Cal. HSC § 42705.5 — California Code / Code hsc / Division 26 / Part 4 / Chapter 5 / Section 42705.5
Section 42705.5
Status: in_force

(a) For purposes of this section, the following definitions and related provisions shall apply:

(1) “Community air monitoring system” means advanced sensing monitoring equipment that measures and records air pollutant concentrations in the ambient air at or near sensitive receptor locations and in disadvantaged communities and that may be useful for estimating associated pollutant exposures and health risks, determining trends in air pollutant levels over time, and in supporting enforcement efforts.

(2) “Disadvantaged community” means a community identified as disadvantaged pursuant to Section 39711.

(3) “Fence-line monitoring system” means 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.

(4) “Nonattainment pollutant” has the same meaning as in Section 39607.1.

(5) “Sensitive receptors” includes hospitals, schools and day care centers, and such other locations as the district or state board may determine.

(6) “Stationary source” has the same meaning as in Section 39607.1.

(b) On or before October 1, 2018, the state board shall prepare, in consultation with the Scientific Review Panel on Toxic Air Contaminants, the districts, the Office of Environmental Health Hazard Assessment, environmental justice organizations, affected industries, and other interested stakeholders, a monitoring plan regarding the availability and effectiveness of toxic air contaminant and criteria air pollutant advanced sensing monitoring technologies and existing community air monitoring systems, as well as the need for and benefits of establishing additional community air monitoring systems. In preparing the monitoring plan, the state board shall conduct at least one public workshop in each of the northern, central, and southern parts of the state.

(c) (1) Based on findings and recommendations in the monitoring plan prepared pursuant to subdivision (b), the state board shall select, concurrent with the monitoring plan, in consultation with the districts and based on an assessment of the locations of sensitive receptors and disadvantaged communities, the highest priority locations around the state to deploy community air monitoring systems, which shall be communities with high exposure burdens for toxic air contaminants and criteria air pollutants. By July 1, 2019, any district containing a location selected pursuant to this subdivision shall deploy a community air monitoring system in the selected location or locations. In implementing this subdivision, the district may require any stationary source that emits pollutants in, or that materially affect, the highest priority locations identified pursuant to this subdivision to deploy a fence-line monitoring system or other appropriate real-time, on-site monitoring, taking into account technical capabilities, cost, and the degree to which additional data would materially contribute to an understanding of community risk.

(2) Subject to available funding, monitoring in a location selected under this subdivision shall be active for no fewer than five years, with an option for the district and the state board to agree to extend active monitoring for additional five-year periods, as necessary.

(d) Subject to available funding, by January 1, 2020, and January 1 of every year thereafter, the state board shall select additional locations pursuant to subdivision (c), as the state board deems appropriate based on the monitoring plan described in subdivision (b). Any district containing a location selected pursuant to this subdivision shall deploy a community air monitoring system in the selected location within one year of the state board selecting the location. The state board shall hold an annual public hearing on the status of implementing the network of community air monitoring systems and make recommendations for improvements.

(e) Subject to available funding, by July 1, 2026, and every five years thereafter, the state board shall update the monitoring plan detailed in subdivision (b). The update shall be considered and approved by the state board before it is implemented.

(f) Subject to available funding, the districts shall provide to the state board the air quality data produced by the community air monitoring systems deployed pursuant to this section. The state board shall publish the air quality data on its internet website.

(g) (1) Notwithstanding Section 10231.5 of the Government Code, by March 1, 2027, and annually thereafter, the state board, in consultation with the districts, shall report to the appropriate subcommittees of the budget committee of each house of the Legislature about the progress the state board and the districts have made in implementing this section. This report shall include, but is not limited to, all of the following:

(A) The status of implementation in each selected community.

(B) Best practices identified.

(C) Lessons learned through implementation.

(D) Enforcement activities.

(E) Any outcome data that is available, either through air monitoring or other means, including, but not limited to, achieved emissions reductions.

(F) A report of expenditures made in furtherance of this section.

(2) A report submitted to the Legislature pursuant to this subdivision shall also be submitted in compliance with Section 9795 of the Government Code.

(3) The chair of the state board and the executive directors or air pollution control officers of the relevant districts shall appear before the relevant policy committees or budget subcommittees of the Legislature, upon request of the chair of those committees, to present on the progress in implementing this section. This presentation may be done at a hearing that is held jointly with the relevant Assembly and Senate standing committees.