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<ns0:Id>20250SB__107598AMD</ns0:Id>
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<ns0:ActionText>INTRODUCED</ns0:ActionText>
<ns0:ActionDate>2026-02-13</ns0:ActionDate>
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<ns0:Action>
<ns0:ActionText>AMENDED_SENATE</ns0:ActionText>
<ns0:ActionDate>2026-03-25</ns0:ActionDate>
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<ns0:SessionYear>2025</ns0:SessionYear>
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<ns0:MeasureNum>1075</ns0:MeasureNum>
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<ns0:AuthorText authorType="LEAD_AUTHOR">Introduced by Senator Reyes</ns0:AuthorText>
<ns0:Authors>
<ns0:Legislator>
<ns0:Contribution>LEAD_AUTHOR</ns0:Contribution>
<ns0:House>SENATE</ns0:House>
<ns0:Name>Reyes</ns0:Name>
</ns0:Legislator>
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<ns0:Title> An act to amend Section 44391.2 of, and to add Sections 44391.6, 44391.7, 44391.8, and 44391.9 to, the Health and Safety Code, relating to air resources.</ns0:Title>
<ns0:RelatingClause>air resources</ns0:RelatingClause>
<ns0:GeneralSubject>
<ns0:Subject>Air resources: toxic air contaminants: criteria air pollutants: community emissions reduction programs: local community emissions reduction plans.</ns0:Subject>
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<ns0:DigestText>
<html:p>Existing law requires the State Air Resources Board to prepare a statewide strategy to reduce emissions of toxic air contaminants and criteria air pollutants in communities affected by a high cumulative exposure burden that includes an assessment and identification of those communities. Existing law requires the statewide strategy to be updated at least once every 5 years. Existing law requires the state board, based on the assessment and identification, to select locations around the state for preparation of community emissions reduction programs. Existing law requires the assessment and identification to prioritize disadvantaged communities, as defined. Existing law
requires the regional air quality management district or the regional air pollution control district encompassing the location selected by the state board, within one year of selection, to adopt a community emissions reduction program to achieve emissions reductions for the location selected using cost-effective measures, as provided. Existing law requires the state board to provide grants to community-based organizations for technical assistance and to support community participation in the implementation of the statewide strategy. Under this existing regulatory authority, the state board provides grants to development and implement local community emissions reduction plans.</html:p>
<html:p>This bill would revise the definition of “disadvantaged community” to include a disadvantaged unincorporated community. The bill would require the statewide strategy to be updated on or before July 1, 2027, and every 3 years thereafter. The bill would require the local community emissions reduction plans be submitted to the state board for review and approval and would authorize the state board or the relevant air district to enforce those plans. The bill would specify that a steering committee formed by an air district to assist it in the development and implementation of a community emissions reduction program remains active until the emissions objectives identified in the program are achieved. The bill would require members of the steering committee to meet certain requirements. The bill would specify eligible uses for
the grants provided and would authorize the state board to audit and to take corrective action if those resources are improperly used.</html:p>
<html:p>This bill would require a local government with land use planning authority to align its local land use decisions, as specified, to support the goals of an approved community emissions reduction program, approved local community emissions reduction plan, or both program and plan, and the environmental justice element of the general plan of the local government and to prevent new, substantial modification or substantial expanded uses that contribute to poor air quality, as provided. The bill would authorize a local land use agency, as provided, to make a land use decision that does not align with the community emissions reduction program or local community emissions reduction plan if the decision serves an essential
environmental, health, or safety need of the applicable community and there is no reasonable alternative. The bill would authorize a person living in a community with a community emissions reduction program or a local community emissions reduction plan to seek a de novo review of a land use decision that does not align with the program or plan. The bill would authorize the Attorney General to require the local land use agency to take certain actions if it finds that the challenged land use decision did not comply with those requirements. Because the bill would impose additional duties on local land use agencies, this bill would impose a state-mandated local program.</html:p>
<html:p>This bill would add one additional member of the governing board of an air district with a community that is in a location that has been selected for the preparation of a community emissions
reduction program who is a member of a bona fide environmental justice organization or is a member of a steering committee of the air district and who is appointed by the state board, in collaboration with the steering committee. By expanding the membership of the governing board of air districts, this bill would impose a state-mandated local program. The bill would require the state board, on or before June 30, 2027, and annually thereafter, to report to the appropriate subcommittees of the budget committee of the Legislature about the progress the state board has made to implement the statewide strategy and the community emissions reduction programs. The bill would require the Secretary for Environmental Protection to periodically convene representatives of agencies and departments with the California Environmental Protection Agency to ensure coordination among agencies and departments with jurisdiction over pollution sources included in a community emissions reduction program to address concerns raised
about those sources.</html:p>
<html:p>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.</html:p>
<html:p>This bill would provide that with regard to certain mandates no reimbursement is required by this act for a specified reason.</html:p>
<html:p>With regard to any other mandates, this bill would provide that, if the Commission on State Mandates determines that the bill contains costs so mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above.</html:p>
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<ns0:Preamble>The people of the State of California do enact as follows:</ns0:Preamble>
<ns0:BillSection id="id_252C42E3-0599-487D-8F87-530FBFDC6E21">
<ns0:Num>SECTION 1.</ns0:Num>
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Section 44391.2 of the
<ns0:DocName>Health and Safety Code</ns0:DocName>
is amended to read:
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<ns0:Num>44391.2.</ns0:Num>
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<html:p>
(a)
<html:span class="EnSpace"/>
For purposes of this section, the following definitions apply:
</html:p>
<html:p>
(1)
<html:span class="EnSpace"/>
“Disadvantaged community” means a community identified as disadvantaged pursuant to Section 39711 or a disadvantaged unincorporated community as defined in Section 65302.10 of the Government Code.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
“Sensitive receptors” includes the same locations as specified in paragraph (5) of subdivision (a) of Section 42705.5.
</html:p>
<html:p>
(b)
<html:span class="EnSpace"/>
(1)
<html:span class="EnSpace"/>
On or before October 1, 2018, the state board shall prepare, in consultation with the Scientific Review Panel on Toxic Air Contaminants, the districts, the Office of Environmental Health Hazard Assessment, environmental justice organizations, affected industry, and other interested stakeholders, a statewide strategy to reduce emissions of toxic air contaminants and criteria air pollutants in communities affected by a high cumulative exposure burden. In preparing the statewide strategy, the state board shall conduct at least one public workshop in each of the northern, central, and southern parts of the state. The statewide strategy shall include criteria for the development of community emissions
reduction programs. The criteria presented in the statewide strategy shall include, but are not limited to, all of the following:
</html:p>
<html:p>
(A)
<html:span class="EnSpace"/>
An assessment and identification of communities with high cumulative exposure burdens for toxic air contaminants and criteria air pollutants. The assessment shall prioritize disadvantaged communities and sensitive receptor locations based on one or more of the following:
</html:p>
<html:p>
(i)
<html:span class="EnSpace"/>
Best available modeling information.
</html:p>
<html:p>
(ii)
<html:span class="EnSpace"/>
Existing air quality monitoring
information.
</html:p>
<html:p>
(iii)
<html:span class="EnSpace"/>
Existing public health data based on consultation with the Office of Environmental Health Hazard Assessment.
</html:p>
<html:p>
(iv)
<html:span class="EnSpace"/>
The monitoring results obtained pursuant to Section 42705.5.
</html:p>
<html:p>
(B)
<html:span class="EnSpace"/>
A methodology for assessing and identifying the contributing sources or categories of sources, including, but not limited to, stationary and mobile sources, and an estimate of their relative contribution to elevated exposure to air pollution in impacted communities identified pursuant to subparagraph (A).
</html:p>
<html:p>
(C)
<html:span class="EnSpace"/>
An assessment of whether a district should update and implement the risk reduction audit and emissions reduction plan developed pursuant to Section 44391 for a facility to achieve emissions reductions commensurate with its relative contribution, if the facility’s emissions either cause or significantly contribute
to a material impact on a sensitive receptor location or disadvantaged community, based on data available for assessment pursuant to subparagraph (A) or other relevant data.
</html:p>
<html:p>
(D)
<html:span class="EnSpace"/>
An assessment of the existing and available measures for reducing emissions from the contributing sources or categories of sources identified pursuant to
subparagraph (B), including, but not limited to, best available control technology, as defined in Section 40405, best available retrofit control technology, as defined in Section 40406, and best available control technology for toxic air contaminants, as defined in Section 39666.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
On or before July 1, 2027, and every three years thereafter, the state board shall update the statewide strategy prepared pursuant to paragraph (1).
</html:p>
<html:p>
(c)
<html:span class="EnSpace"/>
(1)
<html:span class="EnSpace"/>
Based on the assessment and identification pursuant to subparagraph (A) of paragraph (1) of subdivision
(b) and updates to the assessment and identification, the state board shall select, concurrent with the statewide strategy, locations around the state for preparation of community emissions reduction programs. The state board shall select additional locations annually thereafter, as appropriate.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
(A)
<html:span class="EnSpace"/>
Within two years of the state board’s selection, the district encompassing a location selected pursuant to this subdivision shall adopt, in consultation with the state board, individuals, community-based organizations, affected sources, and local governmental bodies in the affected community, a community emissions
reduction program to achieve emissions reductions for the location selected using cost-effective measures identified pursuant to subparagraph (D) of paragraph (1) of subdivision (b).
</html:p>
<html:p>
(B)
<html:span class="EnSpace"/>
A district, with the agreement of the state board and a majority of the persons who are designated by the district to participate in the development and adoption of the community emissions reduction program, may take up to one additional year to adopt a community emissions reduction program pursuant to subparagraph (A).
</html:p>
<html:p>
(3)
<html:span class="EnSpace"/>
The community emissions reduction programs shall be consistent with the statewide strategy and
include emissions reduction targets, specific reduction measures, a schedule for the implementation of measures, and an enforcement plan.
</html:p>
<html:p>
(4)
<html:span class="EnSpace"/>
Local community emissions reduction plans developed in accordance with the statewide strategy prepared pursuant to subdivision (b), also known as the “Community Air Protection Blueprint” or “Blueprint” pursuant to Section 44391.5, shall be consistent with the statewide strategy.
</html:p>
<html:p>
(5)
<html:span class="EnSpace"/>
The community emissions reduction programs
and local community emissions reduction plans shall be submitted to the state board for review and approval within 60 days of the receipt of the program. Programs that are rejected shall be resubmitted within 30 days. To the extent that a program, in whole or in part, is not approvable, the state board shall initiate a public process to discuss options for achieving an approvable program. Concurrent with the public process to achieve an approvable program, the state board shall develop and implement the applicable mobile source elements in the draft program to commence achievement of emissions reductions.
</html:p>
<html:p>
(6)
<html:span class="EnSpace"/>
The community emissions reduction
programs or local community emissions reduction plans shall result in emissions reductions in the community, based on monitoring or other data.
</html:p>
<html:p>
(7)
<html:span class="EnSpace"/>
In implementing a community emissions reduction program, the district and the state board shall be responsible for measures consistent with their respective authorities.
</html:p>
<html:p>
(8)
<html:span class="EnSpace"/>
A district encompassing a location selected pursuant to this subdivision shall prepare an annual report summarizing the results and actions taken to further reduce emissions pursuant to the community emissions reduction program.
</html:p>
<html:p>
(9)
<html:span class="EnSpace"/>
Compliance with a community emissions reduction program prepared pursuant to this section or a local community emissions reduction
plan developed pursuant to a grant provided under subdivision (d), including its implementation, shall be enforceable by the district and state board, as applicable.
</html:p>
<html:p>
(10)
<html:span class="EnSpace"/>
(A)
<html:span class="EnSpace"/>
A steering committee formed by a district for a location selected for preparation of a community emissions reduction program pursuant to this subdivision or a location for which a local community emissions reduction plan is developed in accordance with the statewide strategy prepared pursuant to subdivision (b), also known as the “Community Air Protection Blueprint” or “Blueprint” pursuant to Section 44391.5, shall remain active until the emissions objectives identified in the program are achieved.
</html:p>
<html:p>
(B)
<html:span class="EnSpace"/>
The steering committee shall meet both of the following:
</html:p>
<html:p>
(i)
<html:span class="EnSpace"/>
All members of the steering committee live, work, or own businesses within the community reduction program area or local community emissions reduction plan area and a majority of the members are residents. For purposes of this clause, employment by a nonprofit organization that is engaged in the support of community members in a program area or employment by a for-profit company or organization that has workers or managers working at a facility located in a program area constitute working within the program area.
</html:p>
<html:p>
(ii)
<html:span class="EnSpace"/>
The steering committee uses an open and transparent nomination process to select members and the membership of the committee reflects the diverse makeup of the community in the program area.
</html:p>
<html:p>
(d)
<html:span class="EnSpace"/>
The state board shall provide grants to community-based organizations
for technical assistance and to support community participation in the implementation of this section and Section
42705.5 to support the implementation of strategies that directly reduce emissions or exposure to air pollution in disadvantaged communities.
</html:p>
<html:p>
(e)
<html:span class="EnSpace"/>
The requirements of this section shall apply to all community emission reduction programs or local community emissions reduction plans developed pursuant to a grant provided under subdivision (d), until attainment with the federal Clean Air Act (42 U.S.C. Sec. 7401 et seq.) is achieved.
</html:p>
<html:p>
(f)
<html:span class="EnSpace"/>
The state board may audit and take corrective action if a district or other stakeholder is found to improperly use the resources allocated according to this section. Eligible uses of grant funding provided pursuant to this section shall include, but not be limited to, any of the following:
</html:p>
<html:p>
(1)
<html:span class="EnSpace"/>
Community-led deployment of technologies, practices, or projects that result in measurable or meaningful reductions in emissions or exposure to air pollution.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
Local mitigation strategies that address emission sources identified in community emissions reduction programs or local community emissions reduction plans.
</html:p>
<html:p>
(3)
<html:span class="EnSpace"/>
Projects that improve air quality outcomes through neighborhood- or household-level interventions, as identified in collaboration with community residents and stakeholders.
</html:p>
<html:p>
(4)
<html:span class="EnSpace"/>
Other initiatives that align with the goals of this section and support the implementation of community emissions reduction programs and local community emissions reduction plans developed pursuant to this chapter.
</html:p>
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<ns0:Num>SEC. 2.</ns0:Num>
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Section 44391.6 is added to the
<ns0:DocName>Health and Safety Code</ns0:DocName>
, to read:
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<ns0:LawSection id="id_C2A60D38-0BA0-4323-9386-1D46749D63B0">
<ns0:Num>44391.6.</ns0:Num>
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<html:p>
(a)
<html:span class="EnSpace"/>
(1)
<html:span class="EnSpace"/>
A local government with land use planning authority that includes a location selected for the preparation of a community emissions reduction program or a location for which a local community emissions reduction plan will be or has been prepared pursuant to the statewide strategy shall comply with the community emissions reduction program or local community emissions reduction plan or both program and plan that are approved by the state board and with the environmental justice element, as described in subdivision (h) of Section 65302 of the Government Code, in the general plan of the local government. If any inconsistency exist among the program, plan, or element, the most health protective standard shall apply.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
For purposes of paragraph (1), “compliance” means aligning local land use decisions, including, but not limited to, long-term land use planning through general plans, area plans, and specific plans, zoning, siting and permitting, and transportation planning, to ensure those decisions do both of the following:
</html:p>
<html:p>
(A)
<html:span class="EnSpace"/>
Support the goals of the community emissions reduction program, the local community emissions reduction plan, or both program and plan, and the environmental justice element.
</html:p>
<html:p>
(B)
<html:span class="EnSpace"/>
Prevent new, substantial modification or substantial expanded uses that contribute to poor air quality, as determined by the community emissions reduction program and the environmental justice element.
</html:p>
<html:p>
(b)
<html:span class="EnSpace"/>
(1)
<html:span class="EnSpace"/>
Notwithstanding subdivision (a), a local land use agency may make a land use decision
that would serve an essential environmental, health, or safety need of the community located within the program area of a community emissions reduction program or the plan area of a local community emissions reduction plan that does not align with the program or plan for which there is no reasonable alternative.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
(A)
<html:span class="EnSpace"/>
Before permitting a use pursuant to paragraph (1), the local land use agency shall provide notice of, and conduct, a public meeting in accordance with Section 54953 of the Government Code. The notice shall include a description of the essential environmental, health, or safety need of the community being used to justify the permitting. The local land use agency shall provide analyses in support of its determination under paragraph (1).
</html:p>
<html:p>
(B)
<html:span class="EnSpace"/>
Notwithstanding any other law, the public meeting held pursuant to subparagraph (A) shall not be a
special meeting call pursuant to Section 54956 of the Government Code.
</html:p>
<html:p>
(c)
<html:span class="EnSpace"/>
(1)
<html:span class="EnSpace"/>
(A)
<html:span class="EnSpace"/>
A person living in a community with a community emissions reduction program area or a local community emissions reduction plan area may seek a review of a land use decision approved pursuant to subparagraph (B) from the Attorney General for compliance with that paragraph by filing a petition with the Attorney General. The Attorney General shall review the challenged decision de novo and may retain independent experts to determine the merits of the petition.
</html:p>
<html:p>
(B)
<html:span class="EnSpace"/>
The Attorney General may stay the local land use agency decision if the Attorney General finds that the petition makes a prima facie showing that the local land use agency has failed to comply with subdivision (b) in making its decision.
</html:p>
<html:p>
(C)
<html:span class="EnSpace"/>
If the Attorney General determines that the decision does not comply with subdivision (b), the Attorney General may require the local land use agency to do either of the following:
</html:p>
<html:p>
(i)
<html:span class="EnSpace"/>
Conduct additional analyses to support its decision made pursuant to subparagraph (B).
</html:p>
<html:p>
(ii)
<html:span class="EnSpace"/>
Void its decision.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
A relevant steering committee may refer the additional analysis and its determinations to the Attorney General for certification pursuant to the same procedures as specified in this subdivision.
</html:p>
<html:p>
(d)
<html:span class="EnSpace"/>
(1)
<html:span class="EnSpace"/>
In an action brought by the Attorney General to enforce its determination made pursuant to subdivision (c), a local land use agency that is in violation of this section shall be subject to both of the following
remedies:
</html:p>
<html:p>
(A)
<html:span class="EnSpace"/>
Equitable, injunctive, and declaratory relief, as the court deems appropriate.
</html:p>
<html:p>
(B)
<html:span class="EnSpace"/>
All costs of investigating and prosecuting the action, including expert fees, reasonable attorney’s fees, and costs, whenever the Attorney General prevails.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
The liability and remedies imposed by this paragraph are in addition to any other liability and remedies imposed by any other law.
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<ns0:Num>SEC. 3.</ns0:Num>
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Section 44391.7 is added to the
<ns0:DocName>Health and Safety Code</ns0:DocName>
, to read:
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<ns0:Num>44391.7.</ns0:Num>
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<html:p>In addition to any other law, one additional member shall be added to the governing board of a district with a community that is in a location that has been selected for preparation of a community emissions reduction program pursuant to subdivision (c) of Section 44391.2 or a community provided with a grant pursuant to subdivision (d) of Section 44391.2 who is a member of a bona fide environmental justice organization or is a member of a steering committee in the district. The member shall be appointed by state board, in collaboration with the steering committee formed pursuant to paragraph (10) of subdivision (c) of Section 44391.2.</html:p>
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<ns0:Num>SEC. 4.</ns0:Num>
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Section 44391.8 is added to the
<ns0:DocName>Health and Safety Code</ns0:DocName>
, to read:
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<ns0:Num>44391.8.</ns0:Num>
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<html:p>The Secretary for Environmental Protection shall periodically convene representatives of agencies and departments within the California Environmental Protection Agency to ensure that coordination among those agencies and departments with jurisdiction over pollution sources included in a community emissions reduction program to address concerns raised about those sources.</html:p>
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<ns0:BillSection id="id_5F4B761A-C1BE-4810-B60C-24B1CED3DD59">
<ns0:Num>SEC. 5.</ns0:Num>
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Section 44391.9 is added to the
<ns0:DocName>Health and Safety Code</ns0:DocName>
, to read:
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<ns0:Fragment>
<ns0:LawSection id="id_0FA61C4B-AD74-4351-AF22-57D0721107C6">
<ns0:Num>44391.9.</ns0:Num>
<ns0:LawSectionVersion id="id_91431AAC-36B7-483D-AED1-419ADB9602BA">
<ns0:Content>
<html:p>
(a)
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Notwithstanding Section 10231.5 of the Government Code, on or before June 30, 2027, and annually thereafter, the state board shall report to the appropriate subcommittees of the budget committee of each house of the Legislature about the progress the state board has made in implementing Section 44391.2. The report shall include, but is not limited to, all of the following:
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(1)
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The status of implementation of the community emissions reduction program in each selected community.
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(2)
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Best practices.
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<html:p>
(3)
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Lessons learned through the implementation of the community emissions reduction programs or local community
emissions reduction plans.
</html:p>
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(4)
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Activities taken to enforce the community emissions reduction programs and local community emissions reduction plans.
</html:p>
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(5)
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Outcome data that is available, through air monitoring or other means, including, but not limited to, achieved emissions reductions.
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(6)
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Expenditures made in furtherance of Section 44291.2.
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(b)
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A report submitted pursuant to this section shall also be submitted in compliance with Section 9795 of the Government Code.
</html:p>
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</ns0:LawSection>
</ns0:Fragment>
</ns0:BillSection>
<ns0:BillSection id="id_12E8655B-2676-428E-A798-B6E1EEF7698B">
<ns0:Num>SEC. 6.</ns0:Num>
<ns0:Content>
<html:p>
No reimbursement is required by this act pursuant to Section 6 of Article XIII
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B of the California Constitution because a local agency or school district has the authority to levy service charges, fees, or assessments sufficient to pay for the program or level of service mandated by this act, within the meaning of Section 17556 of the Government Code.
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<html:p>However, if the Commission on State Mandates determines that this act contains other 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.</html:p>
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