Bay Area Air Quality Management District and South Coast Air Quality Management District: policies: oil refineries.
What changed between versions
Section 40004.5 now includes a hard deadline of December 31, 2027 for completing the policy analysis, and adds a new subdivision (b) requiring both districts to make a good faith effort to minimize adverse impacts by January 1, 2028.
Section 40004.5 now specifies four particular policies that must be analyzed: BAAQMD Regulation 3 fees, BAAQMD Regulation 6 Rule 5, SCAQMD Regulation III fees, and SCAQMD Rule 1109.1.
The amended Section 40728.5 requires district boards to actively consider socioeconomic impacts and make a good faith effort to minimize adverse socioeconomic impacts before adopting, amending, or repealing refinery-related rules.
A new Section 3 amends Health and Safety Code Section 40728.5 to expand the definition of 'socioeconomic impact' for oil refinery-related rules by BAAQMD and SCAQMD to include cost to consumers, impacts on state and local tax revenue, and impacts on statewide gasoline supply.
A new exemption is added to Section 40728.5: county districts are not required to include certain analyses (cost-effectiveness of alternatives and emission reduction potential) for rules that are substantially similar to or required by state or federal statutes, regulations, or formal guidance documents such as federal Control Techniques Guidelines, RACT determinations, BART determinations, and air toxic control measures.
A new exemption is added to Section 40728.5: the section does not apply to rules that result in less restrictive emissions limits, provided the action does not interfere with the district's adopted plan to attain ambient air quality standards or cause a significant increase in emissions.
The prior version's Section 1 stated only the Legislature's 'intent to enact subsequent legislation' for accountability and oversight of the two districts. This aspirational language was removed and replaced with binding requirements and deadlines.
Fiscal committee review changed from 'no' to 'yes' and state-mandated local program designation changed from 'no' to 'yes', reflecting that the new binding requirements on local districts now trigger potential state reimbursement obligations under the California Constitution.