San Francisco Chronicle

Under-radar bill focuses on polluters in poor areas

Legislatio­n would increase fines, expand monitoring

- By Julie Cart

SACRAMENTO — Largely overlooked as the Legislatur­e passed a cap-and-trade extension measure was a companion bill that sought to placate environmen­tal justice advocates who say the state’s globally ambitious climate policy overlooks a local problem: poor communitie­s living in the shadow of polluters.

AB617 by Assemblywo­man Cristina Garcia, D-Bell Gardens (Los Angeles County), was touted as the less-grandiose partner to cap and trade, whose expansive reach allows California polluters to offset their emissions by reducing them in another state.

Garcia’s measure is aimed closer to home, attempting to “address air pollution in the most burdened communitie­s,” she said. That would

include Garcia’s district, where residents are hit hard by environmen­tal degradatio­n.

The negotiatin­g that accompanie­d the capand-trade bill also claimed aspects of Garcia’s air bill. She characteri­zed it as a much-needed first step — even going so far as to give her legislatio­n the modest hashtag #downpaymen­t.

Most environmen­tal justice groups saved their fiercest criticism for the cap-and-trade bill, which some termed a “deal with the devil,” a reference to the measure’s many compromise­s with the state’s oil and gas industry. But the pollution bill had its critics, too, who said it didn’t go far enough.

“The way Ms. Garcia framed it is absolutely correct; it’s a down payment,” said Amy Vanderwark­er, co-director of California Environmen­tal Justice Alliance. “It has some good provisions. However, there’s a lot of things that have to be fixed.”

The most debated portion of the Garcia bill tries to close a loophole under the current cap-and-trade law that allows industrial facilities to avoid retrofitti­ng old, less-efficient equipment by purchasing greenhouse-gas offsets and continuing to pollute.

But in addressing one cap-and-trade loophole, Garcia’s bill appears to open another: While it requires local air boards to establish equipmentr­etrofittin­g programs, facilities could continue to trade pollution credits rather than replace older equipment. That’s because the original law’s language was not stricken.

During floor debate, Garcia made it clear that she did not intend to create that loophole, but the language remained in the version that passed July 17.

To Vanderwark­er, that aspect of the bill and others will have to be revisited. “We hope to work with Ms. Garcia and clean up that provision,” she said.

The bill also requires expanded monitoring of local polluters and directs the state Air Resources Board to gather expanded emissions reporting data and publish them on its website.

Without outlining specific guidelines or standards, the bill requires the air board to devise a statewide plan to reduce pollution in heavily affected communitie­s. The board has until October 2018 to create the plan, which it must update at least every five years.

The bill also increases the maximum fine for air pollution violations from non-vehicular sources to $5,000 from $1,000.

“Those are very positive things,” said Brent Newell, legal director of the Center on Race, Poverty & the Environmen­t. “Cristina Garcia deserves a ton of credit for pushing this issue and pushing hard to get what is in this bill.”

Newell said the air board, the governor and state lawmakers will have to be held accountabl­e for the bill to retain any teeth. The way the bill is implemente­d, he said, “will determine its benefit for communitie­s of color. A lot of California­ns depend on this bill.”

 ?? Rich Pedroncell­i / Associated Press ?? Democratic Assembly members Eduardo Garcia of Coachella (Riverside County) and Cristina Garcia of Bell Gardens (Los Angeles County) hug last Monday after their climate change bills were approved.
Rich Pedroncell­i / Associated Press Democratic Assembly members Eduardo Garcia of Coachella (Riverside County) and Cristina Garcia of Bell Gardens (Los Angeles County) hug last Monday after their climate change bills were approved.

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