AB 935

Bill Subjects

Abstract

(1) Under existing law, the Division of Oil, Gas, and Geothermal Resources in the Department of Conservation regulates the drilling, operation, maintenance, and abandonment of oil and gas wells in the state. Existing law defines various terms for those purposes, including "production facility." This bill would define the term "sensitive production facility" for those purposes to mean a production facility that is located within certain areas, including, among others, an area containing a building intended for human occupancy that is located within 2,500 feet of the production facility. The bill would require the division, on or before January 1, 2021, to review and evaluate, and update as appropriate, its existing regulations regarding sensitive production facilities, as specified. (2) Existing law generally designates air pollution control and air quality management districts (air districts) with the primary responsibility for the control of air pollution from all sources other than vehicular sources. Existing law requires a refinery-related community air monitoring system, as defined, to be installed on or before January 1, 2020, as specified, and requires an air district to design, develop, install, operate, and maintain the refinery-related community air monitoring system or to contract with a 3rd party to provide those services. Existing law requires an owner or operator of a petroleum refinery to develop, install, operate, and maintain a fence-line monitoring system, as defined, on or before January 1, 2020, as specified. Existing law requires the State Air Resources 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. Existing law requires the state board, based on the monitoring plan, to select the highest priority locations in the state for the deployment of community air monitoring systems, and requires an air district containing a selected location to deploy a community air monitoring system in the selected location by July 1, 2019. Existing law requires air districts to provide to the state board the air quality data produced by the community air monitoring systems, and requires the state board to publish that air quality data on its internet website. The Planning and Zoning Law, among other things, requires the legislative body of each county and city to adopt a comprehensive, long-term general plan for the physical development of the county or city and of any land outside its boundaries that relates to its planning, and provides for the adoption and administration of zoning laws, ordinances, rules, and regulations by counties and cities. This bill would authorize a city or county, as part of its authority over land use permitting and after consultation with the relevant air districts, to (A) develop and adopt air monitoring plans, (B) require, after the adoption of an air monitoring plan, the installation of continuous and periodic monitoring systems for hydrocarbon emissions from nonrefinery stationary sources, and (C) impose reasonable charges on nonrefinery sources of hydrocarbon emissions within the city's or county's respective jurisdiction as necessary to cover the cost of developing, adopting, implementing, and enforcing those air monitoring plans, including the installation of continuous and periodic monitoring systems for hydrocarbon emissions from nonrefinery stationary sources.