New environmental law focuses on public health
Many of the environmentally focused bills signed by governors this year include ways to alleviate health disparities faced by frontline communities.
The California State Legislature has entered its offseason. Governor Newsom has until Monday, September 30th to sign or veto the bill passed by the Legislature and sent to the governor’s desk. According to CalMatters, at the final tally of bills, Governor Newsom vetoed about 18% of the roughly 1,000 bills that came to his desk on the last day of the session, or nearly one in five. Considering all bills introduced throughout the year, the overall veto rate for the 2024 session was 16% out of a total of 1,200 bills, according to CalMatters. The veto rate in 2024 will be at the same level as the previous year.
The period after the signature deadline was unusual, and the governor convened a special legislative session to draft legislation to prevent soaring gasoline prices. This followed a session filled with many provocative and controversial issues, including AI, reparations, and criminal justice reform. Despite the wide range of issues Congress addressed, many innovative environmental protection issues were advanced, particularly those aimed at addressing environmental health challenges in the most disadvantaged communities. Let’s take a look at which of the environmental bills I’ve been tracking at Legal Planet have been touchdowns and which have been ignored.
Congressional Bill:
A major focus of California’s environmental regulations is on ways to reduce health disparities faced by communities on the front lines of environmental stress. Governor Newsom signed Rep. Mia Bonta’s AB 2851. This bill would create fence-line air quality monitoring for metal crushing facilities, which are often located in disadvantaged areas. Data collected from this system will help identify contaminants that impact human health in the communities surrounding these facilities, creating evidence-based solutions to protect and improve human health. You will be able to do it.
In another victory for the environment and human health in underserved communities in California, Rep. Laura Friedman’s AB 1963, which featured paraquat dichloride, was signed into law. The Environmental Working Group detailed how Palcote disproportionately threatens California’s low-income Latino communities. The bill began as a ban, but faced strong opposition. The Pesticides Regulatory Agency is currently required to submit a re-evaluation of the herbicide paraquat dichloride by January 1, 2029.
Strengthening health and safety measures around oil and gas facilities was another important environmental issue Congress took up this session. The three bills aim to combat the harm these facilities pose to human health, once again targeting the hardest-hit, disadvantaged communities of color. The target is I have discussed these bills, AB 3233 (Rep. Dawn Addis), AB 1866 (Rep. Greg Hart), and AB 2716 (Rep. Isaac Bryan) in the past few posts here and here. All three bills have been signed by Governor Newsom, and my colleague Julia Stein wrote about AB 3233 and how it creates a clear path for regional phase-out efforts in a recent post. I focus and explain.
A notable veto, Rep. Gail Pellerin’s AB 2513, would add warning labels about the health effects of gas stoves with the words “Warning: Gas stoves contain nitrogen dioxide, benzene, carbon monoxide, formaldehyde, and other harmful pollutants.” into the air and can be toxic to people and pets. Exhaust from stoves, especially gas stoves, is associated with an increase in respiratory illnesses in young children and those with asthma. People with heart or lung diseases are especially susceptible to the toxic effects of combustion pollutants. To reduce the risk of breathing in harmful fumes, allow ventilation of the area and open gas stoves or ranges. Please turn on the ventilation hood when using it.” In the governor’s veto message, he called this a “static approach” and “insufficient in allowing for timely updates.” ”. We will be watching to see how this issue comes up again in the next session, as this is part of a broader discussion on moving away from gas appliances to reduce indoor pollution.
Senate bill:
Most of the bills I discussed in my previous Legal Planet post, “Environmental Bills at the 10-Yard Line,” would phase out the sale of leaded aviation fuel and prohibit its sale after January 1, 2031. including Sen. Caroline Menjivar’s SB 1193, which was signed by the governor. Senator Menjivar expressed the importance of this bill to the health impacts of people living in areas adjacent to airports. According to her press release at the time of the bill’s introduction, “A 2021 study found that children living less than a mile from an airport had lower levels of lead in their blood than children living further away.” “Concentrations were found to be 21% higher.”Also, when airports are located in areas with large populations of people and low-income families, emissions are further exacerbated by other environmental hazards concentrated in those areas. I will. ” This passage is another move to protect the health of California’s disadvantaged frontline communities.
SB 1420, authored by Sen. Anna Caballero, would streamline hydrogen production within California as the state looks to this technology in its transition to clean energy. Also, Sen. Scott Wiener’s SB 960 is a victory for California bicyclists and pedestrians. The bill would require state highway projects overseen by Caltrans to include pedestrian, bicycle and transit facilities.
SB 1221, authored by Sen. Dave Ming, discussed in a previous post, was a priority bill for California environmental voters. This legislation will prioritize investments in disadvantaged communities in our efforts to reach net zero by 2045. My colleague Dennis Grubb, who directs the Emerging Energy Law and Policy Project at the Emmet Institute, digs deeper in his recent Legal Planet post SB 1221 is Law. . This is the era of regional electrification.
In an effort to combat the environmental impact of “fast fashion,” Governor Newsom signed the nation’s first bill requiring retailers to take back used clothing. SB 707, authored by Sen. Josh Newman, aims to reduce the millions of tons of old items ending up in landfills. We are now watching to see if California’s first-in-the-nation bill will catch on nationally and once again demonstrate that California is an innovative leader in environmental initiatives.
A series of companion bills banning plastic to-go bags also passed thanks to SB 1053 (Sen. Katherine Breakspear) and AB 2236 (Rep. Rebecca Bauer-Kahan). You’re right in thinking this was already the law in California, but this law would close a loophole that allowed stores to offer thicker “reusable” plastic bags. The law would eliminate the plastic bag option and require stores to offer paper bags instead.
One notable veto was SB 615, authored by Sen. Ben Allen, which called for the creation of Extended Producer Responsibility (EPR) for EV batteries. The governor’s veto message spotlighted how California is leading a revolution toward a zero-emissions transportation future. He commented that he agrees with the intent of the bill and encourages further dialogue among stakeholders, so we will continue to follow this issue as it is likely to come up again next year. I plan on tracking it. Check out my colleague Julia Stein’s post making the case for why we need a circular economy for EV batteries.
As in previous years, California has proven to be innovative in its environmental laws. Congress once again took important steps to eliminate environmental burdens in our most disadvantaged and vulnerable communities. The state is also taking important steps to advance creative solutions to our most pressing climate challenges. We still have to wait and see how voters do with Proposition 4, a climate bond on California’s ballot.
Let us know your thoughts on these bills in the comments section below. Also, as plans are currently underway to develop a legislative package, please feel free to share what you think legislators should consider next year. looking forward to hearing from you. I’ll be back in January to do an early preview of the bill, predicting what it will look like heading into the 2025 session. Stay tuned as we welcome many new state legislators to Sacramento who come to Sacramento with fresh ideas about the issues they want to address. As always, please contact us at (email protected).
