California 2017-2018 Regular Session Status: Enacted 5 D cosponsors

AB 617 — Nonvehicular air pollution: criteria air pollutants and toxic air contaminants.

Last action — Chaptered by Secretary of State - Chapter 136, Statutes of 2017.

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  1. ✓
    Introduced
  2. ✓
    In Committee
  3. ✓
    Passed Assembly
  4. ✓
    Passed Senate
  5. ✓
    To Executive
  6. 6
    Enacted

This bill has been enacted into law. Introduced February 14, 2017. Enacted.

Prognosis

Likely to advance 82% · moderate confidence

Where this bill stands today.

Odds of enactment

High

How often bills like it became law.

  • Enacted

    Current position in the legislative process.

  • 23 sponsors

    1 primary, 22 co-sponsors signed on.

  • Single-party support

    Sponsorship is currently within one party (5 D).

  • Cleared a recorded vote

    Passed 6 recorded votes so far.

Prognosis reads this bill's own signals — stage, sponsorship breadth, committee status, recorded votes and cross-state momentum. Odds come from a model trained on which bills have become law.

Summary

(1) Existing law requires the State Air Resources Board to make available on its Internet Web site data concerning the emissions of greenhouse gases, criteria air pollutants, and toxic air contaminants, as specified. This bill would require the state board to develop a uniform statewide system of annual reporting of emissions of criteria air pollutants and toxic air contaminants for use by certain categories of stationary sources. The bill would require those stationary sources to report their annual emissions of criteria air pollutants and toxic air contaminants, as specified. (2) Existing law generally designates air pollution control and air quality management districts with the primary responsibility for the control of air pollution from all sources other than vehicular sources. Existing law authorizes the state board or an air district to require the owner or the operator of an air pollution emission source to take any action that the state board or the air district determines to be reasonable for the determination of the amount of air pollution emissions from that source. This bill would require the state board, by October 1, 2018, to prepare a monitoring plan regarding technologies for monitoring criteria air pollutants and toxic air contaminants and the need for and benefits of additional community air monitoring systems, as defined. The bill would require the state board to select, based on the monitoring plan, the highest priority locations in the state for the deployment of community air monitoring systems. The bill would require an air district containing a selected location, by July 1, 2019, to deploy a system in the selected location. The bill would authorize the air district to require a stationary source that emits air pollutants in, or that materially affect, the selected location to deploy a fence-line monitoring system, as defined, or other specified real-time, on-site monitoring. The bill would authorize the state board, by January 1, 2020, and annually thereafter, to select additional locations for the deployment of the systems. The bill would require air districts that have deployed a system to provide to the state board air quality data produced by the system. By increasing the duties of air districts, this bill would impose a state-mandated local program. The bill would require the state board to publish the data on its Internet Web site. This bill would require the state board, by October 1, 2018, to prepare and update, at least once every 5 years, a statewide strategy to reduce emissions of toxic air contaminants and criteria pollutants in communities affected by a high cumulative exposure burden. The bill would require the state board to select locations around the state for the preparation of community emissions reduction programs, and to provide grants to community-based organizations for technical assistance and to support community participation in the programs. The bill would require an air district containing a selected location, within one year of the state board's selection, to adopt a community emissions reduction program. By increasing the duties of air districts, this bill would impose a state-mandated local program. (3) Existing law requires air districts, prior to adopting rules to meet the requirement for best available retrofit control technology or for a specified feasible measure, to take specified actions, including, among others, identifying one or more potential control options that achieve the emissions reduction objectives for the rule. Existing law also authorizes a district to establish its own best available retrofit control technology requirement based upon the consideration of specified factors. This bill would require a district that is in nonattainment for one or more air pollutants to adopt an expedited schedule for the implementation of best available retrofit control technology, as specified. The bill would require the schedule to apply to each industrial source that, as of January 1, 2017, was subject to a specified market-based compliance mechanism and give highest priority to those permitted units that have not modified emissions-related permit conditions for the greatest period of time. This bill would require the state board to establish and maintain a statewide clearinghouse that identifies the best available control technology, best available retrofit control technology for criteria air pollutants, and related technologies for the control of toxic air contaminants. (4) Existing law establishes maximum criminal and civil penalties for any person, as defined, for violations of air pollution laws from nonvehicular sources. Existing law generally establishes the maximum criminal and civil penalties at $1,000, unless otherwise specified. This bill would increase the maximum for the generally applicable criminal and civil penalties under these provisions to $5,000. The bill would annually adjust maximum penalties for violations of these laws based on the California Consumer Price Index. (5) 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.

Bill Text

Action History

  1. Chaptered by Secretary of State - Chapter 136, Statutes of 2017.

  2. Approved by the Governor.

  3. Enrolled and presented to the Governor at 12:45 p.m.

  4. Senate amendments concurred in. To Engrossing and Enrolling. (Ayes 50. Noes 24. Page 2589.).

  5. Assembly Rule 63 suspended. (Ayes 50. Noes 19. Page 2585.)

  6. Assembly Rule 77(a) suspended.

  7. In Assembly. Concurrence in Senate amendments pending. May be considered on or after July 19 pursuant to Assembly Rule 77.

  8. Read third time. Passed. Ordered to the Assembly. (Ayes 27. Noes 13. Page 2068.).

  9. Ordered to third reading.

  10. From committee: Do pass. (Ayes 5. Noes 2.) (July 17).

  11. From committee chair, with author's amendments: Amend, and re-refer to committee. Read second time, amended, and re-referred to Com. on APPR.

  12. From committee: Do pass and re-refer to Com. on APPR. (Ayes 5. Noes 2.) (July 13). Re-referred to Com. on APPR.

  13. Joint Rule 62(a) suspended. (Ayes 27. Noes 11. Page 2012.)

  14. Re-referred to Com. on EQ.

  15. From committee chair, with author's amendments: Amend, and re-refer to committee. Read second time, amended, and re-referred to Com. on RLS.

  16. Referred to Com. on RLS.

  17. In Senate. Read first time. To Com. on RLS. for assignment.

  18. Read third time. Passed. Ordered to the Senate. (Ayes 69. Noes 0. Page 1621.)

  19. Read second time. Ordered to Consent Calendar.

  20. From committee: Do pass. To Consent Calendar. (Ayes 6. Noes 0.) (May 10).

  21. In committee: Hearing postponed by committee.

  22. Re-referred to Com. on ED.

  23. From committee chair, with author's amendments: Amend, and re-refer to Com. on ED. Read second time and amended.

  24. Referred to Com. on ED.

  25. From printer. May be heard in committee March 17.

  26. Read first time. To print.

Sponsors

  • Robert Garcia · Cosponsor
  • Robert Garcia · Primary
  • Bocanegra · Cosponsor
  • Gonzalez Fletcher · Cosponsor
  • Atkins · Cosponsor
  • De León · Cosponsor
  • Bloom · Cosponsor
  • Chu · Cosponsor
  • Friedman · Cosponsor
  • Mike A. Gipson · Cosponsor
  • Hill · Cosponsor
  • Holden · Cosponsor
  • Hertzberg · Cosponsor
  • Jones-Sawyer · Cosponsor
  • Lara · Cosponsor
  • McCarty · Cosponsor
  • Al Muratsuchi · Cosponsor
  • Nazarian · Cosponsor
  • Quirk · Cosponsor
  • Eloise Gómez Reyes · Cosponsor
  • Santiago · Cosponsor
  • Skinner · Cosponsor
  • Weber · Cosponsor

Sponsorship breakdown

Export CSV (upgrade) →

1 sponsors · 22 co-sponsors · 99 not signed on · 13 voted No

Sponsors (1)

Co-sponsors (22)

Not signed on (99)

99 members have not signed on to this bill.

Show all 99 →

"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.

Whip count is in markup. Polling the chamber and every recorded vote this session. Only the first open is slow. It’s instant for you after this. Calling the roll · Tallying · Engrossing

Votes

Passed 27 Yea · 13 Nay
Party YeaNayPresentNot Voting
Unaffiliated 231200
Democratic 4100
Total 271300
% of votes cast 68%33%0%0%
How each member voted (40)
Member Party Vote
Anderson — Nay
Bradford — Yea
Hernandez — Yea
Lara — Yea
Leyva — Yea
Morrell — Nay
Skinner — Yea
Fuller — Nay
Glazer — Yea
Hertzberg — Yea
Monning — Yea
Roth — Yea
Allen — Yea
De León — Yea
Portantino — Yea
Atkins — Yea
Mitchell — Yea
Cannella — Nay
Galgiani — Yea
Hill — Yea
Hueso — Yea
Bates — Nay
Beall — Yea
Dodd — Yea
Mendoza — Yea
Moorlach — Nay
Newman — Yea
Nielsen — Nay
Pan — Yea
Vidak — Nay
Wieckowski — Yea
Wilk — Nay
Beth Gaines — Nay
Bill Berryhill — Nay
Mark Stone — Nay
Jackson, Corey A. Democratic Yea
McGuire, Mike Democratic Yea
Nguyen, Stephanie Democratic Nay
Stern, Henry I. Democratic Yea
Wiener, Scott D. Democratic Yea

Official roll call →

Passed 50 Yea · 24 Nay · 5 Other
Party YeaNayPresentNot Voting
Unaffiliated 381703
Democratic 12102
Republican 0600
Total 502405
% of votes cast 63%30%0%6%
How each member voted (79)
Member Party Vote
Acosta — Nay
Baker — Yea
Bigelow — Nay
Brough — Nay
Jones-Sawyer — Yea
Kiley — Nay
Levine — Yea
Low — Yea
Mathis — Nay
Mullin — Yea
O'Donnell — Yea
Rendon — Yea
Voepel — Nay
Weber — Yea
Eggman — Yea
Chu — Yea
Dababneh — Yea
Daly — Yea
Friedman — Yea
Gloria — Yea
Chiu — Yea
Cooper — Yea
Holden — Yea
Rubio — Yea
Bloom — Yea
Ridley-Thomas — Yea
Thurmond — Yea
Bocanegra — Yea
Burke — Yea
Gonzalez Fletcher — Yea
Frazier — Yea
Harper — Nay
Salas — Nay
Fong — Nay
Chau — Yea
Gray — Nay
Maienschein — Nay
Mayes — Not Voting
McCarty — Yea
Chávez — Not Voting
Cooley — Yea
Cunningham — Nay
Medina — Yea
Melendez — Nay
Nazarian — Yea
Obernolte — Nay
Quirk — Yea
Rodriguez — Yea
Santiago — Yea
Steinorth — Not Voting
Ting — Yea
Waldron — Nay
Wood — Yea
Cristina Garcia — Yea
Eduardo Garcia — Yea
Jim Patterson — Nay
Mark Stone — Yea
Travis Allen — Nay
Aguiar-Curry, Cecilia M. Democratic Yea
Arambula, Joaquin Democratic Yea
Berman, Marc Democratic Yea
Bonta, Mia Democratic Yea
Caballero, Anna M. Democratic Yea
Calderon, Lisa Democratic Yea
Cervantes, Sabrina Democratic Not Voting
Gipson, Mike A. Democratic Yea
Grayson, Timothy S. Democratic Yea
Irwin, Jacqui Democratic Not Voting
Kalra, Ash Democratic Yea
Limón, Monique Democratic Yea
Muratsuchi, Al Democratic Yea
Quirk-Silva, Sharon Democratic Nay
Reyes, Eloise Gómez Democratic Yea
Chen, Phillip Republican Nay
Choi, Steven S. Republican Nay
Dahle, Megan Republican Nay
Flora, Heath Republican Nay
Gallagher, James Republican Nay
Lackey, Tom Republican Nay

Official roll call →

Do pass

Passed 5 Yea · 2 Nay
Party YeaNayPresentNot Voting
Unaffiliated 4200
Democratic 1000
Total 5200
% of votes cast 71%29%0%0%
How each member voted (7)
Member Party Vote
Bradford — Yea
Lara — Yea
Nielsen — Nay
Hill — Yea
Bates — Nay
Beall — Yea
Wiener, Scott D. Democratic Yea

Official roll call →

Passed 69 Yea · 0 Nay · 11 Other
Party YeaNayPresentNot Voting
Democratic 13003
Unaffiliated 49008
Republican 7000
Total 690011
% of votes cast 86%0%0%14%
How each member voted (80)
Member Party Vote
Baker — Yea
Brough — Yea
Kiley — Yea
Maienschein — Yea
Mathis — Yea
Mayes — Yea
Mullin — Not Voting
O'Donnell — Yea
Rodriguez — Yea
Santiago — Not Voting
Steinorth — Yea
Waldron — Yea
Eggman — Yea
Cooley — Yea
Cooper — Yea
Cunningham — Yea
Dababneh — Yea
Daly — Yea
Frazier — Not Voting
Gloria — Not Voting
Gomez — Yea
Jones-Sawyer — Yea
Bigelow — Yea
Chiu — Yea
Chu — Yea
Melendez — Yea
Ridley-Thomas — Yea
Thurmond — Yea
Voepel — Yea
Rubio — Yea
Salas — Yea
Bocanegra — Yea
Burke — Yea
Gray — Yea
Harper — Yea
Low — Yea
McCarty — Yea
Medina — Yea
Obernolte — Yea
Weber — Yea
Chávez — Yea
Acosta — Yea
Bloom — Yea
Wood — Yea
Gonzalez Fletcher — Yea
Friedman — Not Voting
Chau — Not Voting
Holden — Not Voting
Levine — Yea
Nazarian — Yea
Quirk — Yea
Rendon — Not Voting
Ting — Yea
Cristina Garcia — Yea
Eduardo Garcia — Yea
Mark Stone — Yea
Travis Allen — Yea
Aguiar-Curry, Cecilia M. Democratic Not Voting
Arambula, Joaquin Democratic Yea
Berman, Marc Democratic Yea
Bonta, Mia Democratic Yea
Caballero, Anna M. Democratic Yea
Calderon, Lisa Democratic Not Voting
Cervantes, Sabrina Democratic Yea
Fong, Mike Democratic Yea
Gipson, Mike A. Democratic Not Voting
Grayson, Timothy S. Democratic Yea
Irwin, Jacqui Democratic Yea
Kalra, Ash Democratic Yea
Limón, Monique Democratic Yea
Muratsuchi, Al Democratic Yea
Quirk-Silva, Sharon Democratic Yea
Reyes, Eloise Gómez Democratic Yea
Chen, Phillip Republican Yea
Choi, Steven S. Republican Yea
Dahle, Megan Republican Yea
Flora, Heath Republican Yea
Gallagher, James Republican Yea
Lackey, Tom Republican Yea
Patterson, Joe Republican Yea

Official roll call →

Passed 6 Yea · 0 Nay · 1 Other
Party YeaNayPresentNot Voting
Unaffiliated 6001
Total 6001
% of votes cast 86%0%0%14%
How each member voted (7)
Member Party Vote
McCarty — Not Voting
Thurmond — Yea
Weber — Yea
Gloria — Yea
Kiley — Yea
Chávez — Yea
O'Donnell — Yea

Official roll call →

Subjects

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Frequently asked questions

What does AB 617 do?
(1) Existing law requires the State Air Resources Board to make available on its Internet Web site data concerning the emissions of greenhouse gases, criteria air pollutants, and toxic air contaminants, as specified. This bill would require the state board to develop a uniform statewide system of annual reporting of emissions of criteria air pollutants and toxic air contaminants for use by certain categories of stationary sources. The bill would require those stationary sources to report their annual emissions of criteria air pollutants and toxic air contaminants, as specified. (2) Existing law generally designates air pollution control and air quality management districts with the primary responsibility for the control of air pollution from all sources other than vehicular sources. Existing law authorizes the state board or an air district to require the owner or the operator of an air pollution emission source to take any action that the state board or the air district determines to be reasonable for the determination of the amount of air pollution emissions from that source. This bill would require the state board, by October 1, 2018, to prepare a monitoring plan regarding technologies for monitoring criteria air pollutants and toxic air contaminants and the need for and benefits of additional community air monitoring systems, as defined. The bill would require the state board to select, based on the monitoring plan, the highest priority locations in the state for the deployment of community air monitoring systems. The bill would require an air district containing a selected location, by July 1, 2019, to deploy a system in the selected location. The bill would authorize the air district to require a stationary source that emits air pollutants in, or that materially affect, the selected location to deploy a fence-line monitoring system, as defined, or other specified real-time, on-site monitoring. The bill would authorize the state board, by January 1, 2020, and annually thereafter, to select additional locations for the deployment of the systems. The bill would require air districts that have deployed a system to provide to the state board air quality data produced by the system. By increasing the duties of air districts, this bill would impose a state-mandated local program. The bill would require the state board to publish the data on its Internet Web site. This bill would require the state board, by October 1, 2018, to prepare and update, at least once every 5 years, a statewide strategy to reduce emissions of toxic air contaminants and criteria pollutants in communities affected by a high cumulative exposure burden. The bill would require the state board to select locations around the state for the preparation of community emissions reduction programs, and to provide grants to community-based organizations for technical assistance and to support community participation in the programs. The bill would require an air district containing a selected location, within one year of the state board's selection, to adopt a community emissions reduction program. By increasing the duties of air districts, this bill would impose a state-mandated local program. (3) Existing law requires air districts, prior to adopting rules to meet the requirement for best available retrofit control technology or for a specified feasible measure, to take specified actions, including, among others, identifying one or more potential control options that achieve the emissions reduction objectives for the rule. Existing law also authorizes a district to establish its own best available retrofit control technology requirement based upon the consideration of specified factors. This bill would require a district that is in nonattainment for one or more air pollutants to adopt an expedited schedule for the implementation of best available retrofit control technology, as specified. The bill would require the schedule to apply to each industrial source that, as of January 1, 2017, was subject to a specified market-based compliance mechanism and give highest priority to those permitted units that have not modified emissions-related permit conditions for the greatest period of time. This bill would require the state board to establish and maintain a statewide clearinghouse that identifies the best available control technology, best available retrofit control technology for criteria air pollutants, and related technologies for the control of toxic air contaminants. (4) Existing law establishes maximum criminal and civil penalties for any person, as defined, for violations of air pollution laws from nonvehicular sources. Existing law generally establishes the maximum criminal and civil penalties at $1,000, unless otherwise specified. This bill would increase the maximum for the generally applicable criminal and civil penalties under these provisions to $5,000. The bill would annually adjust maximum penalties for violations of these laws based on the California Consumer Price Index. (5) 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.
Who sponsors AB 617?
AB 617 is sponsored by Garcia, Robert (Democratic), Bocanegra, Gonzalez Fletcher, Atkins, De León, Bloom, Chu, Friedman, Gipson, Mike A. (Democratic), Hill, Holden, Hertzberg, Jones-Sawyer, Lara, McCarty, Muratsuchi, Al (Democratic), Nazarian, Quirk, Reyes, Eloise Gómez (Democratic), Santiago, Skinner, and Weber.
What is the current status of AB 617?
This bill has been enacted into law. Introduced February 14, 2017. Enacted.
Where can I track AB 617?
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