2023-08-15 CC Agenda - Additional Information related to Hyperon Update08/14/23 12:03 PM
71357 RN 23 19577 PAGE 1
Substantive
AMENDMENTS TO ASSEMBLY BILL NO. 1216
AS AMENDED IN ASSEMBLY APRIL 26, 2023
(1)
2027,
Amendment 1
On page 3, in line 14, after "(b)" insert:
Amendment 2
On page 3, in line 14, strike out "2025," and insert:
Amendment 3
On page 3, in line 17, strike out "in accordance with guidance developed" and
insert:
that is approved
Amendment 4
On page 3, in line 21, strike out "nitrogen oxides, and volatile organic
compounds"
Amendment 5
On page 3, in line 23, after the first "appropriate" insert:
air quality management
Amendment 6
On page 3, between lines 23 and 24, insert:
(2) Nothing in this section shall be construed as altering the responsibility of an
owner or operator of a wastewater treatment facility to not exceed the limits for nitrogen
oxides and volatile organic compounds established in existing air quality regulations,
as determined by source tests required to be conducted by the operator or conducted
by the appropriate air quality management district. Source testing by the owner or
operator, or a contractor, shall be conducted pursuant to a protocol approved by the
appropriate air quality management district.
71357
(1)
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Substantive
Amendment 7
On page 3, in line 24, after "(c)" insert:
Amendment 8
On page 3, in lines 28 and 29, strike out "district in accordance with the district's
guidance. To" and insert:
district.
(2) The air quality management district and the owner or operator of a wastewater
treatment facility shall maintain records of data from a wastewater treatment -related
fence -line monitoring system for at least three years. To
Amendment 9
On page 3, in line 29, strike out "these" and insert:
wastewater treatment -related fence -line monitoring
Amendment 10
On page 3, in line 30, strike out "as quickly as possible" and insert:
by the owner or operator of a wastewater treatment facility
Amendment 11
On page 3, in line 31, strike out "format." and insert:
format that provides a real-time data display.
Amendment 12
On page 3, strike out lines 32 to 34, inclusive, in line 35, strike out "(e)" and
insert:
(d)
Amendment 13
On page 3, in line 36, strike out "the" and insert:
all of the following costs:
(1) The
71357
Amendment 14
On page 3, in line 36, after "with" insert:
development,
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RN 23 19577 PAGE 3
Substantive
Amendment 15
On page 3, in line 38, strike out "system pursuant to this", strike out line 39 and
insert:
system and source testing at the wastewater treatment facility.
(2) The costs associated with providing the data to the air quality management
district and the public as required pursuant to subdivision (c).
(3) All costs incurred by the air quality management district related to the
wastewater treatment -related fence -line monitoring system and source testing at the
wastewater treatment facility, including, but not limited to, any costs to review and
approve a wastewater treatment -related fence -line monitoring system plan, review
documentation, identify appropriate pollutants to monitor, and collect, process, analyze,
and store samples and data.
®1
PROPOSED AMENDMENTS RN 23 19577 04
08/14/23 12:03 PM
PROPOSED AMENDMENTS TO ASSEMBLY BILL NO. 1216 SUBSTANTIVE
AMENDED IN ASSEMBLY APRIL 26, 2023
AMENDED IN ASSEMBLY APRIL 13, 2023
AMENDED IN ASSEMBLY MARCH 16, 2023
CALIFORNIA LEGISLATURE-2023-24 REGULAR SESSION
ZZZZZZZM
ASSEMBLY BILL No. 1216
Introduced by Assembly Member Muratsuchi
(Principal coauthor: Senator Allen)
February 16, 2023
An act to add Section 42705.7 to the Health and Safety Code, relating
to air pollution.
LEGISLATIVE COUNSEL'S DIGEST
AB 1216, as amended, Muratsuchi. Wastewater treatment plants:
monitoring of air pollutants.
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 Air Resources Board or the air district to adopt
rules and regulations 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. Existing law requires
the air pollution control officer to inspect, as the officer determines
necessary, the monitoring devices installed in every stationary source
of air contaminants located within a jurisdiction that is required to have
those devices to ensure that the devices are functioning properly.
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PROPOSED AMENDMENTS RN 23 19577 04 08/14/23
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AB 1216 -2 - 08/14/23 12:03 PM
SUBSTANTIVE
Existing law authorizes the district to require reasonable fees to be paid
by the operator of that source to cover the expense of the inspection
and other costs related thereto. A person who violates these
requirements, or any rule, regulation, permit, or order of the state board
or of a district adopted pursuant to these requirements is guilty of a
misdemeanor and subject to a specified fine or imprisonment, or both
a fine and imprisonment, as provided.
This bill would require, on or before January 1,-2 23; 2027, the owner
or operator of a wastewater treatment facility that is located within
1,500 feet of a residential area and has an original design capacity of
425,000,000 gallons or more per day to develop, install, operate, and
maintain a wastewater treatment -related fence -line monitoring system
i-ft-ordanee with gtti4anee-develop approved by the appropriate
air quality management district. The bill would require the wastewater
treatment -related fence -line monitoring system to include equipment
capable of measuring pollutants of concern, " ;
as provided, emitted into the atmosphere that the appropriate air quality
management district deems appropriate for monitoring. The bill would
provide that it does not alter the responsibility of an owner or operator
of a wastewater treatment facility to not exceed limits for nitrogen
owes, oxides and volatile organic compounds emitted —to into the
atmosphere: t�;��ti et�tt
the—amepriate distriet1}
established in existing air quality regulations, as provided, and would
require source testing for these pollutants to be conducted pursuant to
a protocol approved by the appropriate air quality management district.
This bill would -also require the owner or operator of a wastewater
treatment facility to collect real-time data from the wastewater
treatment -related fence -line monitoring system, to maintain records of
that -data-, data for at least 3 years, and to transmit -the that data to the
appropriate air quality management disimet in aetor
��� district. In addition, the bill would require, to the
extent feasible, the data generated by these systems to be provided to
the public-asin a publicly accessible fonnat.fiormat
that provides a real-time data display.
This bill also would require the owner or operator of a wastewater
treatment facility to be responsible for specified costs related to the
wastewater treatment -related fence -line monitoring system, including
all costs incurred by the air quality management district related to the
wastewater treatment -related fence -line monitoring system and source
96
PROPOSED AMENDMENTS RN 23 19577 04 08/14/23
Page 2
Page 3
PROPOSED AMENDMENTS RN 23 19577 04
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SUBSTANTIVE
testing at the wastewater treatment facility, and the costs associated
with providing the required data to the air quality management district
and the public.
By adding to the duties of air districts and by expanding the scope of
crimes, this 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 specified reasons.
Vote: majority. Appropriation: no. Fiscal committee: yes.
State -mandated local program: yes.
The people of the State of California do enact as follows:
1 SECTION 1. Section 42705.7 is added to the Health and Safety
2 Code, to read:
3 42705.7. (a) For purposes of this section, the following
4 definitions apply:
1 (1) "Wastewater treatment facility" means a wastewater
2 treatment or reclamation facility that comes within both of the
3 following descriptions:
4 (A) Is located within 1,500 feet of a residential neighborhood.
5 (B) Has an original design capacity of 425,000,000 gallons or
6 more per day.
7 (2) "Wastewater treatment -related fence -line monitoring system"
8 means equipment that measures and records air pollutant
9 concentrations at or adjacent to a wastewater treatment facility
10 and that may be useful for detecting or estimating emissions of
11 pollutants from the treatment facility, including the quantity of
12 fugitive emissions and other air emissions, and meets the minimum
13 requirements of the appropriate air quality management district.
14 (b) (1) On or before January 1,2025, 2027, the owner or Amendments 1 & 2
15 operator of a wastewater treatment facility shall develop, install,
16 operate, and maintain a wastewater treatment -related fence -line
17 monitoring system with giHidenee developed that is Amendment 3
18 approved by the appropriate air quality management district. The
19 wastewater treatment -related fence -line monitoring system shall
20 include equipment capable of measuring pollutants of concern,
21 including hydrogen sulfide, oxides, Amendment 4
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1216 — 4 —
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SUBSTANTIVE
Page 3 22
e tri emitted to the atmosphere from wastewater treatment
23
or reclamation processes that the appropriate air quality
Amendment 5
+
management district deems appropriate for monitoring.
Amendment 6
+
(2) Nothing in this section shall be construed as altering the
+
responsibility of an owner or operator of a wastewater treatment
+
facility to not exceed the limits for nitrogen oxides and volatile
+
organic compounds established in existing air quality regulations,
+
as determined by source tests required to be conducted by the
+
operator or conducted by the appropriate air quality management
+
district. Source testing by the owner or operator, or a contractor,
+
shall be conducted pursuant to a protocol approved by the
+
appropriate air quality management district.
24
(c) (1) The owner or operator of a wastewater treatment facility
Amendment 7
25
shall collect real-time data from the wastewater treatment -related
26
fence -line monitoring system, shall maintain records of that data,
27
and shall transmit the data to the appropriate air quality
28
management " strie wee;
Amendment 8
29
To district.
Amendment 9
+
(2) The air quality management district and the owner or
+
operator of a wastewater treatment facility shall maintain records
+
of data from a wastewater treatment -related fence -line monitoring
+
system for at least three years. To the extent feasible, the data
+
generated by —these wastewater treatment -related fence -line
30
monitoring systems shall be provided to the public
Amendment 10
+
pstle by the owner or operator of a wastewater treatment facility
31
in a publicly accessible Format. format that provides a real-time
Amendment 11
+
data display.
32p
Amendment 12
33
slrll-t erap
34
-firt led pffla—LLa s..
35
(ej
+
(d) The owner or operator of a wastewater treatment facility
36
shall be responsible fore all of the following costs:
Amendments 13 & 14
37
(1) The costs associated with development, installation,
38
maintenance, and operation of a wastewater treatment -related
Amendment 15
39
fence -line monitoring . system and
+
source testing at the wastewater treatment facility.
+
(2) The costs associated with providing the data to the air
+
quality management district and the public as required pursuant
+
to subdivision (c).
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PROPOSED AMENDMENTS RN 23 19577 04 08/14/23
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PROPOSED AMENDMENTS RN 23 19577 04
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SUBSTANTIVE
+ (3) All costs incurred by the air quality management district
+ related to the wastewater treatment -related fence -line monitoring
+ system and source testing at the wastewater treatment facility,
+ including, but not limited to, any costs to review and approve a
+ wastewater treatment -related fence -line monitoring system plan,
+ review documentation, identify appropriate pollutants to monitor,
+ and collect, process, analyze, and store samples and data.
1 SEC. 2. No reimbursement is required by this act pursuant to
2 Section 6 of Article XIIIB of the California Constitution because
3 a local agency or school district has the authority to levy service
4 charges, fees, or assessments sufficient to pay for the program or
5 level of service mandated by this act or because costs that may be
6 incurred by a local agency or school district will be incurred
7 because this act creates a new crime or infraction, eliminates a
8 crime or infraction, or changes the penalty for a crime or infraction,
9 within the meaning of Section 17556 of the Government Code, or
10 changes the definition of a crime within the meaning of Section 6
11 of Article XIII B of the California Constitution.
U
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