May 23, 2023
City Council
DATE: May 23, 2023
TO: Mayor Martinez and Members of the City Council
FROM:
Councilmember Jimenez
Subject:
Resolution in Support of AB617 Community Air
Protection Program
FINANCIAL IMPACT: There is no fiscal impact of supporting the Community Air Protection Program
PREVIOUS COUNCIL
ACTION:
7/10/2010 Adopted Reso 88-10 opposing Prop 23
10/25/16 Adopted final Climate Action Plan
7/24/2018 Est a goal of becoming a fossil fuel free city 5/24/2022 Adopted Reso 67-22 Reaffirming climate
emergency
STATEMENT OF THE
ISSUE:
Richmond is one of the most polluted cities in the state.
The goals of AB 617 Community Air Protection Program
provide a road map to reduce pollution and improve
regulation.
RECOMMENDED ACTION:
RECEIVE a presentation from Bay Area Air Quality
Management District Boardmembers Marisol Cantu and
Jeffrey Kilbreth; and ADOPT a resolution in support of
AB617 Community Air Protection Program.
Councilmember Claudia Jimenez (510-620-6565)
AGENDA
REPORT
May 23, 2023
DISCUSSION:
In response to AB617 (C. Garcia, Chapter 136, Statutes of 2017), CARB established the Community Air Protection Program (CAPP or Program). The Program’s focus is to reduce exposure in communities most impacted by air pollution. Communities around the State are working together to develop and implement new strategies to measure air pollution and reduce health impacts. The Richmond-North Richmond-San Pablo Community Steering Committee has been working to develop a Community Emissions Reduction Plan with Bay Area Air Quality Management District (BAAQMD).
It is a well-known fact that Richmond is one of the most polluted communities in the state. Seventy-five per cent of our census tracts are in the top 10% for asthma state- wide. This important legislation provides us with the best opportunity we’ve ever had to reduce pollution significantly and to improve regulation and drive continuous reductions.
The Richmond and San Pablo City Councils have roles to play in making this a success.
The presentation will focus on providing a view of the emerging top strategies and the timetable for community education and engagement and plan approval at the BAAQMD and CARB board levels.
As members of the AB 617 Community Steering Committee for Richmond, North Richmond and San Pablo, we are also in support of Assemblymember Buffy Wicks’ AB 1465. To significantly reduce pollution in our community, we will need many strategies.
One of them involves significantly stiffening penalties on refineries that violate California environmental regulations, which AB 1465 would address. In the past four years, Chevron’s Richmond refinery has been responsible for more significant air quality violations than any other single source in BAAQMD’s nine-county territory. And more flaring incidents than any other refinery. Its major flaring incidents have increased by a factor of four since 2018. And we don’t even know how much “minor” flaring events have increased. These aren’t counted, even though they take a psychic toll on our community, above and beyond the pollution they may generate.
Councilmember Jimenez is asking the Richmond City Council to support AB617 and send a letter to Assemblymember Wick’s in support of AB 1465 Nonvehicular air pollution: civil penalties. Forcing refineries to improve their operational management is essential for public health, environmental justice, and regulatory effectiveness. AB 1465 needs to be passed.
Bill Text: Existing law prohibits a person from discharging from nonvehicular sources air contaminants or other materials that cause injury, detriment, nuisance, or annoyance to the public, or that endanger the comfort, repose, health, or safety of the public, or that cause, or have a natural tendency to cause, injury or damage to business or property, as specified. Existing law establishes maximum civil penalties for a person who violates air pollution laws from nonvehicular sources.
This bill would triple specified civil penalties, as provided, if the violation results from a discharge from a stationary source required by federal law to be included in an
May 23, 2023
operating permit program established pursuant to specified provisions of the federal Clean Air Act, the stationary source is a refinery, and the discharge contains or includes one or more toxic air contaminants, as identified by the State Air Resources Board. The bill would define “refinery” for this purpose.
DOCUMENTS ATTACHED:
Attachment 1 – Resolution
Attachment 2 – Sample Letter supporting AB 1465 Nonvehicular Air Pollution: civil penalties
Attachment 3 – Presentation Slides