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.
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.
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.
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.
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 with regard to certain mandates no reimbursement is required by this act for a specified reason.
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.
Statutes affected: SB1075: 44391.2 HSC
02/13/26 - Introduced: 44391.2 HSC
03/25/26 - Amended Senate: 44391.2 HSC
SB 1075: 44391.2 HSC