) The department may adopt rules and regulations to implement, administer, and enforce the requirements of this chapter.
21712.
(a) On or before November 1, 2025, each airport operator shall submit to the department, and begin implementing, a plan to implement the best practices identified by the department pursuant to Section 21711 designed to minimize environmental impacts and public health risks associated with leaded aviation gasoline use at airports.(b) Each airport operator shall update its plan by the November 1 following an updated publication of the guidance issued by the department pursuant to subdivision (b) of Section 21711.
(c) At minimum, each airport operator shall include in its plan both of the following:
(1) A description
of how the airport operator plans to implement the operational and logistical recommendations contained in the guidance issued pursuant to subdivision (b) of Section 21711.
(2) A plan and budget for the financing of any needed fueling infrastructure improvements at the airport to enable the airport to begin supplying unleaded aviation gasoline by the timelines established in Section 21710.
(d) By December 1, 2026, and each December 1 thereafter, each airport operator shall provide a status report to the department regarding its implementation of the plan submitted pursuant to subdivision (a), including the status of planning and investments to facilitate the supply of unleaded aviation gasoline at the airport.
(e) The department, in consultation with the State Department of Public Health and the California
Environmental Protection Agency, shall offer technical assistance to each airport operator that has not submitted a plan pursuant to subdivision (a), or that does not implement the plan submitted to the department in the manner described in the plan.
(f) This section does not apply to the operator of an airport at which leaded aviation gasoline is not sold, distributed, or otherwise made available. When an airport ceases to sell, distribute, or otherwise make available leaded aviation gasoline, the airport operator shall notify the department within 30 days of the cessation of the use of leaded aviation gasoline at the airport.
21713.
(a) A person in violation of the requirements of Section 21710 is subject to a civil penalty of up to one thousand dollars ($1,000) per day that leaded aviation gasoline was sold, distributed, or supplied.(b) A person who remains in violation of the requirements of Section 21712 30 days after the offer of technical assistance under subdivision (e) of Section 21712 is subject to a civil penalty of up to one thousand dollars ($1,000) per day of continued noncompliance.
21714.
(a) If the provisions of this section are in conflict with federal grant assurances in effect on or before January 1, 2025, those provisions of this section shall apply to an airport operator upon the expiration of those grant assurances.(b) The provisions of this chapter are severable. If any provision of this chapter or its application is held invalid, that invalidity shall not affect other provisions or applications that can be given effect without the invalid provision or application.
