CA AB 2851

Title: Metal shredding facilities: fence-line air quality monitoring.
Author: Mia Bonta

Summary
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, 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 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 air quality monitoring requirements. The bill would require the department to oversee and enforce the implementation of the fenceline 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.

Status
From committee: Do pass and re-refer to Com. on NAT. RES. (Ayes 5. Noes 2.) (April 9). Re-referred to Com. on NAT. RES.

Bill Documents
CA AB 2851 - 04/04/24 - Amended Assembly
04/04/24 - CA AB 2851 (04/04/24 - Amended Assembly)