SB 58: Air quality: standard: hydrogen sulfide.
- Session Year: 2025-2026
- House: Senate
- Latest Version Date: 2026-09-20
Current Status:
Passed
(2026-09-20: Chaptered by Secretary of State. Chapter 411, Statutes of 2026.)
Introduced
In Committee
Awaiting First Chamber Vote
Passed First Chamber
In Committee
Awaiting Second Chamber Vote
Passed Second Chamber
Enacted
What does this bill do?
The bill requires the State Air Resources Board to create a response framework to identify and reduce unregulated (fugitive) and natural sources of hydrogen sulfide gas and to guide communities and local and state agencies in preparing for and responding to exposure events. It directs the state's health science office (OEHHA) to update short‑ and long‑term exposure guidance for hydrogen sulfide and may add new health thresholds, and it requires public workshops including in the Tijuana River Valley and Salton Sea regions.
The summary is provided by generative AI which can make mistakes. For original language, please view the details in the table below.
Existing law generally designates the State Air Resources Board as the state agency with the primary responsibility for the control of vehicular air pollution, and designates air pollution control districts and air quality management districts with the primary responsibility for the control of air pollution from all sources other than vehicular sources. Existing law requires the state board to inventory sources of air pollution within the air basins of the state, determine the kinds and quantity of air pollutants, and monitor air pollutants in cooperation with districts and other agencies.
Existing law requires the state board to adopt standards of ambient air quality for each air basin in consideration of the public health, safety, and welfare, including, but not limited to, health, illness, irritation to the senses, aesthetic value, interference with visibility, and effects on the economy. Existing law authorizes these standards to vary from one air basin to another.
This bill would require the state board, in consultation with specified entities, to develop, as provided, a response framework that establishes best practices and guidance for addressing fugitive and natural sources of hydrogen sulfide gas and for community preparation and response to hydrogen sulfide exposure events originating from these sources. The bill would require the state board, in developing the response framework, to conduct at least 3 public workshops, including at least one located in the Tijuana River Valley region, at least one located in the Salton Sea region, and at least one selected in consultation with a community that has experienced significant hydrogen sulfide exposure. The bill would require the Office of Environmental Health Hazard Assessment to update the acute and chronic reference exposure levels for hydrogen sulfide and to develop additional health guidance values for hydrogen sulfide, if the need is identified by the state board, in consultation with the office, during development of the response framework.
Existing law generally designates the State Air Resources Board as the state agency with the primary responsibility for the control of vehicular air pollution, and designates air pollution control districts and air quality management districts with the primary responsibility for the control of air pollution from all sources other than vehicular sources. Existing law requires the state board to inventory sources of air pollution within the air basins of the state, determine the kinds and quantity of air pollutants, and monitor air pollutants in cooperation with districts and other agencies.
Existing law requires the state board to adopt standards of ambient air quality for each air basin in consideration of the public health, safety, and welfare, including, but not limited to, health, illness, irritation to the senses, aesthetic value, interference with visibility, and effects on the economy. Existing law authorizes these standards to vary from one air basin to another.
This bill would require the state board, in consultation with specified entities, to develop, as provided, a response framework that establishes best practices and guidance for addressing fugitive and natural sources of hydrogen sulfide gas and for community preparation and response to hydrogen sulfide exposure events originating from these sources. The bill would require the state board, in developing the response framework, to conduct at least 3 public workshops, including at least one located in the Tijuana River Valley region, at least one located in the Salton Sea region, and at least one selected in consultation with a community that has experienced significant hydrogen sulfide exposure. The bill would require the Office of Environmental Health Hazard Assessment to update the acute and chronic reference exposure levels for hydrogen sulfide and to develop additional health guidance values for hydrogen sulfide, if the need is identified by the state board, in consultation with the office, during development of the response framework.
Existing law generally designates the State Air Resources Board as the state agency with the primary responsibility for the control of vehicular air pollution, and designates air pollution control districts and air quality management districts with the primary responsibility for the control of air pollution from all sources other than vehicular sources. Existing law requires the state board to inventory sources of air pollution within the air basins of the state, determine the kinds and quantity of air pollutants, and monitor air pollutants in cooperation with districts and other agencies.
Existing law requires the state board to adopt standards of ambient air quality for each air basin in consideration of the public health, safety, and welfare, including, but not limited to, health, illness, irritation to the senses, aesthetic value, interference with visibility, and effects on the economy. Existing law authorizes these standards to vary from one air basin to another.
This bill would require the state board, in consultation with specified entities, to develop, as provided, a response framework that establishes best practices and guidance for addressing fugitive and natural sources of hydrogen sulfide gas and for community preparation and response to hydrogen sulfide exposure events originating from these sources. The bill would require the state board, in developing the response framework, to conduct at least 3 public workshops, including at least one located in the Tijuana River Valley region, at least one located in the Salton Sea region, and at least one selected in consultation with a community that has experienced significant hydrogen sulfide exposure. The bill would require the Office of Environmental Health Hazard Assessment to update the acute and chronic reference exposure levels for hydrogen sulfide and to develop additional health guidance values for hydrogen sulfide, if the need is identified by the state board, in consultation with the office, during development of the response framework.
Existing law generally designates the State Air Resources Board as the state agency with the primary responsibility for the control of vehicular air pollution, and designates air pollution control districts and air quality management districts with the primary responsibility for the control of air pollution from all sources other than vehicular sources. Existing law requires the state board to inventory sources of air pollution within the air basins of the state, determine the kinds and quantity of air pollutants, and monitor air pollutants in cooperation with districts and other agencies.
Existing law requires the state board to adopt standards of ambient air quality for each air basin in consideration of the public health, safety, and welfare, including, but not limited to, health, illness, irritation to the senses, aesthetic value, interference with visibility, and effects on the economy. Existing law authorizes these standards to vary from one air basin to another. Existing law requires the standards relating to health effects to be based upon the recommendations of the Office of Environmental Health Hazard Assessment.
This bill would require, on or before January 1, 2030, the office to develop health-based threshold levels for hydrogen sulfide. The bill would further authorize the office to develop threshold levels for additional air pollutants with the considerations specified for hydrogen sulfide upon an appropriation for this purpose from the Legislature. The bill would require the office require the state board, in consultation with specified entities, to develop, as provided, a response framework that establishes best practices and guidance for addressing fugitive and natural sources of hydrogen sulfide gas and for community preparation and response to hydrogen sulfide exposure events originating from these sources. The bill would require the state board, in developing the response framework, to conduct at least 3 public workshops, including at least one located in the Tijuana River Valley region, at least one located in the Salton Sea region, and at least one selected in consultation with a community that has experienced significant hydrogen sulfide exposure.
The bill would require the air pollution control districts and air quality management districts to adopt, and would authorize local environmental and public health agencies to consider, any threshold level later developed by the office pursuant to the bill. By imposing new duties on air pollution control districts and air quality management districts, the bill would impose a state-mandated local program. The bill would also authorize the state board to adopt additional or updated standards based on the threshold levels developed pursuant to the bill. The bill would additionally express the intent of the Legislature to develop guidelines that would require the state board, in consultation with specified entities, to develop a response framework to establish best practices and guidance based on the offices development of thresholds established pursuant to the bill.The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.This bill would provide that no reimbursement is required by this act for a specified reason.Existing law generally designates the State Air Resources Board as the state agency with the primary responsibility for the control of vehicular air pollution, and designates air pollution control districts and air quality management districts with the primary responsibility for the control of air pollution from all sources other than vehicular sources. Existing law requires the state board to inventory sources of air pollution within the air basins of the state, determine the kinds and quantity of air pollutants, and monitor air pollutants in cooperation with districts and other agencies.
This bill would require the state board to conduct a comprehensive review, as provided, of the current ambient air quality standard for hydrogen sulfide and adopt an updated standard, as necessary, to protect public health, including the health of sensitive and overburdened communities. The bill would require the state board to conduct at least 3 public workshops during the review, including at least one in the Tijuana River Valley region and one in the Salton Sea region. The bill would require the state board to consult with local air districts, the Office of Environmental Health Hazard Assessment, the State Department of Public Health, affected tribal governments, and community-based organizations. The bill would require the state board to publish, after completing the review, a publicly available report on its internet website and, no later than 12 months after publishing the report, to adopt an updated hydrogen sulfide ambient air quality standard, as necessary, to protect sensitive populations and overburdened communities.Existing law requires the state board to adopt standards of ambient air quality for each air basin in consideration of the public health, safety, and welfare, including, but not limited to, health, illness, irritation to the senses, aesthetic value, interference with visibility, and effects on the economy. Existing law authorizes these standards to vary from one air basin to another. Existing law requires the standards relating to health effects to be based upon the recommendations of the Office of Environmental Health Hazard Assessment.
This bill would require, on or before January 1, 2030, the office to develop health-based threshold levels for hydrogen sulfide. The bill would further authorize the office to develop threshold levels for additional air pollutants with the considerations specified for hydrogen sulfide upon an appropriation for this purpose from the Legislature. The bill would require the office to conduct at least 3 public workshops, including at least one located in the Tijuana River Valley region, at least one located in the Salton Sea region, and at least one selected in consultation with a community that has experienced significant hydrogen sulfide exposure.
The bill would require the air pollution control districts and air quality management districts to adopt, and would authorize local environmental and public health agencies to consider, any threshold level later developed by the office pursuant to the bill. By imposing new duties on air pollution control districts and air quality management districts, the bill would impose a state-mandated local program.
The bill would also authorize the state board to adopt additional or updated standards based on the threshold levels developed pursuant to the bill. The bill would additionally express the intent of the Legislature to develop guidelines that would require the state board, in consultation with specified entities, to develop a response framework to establish best practices and guidance based on the offices development of thresholds established pursuant to the bill.
The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.
This bill would provide that no reimbursement is required by this act for a specified reason.
Existing law generally designates the State Air Resources Board as the state agency with the primary responsibility for the control of vehicular air pollution, and designates air pollution control districts and air quality management districts with the primary responsibility for the control of air pollution from all sources other than vehicular sources. Existing law requires the state board to inventory sources of air pollution within the air basins of the state, determine the kinds and quantity of air pollutants, and monitor air pollutants in cooperation with districts and other agencies.
This bill would require the state board to conduct a comprehensive review, as provided, of the current ambient air quality standard for hydrogen sulfide and adopt an updated standard, as necessary, to protect public health, including the health of sensitive and overburdened communities. The bill would require the state board to conduct at least 3 public workshops during the review, including at least one in the Tijuana River Valley region and one in the Salton Sea region. The bill would require the state board to consult with local air districts, the Office of Environmental Health Hazard Assessment, the State Department of Public Health, affected tribal governments, and community-based organizations. The bill would require the state board to publish, after completing the review, a publicly available report on its internet website and, no later than 12 months after publishing the report, to adopt an updated hydrogen sulfide ambient air quality standard, as necessary, to protect sensitive populations and overburdened communities.
Existing sales and use tax laws impose taxes on retailers measured by the gross receipts from the sale of tangible personal property sold at retail in this state, or on the storage, use, or other consumption in this state of tangible personal property purchased from a retailer for storage, use, or other consumption in this state, and provide various exemptions from the taxes imposed by those laws. This bill would, on and after January 1, 2026, provide a partial exemption from those taxes with respect to the gross receipts from the sale, storage, use, installation, assembly, repair, maintenance, or other consumption of data center equipment, as defined, used at or for the benefit of a certified data center facility, as defined. The bill would require a data center facility to meet specified requirements in order to receive certification from the California Department of Tax and Fee Administration, including requirements relating to job creation, investment, and renewable energy procurement requirements. The bill would require the department to revoke certification where a data center facility obtains certification and subsequently fails to meet these requirements after reasonable opportunity for the data center facility to cure noncompliance, as provided. The Bradley-Burns Uniform Local Sales and Use Tax Law authorizes counties and cities to impose local sales and use taxes in conformity with the Sales and Use Tax Law, and existing laws authorize districts, as specified, to impose transactions and use taxes in accordance with the Transactions and Use Tax Law, which generally conforms to the Sales and Use Tax Law. Amendments to the Sales and Use Tax Law are automatically incorporated into the local tax laws.This bill would provide that the partial exemption created by the bill does not apply to local sales and use taxes or transactions and use taxes.Existing law imposes or dedicates certain state sales and use tax rates for local funding, including through the Local Revenue Fund 2011.This bill would provide that the exemption created by the bill does not apply to those state sales and use tax rates imposed or dedicated for local government funding, including those rates for which revenues are deposited into the Local Revenue Fund 2011.Existing law requires any bill authorizing a new tax expenditure to contain, among other things, specific goals that the tax expenditure will achieve, detailed performance indicators, and data collection requirements. This bill would include additional information required for any bill authorizing a new tax expenditure. This bill would take effect immediately as a tax levy.Existing sales and use tax laws impose taxes on retailers measured by the gross receipts from the sale of tangible personal property sold at retail in this state, or on the storage, use, or other consumption in this state of tangible personal property purchased from a retailer for storage, use, or other consumption in this state, and provide various exemptions from the taxes imposed by those laws.
This bill would, on and after January 1, 2025, 2026, provide a partial exemption from those taxes with respect to the gross receipts from the sale, storage, use, installation, assembly, repair, maintenance, or other consumption of data center equipment, as defined, used at or for the benefit of a certified data center facility, as defined. The bill would require a data center facility to meet specified requirements in order to receive certification from the California Department of Tax and Fee Administration, including requirements relating to job creation, investment, and renewable energy procurement requirements. The bill would require the department to revoke certification where a data center facility obtains certification and subsequently fails to meet these requirements after reasonable opportunity for the data center facility to cure noncompliance, as provided.
The Bradley-Burns Uniform Local Sales and Use Tax Law authorizes counties and cities to impose local sales and use taxes in conformity with the Sales and Use Tax Law, and existing laws authorize districts, as specified, to impose transactions and use taxes in accordance with the Transactions and Use Tax Law, which generally conforms to the Sales and Use Tax Law. Amendments to the Sales and Use Tax Law are automatically incorporated into the local tax laws.
This bill would provide that the partial exemption created by the bill does not apply to local sales and use taxes or transactions and use taxes.
Existing law imposes or dedicates certain state sales and use tax rates for local funding, including through the Local Revenue Fund 2011.
This bill would provide that the exemption created by the bill does not apply to those state sales and use tax rates imposed or dedicated for local government funding, including those rates for which revenues are deposited into the Local Revenue Fund 2011.
Existing law requires any bill authorizing a new tax expenditure to contain, among other things, specific goals that the tax expenditure will achieve, detailed performance indicators, and data collection requirements.
This bill would include additional information required for any bill authorizing a new tax expenditure.
This bill would take effect immediately as a tax levy.
Existing sales and use tax laws impose taxes on retailers measured by the gross receipts from the sale of tangible personal property sold at retail in this state, or on the storage, use, or other consumption in this state of tangible personal property purchased from a retailer for storage, use, or other consumption in this state, and provide various exemptions from the taxes imposed by those laws.
This bill would, on and after January 1, 2025, provide a partial exemption from those taxes with respect to the gross receipts from the sale, storage, use, installation, assembly, repair, maintenance, or other consumption of data center equipment, as defined, used at or for the benefit of a certified data center facility, as defined. The bill would require a data center facility to meet specified requirements in order to receive certification from the California Department of Tax and Fee Administration, including requirements relating to job creation, investment, and renewable energy procurement requirements. The bill would require the department to revoke certification where a data center facility obtains certification and subsequently fails to meet these requirements after reasonable opportunity for the data center facility to cure noncompliance, as provided.
The Bradley-Burns Uniform Local Sales and Use Tax Law authorizes counties and cities to impose local sales and use taxes in conformity with the Sales and Use Tax Law, and existing laws authorize districts, as specified, to impose transactions and use taxes in accordance with the Transactions and Use Tax Law, which generally conforms to the Sales and Use Tax Law. Amendments to the Sales and Use Tax Law are automatically incorporated into the local tax laws.
This bill would provide that the partial exemption created by the bill does not apply to local sales and use taxes or transactions and use taxes.
Existing law imposes or dedicates certain state sales and use tax rates for local funding, including through the Local Revenue Fund 2011.
This bill would provide that the exemption created by the bill does not apply to those state sales and use tax rates imposed or dedicated for local government funding, including those rates for which revenues are deposited into the Local Revenue Fund 2011.
Existing law requires any bill authorizing a new tax expenditure to contain, among other things, specific goals that the tax expenditure will achieve, detailed performance indicators, and data collection requirements.
This bill would include additional information required for any bill authorizing a new tax expenditure.
This bill would take effect immediately as a tax levy.
The Legislature finds and declares all of the following:
(a)Hydrogen sulfide is a colorless, highly toxic gas with a strong odor detectable at very low concentrations.
(b)The state board adopted a one-hour ambient air quality standard of 0.03 parts per million (30 parts per billion) for hydrogen sulfide in 1969, primarily to address odor nuisances, rather than chronic or long-term public health effects.
(c)Exposure to hydrogen sulfide is associated with headache, nausea, respiratory irritation, nasal symptoms, and neurological effects, and current evidence indicates that chronic exposure can contribute to persistent respiratory and neurological impacts, with heightened susceptibility among children, older adults, and individuals with preexisting health conditions.
(d)The states existing hydrogen sulfide standard has not been updated for 25 years, may not consider contemporary health science, cumulative exposure assessments, or community vulnerability, and may also be insufficient in addressing public health impacts near hydrogen sulfide hotspots across the state.
(e)Monitoring data in regions such as the Tijuana River Valley in the County of San Diego and the Salton Sea in the Counties of Imperial and Riverside have shown exceedances of the state hydrogen sulfide standard; however, it is difficult to identify a responsible party that could be subject to plans to attain the standards.Therefore, there is a need for a response framework that can address local needs in response to harmful air quality.
(f)Modern scientific research conducted in the Tijuana River Valley shows that communities near the river experience prolonged and chronic low-level hydrogen sulfide exposures, with concentrations of hydrogen sulfide frequently exhibiting sudden increases above the current state standard in durations of less than one hour. These sudden increases are in part caused by episodic influxes of transboundary pollution and are not captured in the time-averaged concentrations made to compare to the one-hour standard.
(g)Health symptoms associated with exposure to hydrogen sulfide have been reported in the South Bay region and the cities of San Diego and Imperial Beach, and include respiratory and gastrointestinal issues, headaches, fatigue, nausea, skin irritation, and respiratory irritation.
(h)Monitoring data indicate that hydrogen sulfide concentrations near sensitive locations, including Berry Elementary School in the Tijuana River Valley, have exceeded the current standard, demonstrating that children and other vulnerable populations are exposed to elevated levels.
(i)Similarly, communities surrounding the Salton Sea experience frequent elevated and chronic low-level hydrogen sulfide concentrations, caused by anaerobic biological activity, decomposition of organic matter, and shoreline emissions, with recorded levels frequently exceeding the state standard.
(j)These exposures disproportionately affect vulnerable and environmentally overburdened communities, including low-income households, immigrant communities, Latino and tribal populations, and areas already experiencing elevated rates of respiratory and other health conditions, exacerbating existing health inequities.
(k)The Office of Environmental Health Hazard Assessment indicates that chronic exposure to hydrogen sulfide at levels below the current one-hour standard can adversely affect human health.
(l)Furthermore, factors such as concentration averaging times, local and regional climate, and indoor versus outdoor exposure should be considered in assessing concentration levels and their impacts to public health.
(m)Thus, the Legislature recognizes a need to develop additional threshold levels for hydrogen sulfide that consider these factors in conjunction with local agency response to address public health issues.
SEC. 2.Section 41514.7 is added to the Health and Safety Code, to read:41514.7.(a)For purposes of this section, the following definitions apply:
(1)Fugitive source means any source of emissions of hydrogen sulfide gas that is not currently regulated as a stationary source by a local air pollution control district or air quality management district.
(2)Local environmental and public health agencies means any local entity that a health officer, as defined in Section 120100, serves, or any local environmental health agency.
(3)Natural source means a source of hydrogen sulfide occurring in nature as a result of environmental circumstances that is not regulated as a stationary source by a local air pollution control district or air quality management district.
(b)The state board shall, in consultation with the local air pollution control districts and local air quality management districts, the Office of Environmental Health Hazard Assessment, the Office of Emergency Services, the State Department of Public Health, regional water quality control boards or other local or regional authorities, local environmental and public health agencies, universities and academic institutions, affected tribal governments, and community-based organizations, develop a response framework that establishes best practices and guidance for addressing fugitive and natural sources of hydrogen sulfide gas and for community preparation and response to hydrogen sulfide exposure events originating from these sources. The response framework shall:
(1)Consider cross-media releases.
(2)Develop integrated, multiagency approaches to identify and address fugitive and natural sources.
(3)Develop methods for reducing identified fugitive and natural sources of hydrogen sulfide gas in impacted communities.
(4)Consider threshold levels, including the acute and chronic reference exposure levels developed by the Office of Environmental Health Hazard Assessment, and corresponding actions and evaluate the need for additional threshold levels, averaging durations, and corresponding actions for subchronic exposures or short-term exposures.
(5)Develop best practices for measuring hydrogen sulfide levels in air and using monitoring data.
(6)Consider the influence of local and regional climates, and outdoor and indoor settings, on exposure.
(7)Consider how responses may differ for shorter term incidents compared to conditions that may be expected to persist for longer periods.
(8)Include an estimate of resources needed for its implementation by local and state agencies.
(c)The Office of Environmental Health Hazard Assessment shall update the acute and chronic reference exposure levels for hydrogen sulfide and shall develop additional health guidance values for hydrogen sulfide, if the need is identified by the state board, in consultation with the Office of Environmental Health Hazard Assessment, during development of the response framework.
(d)In developing the response framework pursuant to subdivision (b), the state board shall conduct at least three public workshops located in all of the following:
(1)At least one in the Tijuana River Valley region.
(2)At least one in the Salton Sea region.
(3)At least one selected in consultation with a community that has experienced significant hydrogen sulfide exposure.
The Legislature finds and declares all of the following:
(a)Hydrogen sulfide is a colorless, highly toxic gas with a strong odor detectable at very low concentrations.
(b)The state board adopted a one-hour ambient air quality standard of 0.03 parts per million (30 parts per billion) for hydrogen sulfide in 1969, primarily to address odor nuisances, rather than chronic or long-term public health effects.
(c)Exposure to hydrogen sulfide is associated with headache, nausea, respiratory irritation, nasal symptoms, and neurological effects, and current evidence indicates that chronic exposure can contribute to persistent respiratory and neurological impacts, with heightened susceptibility among children, older adults, and individuals with preexisting health conditions.
(d)The states existing hydrogen sulfide standard has not been updated for 25 years, may not consider contemporary health science, cumulative exposure assessments, or community vulnerability, and may also be insufficient in addressing public health impacts near hydrogen sulfide hotspots across the state.
(e)Monitoring data in regions such as the Tijuana River Valley in the County of San Diego and the Salton Sea in the Counties of Imperial and Riverside have shown exceedances of the state hydrogen sulfide standard; however, it is difficult to identify a responsible party that could be subject to plans to attain the standards.Therefore, there is a need for a response framework that can address local needs in response to harmful air quality.
(f)Modern scientific research conducted in the Tijuana River Valley shows that communities near the river experience prolonged and chronic low-level hydrogen sulfide exposures, with concentrations of hydrogen sulfide frequently exhibiting sudden increases above the current state standard in durations of less than one hour. These sudden increases are in part caused by episodic influxes of transboundary pollution and are not captured in the time-averaged concentrations made to compare to the one-hour standard.
(g)Health symptoms associated with exposure to hydrogen sulfide have been reported in the South Bay region and the cities of San Diego and Imperial Beach, and include respiratory and gastrointestinal issues, headaches, fatigue, nausea, skin irritation, and respiratory irritation.
(h)Monitoring data indicate that hydrogen sulfide concentrations near sensitive locations, including Berry Elementary School in the Tijuana River Valley, have exceeded the current standard, demonstrating that children and other vulnerable populations are exposed to elevated levels.
(i)Similarly, communities surrounding the Salton Sea experience frequent elevated and chronic low-level hydrogen sulfide concentrations, caused by anaerobic biological activity, decomposition of organic matter, and shoreline emissions, with recorded levels frequently exceeding the state standard.
(j)These exposures disproportionately affect vulnerable and environmentally overburdened communities, including low-income households, immigrant communities, Latino and tribal populations, and areas already experiencing elevated rates of respiratory and other health conditions, exacerbating existing health inequities.
(k)The Office of Environmental Health Hazard Assessment indicates that chronic exposure to hydrogen sulfide at levels below the current one-hour standard can adversely affect human health.
(l)Furthermore, factors such as concentration averaging times, local and regional climate, and indoor versus outdoor exposure should be considered in assessing concentration levels and their impacts to public health.
(m)Thus, the Legislature recognizes a need to develop additional threshold levels for hydrogen sulfide that consider these factors in conjunction with local agency response to address public health issues.
SEC. 2.Section 41514.7 is added to the Health and Safety Code, to read:41514.7.(a)For purposes of this section, the following definitions apply:
(1)Fugitive source means any source of emissions of hydrogen sulfide gas that is not currently regulated as a stationary source by a local air pollution control district or air quality management district.
(2)Local environmental and public health agencies means any local entity that a health officer, as defined in Section 120100, serves, or any local environmental health agency.
(3)Natural source means a source of hydrogen sulfide occurring in nature as a result of environmental circumstances that is not regulated as a stationary source by a local air pollution control district or air quality management district.
(b)The state board shall, in consultation with the local air pollution control districts and local air quality management districts, the Office of Environmental Health Hazard Assessment, the Office of Emergency Services, the State Department of Public Health, regional water quality control boards or other local or regional authorities, local environmental and public health agencies, universities and academic institutions, affected tribal governments, and community-based organizations, develop a response framework that establishes best practices and guidance for addressing fugitive and natural sources of hydrogen sulfide gas and for community preparation and response to hydrogen sulfide exposure events originating from these sources. The response framework shall:
(1)Consider cross-media releases.
(2)Develop integrated, multiagency approaches to identify and address fugitive and natural sources.
(3)Develop methods for reducing identified fugitive and natural sources of hydrogen sulfide gas in impacted communities.
(4)Consider threshold levels, including the acute and chronic reference exposure levels developed by the Office of Environmental Health Hazard Assessment, and corresponding actions and evaluate the need for additional threshold levels, averaging durations, and corresponding actions for subchronic exposures or short-term exposures.
(5)Develop best practices for measuring hydrogen sulfide levels in air and using monitoring data.
(6)Consider the influence of local and regional climates, and outdoor and indoor settings, on exposure.
(7)Consider how responses may differ for shorter term incidents compared to conditions that may be expected to persist for longer periods.
(8)Include an estimate of resources needed for its implementation by local and state agencies.
(c)The Office of Environmental Health Hazard Assessment shall update the acute and chronic reference exposure levels for hydrogen sulfide and shall develop additional health guidance values for hydrogen sulfide, if the need is identified by the state board, in consultation with the Office of Environmental Health Hazard Assessment, during development of the response framework.
(d)In developing the response framework pursuant to subdivision (b), the state board shall conduct at least three public workshops located in all of the following:
(1)At least one in the Tijuana River Valley region.
(2)At least one in the Salton Sea region.
(3)At least one selected in consultation with a community that has experienced significant hydrogen sulfide exposure.
The Legislature finds and declares all of the following:
(a)Hydrogen sulfide is a colorless, highly toxic gas with a strong odor detectable at very low concentrations.
(b)The state board adopted a one-hour ambient air quality standard of 0.03 parts per million (30 parts per billion) for hydrogen sulfide in 1969, primarily to address odor nuisances, rather than chronic or long-term public health effects.
(c)Exposure to hydrogen sulfide is associated with headache, nausea, respiratory irritation, nasal symptoms, and neurological effects, and current evidence indicates that chronic exposure can contribute to persistent respiratory and neurological impacts, with heightened susceptibility among children, older adults, and individuals with preexisting health conditions.
(d)Although the The states existing hydrogen sulfide standard has not been updated for 25 years and years, may not consider contemporary health science, cumulative exposure assessments, or community vulnerability, it and may also be insufficient in addressing public health impacts near hydrogen sulfide hotspots across the state.
(e)Monitoring data in regions such as the Tijuana River Valley in the County of San Diego and the Salton Sea in the Counties of Imperial and Riverside have shown exceedances of the state hydrogen sulfide standard; however, it is difficult to identify a responsible party that could be subject to plans to attain the standards.
(f)Thus, Therefore, there is a need for a response framework that can address local needs in response to harmful air quality.
(g)(f)Modern scientific research conducted in the Tijuana River Valley shows that communities near the river experience prolonged and chronic low-level hydrogen sulfide exposures, with concentrations of hydrogen sulfide frequently exhibiting sudden increases above the current state standard in durations of less than one hour. These sudden increases are in part caused by episodic influxes of transboundary pollution and are not captured in the time-averaged concentrations made to compare to the one-hour standard.
(h)(g)Health symptoms associated with exposure to hydrogen sulfide have been reported in the South Bay region and the cities of San Diego and Imperial Beach, and include respiratory and gastrointestinal issues, headaches, fatigue, nausea, skin irritation, and respiratory irritation.
(i)(h)Monitoring data indicate that hydrogen sulfide concentrations near sensitive locations, including Berry Elementary School in the Tijuana River Valley, have exceeded the current standard, demonstrating that children and other vulnerable populations are exposed to elevated levels.
(j)(i)Similarly, communities surrounding the Salton Sea experience frequent elevated and chronic low-level hydrogen sulfide concentrations, caused by anaerobic biological activity, decomposition of organic matter, and shoreline emissions, with recorded levels frequently exceeding the state standard.
(k)(j)These exposures disproportionately affect vulnerable and environmentally overburdened communities, including low-income households, immigrant communities, Latino and tribal populations, and areas already experiencing elevated rates of respiratory and other health conditions, exacerbating existing health inequities.
(l)(k)The Office of Environmental Health Hazard Assessment indicates that chronic exposure to hydrogen sulfide at levels below the current one-hour standard can adversely affect human health.
(m)(l)Furthermore, factors such as concentration averaging times, local and regional climate, and indoor versus outdoor exposure should be considered in assessing concentration levels and their impacts to public health.
(n)(m)Thus, the Legislature recognizes a need to develop additional threshold levels for hydrogen sulfide that consider these factors in conjunction with local agency response to address public health issues.
SEC. 2.Section 41514.7 is added to the Health and Safety Code, to read:41514.7.(a)For purposes of this section, the following definitions apply:
(1)Fugitive source means any source of emissions of hydrogen sulfide gas that is not currently regulated as a stationary source by a local air pollution control district or air quality management district.
(2)Local environmental and public health agencies means any local entity that a health officer, as defined in Section 120100, serves, or any local environmental health agency.
(3)Natural source means a source of hydrogen sulfide occurring in nature as a result of environmental circumstances. circumstances that is not regulated as a stationary source by a local air pollution control district or air quality management district.
(b)The state board shall, in consultation with the local air pollution control districts and local air quality management districts, the Office of Environmental Health Hazard Assessment, the Office of Emergency Services, the State Department of Public Health, regional water quality control boards or other local or regional authorities, local environmental and public health agencies, universities and academic institutions, affected tribal governments, and community-based organizations, develop a response framework that establishes best practices and guidance for addressing fugitive and natural sources of hydrogen sulfide gas and for community preparation and response to hydrogen sulfide exposure events originating from these sources. The guidelines shall consider response framework shall:
(1)Consider cross-media releases, and develop releases.
(2)Develop integrated, multiagency approaches to identify and address fugitive and natural sources, and methods sources.
(3)Develop methods for reducing identified fugitive and natural sources of hydrogen sulfide gas in impacted communities. In developing the response framework, the state board shall consider and evaluate the inadequacies of the Acute, 8-hour, and Chronic Reference Exposure Levels for fugitive and natural sources of emissions for developing the response plan. The evaluation shall consider all of the following:
(1)Current scientific literature regarding acute, subchronic, and chronic health effects of hydrogen sulfide exposure, including the impact of chronic low-level exposure.(2)The adequacy of current averaging times for characterizing hazardous exposure, including the frequency and duration of possible exposures.(3)The influence of local and regional climates, outdoor, and indoor settings on exposure.(4)Consider threshold levels, including the acute and chronic reference exposure levels developed by the Office of Environmental Health Hazard Assessment, and corresponding actions and evaluate the need for additional threshold levels, averaging durations, and corresponding actions for subchronic exposures or short-term exposures.
(5)Develop best practices for measuring hydrogen sulfide levels in air and using monitoring data.
(6)Consider the influence of local and regional climates, and outdoor and indoor settings, on exposure.
(7)Consider how responses may differ for shorter term incidents compared to conditions that may be expected to persist for longer periods.
(8)Include an estimate of resources needed for its implementation by local and state agencies.
(c)The Office of Environmental Health Hazard Assessment shall update the acute and chronic reference exposure levels for hydrogen sulfide and shall develop additional health guidance values for hydrogen sulfide, if the need is identified by the state board, in consultation with the Office of Environmental Health Hazard Assessment, during development of the response framework.
(c)(d)In developing the response framework pursuant to subdivision (b), the state board shall conduct at least three public workshops located in all of the following:
(1)At least one in the Tijuana River Valley region.
(2)At least one in the Salton Sea region.
(3)At least one selected in consultation with a community that has experienced significant hydrogen sulfide exposure.
The Legislature finds and declares all of the following:
(a)Hydrogen sulfide is a colorless, highly toxic gas with a strong odor detectable at very low concentrations.
(b)The state board adopted a one-hour ambient air quality standard of 0.03 parts per million (30 parts per billion) for hydrogen sulfide in 1969, primarily to address odor nuisances, rather than chronic or long-term public health effects.
(c)Exposure to hydrogen sulfide is associated with headache, nausea, respiratory irritation, nasal symptoms, and neurological effects, and current evidence indicates that chronic exposure can contribute to persistent respiratory and neurological impacts, with heightened susceptibility among children, older adults, and individuals with preexisting health conditions.
(d)Although the states existing hydrogen sulfide standard has not been updated for 25 years and may not consider contemporary health science, cumulative exposure assessments, or community vulnerability, it may also be insufficient in addressing public health impacts near hydrogen sulfide hotspots across the state.
(e)Monitoring data in regions such as the Tijuana River Valley in the County of San Diego and the Salton Sea in the Counties of Imperial and Riverside have shown exceedances of the state hydrogen sulfide standard; however, it is difficult to identify a responsible party that could be subject to plans to attain the standards.
(f)Thus, there is a need for a response framework that can address local needs in response to harmful air quality.
(g)Modern scientific research conducted in the Tijuana River Valley shows that communities near the river experience prolonged and chronic low-level hydrogen sulfide exposures, with concentrations of hydrogen sulfide frequently exhibiting sudden increases above the current state standard in durations of less than one hour. These sudden increases are in part caused by episodic influxes of transboundary pollution and are not captured in the time-averaged concentrations made to compare to the one-hour standard.
(h)Health symptoms associated with exposure to hydrogen sulfide have been reported in the South Bay region and the cities of San Diego and Imperial Beach, and include respiratory and gastrointestinal issues, headaches, fatigue, nausea, skin irritation, and respiratory irritation.
(i)Monitoring data indicate that hydrogen sulfide concentrations near sensitive locations, including Berry Elementary School in the Tijuana River Valley, have exceeded the current standard, demonstrating that children and other vulnerable populations are exposed to elevated levels.
(j)Similarly, communities surrounding the Salton Sea experience frequent elevated and chronic low-level hydrogen sulfide concentrations, caused by anaerobic biological activity, decomposition of organic matter, and shoreline emissions, with recorded levels frequently exceeding the state standard.
(k)These exposures disproportionately affect vulnerable and environmentally overburdened communities, including low-income households, immigrant communities, Latino and tribal populations, and areas already experiencing elevated rates of respiratory and other health conditions, exacerbating existing health inequities.
(l)The Office of Environmental Health Hazard Assessment indicates that chronic exposure to hydrogen sulfide at levels below the current one-hour standard can adversely affect human health.
(m)Furthermore, factors such as concentration averaging times, local and regional climate, and indoor versus outdoor exposure should be considered in assessing concentration levels and their impacts to public health.
(n)Thus, the Legislature recognizes a need to develop additional threshold levels for hydrogen sulfide that consider these factors in conjunction with local agency response to address public health issues.
SEC. 2.Section 41514.7 is added to the Health and Safety Code, to read:41514.7.(a)For purposes of this section, both of the following definitions apply:
(1)Fugitive source means any source of emissions of hydrogen sulfide gas that is not currently regulated as a stationary source by a local air pollution control district or air quality management district.
(1)(2)Local environmental and public health agencies means any local entity that a health officer, as defined in Section 120100, serves, or any local environmental health agency.
(2)Office means the Office of Environmental Health Hazard Assessment.(b)On or before January 1, 2030, the office shall develop health-based threshold levels for hydrogen sulfide. The threshold levels shall be in addition to any standards adopted pursuant to paragraph (2) of subdivision (a) of Section 39606.(c)(1)In developing the threshold levels pursuant to subdivision (b), the office shall consider, but not be limited to considering, all of the following:(A)Current scientific literature regarding acute, subchronic, and chronic health effects of hydrogen sulfide exposure, including the impact of chronic low-level exposure.(B)The adequacy of current averaging times for hazardous exposure. The office shall consider the need for additional threshold levels based on various averaging times, including, but not limited to, 10-minute, 30-minute, 8-hour, 24-hour, or chronic exposure durations.(C)Health-related impacts due to outdoor and indoor air exposure.(D)Local and regional climates. The office shall consider whether existing standards and threshold levels are appropriate for specific locations or sites.(E)Current federal, state, and international health-based exposure guidelines.(F)Corresponding actions for threshold levels, including, but not limited to, public notification and local agency response.(2)The office may develop threshold levels for additional air pollutants with the considerations specified in paragraph (1) upon an appropriation for these purposes from the Legislature.(d)The office may develop threshold levels pursuant to subdivision (b) in consultation with the state board, districts, the State Department of Public Health, local or regional authorities, local environmental and public health agencies, universities and academic institutions, affected tribal governments, and community-based organizations.(e)In developing the threshold levels pursuant to subdivision (b), the office shall conduct at least three public workshops located in all of the following:(1)At least one in the Tijuana River Valley region.(2)At least one in the Salton Sea region.(3)At least one selected in consultation with a community that has experienced significant hydrogen sulfide exposure.(f)The districts shall adopt, and local environmental and public health agencies may consider, any threshold level developed by the office pursuant to subdivision (b).(g)Based on the threshold levels developed pursuant to subdivision (b), the state board may adopt additional or updated standards, pursuant to paragraph (2) of subdivision (a) of Section 39606.(3)Natural source means a source of hydrogen sulfide occurring in nature as a result of environmental circumstances.
(h)(b)It is the intent of the Legislature to develop guidelines that would require the state board, The state board shall, in consultation with the local air pollution control districts and local air quality management districts, the Office of Emergency Services, the State Department of Public Health, regional water quality control boards or other local or regional authorities, local environmental and public health agencies, universities and academic institutions, affected tribal governments, and community-based organizations, to develop a response framework to establish that establishes best practices and guidance based on the offices development of thresholds pursuant to subdivision (b). for addressing fugitive and natural sources of hydrogen sulfide gas and for community preparation and response to hydrogen sulfide exposure events originating from these sources. The guidelines shall consider cross-media releases, and develop integrated, multiagency approaches to identify and address fugitive and natural sources, and methods for reducing identified fugitive and natural sources of hydrogen sulfide gas in impacted communities. In developing the response framework, the state board shall consider and evaluate the inadequacies of the Acute, 8-hour, and Chronic Reference Exposure Levels for fugitive and natural sources of emissions for developing the response plan. The evaluation shall consider all of the following:
(1)Current scientific literature regarding acute, subchronic, and chronic health effects of hydrogen sulfide exposure, including the impact of chronic low-level exposure.
(2)The adequacy of current averaging times for characterizing hazardous exposure, including the frequency and duration of possible exposures.
(3)The influence of local and regional climates, outdoor, and indoor settings on exposure.
(c)In developing the response framework pursuant to subdivision (b), the state board shall conduct at least three public workshops located in all of the following:
(1)At least one in the Tijuana River Valley region.
(2)At least one in the Salton Sea region.
(3)At least one selected in consultation with a community that has experienced significant hydrogen sulfide exposure.
SEC. 3.No reimbursement is required by this act pursuant to Section 6 of Article XIIIB of the California Constitution because a local agency or school district has the authority to levy service charges, fees, or assessments sufficient to pay for the program or level of service mandated by this act, within the meaning of Section 17556 of the Government Code. REVISIONS: HeadingLine 3.The Legislature finds and declares all of the following:
(a)Hydrogen sulfide is a colorless, highly toxic gas with a strong odor detectable at very low concentrations.
(b)The state board adopted a one-hour ambient air quality standard of 0.03 parts per million (30 parts per billion) for hydrogen sulfide in 1969, primarily to address odor nuisances, rather than chronic or long-term public health effects.
(c)Exposure to hydrogen sulfide is associated with headache, nausea, respiratory irritation, nasal symptoms, and neurological effects, and current evidence indicates that chronic exposure can contribute to persistent respiratory and neurological impacts, with heightened susceptibility among children, older adults, and individuals with preexisting health conditions.
(d)Although the states existing hydrogen sulfide standard has not been updated for 25 years and may not consider contemporary health science, cumulative exposure assessments, or community vulnerability, it may also be insufficient in addressing public health impacts near hydrogen sulfide hotspots across the state.
(e)Monitoring data in regions such as the Tijuana River Valley in the County of San Diego and the Salton Sea in the Counties of Imperial and Riverside have shown exceedances of the state hydrogen sulfide standard; however, it is difficult to identify a responsible party that could be subject to plans to attain the standards.
(f)Thus, there is a need for a response framework that can address local needs in response to harmful air quality.
(g)Modern scientific research conducted in the Tijuana River Valley shows that communities near the river experience prolonged and chronic low-level hydrogen sulfide exposures, with concentrations of hydrogen sulfide frequently exhibiting sudden increases above the current state standard in durations of less than one hour. These sudden increases are in part caused by episodic influxes of transboundary pollution and are not captured in the time-averaged concentrations made to compare to the one-hour standard.
(h)Health symptoms associated with exposure to hydrogen sulfide have been reported in the South Bay region and the cities of San Diego and Imperial Beach, and include respiratory and gastrointestinal issues, headaches, fatigue, nausea, skin irritation, and respiratory irritation.
(i)Monitoring data indicate that hydrogen sulfide concentrations near sensitive locations, including Berry Elementary School in the Tijuana River Valley, have exceeded the current standard, demonstrating that children and other vulnerable populations are exposed to elevated levels.
(j)Similarly, communities surrounding the Salton Sea experience frequent elevated and chronic low-level hydrogen sulfide concentrations, caused by anaerobic biological activity, decomposition of organic matter, and shoreline emissions, with recorded levels frequently exceeding the state standard.
(k)These exposures disproportionately affect vulnerable and environmentally overburdened communities, including low-income households, immigrant communities, Latino and tribal populations, and areas already experiencing elevated rates of respiratory and other health conditions, exacerbating existing health inequities.
(l)The Office of Environmental Health Hazard Assessment indicates that chronic exposure to hydrogen sulfide at levels below the current one-hour standard can adversely affect human health.
(m)Furthermore, factors such as concentration averaging times, local and regional climate, and indoor versus outdoor exposure should be considered in assessing concentration levels and their impacts to public health.
(n)Thus, the Legislature recognizes a need to develop additional threshold levels for hydrogen sulfide that consider these factors in conjunction with local agency response to address public health issues.
SEC. 2.Section 41514.7 is added to the Health and Safety Code, to read:41514.7.(a)For purposes of this section, both of the following definitions apply:
(1)Local environmental and public health agencies means any local entity that a health officer, as defined in Section 120100, serves, or any local environmental health agency.
(2)Office means the Office of Environmental Health Hazard Assessment.
(b)On or before January 1, 2030, the office shall develop health-based threshold levels for hydrogen sulfide. The threshold levels shall be in addition to any standards adopted pursuant to paragraph (2) of subdivision (a) of Section 39606.
(c)(1)In developing the threshold levels pursuant to subdivision (b), the office shall consider, but not be limited to considering, all of the following:
(A)Current scientific literature regarding acute, subchronic, and chronic health effects of hydrogen sulfide exposure, including the impact of chronic low-level exposure.
(B)The adequacy of current averaging times for hazardous exposure. The office shall consider the need for additional threshold levels based on various averaging times, including, but not limited to, 10-minute, 30-minute, 8-hour, 24-hour, or chronic exposure durations.
(C)Health-related impacts due to outdoor and indoor air exposure.
(D)Local and regional climates. The office shall consider whether existing standards and threshold levels are appropriate for specific locations or sites.
(E)Current federal, state, and international health-based exposure guidelines.
(F)Corresponding actions for threshold levels, including, but not limited to, public notification and local agency response.
(2)The office may develop threshold levels for additional air pollutants with the considerations specified in paragraph (1) upon an appropriation for these purposes from the Legislature.
(d)The office may develop threshold levels pursuant to subdivision (b) in consultation with the state board, districts, the State Department of Public Health, local or regional authorities, local environmental and public health agencies, universities and academic institutions, affected tribal governments, and community-based organizations.
(e)In developing the threshold levels pursuant to subdivision (b), the office shall conduct at least three public workshops located in all of the following:
(1)At least one in the Tijuana River Valley region.
(2)At least one in the Salton Sea region.
(3)At least one selected in consultation with a community that has experienced significant hydrogen sulfide exposure.
(f)The districts shall adopt, and local environmental and public health agencies may consider, any threshold level developed by the office pursuant to subdivision (b).
(g)Based on the threshold levels developed pursuant to subdivision (b), the state board may adopt additional or updated standards, pursuant to paragraph (2) of subdivision (a) of Section 39606.
(h)It is the intent of the Legislature to develop guidelines that would require the state board, in consultation with the districts, the State Department of Public Health, local or regional authorities, local environmental and public health agencies, universities and academic institutions, affected tribal governments, and community-based organizations, to develop a response framework to establish best practices and guidance based on the offices development of thresholds pursuant to subdivision (b).
SEC. 3.No reimbursement is required by this act pursuant to Section 6 of Article XIIIB of the California Constitution because a local agency or school district has the authority to levy service charges, fees, or assessments sufficient to pay for the program or level of service mandated by this act, within the meaning of Section 17556 of the Government Code.
SECTION 1.The Legislature finds and declares all of the following:(a)Hydrogen sulfide is a colorless, highly toxic gas with a strong odor detectable at very low concentrations.(b)The State Air Resources Board (state board) adopted a one-hour ambient air quality standard of 0.03 parts per million (30 parts per billion) for hydrogen sulfide in 1969, primarily to address odor nuisances, rather than chronic or long-term public health effects.(c)Communities living near the Tijuana River Valley experience frequent and prolonged exposures to hydrogen sulfide at concentrations dozens of times higher than the current state standard, as well as chronic low-level exposures.(d)Exposure to hydrogen sulfide has been associated with health symptoms reported in the South Bay region and the cities of San Diego and Imperial Beach, including respiratory and gastrointestinal issues, headaches, fatigue, nausea, skin irritation, and respiratory irritation.(e)Modern scientific research conducted in the Tijuana River Valley shows that communities near the river experience frequent and prolonged hydrogen sulfide exposures, including concentrations dozens of times higher than the current state standard. These exposures are associated with headaches, nausea, respiratory irritation, nasal symptoms, and neurological effects, and current evidence indicates that chronic exposure can contribute to persistent respiratory and neurological impacts, with heightened susceptibility among children, older adults, and individuals with preexisting health conditions.(f)Monitoring data indicate that hydrogen sulfide concentrations near sensitive locations, including the Barry Elementary School in the Tijuana River Valley, have exceeded the current standard, demonstrating that children and other vulnerable populations are exposed to elevated levels, including chronic low-level exposure.(g)Likewise, communities surrounding the Salton Sea experience frequent elevated and chronic low-level hydrogen sulfide concentrations, caused by anaerobic biological activity, decomposition of organic matter, and shoreline emissions, with recorded levels frequently exceeding the state standard.(h)Documented hydrogen sulfide hotspots in California include areas of the County of San Diego in the Tijuana River Valley and communities near the Salton Sea in the Counties of Imperial and Riverside, where monitoring data have shown exceedances of the state hydrogen sulfide standard. These regions experience some of the highest recorded hydrogen sulfide concentration in the state.(i)These exposures disproportionately affect vulnerable and environmentally overburdened communities, including low-income households, immigrant communities, Latino and tribal populations, and areas already experiencing elevated rates of respiratory and other health conditions, exacerbating existing health inequities.(j)The Office of Environmental Health Hazard Assessment indicates that chronic exposure to hydrogen sulfide at levels below the current one-hour standard can adversely affect human health, underscoring the need to review the standard.(k)The states existing hydrogen sulfide standard has not been updated for more than five decades and does not incorporate contemporary health science, cumulative exposure assessments, or community vulnerability considerations.SEC. 2.Section 39607.7 is added to the Health and Safety Code, to read:39607.7.(a)(1)The state board shall conduct a comprehensive review of the current ambient air quality standard for hydrogen sulfide and shall adopt an updated standard, as necessary, to protect public health, including the health of sensitive and overburdened communities.(2)In conducting the review pursuant to paragraph (1), the state board shall evaluate, at minimum, all of the following:(A)Current scientific literature regarding acute, subchronic, and chronic health effects of hydrogen sulfide exposure, including the impact of chronic low-level exposure.(B)Current federal, state, and international health-based exposure guidelines.(C)Documented exposure conditions in the Tijuana River Valley and Salton Sea regions.(D)The adequacy of current averaging times for toxic exposure assessments, including the potential need for additional standards based on 8-hour, 24-hour, or chronic exposure durations.(E)Cumulative and disproportionate impacts on environmental justice communities.(3)The state board shall conduct at least three public workshops during the review, including all of the following:(A)At least one in the Tijuana River Valley region.(B)At least one in the Salton Sea region.(C)One additional location selected in consultation with overburdened communities.(4)The state board shall consult with local air districts, the Office of Environmental Health Hazard Assessment, the State Department of Public Health, affected tribal governments, and community-based organizations.(b)After completing the review, the state board shall publish a publicly available report on its internet website, including scientific findings, exposure conditions, proposed revised standards, and monitoring strategies.(c)No later than 12 months after publishing the report, the state board shall adopt an updated hydrogen sulfide ambient air quality standard, as necessary, to protect sensitive populations and overburdened communities, including consideration of multiple averaging times and chronic low-level exposures.The Legislature finds and declares all of the following:
(a)Hydrogen sulfide is a colorless, highly toxic gas with a strong odor detectable at very low concentrations.
(b)The State Air Resources Board (state board) adopted a one-hour ambient air quality standard of 0.03 parts per million (30 parts per billion) for hydrogen sulfide in 1969, primarily to address odor nuisances, rather than chronic or long-term public health effects.
(c)Communities living near the Tijuana River Valley experience frequent and prolonged exposures to hydrogen sulfide at concentrations dozens of times higher than the current state standard, as well as chronic low-level exposures.
(d)Exposure to hydrogen sulfide has been associated with health symptoms reported in the South Bay region and the cities of San Diego and Imperial Beach, including respiratory and gastrointestinal issues, headaches, fatigue, nausea, skin irritation, and respiratory irritation.
(e)Modern scientific research conducted in the Tijuana River Valley shows that communities near the river experience frequent and prolonged hydrogen sulfide exposures, including concentrations dozens of times higher than the current state standard. These exposures are associated with headaches, nausea, respiratory irritation, nasal symptoms, and neurological effects, and current evidence indicates that chronic exposure can contribute to persistent respiratory and neurological impacts, with heightened susceptibility among children, older adults, and individuals with preexisting health conditions.
(f)Monitoring data indicate that hydrogen sulfide concentrations near sensitive locations, including the Barry Elementary School in the Tijuana River Valley, have exceeded the current standard, demonstrating that children and other vulnerable populations are exposed to elevated levels, including chronic low-level exposure.
(g)Likewise, communities surrounding the Salton Sea experience frequent elevated and chronic low-level hydrogen sulfide concentrations, caused by anaerobic biological activity, decomposition of organic matter, and shoreline emissions, with recorded levels frequently exceeding the state standard.
(h)Documented hydrogen sulfide hotspots in California include areas of the County of San Diego in the Tijuana River Valley and communities near the Salton Sea in the Counties of Imperial and Riverside, where monitoring data have shown exceedances of the state hydrogen sulfide standard. These regions experience some of the highest recorded hydrogen sulfide concentration in the state.
(i)These exposures disproportionately affect vulnerable and environmentally overburdened communities, including low-income households, immigrant communities, Latino and tribal populations, and areas already experiencing elevated rates of respiratory and other health conditions, exacerbating existing health inequities.
(j)The Office of Environmental Health Hazard Assessment indicates that chronic exposure to hydrogen sulfide at levels below the current one-hour standard can adversely affect human health, underscoring the need to review the standard.
(k)The states existing hydrogen sulfide standard has not been updated for more than five decades and does not incorporate contemporary health science, cumulative exposure assessments, or community vulnerability considerations.
SEC. 2.Section 39607.7 is added to the Health and Safety Code, to read:39607.7.(a)(1)The state board shall conduct a comprehensive review of the current ambient air quality standard for hydrogen sulfide and shall adopt an updated standard, as necessary, to protect public health, including the health of sensitive and overburdened communities.
(2)In conducting the review pursuant to paragraph (1), the state board shall evaluate, at minimum, all of the following:
(A)Current scientific literature regarding acute, subchronic, and chronic health effects of hydrogen sulfide exposure, including the impact of chronic low-level exposure.
(B)Current federal, state, and international health-based exposure guidelines.
(C)Documented exposure conditions in the Tijuana River Valley and Salton Sea regions.
(D)The adequacy of current averaging times for toxic exposure assessments, including the potential need for additional standards based on 8-hour, 24-hour, or chronic exposure durations.
(E)Cumulative and disproportionate impacts on environmental justice communities.
(3)The state board shall conduct at least three public workshops during the review, including all of the following:
(A)At least one in the Tijuana River Valley region.
(B)At least one in the Salton Sea region.
(C)One additional location selected in consultation with overburdened communities.
(4)The state board shall consult with local air districts, the Office of Environmental Health Hazard Assessment, the State Department of Public Health, affected tribal governments, and community-based organizations.
(b)After completing the review, the state board shall publish a publicly available report on its internet website, including scientific findings, exposure conditions, proposed revised standards, and monitoring strategies.
(c)No later than 12 months after publishing the report, the state board shall adopt an updated hydrogen sulfide ambient air quality standard, as necessary, to protect sensitive populations and overburdened communities, including consideration of multiple averaging times and chronic low-level exposures.
All matter omitted in this version of the bill appears in the bill as amended in the Senate, March 4, 2025. (JR11)(a)On and after January 1, 2025, 2026, the taxes imposed by this part on the gross receipts from the sale, storage, use, installation, assembly, repair, maintenance, or other consumption of data center equipment used at or for the benefit of a certified data center facility shall not exceed 2 percent.
(b)For purposes of the section, the following definitions shall apply:
(1)Applicable percentage means the renewables portfolio standard procurement target set for the applicable calendar year as provided by the California Renewables Portfolio Standard Program in accordance with Section 399.11 of the Public Utilities Code.
(2)Behind-the-meter electricity or behind-the-meter energy means electricity or energy that can be used on site without passing through a utility-owned meter. Activities that may qualify as behind-the-meter energy sources include energy generation, storage, demand response, and efficiency measures.
(3)Carbon-free energy means energy that is produced by a resource that produces zero carbon emissions, consistent with the requirements of the California Renewables Portfolio Standard Program, or generates zero greenhouse emissions onsite.
(4)Certification effective date means the date on which the application for certification was submitted to the office.
(5)Certified data center facility means a data center facility certified pursuant to subdivision (c).
(6)County average weekly wage means the average weekly wage in a county for all jobs during the most recent quarterly report published by the United States Bureau of Labor Statistics at the time a qualifying data center facility creates a job used to qualify under this section.
(7)(A)Data center equipment means equipment that is used to outfit, operate, or benefit a certified data center facility and component parts, installations, refreshments, replacements, and upgrades to this equipment, regardless of whether it is affixed to or incorporated into real property, and whether it is owned, leased, or used by the qualifying owner, qualifying operator, or qualifying tenant pursuant to a contract for the right to use the equipment. The equipment may include, but is not limited to, the following:
(i)All equipment necessary for the transformation, generation, distribution, or management of electricity that is required to operate computer server equipment, including generators, uninterrupted power supply, supplies, conduits, gaseous fuel piping, cabling, duct banks, switches, switchboards, batteries, and testing equipment.
(ii)All equipment necessary to cool and maintain a controlled environment for the operation of the computer server and other components of the qualifying data center facility, including mechanical equipment, refrigerant piping, gaseous fuel piping, adiabatic and free cooling systems, cooling towers, water softeners, air handling units, indoor direct exchange units, fans, ducting, and filters.
(iii)Water conservation systems necessary for the operation of the data center facility, including facilities or mechanisms that are designed to collect, conserve, and reuse water.
(iv)Software, computer server equipment, chassis, networking equipment, switches, racks, cabling, trays, and conduits necessary for the operation of the data center.
(v)Monitoring equipment and security systems.
(vi)Modular data centers and preassembled components of any equipment described in this paragraph, including components used in the manufacturing of modular data centers.
(vii)Building materials physically incorporated into a certified data center facility, including, but not limited to, common building materials, plumbing system components, heating and air conditioning system components, built-in cabinets, built-in appliances, and floor coverings that are permanently affixed to real property.
(viii)Tools, machinery, and similar items used to construct the certified data center facility.
(B)Data center equipment does not include any of the following:
(i)Office equipment or supplies.
(ii)Maintenance or janitorial supplies or equipment.
(iii)Equipment or supplies if the majority of their use is in sales or transportation activities.
(iv)Tangible personal property that is rented or leased for a term of one year or less.
(8)(A)Data center facility means one or more buildings owned or leased by a qualifying owner or qualifying operator that satisfies all of the following:
(A)(i)Is located at one or more physical locations on contiguous or noncontiguous parcels that shall not be located in more than one county in this state.
(B)(ii)More than 50 percent of the facility is used to house servers and related data center equipment, software, and support staff for the processing, storage, and distribution of data.
(C)(iii)Has uninterruptible power sources, a sophisticated fire suppression and prevention system, and enhanced physical security that includes restricted access, video surveillance, and electronic systems.
(B)A data center may, but is not required to, include the following:
(D)(i)Backup power.
(E)(ii)Modular data centers or preassembled components, including components used in the manufacturing of modular data centers.
(F)(iii)Associated telecommunications and storage systems.
(G)(iv)Network or connection between the buildings or physical locations, as applicable.
(9)Incentive termination date means December 31, 2045, unless otherwise extended by law.
(10)Investment means all moneys spent to acquire or construct a certified data center facility, including, but not limited to, costs of land, buildings, improvements, and modular data centers, and costs incurred for procurement of data center equipment on or after the date 60 days before the certification effective date.
(11)Generated on site means, for the purposes of water generation for landscaping, generated using atmospheric water generation systems, storm water capture systems, or other systems that provide water without drawing water from offsite sources.
(12)Load-serving entity means local publicly owned electric utilities and retail sellers such as investor-owned utilities, electricity service providers, and community choice aggregators.
(13)Modular data center means a portable system of information technology, climate control, energy supply and distribution machinery, equipment, and related tangible personal property contained in an intermodal freight container or similar structure.
(14)Office means the Governors Office of Business and Economic Development (GO-Biz).
(15)Other sources of energy means energy that is provided by a load-serving entity with authority to serve the site seeking to use it.
(16)Permanent job means an employment position that will exist for at least five years after the date the job is created.
(17)Placed in service means a state or condition of readiness and availability for the operation of the certified data center.
(18)Qualification period means:
(A)With respect to a qualifying owner or qualifying operator, the period of time beginning on the certification effective date and ending on the incentive termination date, but in no case shall the qualification period exceed 20 years.
(B)With respect to the qualifying tenant, a period of time beginning on the date that the qualifying tenant enters into an agreement concerning the use or occupancy of the certified data center facility and expiring at the earlier of the expiration of the term of the agreement, as extended, or the incentive termination date.
(19)(A)Qualifying job means a full-time, permanent job that pays at least 120 percent of the county average weekly wage in the county in which the job is based. The term includes a new employment position staffed by a third-party employer if a written contract exists between the third-party employer and a qualifying owner, qualifying operator, or qualifying tenant that provides that the employment position is permanently assigned to a certified data center facility.
(B)Qualifying job shall not include any job that is moved from one county in this state to another.
(20)Qualifying operator means a person or entity, or an affiliate of that person or entity, that controls access to a certified data center facility, regardless of whether that person or entity owns each item of tangible personal property located at the certified data center facility. A qualifying operator may also be the qualifying owner.
(21)Qualifying owner means a person or entity, or an affiliate of that person or entity, who owns the building or buildings in which a certified data center is located. A qualifying owner may also be the qualifying operator.
(22)Qualifying tenant means one or more persons or entities, or an affiliate of those persons or entities, that contract with the qualifying owner, the qualifying operator, or another qualifying tenant of a certified data center facility to use or occupy all or part of the certified data center facility for a period of two or more years.
(23)Recycled water cooling system means a cooling system that can be filled with water during commissioning but operates on a system that, postcommissioning, is designed not to consume incremental water.
(24)Renewable-powered atmospheric water generation equipment means a device that is powered by renewable energy sources and extracts water from ambient air.
(25)Skilled and trained workforce has the same meaning as defined in Section 2601 of the Public Contract Code.
(26)Waterless landscaping means landscaping processes and systems that draw de minimis volumes of water from offsite sources.
(c)A data center facility may be certified by the office for purposes of this section if all of the following apply:
(1)The data center facility commits to achieving, and subsequently achieves by no later than the date five years after the certification effective date, the following:
(A)Create a minimum of at least 20 qualifying jobs in the county in which the data center facility is located, but not including jobs moved from one county in this state to another county in this state.
(B)Make an investment, on or after January 1, 2025, 2026, of at least two hundred million dollars ($200,000,000).
(2)For the duration of the qualification period, the qualifying owner, qualifying operator, qualifying tenant, or their contractors use a skilled and trained workforce for construction work during the construction phase for the data center facility.
(3)In the year the data center facility is placed in service, at least 70 percent of the energy consumed by the qualifying data center will be carbon-free energy. For each subsequent year, the annual percentage of carbon-free energy consumed by the data center will meet or exceed the applicable percentage. Except for the first two years of operation, the carbon-free energy percentage will be based on the average of the annual carbon-free energy percentage for the applicable year and the annual carbon-free energy percentage for the two years immediately preceding the applicable year. For the first two years of operation, the carbon-free energy percentage will be based on the annual carbon-free energy percentage for the applicable year and the annual carbon-free energy percentage for the two years immediately following the applicable year. The annual carbon-free energy percentage will be determined by adding the carbon-free energy percentage derived from behind-the-meter sources plus the carbon-free energy percentage derived from other sources. For purposes of this provision, the percentage of carbon-free energy from other sources consumed by a qualifying data center is determined by multiplying the total energy consumed by the qualifying data center from other sources by the applicable percentage for the relevant year.
(4)For the duration of the qualification period, at least 50 percent of the energy supply to operate the data center facility is provided from behind-the-meter sources.
(5)For the duration of the qualification period, the data center facility uses recycled water cooling systems and waterless landscaping. If water for landscaping is required, the water must be generated on site using renewable-powered atmospheric water generation equipment.
(6)For the duration of the qualification period, the data center facility shall not use power generation systems for backup power redundancy that use diesel fuel.
(7)For the duration of the qualification period, the data center has onsite battery storage.
(7)(8)The data center facility was placed in service on or after January 1, 2025. 2026.
(d)A certified data center facility that meets or will meet the eligibility requirements of subdivision (c) may apply to the office for certification. The application must be made in the form and manner prescribed by the office. At a minimum, the application shall require the following:
(1)The name and contact information for the qualifying owner, qualifying operator, and any qualifying tenant who will claim the exemption authorized under this section.
(2)A signed statement by an authorized representative of the qualifying owner or qualifying operator, as applicable, that the qualifying owner or qualifying operator will make a good faith effort to ensure the data center facility is expected to satisfy the requirements prescribed in subdivision (c).
(e)Within a reasonable period of time after receiving a completed application, the office shall review the application. If the office determines that all requirements of subdivisions (c) and (d) are satisfied, it shall certify the data center facility and issue certification documentation to the qualifying owner, qualifying operator, or qualifying tenant, as applicable. Otherwise, the office shall provide notice to the qualifying owner, qualifying operator, or qualifying tenant of the conditions of subdivision (c) or (d) that were not satisfied. The office shall notify the department of the issuance of a certification to the data center facility and the certification effective date.
(f)The exemption provided by this section shall be for the duration of the qualification period.
(g)Each qualifying owner, qualifying operator, or qualifying tenant eligible to claim an exemption authorized by this section must hold certification documentation issued by the office. A contractor or subcontractor of a qualifying owner, qualifying operator, or qualifying tenant or a repairer may use the certification documentation issued to the qualifying owner, qualifying operator, or qualifying tenant to make exempt purchases of data center equipment qualified for the exemption under this section. The purchaser must present the certification documentation to the seller of data center equipment eligible for the exemption.
(h)If, after submitting the application for certification and before receiving certification documentation from the office, a qualifying owner, qualifying operator, or qualifying tenant pays an amount of sales tax for data center equipment qualified for an exemption under this section, the qualifying owner, qualifying operator, or qualifying tenant may apply to the department for a refund of the sales and use taxes paid that would have been exempt under this section.
(i)(1)The office may certify a qualifying tenant upon receiving both of the following:
(A)Notice provided by the qualifying owner or qualifying operator of the qualifying tenant.
(B)Information as required by the office to confirm the qualifying tenants qualification status.
(2)The qualifying owner or qualifying operator must notify the office of any change in status of a qualifying tenant within 30 days. The office shall notify the department of any certification issued by it to a qualifying tenant, including the effective certification date, and of any change in a qualifying tenants status.
(j)(1)On or before the date five years after the certification effective date, the qualifying owner or qualifying operator shall notify the department in writing as to whether the certified data center facility has satisfied the requirements prescribed in paragraph (1) of subdivision (c). The notification shall be made in the form and manner prescribed by the department.
(2)Within 60 days from receipt of the notification described in paragraph (1), the department may provide the qualifying owner or qualifying operator with notice of the departments intent to conduct an audit. The notice shall include a list of documents the qualifying owner or qualifying operator must submit to the department for the audit and provide the qualifying owner or qualifying operator with a reasonable amount of time to submit the documents to the department. Until a certified data center facility satisfies the requirements prescribed in paragraph (1) of subdivision (c), and the expiration of the 60-day deadline for the department to provide the qualifying owner or qualifying operator with an audit notice or the departments completion of its audit, if applicable, the qualifying owner or qualifying operator, as applicable, shall keep detailed records of all investments created by the certified data center facility.
(k)If the department determines the qualifying data center facility is not in compliance with the requirements prescribed in subdivision (c) during the qualification period, it shall provide the qualifying owner, qualifying operator, or qualifying tenant, as applicable, notice of the noncompliance. The qualifying owner, qualifying operator, or qualifying tenant shall have 60 days to either cure the noncompliance or to provide the department with an explanation for the noncompliance, including identifying extenuating circumstances that are the cause for the noncompliance, which may include a request for a reasonable extension of time to cure the noncompliance. If the qualifying owner, qualifying operator, or qualifying tenant fails to timely cure the noncompliance, the department finds the explanation and extenuating circumstances not satisfactory to excuse the noncompliance, or the department denies the request for an extension of time to cure the noncompliance because the department finds the noncompliance is of a nature that cannot be cured within a reasonable amount of time, the department shall revoke the certification. Each person who has their certification revoked by the department will be liable for taxes imposed under this chapter, plus penalties and interest, from the date of purchase on purchases for which the person claimed an exemption under this section, regardless of whether the purchase occurred before the certification was revoked. This requirement will apply to a qualifying owner and a qualifying operator, but will not apply to a qualifying tenant unless the revocation was the result of the qualifying tenants failure to maintain its qualification status and not as a result of the qualifying data center facilitys failure to meet the certification requirements provided in subdivision (c).
(l)The department and the office may adopt rules and prescribe forms and procedures as necessary for the purposes of this section. The office and department shall collaborate in adopting rules as necessary to avoid duplication and inconsistencies while accomplishing the purposes of this section. The office has exclusive authority over issues related to certification. The department has exclusive authority over compliance and the administration of tax relief.
(m)(1)Notwithstanding the Bradley-Burns Uniform Local Sales and Use Tax Law (Part 1.5 (commencing with Section 7200)) and the Transactions and Use Tax Law (Part 1.6 (commencing with Section 7251)), the exemption established by this section shall not apply with respect to any tax levied by a county, city, or district pursuant to, or in accordance with, either of those laws.
(2)Notwithstanding subdivision (a), the exemption established by this section shall not apply with respect to any tax levied pursuant to Section 6051.2 or 6201.2, pursuant to Section 35 of Article XIII of the California Constitution, or any tax levied pursuant to Section 6051 or 6201 that is deposited in the State Treasury to the credit of the Local Revenue Fund 2011 pursuant to Section 6051.15 or 6201.15.
(n)For purposes of complying with Section 41, the Legislature finds and declares the following:
(1)The specific goal the exemption shall achieve is to ensure growth in the creation of data centers in the state to help obtain the states climate goals.
(2)The performance indicators the Legislature may use to measure whether the exemption meets the goal described in paragraph (1) are the following:
(A)The number of taxpayers exempting the gross receipts from the sale in this state of, and the storage, use, or other consumption in this state of, data center equipment.
(B)The total dollar amount of moneys exempted under this section.
(3)(A)No later than March 1, 2026, 2027, and annually thereafter, the California Department of Tax and Fee Administration shall analyze the performance indicators in paragraph (2) and shall report its findings, in compliance with Section 9795 of the Government Code, to the Legislature.
(B)The disclosure requirements of subparagraph (A) shall be treated as an exception to Section 7056.5.
SEC. 2.This act provides for a tax levy within the meaning of Article IV of the California Constitution and shall go into immediate effect.
(a)On and after January 1, 2025, the taxes imposed by this part on the gross receipts from the sale, storage, use, installation, assembly, repair, maintenance, or other consumption of data center equipment used at or for the benefit of a certified data center facility shall not exceed 2 percent.
(b)For purposes of the section, the following definitions shall apply:
(1)Applicable percentage means the renewables portfolio standard procurement target set for the applicable calendar year as provided by the California Renewables Portfolio Standard Program in accordance with Section 399.11 of the Public Utilities Code.
(2)Behind-the-meter electricity or behind-the-meter energy means electricity or energy that can be used on site without passing through a utility-owned meter. Activities that may qualify as behind-the-meter energy sources include energy generation, storage, demand response, and efficiency measures.
(3)Carbon-free energy means energy that is produced by a resource that produces zero carbon emissions, consistent with the requirements of the California Renewables Portfolio Standard Program, or generates zero greenhouse emissions onsite.
(4)Certification effective date means the date on which the application for certification was submitted to the office.
(5)Certified data center facility means a data center facility certified pursuant to subdivision (c).
(6)County average weekly wage means the average weekly wage in a county for all jobs during the most recent quarterly report published by the United States Bureau of Labor Statistics at the time a qualifying data center facility creates a job used to qualify under this section.
(7)(A)Data center equipment means equipment that is used to outfit, operate, or benefit a certified data center facility and component parts, installations, refreshments, replacements, and upgrades to this equipment, regardless of whether it is affixed to or incorporated into real property, and whether it is owned, leased, or used by the qualifying owner, qualifying operator, or qualifying tenant pursuant to a contract for the right to use the equipment. The equipment may include, but is not limited to, the following:
(i)All equipment necessary for the transformation, generation, distribution, or management of electricity that is required to operate computer server equipment, including generators, uninterrupted power supply, supplies, conduits, gaseous fuel piping, cabling, duct banks, switches, switchboards, batteries, and testing equipment.
(ii)All equipment necessary to cool and maintain a controlled environment for the operation of the computer server and other components of the qualifying data center facility, including mechanical equipment, refrigerant piping, gaseous fuel piping, adiabatic and free cooling systems, cooling towers, water softeners, air handling units, indoor direct exchange units, fans, ducting, and filters.
(iii)Water conservation systems necessary for the operation of the data center facility, including facilities or mechanisms that are designed to collect, conserve, and reuse water.
(iv)Software, computer server equipment, chassis, networking equipment, switches, racks, cabling, trays, and conduits necessary for the operation of the data center.
(v)Monitoring equipment and security systems.
(vi)Modular data centers and preassembled components of any equipment described in this paragraph, including components used in the manufacturing of modular data centers.
(vii)Building materials physically incorporated into a certified data center facility, including, but not limited to, common building materials, plumbing system components, heating and air conditioning system components, built-in cabinets, built-in appliances, and floor coverings that are permanently affixed to real property.
(viii)Tools, machinery, and similar items used to construct the certified data center facility.
(B)Data center equipment does not include any of the following:
(i)Office equipment or supplies.
(ii)Maintenance or janitorial supplies or equipment.
(iii)Equipment or supplies if the majority of their use is in sales or transportation activities.
(iv)Tangible personal property that is rented or leased for a term of one year or less.
(8)Data center facility means one or more buildings owned or leased by a qualifying owner or qualifying operator that satisfies all of the following:
(A)Is located at one or more physical locations on contiguous or noncontiguous parcels that shall not be located in more than one county in this state.
(B)More than 50 percent of the facility is used to house servers and related data center equipment, software, and support staff for the processing, storage, and distribution of data.
(C)Has uninterruptible power sources, a sophisticated fire suppression and prevention system, and enhanced physical security that includes restricted access, video surveillance, and electronic systems.
(D)Backup power.
(E)Modular data centers or preassembled components, including components used in the manufacturing of modular data centers.
(F)Associated telecommunications and storage systems.
(G)Network or connection between the buildings or physical locations, as applicable.
(9)Incentive termination date means December 31, 2045, unless otherwise extended by law.
(10)Investment means all moneys spent to acquire or construct a certified data center facility, including, but not limited to, costs of land, buildings, improvements, and modular data centers, and costs incurred for procurement of data center equipment on or after the date 60 days before the certification effective date.
(11)Generated on site means, for the purposes of water generation for landscaping, generated using atmospheric water generation systems, storm water capture systems, or other systems that provide water without drawing water from offsite sources.
(12)Load-serving entity means local publicly owned electric utilities and retail sellers such as investor-owned utilities, electricity service providers, and community choice aggregators.
(13)Modular data center means a portable system of information technology, climate control, energy supply and distribution machinery, equipment, and related tangible personal property contained in an intermodal freight container or similar structure.
(14)Office means the Governors Office of Business and Economic Development (GO-Biz).
(15)Other sources of energy means energy that is provided by a load-serving entity with authority to serve the site seeking to use it.
(16)Permanent job means an employment position that will exist for at least five years after the date the job is created.
(17)Placed in service means a state or condition of readiness and availability for the operation of the certified data center.
(18)Qualification period means:
(A)With respect to a qualifying owner or qualifying operator, the period of time beginning on the certification effective date and ending on the incentive termination date, but in no case shall the qualification period exceed 20 years.
(B)With respect to the qualifying tenant, a period of time beginning on the date that the qualifying tenant enters into an agreement concerning the use or occupancy of the certified data center facility and expiring at the earlier of the expiration of the term of the agreement, as extended, or the incentive termination date.
(19)(A)Qualifying job means a full-time, permanent job that pays at least 120 percent of the county average weekly wage in the county in which the job is based. The term includes a new employment position staffed by a third-party employer if a written contract exists between the third-party employer and a qualifying owner, qualifying operator, or qualifying tenant that provides that the employment position is permanently assigned to a certified data center facility.
(B)Qualifying job shall not include any job that is moved from one county in this state to another.
(20)Qualifying operator means a person or entity, or an affiliate of that person or entity, that controls access to a certified data center facility, regardless of whether that person or entity owns each item of tangible personal property located at the certified data center facility. A qualifying operator may also be the qualifying owner.
(21)Qualifying owner means a person or entity, or an affiliate of that person or entity, who owns the building or buildings in which a certified data center is located. A qualifying owner may also be the qualifying operator.
(22)Qualifying tenant means one or more persons or entities, or an affiliate of those persons or entities, that contract with the qualifying owner, the qualifying operator, or another qualifying tenant of a certified data center facility to use or occupy all or part of the certified data center facility for a period of two or more years.
(23)Recycled water cooling system means a cooling system that can be filled with water during commissioning but operates on a system that, postcommissioning, is designed not to consume incremental water.
(24)Renewable-powered atmospheric water generation equipment means a device that is powered by renewable energy sources and extracts water from ambient air.
(25)Skilled and trained workforce has the same meaning as defined in Section 2601 of the Public Contract Code.
(26)Waterless landscaping means landscaping processes and systems that draw de minimis volumes of water from offsite sources.
(c)A data center facility may be certified by the office for purposes of this section if all of the following apply:
(1)The data center facility commits to achieving, and subsequently achieves by no later than the date five years after the certification effective date, the following:
(A)Create a minimum of at least 20 qualifying jobs in the county in which the data center facility is located, but not including jobs moved from one county in this state to another county in this state.
(B)Make an investment, on or after January 1, 2025, of at least two hundred million dollars ($200,000,000).
(2)For the duration of the qualification period, the qualifying owner, qualifying operator, qualifying tenant, or their contractors use a skilled and trained workforce for construction work during the construction phase for the data center facility.
(3)In the year the data center facility is placed in service, at least 70 percent of the energy consumed by the qualifying data center will be carbon-free energy. For each subsequent year, the annual percentage of carbon-free energy consumed by the data center will meet or exceed the applicable percentage. Except for the first two years of operation, the carbon-free energy percentage will be based on the average of the annual carbon-free energy percentage for the applicable year and the annual carbon-free energy percentage for the two years immediately preceding the applicable year. For the first two years of operation, the carbon-free energy percentage will be based on the annual carbon-free energy percentage for the applicable year and the annual carbon-free energy percentage for the two years immediately following the applicable year. The annual carbon-free energy percentage will be determined by adding the carbon-free energy percentage derived from behind-the-meter sources plus the carbon-free energy percentage derived from other sources. For purposes of this provision, the percentage of carbon-free energy from other sources consumed by a qualifying data center is determined by multiplying the total energy consumed by the qualifying data center from other sources by the applicable percentage for the relevant year.
(4)For the duration of the qualification period, at least 50 percent of the energy supply to operate the data center facility is provided from behind-the-meter sources.
(5)For the duration of the qualification period, the data center facility uses recycled water cooling systems and waterless landscaping. If water for landscaping is required, the water must be generated on site using renewable-powered atmospheric water generation equipment.
(6)For the duration of the qualification period, the data center facility shall not use power generation systems for backup power redundancy that use diesel fuel.
(7)The data center facility was placed in service on or after January 1, 2025.
(d)A certified data center facility that meets or will meet the eligibility requirements of subdivision (c) may apply to the office for certification. The application must be made in the form and manner prescribed by the office. At a minimum, the application shall require the following:
(1)The name and contact information for the qualifying owner, qualifying operator, and any qualifying tenant who will claim the exemption authorized under this section.
(2)A signed statement by an authorized representative of the qualifying owner or qualifying operator, as applicable, that the qualifying owner or qualifying operator will make a good faith effort to ensure the data center facility is expected to satisfy the requirements prescribed in subdivision (c).
(e)Within a reasonable period of time after receiving a completed application, the office shall review the application. If the office determines that all requirements of subdivisions (c) and (d) are satisfied, it shall certify the data center facility and issue certification documentation to the qualifying owner, qualifying operator, or qualifying tenant, as applicable. Otherwise, the office shall provide notice to the qualifying owner, qualifying operator, or qualifying tenant of the conditions of subdivision (c) or (d) that were not satisfied. The office shall notify the department of the issuance of a certification to the data center facility and the certification effective date.
(f)The exemption provided by this section shall be for the duration of the qualification period.
(g)Each qualifying owner, qualifying operator, or qualifying tenant eligible to claim an exemption authorized by this section must hold certification documentation issued by the office. A contractor or subcontractor of a qualifying owner, qualifying operator, or qualifying tenant or a repairer may use the certification documentation issued to the qualifying owner, qualifying operator, or qualifying tenant to make exempt purchases of data center equipment qualified for the exemption under this section. The purchaser must present the certification documentation to the seller of data center equipment eligible for the exemption.
(h)If, after submitting the application for certification and before receiving certification documentation from the office, a qualifying owner, qualifying operator, or qualifying tenant pays an amount of sales tax for data center equipment qualified for an exemption under this section, the qualifying owner, qualifying operator, or qualifying tenant may apply to the department for a refund of the sales and use taxes paid that would have been exempt under this section.
(i)(1)The office may certify a qualifying tenant upon receiving both of the following:
(A)Notice provided by the qualifying owner or qualifying operator of the qualifying tenant.
(B)Information as required by the office to confirm the qualifying tenants qualification status.
(2)The qualifying owner or qualifying operator must notify the office of any change in status of a qualifying tenant within 30 days. The office shall notify the department of any certification issued by it to a qualifying tenant, including the effective certification date, and of any change in a qualifying tenants status.
(j)(1)On or before the date five years after the certification effective date, the qualifying owner or qualifying operator shall notify the department in writing as to whether the certified data center facility has satisfied the requirements prescribed in paragraph (1) of subdivision (c). The notification shall be made in the form and manner prescribed by the department.
(2)Within 60 days from receipt of the notification described in paragraph (1), the department may provide the qualifying owner or qualifying operator with notice of the departments intent to conduct an audit. The notice shall include a list of documents the qualifying owner or qualifying operator must submit to the department for the audit and provide the qualifying owner or qualifying operator with a reasonable amount of time to submit the documents to the department. Until a certified data center facility satisfies the requirements prescribed in paragraph (1) of subdivision (c), and the expiration of the 60-day deadline for the department to provide the qualifying owner or qualifying operator with an audit notice or the departments completion of its audit, if applicable, the qualifying owner or qualifying operator, as applicable, shall keep detailed records of all investments created by the certified data center facility.
(k)If the department determines the qualifying data center facility is not in compliance with the requirements prescribed in subdivision (c) during the qualification period, it shall provide the qualifying owner, qualifying operator, or qualifying tenant, as applicable, notice of the noncompliance. The qualifying owner, qualifying operator, or qualifying tenant shall have 60 days to either cure the noncompliance or to provide the department with an explanation for the noncompliance, including identifying extenuating circumstances that are the cause for the noncompliance, which may include a request for a reasonable extension of time to cure the noncompliance. If the qualifying owner, qualifying operator, or qualifying tenant fails to timely cure the noncompliance, the department finds the explanation and extenuating circumstances not satisfactory to excuse the noncompliance, or the department denies the request for an extension of time to cure the noncompliance because the department finds the noncompliance is of a nature that cannot be cured within a reasonable amount of time, the department shall revoke the certification. Each person who has their certification revoked by the department will be liable for taxes imposed under this chapter, plus penalties and interest, from the date of purchase on purchases for which the person claimed an exemption under this section, regardless of whether the purchase occurred before the certification was revoked. This requirement will apply to a qualifying owner and a qualifying operator, but will not apply to a qualifying tenant unless the revocation was the result of the qualifying tenants failure to maintain its qualification status and not as a result of the qualifying data center facilitys failure to meet the certification requirements provided in subdivision (c).
(l)The department and the office may adopt rules and prescribe forms and procedures as necessary for the purposes of this section. The office and department shall collaborate in adopting rules as necessary to avoid duplication and inconsistencies while accomplishing the purposes of this section. The office has exclusive authority over issues related to certification. The department has exclusive authority over compliance and the administration of tax relief.
(m)(1)Notwithstanding the Bradley-Burns Uniform Local Sales and Use Tax Law (Part 1.5 (commencing with Section 7200)) and the Transactions and Use Tax Law (Part 1.6 (commencing with Section 7251)), the exemption established by this section shall not apply with respect to any tax levied by a county, city, or district pursuant to, or in accordance with, either of those laws.
(2)Notwithstanding subdivision (a), the exemption established by this section shall not apply with respect to any tax levied pursuant to Section 6051.2 or 6201.2, pursuant to Section 35 of Article XIII of the California Constitution, or any tax levied pursuant to Section 6051 or 6201 that is deposited in the State Treasury to the credit of the Local Revenue Fund 2011 pursuant to Section 6051.15 or 6201.15.
(n)For purposes of complying with Section 41, the Legislature finds and declares the following:
(1)The specific goal the exemption shall achieve is to ensure growth in the creation of data centers in the state to help obtain the states climate goals.
(2)The performance indicators the Legislature may use to measure whether the exemption meets the goal described in paragraph (1) are the following:
(A)The number of taxpayers exempting the gross receipts from the sale in this state of, and the storage, use, or other consumption in this state of, data center equipment.
(B)The total dollar amount of moneys exempted under this section.
(3)(A)No later than March 1, 2026, and annually thereafter, the California Department of Tax and Fee Administration shall analyze the performance indicators in paragraph (2) and shall report its findings, in compliance with Section 9795 of the Government Code, to the Legislature.
(B)The disclosure requirements of subparagraph (A) shall be treated as an exception to Section 7056.5.
SEC. 2.This act provides for a tax levy within the meaning of Article IV of the California Constitution and shall go into immediate effect.
|
Date
|
Status
|
|---|---|
| Sep 20, 2026 | Chaptered by Secretary of State. Chapter 411, Statutes of 2026. |
| Sep 20, 2026 | Approved by the Governor. |
| Sep 4, 2026 | Enrolled and presented to the Governor at 2 p.m. |
| Aug 28, 2026 | Assembly amendments concurred in. (Ayes 40. Noes 0.) Ordered to engrossing and enrolling. |
| Aug 28, 2026 | In Senate. Concurrence in Assembly amendments pending. |
| Aug 27, 2026 | Read third time. Passed. (Ayes 78. Noes 0. Page 6728.) Ordered to the Senate. |
| Aug 27, 2026 | Read third time. Passed. Ordered to the Senate. |
| Aug 17, 2026 | Read second time. Ordered to third reading. |
| Aug 13, 2026 | Read second time and amended. Ordered to second reading. |
| Aug 13, 2026 | From committee: Do pass as amended. (Ayes 11. Noes 0.) (August 13). |
| Aug 13, 2026 | Assembly Rule 63 suspended. |
| Aug 5, 2026 | August 5 set for first hearing. Placed on suspense file. |
| Jun 23, 2026 | From committee: Do pass and re-refer to Com. on APPR. (Ayes 14. Noes 0.) (June 22). Re-referred to Com. on APPR. |
| Jun 23, 2026 | Coauthors revised. |
| Jun 15, 2026 | From committee with author's amendments. Read second time and amended. Re-referred to Com. on NAT. RES. |
| May 18, 2026 | Referred to Com. on NAT. RES. |
| Jan 26, 2026 | In Assembly. Read first time. Held at Desk. |
| Jan 26, 2026 | Read third time. Passed. (Ayes 39. Noes 0. Page 3285.) Ordered to the Assembly. |
| Jan 22, 2026 | Read second time. Ordered to third reading. |
| Jan 22, 2026 | From committee: Do pass. (Ayes 7. Noes 0. Page 3268.) (January 22). |
| Jan 21, 2026 | Set for hearing January 22. |
| Jan 20, 2026 | January 20 hearing: Placed on APPR. suspense file. |
| Jan 15, 2026 | Set for hearing January 20. |
| Jan 14, 2026 | Read second time and amended. Re-referred to Com. on APPR. |
| Jan 13, 2026 | From committee: Do pass as amended and re-refer to Com. on APPR. (Ayes 7. Noes 0. Page 3212.) (January 13). |
| Jan 7, 2026 | Set for hearing January 13. |
| Jan 5, 2026 | Withdrawn from committee. |
| Jan 5, 2026 | Re-referred to Com. on RLS. |
| Jan 5, 2026 | Re-referred to Com. on E.Q. |
| Jan 5, 2026 | From committee with author's amendments. Read second time and amended. Re-referred to Com. on REV. & TAX. |
| May 8, 2025 | May 14 set for first hearing canceled at the request of author. |
| Mar 18, 2025 | Set for hearing May 14. |
| Mar 4, 2025 | From committee with author's amendments. Read second time and amended. Re-referred to Com. on REV. & TAX. |
| Jan 29, 2025 | Referred to Com. on REV. & TAX. |
| Jan 9, 2025 | From printer. May be acted upon on or after February 8. |
| Jan 8, 2025 | Introduced. Read first time. To Com. on RLS. for assignment. To print. |
|
Date
|
Description
|
Location
|
Votes
|
|
|---|---|---|---|---|
| Aug 28, 2026 | Unfinished Business SB58 Padilla et al. Concurrence | Senate Floor |
Passed |
|
| Aug 27, 2026 | SB 58 Padilla Senate Third Reading By Alvarez | Assembly Floor |
Passed |
|
| Aug 13, 2026 | Do pass as amended. | Assembly Standing Committee on Appropriations |
Passed |
|
| Jun 22, 2026 | Do pass and be re-referred to the Committee on [Appropriations] | Assembly Standing Committee on Natural Resources |
Passed |
|
| Jan 26, 2026 | Senate 3rd Reading SB58 Padilla et al. | Senate Floor |
Passed |
|
| Jan 22, 2026 | Do pass | Senate Standing Committee on Appropriations |
Passed |
|
| Jan 20, 2026 | Placed on suspense file | Senate Standing Committee on Appropriations |
Passed |
|
| Jan 13, 2026 | Do pass as amended, but first amend, and re-refer to the Committee on [Appropriations] | Senate Standing Committee on Environmental Quality |
Passed |
This list shows positions taken on this bill by organizations on the date displayed, which is linked to the original source.
Positions by individuals are not included.
|
Organization
|
Position
|
Date
|
|---|---|---|
| A Voice for Choice Advocacy | ** Support | |
| Alianza Coachella Valley | ** Support | |
| Alliance San Diego | ** Support | |
| Azul | ** Support | |
| CactusToCloud Institute | ** Support | |
| CactusToClouds Institute | ** Support | |
| California Manufacturers And Technology Association | ** Against | |
| City of Imperial | ** Support | |
| City Of Imperial Beach | ** Support | |
| City of Indian Wells | ** Support | |
| City of Indio | ** Support | |
| City of Needles | ** Support | |
| cleanearth4kids.org | ** Support | |
| Climate Reality Project San Fernando Valley Chapter | ** Support | |
| Climate Reality Project, Los Angeles Chapter | ** Support | |
| Coachella Valley Association of Governments | ** Support | |
| Coalition For Clean Air | ** Support | |
| Coronado Democratic Club | ** Support | |
| Desert Care Network | ** Support | |
| Desert Recreation District | ** Support | |
| Environmental Health Coalition | ** Support | |
| Imperial Valley Equity & Justice Coalition | ** Support | |
| Imperial Valley Healthcare District | ** Support | |
| la Cooperativa Campesina de California | ** Support | |
| Latino Outdoors | ** Support | |
| Leadership Counsel for Justice and Accountability | ** Support | |
| League Of Women Voters Of California | ** Support | |
| Loma Linda University Adventist Health Sciences Center And Its Affiliated Entities | ** Support | |
| Los Amigos De LA Comunidad, INC. | ** Support | |
| Outdoor Outreach | ** Support | |
| Palm Desert Area Chamber of Commerce | ** Support | |
| San Diego for Every Child | ** Support | |
| SAN DIEGO; COUNTY OF | ** Support | |
| Sierra Club | ** Support | |
| Sierra Service Project | ** Support | |
| Solana Beach Eco Rotary Club | ** Support | |
| Surfrider Foundation | ** Support | |
| Sustainable Socal | ** Support | |
| The Border Group | ** Support | |
| Tijuana River Coalition | ** Support | |
| Tijuana River Coaliton | ** Support | |
| Un Mar De Colores | ** Support | |
| Wildcoast | ** Support | |
| YMCA of San Diego County | ** Support |
SENATE RULES COMMITTEE Office of Senate Floor Analyses (916) 651-4171 | SB 58 |
UNFINISHED BUSINESS
Bill No: SB 58
Author: Padilla (D), et al.
Amended: 8/13/26
Vote: 21
SENATE ENVIRONMENTAL QUALITY COMMITTEE: 7-0, 1/13/26
AYES: Blakespear, Valladares, Dahle, Gonzalez, Menjivar, Pérez, Reyes
NO VOTE RECORDED: Hurtado
SENATE APPROPRIATIONS COMMITTEE: 7-0, 1/22/26
AYES: Caballero, Seyarto, Cabaldon, Dahle, Grayson, Richardson, Wahab
SENATE FLOOR: 39-0, 1/26/26
AYES: Allen, Alvarado-Gil, Archuleta, Arreguín, Ashby, Becker, Blakespear, Cabaldon, Caballero, Cervantes, Choi, Cortese, Dahle, Durazo, Grayson, Grove, Hurtado, Jones, Laird, Limón, McGuire, McNerney, Menjivar, Niello, Ochoa Bogh, Padilla, Pérez, Reyes, Richardson, Rubio, Seyarto, Smallwood-Cuevas, Stern, Strickland, Umberg, Valladares, Wahab, Weber Pierson, Wiener
NO VOTE RECORDED: Gonzalez
ASSEMBLY FLOOR: 78-0, 8/27/26 - See last page for vote
SUBJECT: Air quality: standard: hydrogen sulfide
SOURCE: Author
DIGEST:
This bill requires the California Air Resources Board (CARB) to develop a response framework to address hydrogen sulfide gas, as described, and the Office of Environmental Health Hazard Assessment (OEHHA) to update and develop health-based levels for hydrogen sulfide, if necessary.
Assembly Amendments
require CARB to develop a response framework to address fugitive and natural sources of hydrogen sulfide gas and require OEHHA to update the acute and chronic reference exposure levels for hydrogen sulfide and determine additional health guidance values during the development of the response framework.
ANALYSIS:
Existing federal law:
- The federal Clean Air Act (CAA) and its implementing regulations set National Ambient Air Quality Standard (NAAQS) for six criteria pollutants, designate air basins that do not achieve NAAQS as nonattainment, and require states with nonattainment areas to submit a State Implementation Plan (SIP) detailing how they will achieve compliance with NAAQS. (42 U.S.C. 7401 et seq.)
Existing state law:
- Establishes OEHHA under the California Environmental Protection Agency and authorizes OEHHA to perform activities relating to the assessment of human health risks of chemicals, toxicology, or scientific consultation. (Health & Safety Code (HSC) § 59000 et seq.)
- Establishes CARB as the air pollution control agency in California and requires CARB, among other things, to control emissions from a wide array of mobile sources and coordinate with local air districts to control emissions from stationary sources in order to implement the CAA. (Health and Safety Code (HSC) § 39000 et seq.)
- Requires CARB to adopt ambient air quality standards for each air basin in consideration of the public health, safety, and welfare, and based upon the recommendations of OEHHA. (HSC § 39606(a)(2))
- Authorizes CARB or local air districts to adopt regulations to control pollutants associated with state ambient air quality standards, including hydrogen sulfide. (HSC § 40926)
- Required CARB, in consultation with OEHHA, to review all existing health-based ambient air quality standards, including hydrogen sulfide, to determine whether they adequately protect the health of the public, including infants and children, before December 31, 2000. (HSC § 39606(d))
- Requires, subject to the powers and duties of CARB, local air districts to adopt and enforce rules and regulations to achieve and maintain the state and federal air quality standards in all areas affected by emission sources under their jurisdiction, and to enforce all applicable provisions of state and federal law. (HSC § 40001)
- Authorizes local air district rules and regulations to provide for the prevention and abatement of air pollution episodes which cause discomfort or health risks to a significant number of persons. (HSC § 40001(b))
- Authorizes local air districts to sponsor, coordinate, and promote projects that will lead to the prevention, mitigation, or cure of the adverse effects of air pollution, including the adverse health effects of air pollution. (HSC § 40004)
This bill:
- Defines “fugitive source” to mean any source of emissions of hydrogen sulfide gas that is not currently regulated as a stationary source by a local air pollution control district or air quality management district.
- Defines “natural source” to mean a source of hydrogen sulfide occurring in nature as a result of environmental circumstances that is not regulated as a stationary source by a local air pollution control district or air quality management district.
- Requires CARB to develop a response framework that establishes best practices and guidance for addressing fugitive and natural sources of hydrogen sulfide gas and for community preparation and response to hydrogen sulfide exposure events originating from these sources in consultation with specified agencies and entities.
- Requires the response framework to do all of the following:
- Consider cross-media releases;
- Develop integrated, multiagency approaches to identify and address fugitive and natural sources;
- Develop methods for reducing identified fugitive and natural sources of hydrogen sulfide gas in impacted communities;
- Consider threshold levels, including the acute and chronic reference exposure levels developed by OEHHA, and corresponding actions and evaluate the need for additional threshold levels, averaging durations, and corresponding actions for sub-chronic exposures or short-term exposures;
- Develop best practices for measuring hydrogen sulfide levels in air and using monitoring data;
- Consider the influence of local and regional climates, and outdoor and indoor settings, on exposure; and
- Include an estimate of resources needed for its implementation by local and state agencies.
- Requires OEHHA to update the acute and chronic reference exposure levels for hydrogen sulfide and develop additional health guidance values for hydrogen sulfide, if the need is identified by CARB, in consultation with OEHHA, during development of the response framework.
- Requires CARB, in developing the response framework, to conduct at least three public workshops located in all of the following:
- At least one in the Tijuana River Valley region;
- At least one in the Salton Sea region; and
- At least one selected in consultation with a community that has experienced significant hydrogen sulfide exposure.
- Makes related findings and declarations.
Background
Hydrogen sulfide. Hydrogen sulfide, commonly associated with sewage, landfills, geothermal fields, and oil and natural gas extraction, is a toxic gas that produces a foul odor. Hydrogen sulfide is known to cause negative respiratory and neurological impacts at the acute exposure level, and while epidemiological information for chronic effects is limited, some studies suggest chronic exposure levels may be associated with ocular, cardiovascular, respiratory, and neurological impacts.[1],[2],[3],[4]
The odd ones out. Unlike the emissions from entities that CARB and local air districts regulate, there have been incidents of air emissions across the state that do not have a clear responsible party, but may far exceed established standards and have significant impacts on neighboring communities. The two situations highlighted by this bill are examples of these “orphan incidents”:
- Tijuana River Valley. Near the California-Mexico border, raw sewage from Tijuana crosses into San Diego County polluting the Tijuana River Valley with industrial chemicals, pesticides, and trash.[5],[6] As this transboundary pollution meanders through the valley, it generates hydrogen sulfide emissions and local scientists and communities have raised alarms about a particular emission site on Saturn Blvd, infamously known as the “hot spot”.[7] A constricted culvert under Saturn Blvd accelerates the untreated wastewater, generating turbulence and emitting hydrogen sulfide. When the wastewater is not diverted in Mexico, hydrogen sulfide has been detected at 2100 ppb (1-hour average), which is 70 times the nuisance standard, and frequently spikes depending on the flow rate of the sewage. Local scientists have demonstrated that averaging the hydrogen sulfide data over 1 hour to compare to the 30-ppb standard does not capture exceedances that occur within minutes and are suspected to have negative public health implications. The community has called for standards that consider different averaging times to capture these spikes and subsequent public notice and response.
- Salton Sea. Located in Riverside and Imperial counties, the Salton Sea tends to be a major source of hydrogen sulfide emissions due to a large influx of nutrients through agricultural runoff and the declining water levels, which increase the sea’s ability to mix.[8],[9],[10],[11] With summer conditions, monitoring efforts have shown that hydrogen sulfide frequently exceeds the 30 ppb standard, for hundreds of hours over the course of the season.[12] The humid climate of the region anecdotally exacerbates health effects and the current standard does not take humidity into account. These emissions impact communities already overburdened and suffering respiratory impacts from other emissions originating from the progressively declining Salton Sea, such as aerosolized seawater containing toxins and particulate matter released from the exposed seabed.9
Differences between monitoring techniques and deployment locations between local agencies and external groups have highlighted discrepancies in exceedances of the hydrogen sulfide standard.12 While there are jurisdictional limitations and particular considerations that influence where air quality management districts deploy their monitors, universities and non-governmental organizations have called for more comprehensive monitoring that factors in wind direction.9,12,[13]
These incidents fall outside existing regulatory frameworks because attainment plans, and any subsequent action, may not be applicable to sources without specific and identifiable responsible parties. This bill addresses this regulatory gap by requiring CARB to develop a response framework for addressing such incidents and OEHHA to develop additional health guidance values to complement mechanisms in the response framework, if necessary.
Comments
Purpose of Bill. According to the author, “For generations, families in some of the most economically strained parts of the state have suffered from millions of gallons of sewage and pollution flowing through the Tijuana River and emissions from the Salton Sea. This pollution has been harming our community for decades and yet our air quality standards haven’t been updated in nearly half a century. It is unacceptable that the regulatory standard monitoring the very air our families breathe is so woefully out of date, leaving communities at risk. Making this critical change is a long overdue step towards addressing an issue that has been allowed to fester for decades. It is critical that Sacramento finally act to help our community.”
FISCAL EFFECT: Appropriation: No Fiscal Com.: Yes Local: No
According to the Assembly Appropriations Committee:
- CARB estimates costs of $1.8 million in fiscal year (FY) 2027-28 for about six new positions, contract dollars, and equipment, followed by ongoing annual costs of $1.3 million in FY 2028-29 and ongoing (Air Pollution Control Fund).
Specifically, CARB expects to serve as a subject matter expert on H2S emission sources, health effects from ambient exposures, cross-media releases, exposure mitigation strategies, health-based Reference Exposure Levels (RELs), and health- and nuisance-based standards; draft the required framework and manage subsequent updates; consult and coordinate with a diverse group of stakeholders; lead public workshops and engage in targeted outreach to affected communities; develop region-specific and multilingual educational resources on the response framework in coordination with community-based organizations; serve as the technical lead on developing monitoring plans; serve as the response and outreach lead for incident operations; provide technical support and deliver guidance and training to local air districts and health agencies on monitoring and response planning; and various other tasks.
As part of the costs outlined above, CARB anticipates needing portable field instruments as well as air monitoring equipment to respond to planned and unplanned releases, spikes in air quality, and emergency incidents.
- The Office of Environmental Health Hazard Assessment (OEHHA) estimates ongoing annual costs of approximately $423,000 for two positions, a one-time contracting cost of $400,000, and ongoing annual contracting costs of $150,000 (General Fund). While the bill directs CARB to develop a response framework to address sources of H2S, in practice, CARB is very likely to consult with OEHHA in developing the required framework. OEHHA has previously developed RELs for H2S, which are used by CARB, local air districts, and others when evaluating emissions from facilities, permitting, and conducting health risk assessments. Accordingly, OEHHA expects to lend its technical expertise to CARB in the development and updating of H2S thresholds, participate in the required public workshops, and rely on a contractor for some of its technical support needs.
- OES and CDPH anticipate minor and absorbable costs to consult with CARB.
- Costs of an unknown, likely absorbable, amount for the regional water quality control boards to consult with CARB.
SUPPORT: (Verified 8/27/26)
Alianza Coachella Valley
Alliance San Diego
Azul
Cactustocloud Institute
City of Imperial
City of Imperial Beach
City of Indian Wells
City of Indio
City of Needles
Cleanearth4kids.org
Coachella Valley Association of Governments
Coalition for Clean Air
Coronado Democratic Club
Desert Care Network
Desert Recreation District
Environmental Health Coalition
Imperial Valley Equity & Justice Coalition
Imperial Valley Healthcare District
LA Cooperativa Campesina De California
Latino Outdoors
Leadership Counsel for Justice and Accountability
Loma Linda University Adventist Health Sciences Center and its Affiliated Entities
Los Amigos De LA Comunidad, INC.
Outdoor Outreach
Palm Desert Area Chamber of Commerce
San Diego for Every Child
San Diego; County of
Sierra Club
Sierra Service Project
Solana Beach Eco Rotary Club
Surfrider Foundation
Sustainable Socal
The Border Group
Tijuana River Coaliton
Un Mar De Colores
Wildcoast
YMCA of San Diego County
29 Individuals
OPPOSITION: (Verified 8/27/2026)
1 Individual
ASSEMBLY FLOOR: 78-0, 8/27/26
AYES: Addis, Aguiar-Curry, Ahrens, Alanis, Alvarez, Arambula, Ávila Farías, Bains, Bauer-Kahan, Bennett, Berman, Boerner, Bonta, Bryan, Calderon, Caloza, Carrillo, Castillo, Chen, Connolly, Davies, DeMaio, Dixon, Elhawary, Ellis, Flora, Fong, Gabriel, Garcia, Gipson, Jeff Gonzalez, Mark González, Hadwick, Haney, Harabedian, Hart, Hoover, Irwin, Jackson, Johnson, Kalra, Krell, Lackey, Lee, Lowenthal, Macedo, Muratsuchi, Nguyen, Ortega, Pacheco, Papan, Patel, Patterson, Pellerin, Petrie-Norris, Quirk-Silva, Ramos, Ransom, Celeste Rodriguez, Michelle Rodriguez, Rogers, Blanca Rubio, Sanchez, Schiavo, Schultz, Sharp-Collins, Solache, Soria, Stefani, Ta, Tangipa, Valencia, Wallis, Ward, Wicks, Wilson, Zbur, Rivas
NO VOTE RECORDED: McKinnor
Prepared by: Taylor McKie / E.Q. / (916) 651-4108
9/16/26 14:40:31
**** END ****
Office of Environmental Health and Hazard Assessment. (2000). Chronic Toxicity Summary: Hydrogen Sulfide. ↑
Office of Environmental Health and Hazard Assessment. (2008). Acute Toxicity Summary: Hydrogen Sulfide. ↑
Batterman, S., et. al. (2023). Low level exposure to hydrogen sulfide: a review of emissions, community exposure, health effects, and exposure guidelines. ↑
Nuvolone, D., et. al. (2019). Health effects associated with chronic exposure to low-level hydrogen sulfide from geothermoelectric power plants. ↑
McLamb, F., et. al. (2024). Evidence of transboundary movement of chemicals from Mexico to the U.S. in Tijuana River Estuary sediments. ↑
Cooper, A., et. al. (2025). Identifying wastewater chemicals in coastal aerosols. ↑
Rico, B., et. al. (2025). Heavily polluted Tijuana River drives regional air quality crisis. ↑
Reese, B., et. al. (2008). Hydrogen sulfide production and volatilization in a polymictic eutrophic saline lake, Salton Sea, California. ↑
Centeno, D., et. al. (2025). Hypereutrophication, Hydrogen Sulfide, and Environmental Injustices: Mechanisms and Knowledge Gaps at the Salton Sea. ↑
Márquez, C., et. al. (2025). Inadequate Government-Led Water-Quality Monitoring Hinders Improvement Efforts in the Salton Sea. ↑
Wilson, J. (2024). This stinks: Salton Sea now emitting bad smells year round. Here’s why. ↑
Márquez, C., et. al. (2025). Salton Sea Exceedances of California’s Air Quality Standards Highlight Governance Gaps and Monitoring Needs. ↑
Wilson, J. (2025). Study: Salton Sea is emitting foul gas at levels worse than official monitors show. ↑
SENATE RULES COMMITTEE Office of Senate Floor Analyses (916) 651-4171 | SB 58 |
UNFINISHED BUSINESS
Bill No: SB 58
Author: Padilla (D), et al.
Amended: 8/13/26
Vote: 21
SENATE ENVIRONMENTAL QUALITY COMMITTEE: 7-0, 1/13/26
AYES: Blakespear, Valladares, Dahle, Gonzalez, Menjivar, Pérez, Reyes
NO VOTE RECORDED: Hurtado
SENATE APPROPRIATIONS COMMITTEE: 7-0, 1/22/26
AYES: Caballero, Seyarto, Cabaldon, Dahle, Grayson, Richardson, Wahab
SENATE FLOOR: 39-0, 1/26/26
AYES: Allen, Alvarado-Gil, Archuleta, Arreguín, Ashby, Becker, Blakespear, Cabaldon, Caballero, Cervantes, Choi, Cortese, Dahle, Durazo, Grayson, Grove, Hurtado, Jones, Laird, Limón, McGuire, McNerney, Menjivar, Niello, Ochoa Bogh, Padilla, Pérez, Reyes, Richardson, Rubio, Seyarto, Smallwood-Cuevas, Stern, Strickland, Umberg, Valladares, Wahab, Weber Pierson, Wiener
NO VOTE RECORDED: Gonzalez
ASSEMBLY FLOOR: Passed, 8/27/26
SUBJECT: Air quality: standard: hydrogen sulfide
SOURCE: Author
DIGEST:
This bill requires the California Air Resources Board (CARB) to develop a response framework to address hydrogen sulfide gas, as described, and the Office of Environmental Health Hazard Assessment (OEHHA) to update and develop health-based levels for hydrogen sulfide, if necessary.
Assembly Amendments
require CARB to develop a response framework to address fugitive and natural sources of hydrogen sulfide gas and require OEHHA to update the acute and chronic reference exposure levels for hydrogen sulfide and determine additional health guidance values during the development of the response framework.
ANALYSIS:
Existing federal law:
- The federal Clean Air Act (CAA) and its implementing regulations set National Ambient Air Quality Standard (NAAQS) for six criteria pollutants, designate air basins that do not achieve NAAQS as nonattainment, and require states with nonattainment areas to submit a State Implementation Plan (SIP) detailing how they will achieve compliance with NAAQS. (42 U.S.C. 7401 et seq.)
Existing state law:
- Establishes OEHHA under the California Environmental Protection Agency and authorizes OEHHA to perform activities relating to the assessment of human health risks of chemicals, toxicology, or scientific consultation. (Health & Safety Code (HSC) § 59000 et seq.)
- Establishes CARB as the air pollution control agency in California and requires CARB, among other things, to control emissions from a wide array of mobile sources and coordinate with local air districts to control emissions from stationary sources in order to implement the CAA. (Health and Safety Code (HSC) § 39000 et seq.)
- Requires CARB to adopt ambient air quality standards for each air basin in consideration of the public health, safety, and welfare, and based upon the recommendations of OEHHA. (HSC § 39606(a)(2))
- Authorizes CARB or local air districts to adopt regulations to control pollutants associated with state ambient air quality standards, including hydrogen sulfide. (HSC § 40926)
- Required CARB, in consultation with OEHHA, to review all existing health-based ambient air quality standards, including hydrogen sulfide, to determine whether they adequately protect the health of the public, including infants and children, before December 31, 2000. (HSC § 39606(d))
- Requires, subject to the powers and duties of CARB, local air districts to adopt and enforce rules and regulations to achieve and maintain the state and federal air quality standards in all areas affected by emission sources under their jurisdiction, and to enforce all applicable provisions of state and federal law. (HSC § 40001)
- Authorizes local air district rules and regulations to provide for the prevention and abatement of air pollution episodes which cause discomfort or health risks to a significant number of persons. (HSC § 40001(b))
- Authorizes local air districts to sponsor, coordinate, and promote projects that will lead to the prevention, mitigation, or cure of the adverse effects of air pollution, including the adverse health effects of air pollution. (HSC § 40004)
This bill:
- Defines “fugitive source” to mean any source of emissions of hydrogen sulfide gas that is not currently regulated as a stationary source by a local air pollution control district or air quality management district.
- Defines “natural source” to mean a source of hydrogen sulfide occurring in nature as a result of environmental circumstances that is not regulated as a stationary source by a local air pollution control district or air quality management district.
- Requires CARB to develop a response framework that establishes best practices and guidance for addressing fugitive and natural sources of hydrogen sulfide gas and for community preparation and response to hydrogen sulfide exposure events originating from these sources in consultation with specified agencies and entities.
- Requires the response framework to do all of the following:
- Consider cross-media releases;
- Develop integrated, multiagency approaches to identify and address fugitive and natural sources;
- Develop methods for reducing identified fugitive and natural sources of hydrogen sulfide gas in impacted communities;
- Consider threshold levels, including the acute and chronic reference exposure levels developed by OEHHA, and corresponding actions and evaluate the need for additional threshold levels, averaging durations, and corresponding actions for sub-chronic exposures or short-term exposures;
- Develop best practices for measuring hydrogen sulfide levels in air and using monitoring data;
- Consider the influence of local and regional climates, and outdoor and indoor settings, on exposure; and
- Include an estimate of resources needed for its implementation by local and state agencies.
- Requires OEHHA to update the acute and chronic reference exposure levels for hydrogen sulfide and develop additional health guidance values for hydrogen sulfide, if the need is identified by CARB, in consultation with OEHHA, during development of the response framework.
- Requires CARB, in developing the response framework, to conduct at least three public workshops located in all of the following:
- At least one in the Tijuana River Valley region;
- At least one in the Salton Sea region; and
- At least one selected in consultation with a community that has experienced significant hydrogen sulfide exposure.
- Makes related findings and declarations.
Background
Hydrogen sulfide. Hydrogen sulfide, commonly associated with sewage, landfills, geothermal fields, and oil and natural gas extraction, is a toxic gas that produces a foul odor. Hydrogen sulfide is known to cause negative respiratory and neurological impacts at the acute exposure level, and while epidemiological information for chronic effects is limited, some studies suggest chronic exposure levels may be associated with ocular, cardiovascular, respiratory, and neurological impacts.[1],[2],[3],[4]
The odd ones out. Unlike the emissions from entities that CARB and local air districts regulate, there have been incidents of air emissions across the state that do not have a clear responsible party, but may far exceed established standards and have significant impacts on neighboring communities. The two situations highlighted by this bill are examples of these “orphan incidents”:
- Tijuana River Valley. Near the California-Mexico border, raw sewage from Tijuana crosses into San Diego County polluting the Tijuana River Valley with industrial chemicals, pesticides, and trash.[5],[6] As this transboundary pollution meanders through the valley, it generates hydrogen sulfide emissions and local scientists and communities have raised alarms about a particular emission site on Saturn Blvd, infamously known as the “hot spot”.[7] A constricted culvert under Saturn Blvd accelerates the untreated wastewater, generating turbulence and emitting hydrogen sulfide. When the wastewater is not diverted in Mexico, hydrogen sulfide has been detected at 2100 ppb (1-hour average), which is 70 times the nuisance standard, and frequently spikes depending on the flow rate of the sewage. Local scientists have demonstrated that averaging the hydrogen sulfide data over 1 hour to compare to the 30-ppb standard does not capture exceedances that occur within minutes and are suspected to have negative public health implications. The community has called for standards that consider different averaging times to capture these spikes and subsequent public notice and response.
- Salton Sea. Located in Riverside and Imperial counties, the Salton Sea tends to be a major source of hydrogen sulfide emissions due to a large influx of nutrients through agricultural runoff and the declining water levels, which increase the sea’s ability to mix.[8],[9],[10],[11] With summer conditions, monitoring efforts have shown that hydrogen sulfide frequently exceeds the 30 ppb standard, for hundreds of hours over the course of the season.[12] The humid climate of the region anecdotally exacerbates health effects and the current standard does not take humidity into account. These emissions impact communities already overburdened and suffering respiratory impacts from other emissions originating from the progressively declining Salton Sea, such as aerosolized seawater containing toxins and particulate matter released from the exposed seabed.9
Differences between monitoring techniques and deployment locations between local agencies and external groups have highlighted discrepancies in exceedances of the hydrogen sulfide standard.12 While there are jurisdictional limitations and particular considerations that influence where air quality management districts deploy their monitors, universities and non-governmental organizations have called for more comprehensive monitoring that factors in wind direction.9,12,[13]
These incidents fall outside existing regulatory frameworks because attainment plans, and any subsequent action, may not be applicable to sources without specific and identifiable responsible parties. This bill addresses this regulatory gap by requiring CARB to develop a response framework for addressing such incidents and OEHHA to develop additional health guidance values to complement mechanisms in the response framework, if necessary.
Comments
Purpose of Bill. According to the author, “For generations, families in some of the most economically strained parts of the state have suffered from millions of gallons of sewage and pollution flowing through the Tijuana River and emissions from the Salton Sea. This pollution has been harming our community for decades and yet our air quality standards haven’t been updated in nearly half a century. It is unacceptable that the regulatory standard monitoring the very air our families breathe is so woefully out of date, leaving communities at risk. Making this critical change is a long overdue step towards addressing an issue that has been allowed to fester for decades. It is critical that Sacramento finally act to help our community.”
FISCAL EFFECT: Appropriation: No Fiscal Com.: Yes Local: No
According to the Assembly Appropriations Committee:
- CARB estimates costs of $1.8 million in fiscal year (FY) 2027-28 for about six new positions, contract dollars, and equipment, followed by ongoing annual costs of $1.3 million in FY 2028-29 and ongoing (Air Pollution Control Fund).
Specifically, CARB expects to serve as a subject matter expert on H2S emission sources, health effects from ambient exposures, cross-media releases, exposure mitigation strategies, health-based Reference Exposure Levels (RELs), and health- and nuisance-based standards; draft the required framework and manage subsequent updates; consult and coordinate with a diverse group of stakeholders; lead public workshops and engage in targeted outreach to affected communities; develop region-specific and multilingual educational resources on the response framework in coordination with community-based organizations; serve as the technical lead on developing monitoring plans; serve as the response and outreach lead for incident operations; provide technical support and deliver guidance and training to local air districts and health agencies on monitoring and response planning; and various other tasks.
As part of the costs outlined above, CARB anticipates needing portable field instruments as well as air monitoring equipment to respond to planned and unplanned releases, spikes in air quality, and emergency incidents.
- The Office of Environmental Health Hazard Assessment (OEHHA) estimates ongoing annual costs of approximately $423,000 for two positions, a one-time contracting cost of $400,000, and ongoing annual contracting costs of $150,000 (General Fund). While the bill directs CARB to develop a response framework to address sources of H2S, in practice, CARB is very likely to consult with OEHHA in developing the required framework. OEHHA has previously developed RELs for H2S, which are used by CARB, local air districts, and others when evaluating emissions from facilities, permitting, and conducting health risk assessments. Accordingly, OEHHA expects to lend its technical expertise to CARB in the development and updating of H2S thresholds, participate in the required public workshops, and rely on a contractor for some of its technical support needs.
- OES and CDPH anticipate minor and absorbable costs to consult with CARB.
- Costs of an unknown, likely absorbable, amount for the regional water quality control boards to consult with CARB.
SUPPORT: (Verified 8/27/26)
Alianza Coachella Valley
Alliance San Diego
Azul
Cactustocloud Institute
City of Imperial
City of Imperial Beach
City of Indian Wells
City of Indio
City of Needles
Cleanearth4kids.org
Coachella Valley Association of Governments
Coalition for Clean Air
Coronado Democratic Club
Desert Care Network
Desert Recreation District
Environmental Health Coalition
Imperial Valley Equity & Justice Coalition
Imperial Valley Healthcare District
LA Cooperativa Campesina De California
Latino Outdoors
Leadership Counsel for Justice and Accountability
Loma Linda University Adventist Health Sciences Center and its Affiliated Entities
Los Amigos De LA Comunidad, INC.
Outdoor Outreach
Palm Desert Area Chamber of Commerce
San Diego for Every Child
San Diego; County of
Sierra Club
Sierra Service Project
Solana Beach Eco Rotary Club
Surfrider Foundation
Sustainable Socal
The Border Group
Tijuana River Coaliton
Un Mar De Colores
Wildcoast
YMCA of San Diego County
29 Individuals
OPPOSITION: (Verified 8/27/2026)
1 Individual
Prepared by: Taylor McKie / E.Q. / (916) 651-4108
8/27/26 16:26:12
**** END ****
Office of Environmental Health and Hazard Assessment. (2000). Chronic Toxicity Summary: Hydrogen Sulfide. ↑
Office of Environmental Health and Hazard Assessment. (2008). Acute Toxicity Summary: Hydrogen Sulfide. ↑
Batterman, S., et. al. (2023). Low level exposure to hydrogen sulfide: a review of emissions, community exposure, health effects, and exposure guidelines. ↑
Nuvolone, D., et. al. (2019). Health effects associated with chronic exposure to low-level hydrogen sulfide from geothermoelectric power plants. ↑
McLamb, F., et. al. (2024). Evidence of transboundary movement of chemicals from Mexico to the U.S. in Tijuana River Estuary sediments. ↑
Cooper, A., et. al. (2025). Identifying wastewater chemicals in coastal aerosols. ↑
Rico, B., et. al. (2025). Heavily polluted Tijuana River drives regional air quality crisis. ↑
Reese, B., et. al. (2008). Hydrogen sulfide production and volatilization in a polymictic eutrophic saline lake, Salton Sea, California. ↑
Centeno, D., et. al. (2025). Hypereutrophication, Hydrogen Sulfide, and Environmental Injustices: Mechanisms and Knowledge Gaps at the Salton Sea. ↑
Márquez, C., et. al. (2025). Inadequate Government-Led Water-Quality Monitoring Hinders Improvement Efforts in the Salton Sea. ↑
Wilson, J. (2024). This stinks: Salton Sea now emitting bad smells year round. Here’s why. ↑
Márquez, C., et. al. (2025). Salton Sea Exceedances of California’s Air Quality Standards Highlight Governance Gaps and Monitoring Needs. ↑
Wilson, J. (2025). Study: Salton Sea is emitting foul gas at levels worse than official monitors show. ↑
SENATE THIRD READING
STR Bill Id:SB 58
Author:(Padilla)
As Amended Ver:August 13, 2026
Majority vote
SUMMARY
Requires the Air Resources Board (ARB) to develop a response framework to address fugitive and natural sources of hydrogen sulfide (H2S).
Major Provisions
- Requires ARB, in consultation with local air districts, the Office of Environmental Health Hazard Assessment (OEHHA), the Office of Emergency Services, the State Department of Public Health, regional water quality control boards or other local or regional authorities, local environmental and public health agencies, universities and academic institutions, affected tribal governments, and community-based organizations, to develop a response framework that establishes best practices and guidance for addressing fugitive and natural sources of H2S gas and for community preparation and response to H2S exposure events originating from these sources.
- Requires the response framework to:
- Consider cross-media releases.
- Develop integrated, multiagency approaches to identify and address fugitive and natural sources.
- Develop methods for reducing identified fugitive and natural sources of H2S gas in impacted communities.
- Consider threshold levels and corresponding actions, and evaluate the need for additional threshold levels, averaging durations, and corresponding actions for subchronic or short-term exposures.
- Develop best practices for measuring H2S levels in air and using monitoring data.
- Consider the influence of local and regional climates, and outdoor and indoor settings, on exposure.
- Consider how responses may differ for shorter term incidents compared to conditions that may be expected to persist for longer periods.
- Include an estimate of resources needed for its implementation by local and state agencies.
- Requires OEHHA to update reference exposure levels, and develop additional health guidance values, for H2S if the need is identified by ARB, in consultation with OEHHA, during the development of the response framework.
- Requires ARB to conduct at least three public workshops located in the following:
- At least one in the Tijuana River Valley region.
- At least one in the Salton Sea region.
- At least one selected in consultation with a community that has experienced significant H2S exposure.
COMMENTS
Hydrogen sulfide is a colorless, flammable, poisonous gas with a rotten egg odor. It burns in air with a pale blue flame. Hydrogen sulfide is emitted during the burning of sulfur-containing fuel oil and coal and wherever organic matter undergoes putrefaction. It is also emitted from a variety of industrial sources, including paper plants, leather tanning, production of heavy water for nuclear reactors, and manufacture of chemicals and metals. The primary stationary sources that have reported emissions of hydrogen sulfide in California are electrical service companies, oil and gas extraction operations, and steam and air conditioning supply services. Hydrogen sulfide also occurs in coal pits, volcanic gases, natural gas wells, sulfur springs, and in decaying organic matter containing sulfur. Hydrogen sulfide is known to cause negative respiratory and neurological impacts at the acute exposure level, and while epidemiological information for chronic effects is limited, some studies suggest chronic exposure levels may be associated with ocular, cardiovascular, respiratory, and neurological impacts. Hydrogen sulfide is regulated as a nuisance based on odor detection, with an air quality standard of 30 parts per billion (ppb) averaged over one hour. OEHHA adopted this standard as the acute reference exposure level and established a chronic inhalation reference exposure level of 8 ppb (prolonged exposure greater than one year).
Unlike the emissions from entities that ARB and local air districts regulate, there have been incidents of air emissions across the state that do not have a clear responsible party, but may far exceed established standards and have significant impacts on neighboring communities. The two situations highlighted by this bill are examples of these "orphan incidents."
Near the California-Mexico border, raw sewage from Tijuana crosses into San Diego County polluting the Tijuana River Valley with industrial chemicals, pesticides, and trash. As this transboundary pollution meanders through the valley, it generates hydrogen sulfide emissions and local scientists and communities have raised alarms about a particular emission site on Saturn Blvd, infamously known as the "hot spot." A constricted culvert under Saturn Blvd accelerates the untreated wastewater, generating turbulence and emitting hydrogen sulfide. When the wastewater is not diverted in Mexico, hydrogen sulfide has been detected at 2100 ppb (1-hour average), which is 70 times the nuisance standard, and frequently spikes depending on the flow rate of the sewage. Local scientists have demonstrated that averaging the hydrogen sulfide data over 1 hour to compare to the 30 ppb standard does not capture exceedances that occur within minutes and are suspected to have negative public health implications. The community has called for standards that consider different averaging times to capture these spikes and subsequent public notice and response.
Located in Riverside and Imperial counties, the Salton Sea tends to be a major source of hydrogen sulfide emissions due to a large influx of nutrients through agricultural runoff and the declining water levels, which increase the sea's ability to mix. With summer conditions, monitoring efforts have shown that hydrogen sulfide frequently exceeds the 30 ppb standard, for hundreds of hours over the course of the season. The humid climate of the region anecdotally exacerbates health effects and the current standard does not take humidity into account. These emissions impact communities already overburdened and suffering respiratory impacts from other emissions originating from the progressively declining Salton Sea, such as aerosolized seawater containing toxins and particulate matter released from the exposed seabed.
According to the Author
SB 58 advances equity by improving the state's understanding of hydrogen sulfide exposure in disproportionately burdened communities, including the Tijuana River Valley and Salton Sea regions. These communities, often low-income, immigrant, Latino, and Tribal, experience repeated or prolonged exposure alongside other environmental and health stressors.
SB 58 requires a more comprehensive evaluation of hydrogen sulfide exposure, including acute and chronic impacts and vulnerable populations, to improve identification of gaps and inform sate responses. It seeks to strengthen understanding of community-level health risks and improve coordination among agencies responding to hydrogen sulfide events in the Tijuana River Valley and Salton Sea.
The bill seeks to improve the state's capacity to address environmental health disparities affecting vulnerable communities.
Arguments in Support
According to the County of San Diego, SB 58's intent to update hydrogen sulfide standards and develop health-based thresholds is critical to closing a decades-long regulatory gap and protecting vulnerable populations.
Arguments in Opposition
None received for current version.
FISCAL COMMENTS
According to the Assembly Appropriations Committee:
- ARB estimates costs of $1.8 million in fiscal year (FY) 2027-28 for about six new positions, contract dollars, and equipment, followed by ongoing annual costs of $1.3 million in FY 2028-29 and ongoing (Air Pollution Control Fund).
Specifically, ARB expects to serve as a subject matter expert on H2S emission sources, health effects from ambient exposures, cross-media releases, exposure mitigation strategies, health-based Reference Exposure Levels (RELs), and health- and nuisance-based standards; draft the required framework and manage subsequent updates; consult and coordinate with a diverse group of stakeholders; lead public workshops and engage in targeted outreach to affected communities; develop region-specific and multilingual educational resources on the response framework in coordination with community-based organizations; serve as the technical lead on developing monitoring plans; serve as the response and outreach lead for incident operations; provide technical support and deliver guidance and training to local air districts and health agencies on monitoring and response planning; and various other tasks.
As part of the costs outlined above, ARB anticipates needing portable field instruments as well as air monitoring equipment to respond to planned and unplanned releases, spikes in air quality, and emergency incidents.
- The Office of Environmental Health Hazard Assessment (OEHHA) estimates ongoing annual costs of approximately $423,000 for two positions, a one-time contracting cost of $400,000, and ongoing annual contracting costs of $150,000 (General Fund). While the bill directs ARB to develop a response framework to address sources of H2S, in practice, ARB is very likely to consult with OEHHA in developing the required framework. OEHHA has previously developed RELs for H2S, which are used by ARB, local air districts, and others when evaluating emissions from facilities, permitting, and conducting health risk assessments. Accordingly, OEHHA expects to lend its technical expertise to ARB in the development and updating of H2S thresholds, participate in the required public workshops, and rely on a contractor for some of its technical support needs.
- the Office of Emergency Services (OES) and the State Department of Public Health (CDPH) anticipate minor and absorbable costs to consult with ARB.
- Costs of an unknown, likely absorbable, amount for the regional water quality control boards to consult with ARB.
VOTES
SENATE FLOOR: 39-0-1
YES: Allen, Alvarado-Gil, Archuleta, Arreguín, Ashby, Becker, Blakespear, Cabaldon, Caballero, Cervantes, Choi, Cortese, Dahle, Durazo, Grayson, Grove, Hurtado, Jones, Laird, Limón, McGuire, McNerney, Menjivar, Niello, Ochoa Bogh, Padilla, Pérez, Reyes, Richardson, Rubio, Seyarto, Smallwood-Cuevas, Stern, Strickland, Umberg, Valladares, Wahab, Weber Pierson, Wiener
ABS, ABST OR NV: Gonzalez
ASM NATURAL RESOURCES: 14-0-0
YES: Bryan, Ellis, Alanis, Connolly, Garcia, Haney, Hoover, Kalra, Macedo, Muratsuchi, Pellerin, Schultz, Wicks, Zbur
ASM APPROPRIATIONS: 11-0-4
YES: Wicks, Arambula, Calderon, Caloza, Fong, Mark González, Krell, Pacheco, Pellerin, Sharp-Collins, Solache
ABS, ABST OR NV: Hoover, Dixon, Ta, Tangipa
UPDATED
VERSION: August 13, 2026
CONSULTANT: Lawrence Lingbloom / NAT. RES. / (916) 319-2092 FN: 0003612
Date of Hearing: August 5, 2026
ASSEMBLY COMMITTEE ON APPROPRIATIONS
Buffy Wicks, Chair
SBPCA Bill Id:SB 58
Author:(Padilla) – As Amended Ver:June 15, 2026
Policy Committee: | Natural Resources | Vote: | 14 - 0 |
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Urgency: No State Mandated Local Program: No Reimbursable: No
SUMMARY:
This bill requires the Air Resources Board (ARB) to develop a response framework to address fugitive and natural sources of hydrogen sulfide (H2S).
Specifically, this bill, among other things:
- Requires ARB, in consultation with local air districts, the Office of Emergency Services (OES), the State Department of Public Health (CDPH), regional water quality control boards or other local or regional authorities, local environmental and public health agencies, universities and academic institutions, affected tribal governments, and community-based organizations, to develop a response framework that establishes best practices and guidance for addressing fugitive and natural sources of H2S gas and for community preparation and response to H2S exposure events originating from these sources, as specified.
- Requires ARB, among other things, to conduct at least three public workshops, with at least one located in the Tijuana River Valley region, at least one in the Salton Sea region, and at least one selected in consultation with a community that has experienced significant H2S exposure.
FISCAL EFFECT:
1) ARB estimates costs of $1.8 million in fiscal year (FY) 2027-28 for about six new positions, contract dollars, and equipment, followed by ongoing annual costs of $1.3 million in FY 2028-29 and ongoing (Air Pollution Control Fund).
Specifically, ARB expects to serve as a subject matter expert on H2S emission sources, health effects from ambient exposures, cross-media releases, exposure mitigation strategies, health-based Reference Exposure Levels (RELs), and health- and nuisance-based standards; draft the required framework and manage subsequent updates; consult and coordinate with a diverse group of stakeholders; lead public workshops and engage in targeted outreach to affected communities; develop region-specific and multilingual educational resources on the response framework in coordination with community-based organizations; serve as the technical lead on developing monitoring plans; serve as the response and outreach lead for incident operations; provide technical support and deliver guidance and training to local air districts and health agencies on monitoring and response planning; and various other tasks.
As part of the costs outlined above, ARB anticipates needing portable field instruments as well as air monitoring equipment to respond to planned and unplanned releases, spikes in air quality, and emergency incidents.
2) The Office of Environmental Health Hazard Assessment (OEHHA) estimates ongoing annual costs of approximately $423,000 for two positions, a one-time contracting cost of $400,000, and ongoing annual contracting costs of $150,000 (General Fund). While the bill directs ARB to develop a response framework to address sources of H2S, in practice, ARB is very likely to consult with OEHHA in developing the required framework. OEHHA has previously developed RELs for H2S, which are used by ARB, local air districts, and others when evaluating emissions from facilities, permitting, and conducting health risk assessments. Accordingly, OEHHA expects to lend its technical expertise to ARB in the development and updating of H2S thresholds, participate in the required public workshops, and rely on a contractor for some of its technical support needs.
- OES and CDPH anticipate minor and absorbable costs to consult with ARB.
- Costs of an unknown, likely absorbable, amount for the regional water quality control boards to consult with ARB.
COMMENTS:
1) Purpose. According to the author:
SB 58 advances equity by improving the state’s understanding of hydrogen sulfide exposure in disproportionately burdened communities, including the Tijuana River Valley and Salton Sea regions. These communities, often low-income, immigrant, Latino, and Tribal, experience repeated or prolonged exposure alongside other environmental and health stressors.
2) Background. H2S, commonly associated with sewage, landfills, geothermal fields, and oil and natural gas extraction, is a toxic gas that produces a foul odor. H2S is known to cause negative respiratory and neurological impacts at the acute exposure level. While epidemiological information for chronic effects is limited, some studies suggest chronic exposure levels may be associated with ocular, cardiovascular, respiratory, and neurological impacts. ARB regulates H2S as a nuisance odor with the state standard established at 30 parts per billion averaged over one hour. ARB adopted this standard in 1969 and has not updated it since. Unlike the emissions from entities that ARB and local air districts regulate, there have been incidents of air emissions across the state that do not have a clear responsible party but may far exceed established standards and significantly harm neighboring communities.
Among others in support of this bill, San Diego County writes that the Tijuana River Valley faces an ongoing environmental and public health crisis driven by decades of transboundary sewage flows, which disproportionately affect already overburdened communities. This includes increased H2S exposure, which is often linked to sewage decomposition and anaerobic activity in impacted areas like the Tijuana River Valley. The county writes, “SB 58’s intent to update [H2S] standards and develop health-based thresholds is critical to closing a decades-long regulatory gap and protecting vulnerable populations.”
Similarly, the Tijuana River Coalition writes that overburdened communities surrounding the Salton Sea experience frequent elevated and chronic low-level H2S concentrations, caused by anaerobic biological activity, decomposition of organic matter, and shoreline emissions, with recorded levels frequently exceeding the state standard. The coalition argues, “Currently, no uniform standard on [H2S] exists across state and federal agencies. By conducting a review, we can fully understand the risk posed to human health and ensure we are taking appropriate steps to protect Californians.”
There is no opposition registered against this bill.
Analysis Prepared by: Nikita Koraddi / APPR. / (916) 319-2081
Date of Hearing: June 22, 2026
ASSEMBLY COMMITTEE ON NATURAL RESOURCES
Isaac G. Bryan, Chair
SBPCA Bill Id:SB 58
Author:(Padilla) – As Amended Ver:June 15, 2026
SENATE VOTE: 39-0
SUBJECT: Air quality: standard: hydrogen sulfide
SUMMARY: Requires the Air Resources Board (ARB) to develop a response framework to address fugitive and natural sources of hydrogen sulfide (H2S).
EXISTING LAW:
- The federal Clean Air Act (CAA) and its implementing regulations set National Ambient Air Quality Standard (NAAQS) for six criteria pollutants, designate air basins that do not achieve NAAQS as nonattainment, and require states with nonattainment areas to submit a State Implementation Plan (SIP) detailing how they will achieve compliance with NAAQS. (42 U.S.C. 7401 et seq.)
- Provides the ARB with primary responsibility for control of mobile source air pollution and provides that local air districts have primary responsibility for controlling air pollution from all sources, other than emissions from mobile sources, and establishes certain powers, duties, and requirements for those districts. (Health and Safety Code (HSC) 39500 et seq. and 40000 et seq.)
- Requires, subject to the powers and duties of the ARB, air districts to adopt and enforce rules and regulations to achieve and maintain the state and federal air quality standards in all areas affected by emission sources under their jurisdiction, and to enforce all applicable provisions of state and federal law. (HSC 40001)
- Prohibits any person from discharging from any source quantities of air contaminants or other material that cause injury, detriment, nuisance, or annoyance to any considerable number of persons or to the public, or that endanger the comfort, repose, health, or safety of any of those persons or the public. (HSC 41700)
- Establishes the Air Toxics “Hot Spots” Information and Assessment Act of 1987 to, among other things, require a health risk assessment to be submitted to the air districts that evaluates and predicts the dispersion of hazardous substances in the environment and the potential for exposure of human populations, and to assess and quantify both the individual and population wide health risks associated with those levels of exposure. (HSC 44300 et seq.)
- Requires the Office of Environmental Health Hazard Assessment (OEHHA) to adopt health-based exposure standards, known as Reference Exposure Levels (RELs), for toxic air contaminants, including H2S. (HSC 44360)
THIS BILL:
- Requires ARB, in consultation with the local air districts, the Office of Emergency Services, the State Department of Public Health, regional water quality control boards or other local or regional authorities, local environmental and public health agencies, universities and academic institutions, affected tribal governments, and community-based organizations, to develop a response framework that establishes best practices and guidance for addressing fugitive and natural sources of H2S gas and for community preparation and response to H2S exposure events originating from these sources.
- Requires ARB to consider cross-media releases, and develop integrated, multiagency approaches to identify and address fugitive and natural sources, and methods for reducing identified fugitive and natural sources of H2S gas in impacted communities.
- Requires ARB to consider and evaluate the inadequacies of the Acute, 8-hour, and Chronic Reference Exposure Levels for fugitive and natural sources of emissions for developing the response plan. Requires the evaluation to consider the following:
- Current scientific literature regarding acute, subchronic, and chronic health effects of H2S exposure, including the impact of chronic low-level exposure.
- The adequacy of current averaging times for characterizing hazardous exposure, including the frequency and duration of possible exposures.
- The influence of local and regional climates, outdoor, and indoor settings on exposure.
- Requires ARB to conduct at least three public workshops located in the following:
- At least one in the Tijuana River Valley region.
- At least one in the Salton Sea region.
- At least one selected in consultation with a community that has experienced significant H2S exposure.
- Establishes the following definitions:
- “Fugitive source” means any source of emissions of H2S gas that is not currently regulated as a stationary source by a local air district.
- “Local environmental and public health agencies” means any local entity that a health officer serves, or any local environmental health agency.
- “Natural source” means a source of H2S occurring in nature as a result of environmental circumstances.
FISCAL EFFECT: Unknown
COMMENTS:
- Background. Hydrogen sulfide is a colorless, flammable, poisonous gas with a rotten egg odor. It burns in air with a pale blue flame. Hydrogen sulfide is emitted during the burning of sulfur-containing fuel oil and coal and wherever organic matter undergoes putrefaction. It is also emitted from a variety of industrial sources, including paper plants, leather tanning, production of heavy water for nuclear reactors, and manufacture of chemicals and metals. The primary stationary sources that have reported emissions of hydrogen sulfide in California are electrical service companies, oil and gas extraction operations, and steam and air conditioning supply services. Hydrogen sulfide also occurs in coal pits, volcanic gases, natural gas wells, sulfur springs, and in decaying organic matter containing sulfur. Hydrogen sulfide is known to cause negative respiratory and neurological impacts at the acute exposure level, and while epidemiological information for chronic effects is limited, some studies suggest chronic exposure levels may be associated with ocular, cardiovascular, respiratory, and neurological impacts. Hydrogen sulfide is regulated as a nuisance based on odor detection, with an air quality standard of 30 parts per billion (ppb) averaged over one hour. OEHHA adopted this standard as the acute reference exposure level and established a chronic inhalation reference exposure level of 8 ppb (prolonged exposure greater than one year).
Unlike the emissions from entities that ARB and local air districts regulate, there have been incidents of air emissions across the state that do not have a clear responsible party, but may far exceed established standards and have significant impacts on neighboring communities. The two situations highlighted by this bill are examples of these “orphan incidents.”
Near the California-Mexico border, raw sewage from Tijuana crosses into San Diego County polluting the Tijuana River Valley with industrial chemicals, pesticides, and trash. As this transboundary pollution meanders through the valley, it generates hydrogen sulfide emissions and local scientists and communities have raised alarms about a particular emission site on Saturn Blvd, infamously known as the “hot spot.” A constricted culvert under Saturn Blvd accelerates the untreated wastewater, generating turbulence and emitting hydrogen sulfide. When the wastewater is not diverted in Mexico, hydrogen sulfide has been detected at 2100 ppb (1-hour average), which is 70 times the nuisance standard, and frequently spikes depending on the flow rate of the sewage. Local scientists have demonstrated that averaging the hydrogen sulfide data over 1 hour to compare to the 30 ppb standard does not capture exceedances that occur within minutes and are suspected to have negative public health implications. The community has called for standards that consider different averaging times to capture these spikes and subsequent public notice and response.
Located in Riverside and Imperial counties, the Salton Sea tends to be a major source of hydrogen sulfide emissions due to a large influx of nutrients through agricultural runoff and the declining water levels, which increase the sea’s ability to mix. With summer conditions, monitoring efforts have shown that hydrogen sulfide frequently exceeds the 30 ppb standard, for hundreds of hours over the course of the season. The humid climate of the region anecdotally exacerbates health effects and the current standard does not take humidity into account. These emissions impact communities already overburdened and suffering respiratory impacts from other emissions originating from the progressively declining Salton Sea, such as aerosolized seawater containing toxins and particulate matter released from the exposed seabed.
- Author’s statement:
SB 58 advances equity by improving the state’s understanding of hydrogen sulfide exposure in disproportionately burdened communities, including the Tijuana River Valley and Salton Sea regions. These communities, often low-income, immigrant, Latino, and Tribal, experience repeated or prolonged exposure alongside other environmental and health stressors.
SB58 requires a more comprehensive evaluation of hydrogen sulfide exposure, including acute and chronic impacts and vulnerable populations, to improve identification of gaps and inform sate responses. It seeks to strengthen understanding of community-level health risks and improve coordination among agencies responding to hydrogen sulfide events in the Tijuana River Valley and Salton Sea.
The bill seeks to improve the state’s capacity to address environmental health disparities affecting vulnerable communities.
REGISTERED SUPPORT / OPPOSITION:
Support
A Voice for Choice Advocacy
Climate Reality Project San Fernando Valley Chapter
Climate Reality Project, Los Angeles Chapter
County of San Diego
League of Women Voters of California
Sierra Club
Opposition
California Manufacturers and Technology Association
Analysis Prepared by: Lawrence Lingbloom / NAT. RES. /
SENATE RULES COMMITTEE Office of Senate Floor Analyses (916) 651-4171 | SB 58 |
THIRD READING
Bill No: SB 58
Author: Padilla (D), et al.
Amended: 1/14/26
Vote: 21
SENATE ENVIRONMENTAL QUALITY COMMITTEE: 7-0, 1/13/26
AYES: Blakespear, Valladares, Dahle, Gonzalez, Menjivar, Pérez, Reyes
NO VOTE RECORDED: Hurtado
SENATE APPROPRIATIONS COMMITTEE: 7-0, 1/22/26
AYES: Caballero, Seyarto, Cabaldon, Dahle, Grayson, Richardson, Wahab
SUBJECT: Air quality: standard: hydrogen sulfide
SOURCE: Author
DIGEST:
This bill requires the Office of Environmental Health Hazard Assessment (OEHHA) to develop additional health-based threshold levels for hydrogen sulfide.
ANALYSIS:
Existing federal law:
- The federal Clean Air Act (CAA) and its implementing regulations set National Ambient Air Quality Standard (NAAQS) for six criteria pollutants, designate air basins that do not achieve NAAQS as nonattainment, and require states with nonattainment areas to submit a State Implementation Plan (SIP) detailing how they will achieve compliance with NAAQS. (42 U.S.C. 7401 et seq.)
Existing state law:
- Establishes OEHHA under the California Environmental Protection Agency and authorizes OEHHA to perform activities relating to the assessment of human health risks of chemicals, toxicology, or scientific consultation. (HSC § 59000 et. seq.)
- Establishes the California Air Resources Board (CARB) as the air pollution control agency in California and requires CARB, among other things, to control emissions from a wide array of mobile sources and coordinate with local air districts to control emissions from stationary sources in order to implement the CAA. (Health and Safety Code (HSC) § 39000 et seq.)
- Requires CARB to adopt ambient air quality standards for each air basin in consideration of the public health, safety, and welfare, and based upon the recommendations of OEHHA. (HSC § 39606(a)(2))
- Authorizes CARB or local air districts to adopt regulations to control pollutants associated with state ambient air quality standards, including hydrogen sulfide. (HSC § 40926)
- Required CARB, in consultation with OEHHA, to review all existing health-based ambient air quality standards, including hydrogen sulfide, to determine whether they adequately protect the health of the public, including infants and children, before December 31, 2000. (HSC § 39606(d))
- Requires, subject to the powers and duties of CARB, local air districts to adopt and enforce rules and regulations to achieve and maintain the state and federal air quality standards in all areas affected by emission sources under their jurisdiction, and to enforce all applicable provisions of state and federal law. (HSC § 40001)
- Authorizes local air district rules and regulations to provide for the prevention and abatement of air pollution episodes which cause discomfort or health risks to a significant number of persons. (HSC § 40001(b))
- Authorizes local air districts to sponsor, coordinate, and promote projects that will lead to the prevention, mitigation, or cure of the adverse effects of air pollution, including the adverse health effects of air pollution. (HSC § 40004)
This bill:
- Requires OEHHA to develop health-based threshold levels for hydrogen sulfide, in addition to any standards adopted by CARB, on or before January 1, 2030.
- Requires OEHHA, in developing the threshold levels, to consider all of the following:
- Current scientific literature regarding acute, subchronic, and chronic health effects of hydrogen sulfide exposure;
- The adequacy of current averaging times and the need for additional threshold levels based on various averaging times;
- Outdoor and indoor air exposure;
- Local and regional climates, including whether existing standards and levels are appropriate for specific locations;
- Current federal, state, and international exposure guidelines; and,
- Corresponding actions for threshold levels.
- Authorizes OEHHA to develop threshold levels for additional air pollutants upon an appropriation from the Legislature.
- Authorizes OEHHA to develop threshold levels in consultation with CARB, air districts, the California Department of Public Health (CDPH), local or regional authorities, local environmental and public health agencies, universities and academic institutions, affected tribal governments, and community-based organizations.
- Requires OEHHA to conduct at least three public workshops, with at least one in the Tijuana River Valley region, the Salton Sea region, and a location selected in consultation with a community that has experienced significant hydrogen sulfide exposure.
- Requires air districts to adopt, and authorizes local environmental and public health agencies to consider, any threshold level developed by OEHHA.
- Authorizes CARB to adopt additional or updated standards based on the threshold levels developed by OEHHA.
- States the intent of the Legislature to develop guidelines that would require CARB, in consultation with specified entities, to develop a response framework based on the threshold levels developed by OEHHA.
- Makes related findings and declarations.
Background
- Hydrogen sulfide. Hydrogen sulfide, commonly associated with sewage, landfills, geothermal fields, and oil and natural gas extraction, is a toxic gas that produces a foul odor. Hydrogen sulfide is known to cause negative respiratory and neurological impacts at the acute exposure level, and while epidemiological information for chronic effects is limited, some studies suggest chronic exposure levels may be associated with ocular, cardiovascular, respiratory, and neurological impacts.[1],[2],[3],[4]
- Standards vs. thresholds. As amended January 5, 2026, this bill required CARB to adopt an updated standard for hydrogen sulfide. The role of CARB and local air districts is to protect the public from the harmful effects of air pollution and drive reductions through various programs and actions. The ambient air quality standards serve as a metric through which CARB and local air districts drive reductions in pollutants and coordinate efforts to maintain them. If an air quality standard is not met in a certain area, then CARB and local air districts must develop a plan to attain that standard. CARB and local air districts regulate mobile and stationary sources of pollution, respectively. These sources typically have a responsible party who can respond to regulatory requirements as outlined in attainment plans, face penalties for non-compliance, and implement controls to abate their emissions
Threshold levels, on the other hand, can be used as a tool for various programs and response mechanisms to protect public health, regardless of source. OEHHA typically establishes reference exposure levels (REL) to assess the risk of exposure to various toxins.[5] RELs are used in the Air Toxics Hot Spots Program to assess the risk of emissions by stationary sources and for health risk assessments. OEHHA has also been tasked to develop other thresholds, like for heavy metals released by metal shredding facilities (AB 2851, Bonta, Chapter 743, Statutes of 2024). In this case, the threshold levels will serve as triggers for community notification and potentially other actions.
This bill was amended in the Senate Environmental Quality Committee to require OEHHA to develop threshold levels for hydrogen sulfide in addition to existing RELs, rather than requiring CARB to update the hydrogen sulfide standard. Currently, CARB regulates hydrogen sulfide as a nuisance odor with the state standard established at 30 parts per billion (ppb) averaged over one hour.[6] OEHHA adopted this standard as the acute REL and established a chronic inhalation REL of 8 ppb (prolonged exposure greater than one year).1
- The odd ones out. Unlike the emissions from entities that CARB and local air districts regulate, there have been incidents of air emissions across the state that do not have a clear responsible party, but may far exceed established standards and have significant impacts on neighboring communities. The two situations highlighted by this bill are examples of these “orphan incidents”:
- Tijuana River Valley. Near the California-Mexico border, raw sewage from Tijuana crosses into San Diego County polluting the Tijuana River Valley with industrial chemicals, pesticides, and trash.[7],[8] As this transboundary pollution meanders through the valley, it generates hydrogen sulfide emissions and local scientists and communities have raised alarms about a particular emission site on Saturn Blvd, infamously known as the “hot spot”.[9] A constricted culvert under Saturn Blvd accelerates the untreated wastewater, generating turbulence and emitting hydrogen sulfide. When the wastewater is not diverted in Mexico, hydrogen sulfide has been detected at 2100 ppb (1-hour average), which is 70 times the nuisance standard, and frequently spikes depending on the flow rate of the sewage. Local scientists have demonstrated that averaging the hydrogen sulfide data over 1 hour to compare to the 30 ppb standard does not capture exceedances that occur within minutes and are suspected to have negative public health implications. The community has called for standards that consider different averaging times to capture these spikes and subsequent public notice and response.
- Salton Sea. Located in Riverside and Imperial counties, the Salton Sea tends to be a major source of hydrogen sulfide emissions due to a large influx of nutrients through agricultural runoff and the declining water levels, which increase the sea’s ability to mix.[10],[11],[12],[13] With summer conditions, monitoring efforts have shown that hydrogen sulfide frequently exceeds the 30 ppb standard, for hundreds of hours over the course of the season.[14] The humid climate of the region anecdotally exacerbates health effects and the current standard does not take humidity into account. These emissions impact communities already overburdened and suffering respiratory impacts from other emissions originating from the progressively declining Salton Sea, such as aerosolized seawater containing toxins and particulate matter released from the exposed seabed.11
Differences between monitoring techniques and deployment locations between local agencies and external groups have highlighted discrepancies in exceedances of the hydrogen sulfide standard.14 While there are jurisdictional limitations and particular considerations that influence where air quality management districts deploy their monitors, universities and non-governmental organizations have called for more comprehensive monitoring that factors in wind direction.11,14,[15]
These incidents fall outside existing regulatory frameworks because attainment plans, and any subsequent action, may not be applicable to sources without specific and identifiable responsible parties. Thus standards, used to achieve attainment, may not be the most useful tool in addressing the harms of these incidents.
- Responses involving responsible parties. There have been other incidents of hydrogen sulfide releases in which local agencies were able to identify a responsible party, and their responses have varied. Some of the actions taken in these situations may benefit communities impacted by such “orphan incidents”. For instance, a warehouse fire led to the release of product chemicals in the Dominguez Channel in Los Angeles County, prompting biological processes that resulted in hydrogen sulfide emissions. Technology played a key role in the resolution of this emergency, as a variety of monitoring technologies were deployed such as handheld, mobile, and fixed monitors, and odor neutralizers and aeration devices were used to mitigate emissions.[16] In 2015, a gas blowout occurred at the Aliso Canyon natural gas storage facility in LA County that led to the release of hydrogen sulfide emissions.[17] In part, the South Coast Air Quality Management District and CARB responded by establishing criteria for typical air quality levels for hydrogen sulfide at 10 ppb and reporting levels at 5 ppb.[18],[19]
Comments
- Purpose of Bill. According to the author, “For generations, families in some of the most economically strained parts of the state have suffered from millions of gallons of sewage and pollution flowing through the Tijuana River and emissions from the Salton Sea. This pollution has been harming our community for decades and yet our air quality standards haven’t been updated in nearly half a century. It is unacceptable that the regulatory standard monitoring the very air our families breathe is so woefully out of date, leaving communities at risk. Making this critical change is a long overdue step towards addressing an issue that has been allowed to fester for decades. It is critical that Sacramento finally act to help our community.”
- Response thresholds and a new framework. Whether there is an identified responsible party or not, exceedances of the hydrogen sulfide standard tend to generate varied responses from local communities and agencies. Each response is likely tailored to the particular public health impacts and local needs demonstrated by each community, but not all responses would work for all situations. It is also clear that the current standard for hydrogen sulfide may be insufficient in indicating hazards to public health. Thus, a new regulatory framework with tailored metrics or trigger points that center public health and response may better meet the needs of impacted communities.
Advisory and response thresholds developed by OEHHA could serve as metrics or trigger points and could consider different averaging times, climates and new research. Several countries have short-term 30-minute standards and long-term 24-hour standards for hydrogen sulfide.[20] It is also not clear the extent to which air districts and local agencies consider Acute Exposure Guideline Levels (AEGLs), which are typically used by emergency responders during accidental chemical releases.[21] AEGLs for hydrogen sulfide have been established at intervals under an hour, and given that emissions data may be solely averaged to compare to the 1-hour standard, this metric may be underutilized. Newly developed thresholds could consider these metrics or develop additional metrics.
Given that “orphan incidents” can lack a designated regulatory framework, discretion is left to local agencies on how to respond. It can be unclear what the most appropriate response would be, especially since local agencies may lack experience with such incidents and they could vary with context. A review of best practices during similar incidents inside and outside the state could inform guidelines on public notification procedures, local agency response actions and coordination, mitigation technologies, public health assessments, monitoring strategies, data collection, reporting, and resource availability. Establishing guidance could support local air districts and public health agencies and pairing this guidance with newly established response thresholds and existing standards could bring clarity in challenging situations.
FISCAL EFFECT: Appropriation: No Fiscal Com.: Yes Local: Yes
SUPPORT: (Verified 1/23/26)
Alianza Coachella Valley
Alliance San Diego
Azul
Cactustocloud Institute
City of Imperial
City of Imperial Beach
City of Indian Wells
City of Indio
City of Needles
Coachella Valley Association of Governments
Coalition for Clean Air
Coronado Democratic Club
Desert Care Network
Desert Recreation District
Environmental Health Coalition
Imperial Valley Equity & Justice Coalition
Imperial Valley Healthcare District
LA Cooperativa Campesina De California
Latino Outdoors
Leadership Counsel for Justice and Accountability
Loma Linda University Adventist Health Sciences Center and its Affiliated Entities
Los Amigos De LA Comunidad, INC.
Outdoor Outreach
Palm Desert Area Chamber of Commerce
San Diego for Every Child
Sierra Club
Sierra Service Project
Solana Beach Eco Rotary Club
Surfrider Foundation
The Border Group
Tijuana River Coaliton
Un Mar De Colores
Wildcoast
YMCA of San Diego County
OPPOSITION: (Verified 1/23/26)
Prepared by: Taylor McKie / E.Q. / (916) 651-4108
1/23/26 15:39:08
**** END ****
Office of Environmental Health and Hazard Assessment. (2000). Chronic Toxicity Summary: Hydrogen Sulfide. ↑
Office of Environmental Health and Hazard Assessment. (2008). Acute Toxicity Summary: Hydrogen Sulfide. ↑
Batterman, S., et. al. (2023). Low level exposure to hydrogen sulfide: a review of emissions, community exposure, health effects, and exposure guidelines. ↑
Nuvolone, D., et. al. (2019). Health effects associated with chronic exposure to low-level hydrogen sulfide from geothermoelectric power plants. ↑
Office of Environmental Health and Hazard Assessment. (2023). OEHHA Acute, 8-hour and Chronic Reference Exposure Level (REL) Summary. ↑
California Air Resources Board. (2026). Hydrogen Sulfide & Health. ↑
McLamb, F., et. al. (2024). Evidence of transboundary movement of chemicals from Mexico to the U.S. in Tijuana River Estuary sediments. ↑
Cooper, A., et. al. (2025). Identifying wastewater chemicals in coastal aerosols. ↑
Rico, B., et. al. (2025). Heavily polluted Tijuana River drives regional air quality crisis. ↑
Reese, B., et. al. (2008). Hydrogen sulfide production and volatilization in a polymictic eutrophic saline lake, Salton Sea, California. ↑
Centeno, D., et. al. (2025). Hypereutrophication, Hydrogen Sulfide, and Environmental Injustices: Mechanisms and Knowledge Gaps at the Salton Sea. ↑
Márquez, C., et. al. (2025). Inadequate Government-Led Water-Quality Monitoring Hinders Improvement Efforts in the Salton Sea. ↑
Wilson, J. (2024). This stinks: Salton Sea now emitting bad smells year round. Here’s why. ↑
Márquez, C., et. al. (2025). Salton Sea Exceedances of California’s Air Quality Standards Highlight Governance Gaps and Monitoring Needs. ↑
Wilson, J. (2025). Study: Salton Sea is emitting foul gas at levels worse than official monitors show. ↑
South Coast Air Quality Management District. (2024). Dominguez Channel Odor Event. ↑
County of Los Angeles Public Health. (n.d.). Aliso Canyon Disaster Health Research Study: Blowout and Public Health Disaster. ↑
South Coast Air Quality Management District. (2016). Aliso Canyon Facility Monitoring Network Plan. ↑
South Coast Air Quality Management District and California Air Resources Board. (2016). Criteria for Determining when Air Quality in the Porter Ranch and Surrounding Communities Has Returned to Typical Levels. ↑
Collins, J. and Lewis, D. (2000). Hydrogen Sulfide: Evaluation of Current California Air Quality Standards with Respect to Protection of Children. ↑
U.S. Environmental Protection Agency. (2025). Acute Exposure Guideline Levels for Airborne Chemicals. ↑
SENATE COMMITTEE ON
Senator Anna Caballero, Chair
2025 - 2026 Regular Session
SB 58 (Padilla) - Air quality: standard: hydrogen sulfide
Version: | Policy Vote: |
Urgency: | Mandate: |
Hearing Date: | Consultant: |
Bill Summary:
This bill would require the Office of Environmental Health Hazard Assessment (OEHHA) to develop health-based threshold levels for hydrogen sulfide, among other things, and would require the air pollution control districts and air quality management districts to adopt, and would authorize local environmental and public health agencies to consider, any threshold level later developed by the office pursuant to the bill.
Fiscal Impact:
- OEHHA estimates ongoing annual costs of approximately $423,000 (General Fund) for two positions and one-time funding of $400,000 with $150,000 ongoing (General Fund) in contracting costs. The staff and $400,000 would support the technical development of thresholds for hydrogen sulfide, including the required public workshops, and consultation with the California Air Resources Board (CARB) on developing the response framework intended by the bill. The contract dollars would address technical support needs, including but not limited to work on health impacts of odors from hydrogen sulfide, and community engagement. OEHHA asserts that ongoing staff resources and the $150,000 ongoing in contract dollars would be needed to maintain and update the hydrogen sulfide levels as appropriate and to enable OEHHA to develop thresholds, under Health and Safety Code 41514.7(c)(2), for other chemicals.
- CARB estimates ongoing costs of about $1.1 million annually (Air Pollution Control Fund, General Fund, or other special fund) to consult with OEHHA and update or adopt hydrogen sulfide standards as recommended by OEHHA.
Background:
Hydrogen sulfide, commonly associated with sewage, landfills, geothermal fields, and oil and natural gas extraction, is a toxic gas that produces a foul odor. Hydrogen sulfide is known to cause negative respiratory and neurological impacts at the acute exposure level, and while epidemiological information for chronic effects is limited, some studies suggest chronic exposure levels may be associated with ocular, cardiovascular, respiratory, and neurological impacts.
Hydrogen sulfide is regulated by CARB as a nuisance based on odor detection and the CAAQS for the chemical has been established at 30 parts per billion (ppb) averaged over one hour. OEHHA adopted this standard as the acute reference exposure level and established a chronic inhalation reference exposure level of 8 ppb (prolonged exposure greater than one year).3 A health-based standard for hydrogen sulfide would be established at a much higher level, as severe adverse health impacts are expected to occur at concentrations higher than 30 ppb.
As research progresses and new findings emerge, the air quality standards adopted by agencies adapt. NAAQS are reviewed by the U.S. Environmental Protection Agency (U.S. EPA) at five-year intervals, and all have been updated within the last 15 years. For all CAAQS, the last review took place on December 2000 and was initiated by the Children’s Environmental Health Protection Act (SB 25, Escutia, Chapter 731, Statutes of 1999). While the review (2000 Standards Review) led to updates for some standards, it ultimately concluded that the standard for hydrogen sulfide was reasonably health protective. The report further stated that the ambient levels of hydrogen sulfide are very low throughout most the state and the standard was considered a low priority for review since it was meant “to prevent odor annoyance and associated symptoms, outcomes that are clearly not as serious as those associated with [other] pollutants”.
Proposed Law:
This bill would:
- require, on or before January 1, 2030, OEHHA to develop health-based threshold levels for hydrogen sulfide.
- Further authorize OEHHA to develop threshold levels for additional air pollutants with the considerations specified for hydrogen sulfide upon an appropriation for this purpose from the Legislature.
- Require OEHHA to conduct at least 3 public workshops, including at least one located in the Tijuana River Valley region, at least one located in the Salton Sea region, and at least one selected in consultation with a community that has experienced significant hydrogen sulfide exposure.
- Require the air pollution control districts and air quality management districts to adopt, and would authorize local environmental and public health agencies to consider, any threshold level later developed by OEHHA pursuant to the bill. By imposing new duties on air pollution control districts and air quality management districts, the bill would impose a state-mandated local program.
- Authorize the California Air Resources Board (CARB) to adopt additional or updated standards based on the threshold levels developed pursuant to the bill.
- Express the intent of the Legislature to develop guidelines that would require CARB, in consultation with specified entities, to develop a response framework to establish best practices and guidance based on OEHHA’s development of thresholds established pursuant to the bill.
Related Legislation:
AB 1003 (Calderon, Chapter 537, Statutes of 2025) required a plan developed by CDPH with guidelines for significant air quality events to be completed by June 2027, and include public outreach and distribution of the plan.
AB 2851 (Bonta, Chapter 743, Statutes of 2025) required air districts to develop requirements for fence-line air quality monitoring and threshold levels for airborne contaminants associated with metal shredding facilities in consultation with OEHHA.
SB 867 (Allen, Chapter 83, Statutes of 2024) enacted the Safe Drinking Water, Wildfire Prevention, Drought Preparedness, and Clean Air Bond Act of 2024 authorizing the issuance of bonds in the amount of $10 billion to finance projects including, but not limited to drought, flood, and water resilience, coastal resilience, park creation, outdoor access, and clean air programs.
AB 619 (Calderon, Chapter 412, Statutes of 2021) required CDPH to develop a plan with recommendations and guidelines for counties to use in the case of significant air quality events caused by wildfires or other sources.
AB 1597 (Alvarez, 2023) would have authorized funds made available to the California Environmental Protection Agency (CalEPA) for North American Development Bank for loans, grants, and expenditures to address water quality problems arising in the California-Mexico cross-border watersheds. This bill was held on the suspense file in this committee.
AB 2248 (Eduardo Garcia, 2022) would have made $100 million available from the General Fund to the State Water Board for grants and direct expenditures to address water quality problems arising in the California-Mexico cross-border rivers. This bill was vetoed by Governor Newsom.
SB 1301 (Hueso, Chapter 368, Statutes of 2020) required CalEPA and the California Natural Resources Agency to collaborate to create a Tijuana River Valley Watershed Action Plan to be reviewed and updated on a 3-year cycle.
SB 690 (Hueso, Chapter 381, Statutes of 2019) encouraged the State Coastal Conservancy to prioritize projects identified in feasibility studies conducted by the County of San Diego for the Tijuana River Valley when expending funds to address transboundary flows and pollution in the Tijuana River Valley.
AB 965 (Eduardo Garcia, Chapter 668, Statutes of 2015) established the New River Wate Quality, Public Health, and River Parkway Development Program to coordinate funding and implementation for environmental and health projects and purposes relating to the California-Mexico border region.
AB 1095 (Eduardo Garcia, Chapter 722, Statutes of 2015) required the California Natural Resource Agency to submit a list of shovel-ready restoration projects for the Salton Sea to the Legislature by March 2016.
SB 277 (Ducheny, Chapter 611, Statutes of 2003) enacted the Salton Sea Restoration Act that established a fund for various purposes relating to restoration of the Salton Sea.
SB 25 (Escutia, Chapter 731, Statutes of 1999) required CARB to review all existing health-based ambient air quality standards to determine whether they adequately protect the health of the public, including infants and children, and to revise the highest priority air quality standard determined to be inadequate by December 2002.
-- END --
SENATE COMMITTEE ON ENVIRONMENTAL QUALITY
Senator Blakespear, Chair
2025 - 2026 Regular
Bill No: SB 58
Author: | Padilla | ||
Version: | 1/5/2026 | Hearing Date: | 1/13/26 |
Urgency: | No | Fiscal: | Yes |
Consultant: | Taylor McKie | ||
SUBJECT: Air quality: standard: hydrogen sulfide
DIGEST: This bill requires the California Air Resources Board (CARB) to review the ambient air quality standard for hydrogen sulfide and adopt an updated standard to protect public health.
ANALYSIS:
Existing federal law:
- The federal Clean Air Act (CAA) and its implementing regulations set National Ambient Air Quality Standard (NAAQS) for six criteria pollutants, designate air basins that do not achieve NAAQS as nonattainment, and require states with nonattainment areas to submit a State Implementation Plan (SIP) detailing how they will achieve compliance with NAAQS. (42 U.S.C. 7401 et seq.)
Existing state law:
- Establishes CARB as the air pollution control agency in California and requires CARB, among other things, to control emissions from a wide array of mobile sources and coordinate with local air districts to control emissions from stationary sources in order to implement the CAA. (Health and Safety Code (HSC) § 39000 et seq.)
- Requires CARB to adopt ambient air quality standards for each air basin in consideration of the public health, safety, and welfare, and based upon the recommendations of the Office of Environmental Health Hazard Assessment (OEHHA). (HSC § 39606(a)(2))
- Authorizes CARB or local air districts to adopt regulations to control pollutants associated with state ambient air quality standards, including hydrogen sulfide. (HSC § 40926)
- Required CARB, in consultation with OEHHA, to review all existing health-based ambient air quality standards, including hydrogen sulfide, to determine whether they adequately protect the health of the public, including infants and children, before December 31, 2000. (HSC § 39606(d))
- Requires, subject to the powers and duties of CARB, local air districts to adopt and enforce rules and regulations to achieve and maintain the state and federal air quality standards in all areas affected by emission sources under their jurisdiction, and to enforce all applicable provisions of state and federal law. (HSC § 40001)
- Authorizes local air district rules and regulations to provide for the prevention and abatement of air pollution episodes which cause discomfort or health risks to a significant number of persons (HSC § 40001(b))
- Authorizes local air districts to sponsor, coordinate, and promote projects that will lead to the prevention, mitigation, or cure of the adverse effects of air pollution, including the adverse health effects of air pollution (HSC § 40004)
- Establishes OEHHA under the California Environmental Protection Agency and authorizes OEHHA to perform activities relating to the assessment of human health risks of chemicals, toxicology, or scientific consultation (HSC § 59000 et. seq.)
This bill:
- Requires CARB to conduct a comprehensive review of the current ambient air quality standard for hydrogen sulfide and adopt an updated standard to protect public health.
- Requires CARB, in conducting the comprehensive review, to evaluate at least all of the following:
- Current scientific literature regarding the health effects of hydrogen sulfide exposure;
- Current federal, state, and international health-based exposure guidelines;
- Documented exposure conditions in the Tijuana River Valley and Salton Sea regions;
- The adequacy of current averaging times for toxic exposure assessments; and,
- Cumulative and disproportionate impacts on environmental justice communities.
- Requires CARB to conduct at least three public workshops during the review in regions including the Tijuana River Valley, Salton Sea, and an additional location selected in consultation with overburdened communities.
- Requires CARB to consult with local air districts, OEHHA, the California Department of Public Health (CDPH), affected tribal governments, and community-based organizations.
- Requires CARB to publish a report on its website following the completion of the review that includes scientific findings, exposure conditions, proposed revised standards, and monitoring strategies.
- Requires CARB to adopt an updated hydrogen sulfide ambient air quality standard to protect sensitive populations and overburdened communities within 12 months of publishing the report.
- Makes related findings and declarations.
Background
- Ambient air quality standards. The role of CARB and local air districts is to protect the public from the harmful effects of air pollution and drive reductions through various programs and actions. The ambient air quality standards, which define the maximum amount of pollutants that can be present in outdoor air without harming public health, serve as a metric through which CARB and local air districts drive reductions in pollutants and coordinate efforts to maintain them. The federal Clean Air Act requires that all states attain the National Ambient Air Quality Standards (NAAQS), which consist of standards for particulate matter, carbon monoxide, lead, ozone, and nitrogen and sulfur oxides.[1] California has established additional standards (CAAQS) for those and other pollutants, including hydrogen sulfide.[2] If an air quality standard is not met in a certain area, then CARB and local air districts must develop a plan to attain that standard.
- Hydrogen sulfide. Hydrogen sulfide, commonly associated with sewage, landfills, geothermal fields, and oil and natural gas extraction, is a toxic gas that produces a foul odor. Hydrogen sulfide is known to cause negative respiratory and neurological impacts at the acute exposure level, and while epidemiological information for chronic effects is limited, some studies suggest chronic exposure levels may be associated with ocular, cardiovascular, respiratory, and neurological impacts.[3],[4],[5],[6]
Hydrogen sulfide is regulated by CARB as a nuisance based on odor detection and the CAAQS for the chemical has been established at 30 parts per billion (ppb) averaged over one hour.[7] OEHHA adopted this standard as the acute reference exposure level and established a chronic inhalation reference exposure level of 8 ppb (prolonged exposure greater than one year).3 A health-based standard for hydrogen sulfide would be established at a much higher level, as severe adverse health impacts are expected to occur at concentrations higher than 30 ppb.
As research progresses and new findings emerge, the air quality standards adopted by agencies adapt. NAAQS are reviewed by the U.S. Environmental Protection Agency (U.S. EPA) at five-year intervals, and all have been updated within the last 15 years. For all CAAQS, the last review took place on December 2000 and was initiated by the Children’s Environmental Health Protection Act (SB 25, Escutia, Chapter 731, Statutes of 1999). While the review (2000 Standards Review) led to updates for some standards, it ultimately concluded that the standard for hydrogen sulfide was reasonably health protective. The report further stated that the ambient levels of hydrogen sulfide are very low throughout most the state and the standard was considered a low priority for review since it was meant “to prevent odor annoyance and associated symptoms, outcomes that are clearly not as serious as those associated with [other] pollutants”.[8]
- The odd ones out. While CARB’s regulatory framework focuses on mobile sources of emissions, like motor vehicles, the local air districts regulate stationary sources, such as industrial facilities. These sources typically have a responsible party who can respond to regulatory requirements, face penalties for non-compliance, and implement controls to abate their emissions. Unlike these regulated entities, there have been incidents or stationary sources of air emissions across the state that do not have a clear responsible party, but may far exceed established standards and have significant impacts on neighboring communities. The two situations highlighted by this bill are examples of these “orphan incidents”:
- Tijuana River Valley. Near the California-Mexico border, raw sewage from Tijuana crosses into San Diego County polluting the Tijuana River Valley with industrial chemicals, pesticides, and trash.[9],[10] As this transboundary pollution meanders through the valley, it generates hydrogen sulfide emissions and local scientists and communities have raised alarms about a particular emission site on Saturn Blvd, infamously known as the “hot spot”.[11] A constricted culvert under Saturn Blvd accelerates the untreated wastewater, generating turbulence and emitting hydrogen sulfide. When the wastewater is not diverted in Mexico, hydrogen sulfide has been detected at 2100 ppb (1-hour average), which is 70 times the nuisance standard, and frequently spikes depending on the flow rate of the sewage. Local scientists have demonstrated that averaging the hydrogen sulfide data over 1 hour to compare to the 30 ppb standard does not capture exceedances that occur within minutes and are suspected to have negative public health implications. The community has called for standards that consider different averaging times to capture these spikes and subsequent public notice and response.
- Salton Sea. Located in Riverside and Imperial counties, the Salton Sea tends to be a major source of hydrogen sulfide emissions due to a large influx of nutrients through agricultural runoff and the declining water levels, which increase the sea’s ability to mix.[12],[13],[14],[15] With summer conditions, monitoring efforts have shown that hydrogen sulfide frequently exceeds the 30 ppb standard, for hundreds of hours over the course of the season.[16] The humid climate of the region anecdotally exacerbates health effects and the current standard does not take humidity into account. These emissions impact communities already overburdened and suffering respiratory impacts from other emissions originating from the progressively declining Salton Sea, such as aerosolized seawater containing toxins and particulate matter released from the exposed seabed.13
Differences between monitoring techniques and deployment locations between local agencies and external groups have highlighted discrepancies in exceedances of the hydrogen sulfide standard.16 While there are jurisdictional limitations and particular considerations that influence where air quality management districts deploy their monitors, universities and non-governmental organizations have called for more comprehensive monitoring that factors in wind direction.13,16,[17]
- Responses involving responsible parties. There have been other incidents of hydrogen sulfide releases in which local agencies were able to identify a responsible party, and their responses have varied. Some of the actions taken in these situations may benefit communities impacted by such “orphan incidents”. For instance, a warehouse fire led to the release of product chemicals in the Dominguez Channel in Los Angeles County, prompting biological processes that resulted in hydrogen sulfide emissions. Technology played a key role in the resolution of this emergency, as a variety of monitoring technologies were deployed such as handheld, mobile, and fixed monitors, and odor neutralizers and aeration devices were used to mitigate emissions.[18] In 2015, a gas blowout occurred at the Aliso Canyon natural gas storage facility in LA County that led to the release of hydrogen sulfide emissions.[19] In part, the South Coast Air Quality Management District and CARB responded by establishing criteria for typical air quality levels for hydrogen sulfide at 10 ppb and reporting levels at 5 ppb.[20],[21]
Whether there is an identified responsible party or not, it is clear that exceedances of the hydrogen sulfide standard tend to generate varied responses from local communities and agencies. Each response is likely custom to particular public health impacts and local needs demonstrated by each community, but not all responses would work for all situations. Reviewing the standard may not change it, as the review would still consider science that originally determined the standard in addition to more recent literature. But more importantly, reviewing the standard may not change how communities respond to these incidents. However, it may be worthwhile to evaluate certain trigger points, their calculations, and responses that correspond to specific community needs.
Comments
- Purpose of Bill. According to the author, “For generations, families in some of the most economically strained parts of the state have suffered from millions of gallons of sewage and pollution flowing through the Tijuana River and emissions from the Salton Sea. This pollution has been harming our community for decades and yet our air quality standards haven’t been updated in nearly half a century. It is unacceptable that the regulatory standard monitoring the very air our families breathe is so woefully out of date, leaving communities at risk. Making this critical change is a long overdue step towards addressing an issue that has been allowed to fester for decades. It is critical that Sacramento finally act to help our community.”
- Are standards the solution? There may be merit to updating the hydrogen sulfide standard that was deprioritized during the 2000 Standards Review. With 25 years of further research, especially around chronic exposure, additional standards could be beneficial. Moreover, the previous review did not consider the various circumstances across the state that warrant more specificity and nuance. However, the unique situations calling for the proposed standard update fall out of the existing regulatory framework and the development of a new or updated standard would not lead to beneficial outcomes from regulatory action. Thus, rather than updating the existing standards in hope that it will apply at a lower concentration, a new regulatory framework with tailored metrics or trigger points that center public health and response may better meet the needs of impacted communities.
- Establishing response thresholds. Advisory and response thresholds developed by OEHHA could serve as metrics or trigger points and could consider different averaging times, climates and new research. The 2000 Standards Review referenced that several countries have short-term 30-minute standards and long-term 24-hour standards for hydrogen sulfide.8 It is also not clear the extent to which air districts and local agencies consider Acute Exposure Guideline Levels (AEGLs), which are typically used by emergency responders during accidental chemical releases.[22] AEGLs for hydrogen sulfide have been established at intervals under an hour, and given that emissions data may be solely averaged to compare to the 1-hour standard, this metric may be underutilized. Newly developed thresholds could consider these metrics or develop additional metrics. OEHHA could also consider possible local agency or community responses in the development of such thresholds, including, but not limited to the need for public advisory and notification, reporting, monitoring, regulatory action, mitigation efforts, or relocation. Air districts and other local agencies can adopt the developed thresholds and apply the appropriate response. This will also allow for a uniform approach to such incidents across the state. The author and committee may wish to require OEHHA to develop health-based advisory and response thresholds for hydrogen sulfide and require air districts to adopt any newly developed thresholds.
Given that the review and adoption of a new standard would initiate the rulemaking process within CARB and would involve the input of various stakeholders, any newly established standard may not be purely health-based, but would take into account the regulatory environment. Furthermore, a review of the standard within CARB may not result in any substantial change in the standard. Advisory and response thresholds could center public health and based on any newly developed thresholds, CARB could then adopt updated standards at its discretion. The author and committee may wish to authorize (rather than require) CARB to adopt updated standards, and do so based on any newly developed advisory or response thresholds.
- A framework for response. Given that these “orphan incidents” can lack a designated regulatory framework, discretion is left to local agencies on how to respond. It can be unclear what the most appropriate response would be, especially since local agencies may lack experience with such incidents and they could vary with context. A review of best practices during similar incidents inside and outside the state could inform guidelines on public notification procedures, local agency response actions and coordination, mitigation technologies, public health assessments, monitoring strategies, data collection, reporting, and resource availability. Establishing guidance could support local air districts and public health agencies and pairing this guidance with newly established response thresholds and existing standards could bring clarity in challenging situations.
There are already similar efforts underway, although it is unclear the extent those efforts take the issues presented here under full consideration. AB 619 (Calderon, Chapter 412, Statutes of 2021) required the California Department of Public Health (CDPH) to develop a plan with guidelines for counties to use during significant air quality events, such as wildfires and related events. This plan is required to be completed by June 2027 (AB 1003, Calderon, Chapter 537, Statutes of 2025), so there is an opportunity to align the needs presented here with the mandated plan or for coordination to reduce duplication. The author may wish to require OEHHA to develop a response framework or guidelines to establish best practices and guidance for threshold exceedance incidents that may impact public health in coordination with related entities.
- Committee amendments. Staff recommends the committee adopt the bolded amendments contained in comment 3 above.
Related/Prior Legislation
AB 1003 (Calderon, Chapter 537, Statutes of 2025) required a plan developed by CDPH with guidelines for significant air quality events to be completed by June 2027, and include public outreach and distribution of the plan.
AB 2851 (Bonta, Chapter 743, Statutes of 2025) required air districts to develop requirements for fence-line air quality monitoring and threshold levels for airborne contaminants associated with metal shredding facilities in consultation with OEHHA.
SB 867 (Allen, Chapter 83, Statutes of 2024) enacted the Safe Drinking Water, Wildfire Prevention, Drought Preparedness, and Clean Air Bond Act of 2024 authorizing the issuance of bonds in the amount of $10 billion to finance projects including, but not limited to drought, flood, and water resilience, coastal resilience, park creation, outdoor access, and clean air programs.
AB 619 (Calderon, Chapter 412, Statutes of 2021) required CDPH to develop a plan with recommendations and guidelines for counties to use in the case of significant air quality events caused by wildfires or other sources.
AB 1597 (Alvarez, 2023) would have authorized funds made available to the California Environmental Protection Agency (CalEPA) for North American Development Bank for loans, grants, and expenditures to address water quality problems arising in the California-Mexico cross-border watersheds. This bill was placed on the suspense file in the Senate Appropriations Committee.
AB 2248 (Eduardo Garcia, 2022) would have made $100 million available from the General Fund to the State Water Board for grants and direct expenditures to address water quality problems arising in the California-Mexico cross-border rivers. This bill was vetoed by Governor Newsom.
SB 1301 (Hueso, Chapter 368, Statutes of 2020) required CalEPA and the California Natural Resources Agency to collaborate to create a Tijuana River Valley Watershed Action Plan to be reviewed and updated on a 3-year cycle.
SB 690 (Hueso, Chapter 381, Statutes of 2019) encouraged the State Coastal Conservancy to prioritize projects identified in feasibility studies conducted by the County of San Diego for the Tijuana River Valley when expending funds to address transboundary flows and pollution in the Tijuana River Valley.
AB 965 (Eduardo Garcia, Chapter 668, Statutes of 2015) established the New River Wate Quality, Public Health, and River Parkway Development Program to coordinate funding and implementation for environmental and health projects and purposes relating to the California-Mexico border region.
AB 1095 (Eduardo Garcia, Chapter 722, Statutes of 2015) required the California Natural Resource Agency to submit a list of shovel-ready restoration projects for the Salton Sea to the Legislature by March 2016.
SB 277 (Ducheny, Chapter 611, Statutes of 2003) enacted the Salton Sea Restoration Act that established a fund for various purposes relating to restoration of the Salton Sea.
SB 25 (Escutia, Chapter 731, Statutes of 1999) required CARB to review all existing health-based ambient air quality standards to determine whether they adequately protect the health of the public, including infants and children, and to revise the highest priority air quality standard determined to be inadequate by December 2002.
SOURCE:
Author
SUPPORT:
Alianza Coachella Valley
Alliance San Diego
Azul
Cactustocloud Institute
City of Imperial
City of Imperial Beach
City of Indian Wells
City of Indio
City of Needles
Coronado Democratic Club
Desert Care Network
Desert Recreation District
Environmental Health Coalition
Imperial Valley Equity & Justice Coalition
Leadership Counsel for Justice and Accountability
Loma Linda University Adventist Health Sciences Center and its Affiliated Entities
Los Amigos De LA Comunidad, INC.
Outdoor Outreach
Palm Desert Area Chamber of Commerce
San Diego for Every Child
Sierra Club
Surfrider Foundation
The Border Group
YMCA of San Diego County
OPPOSITION:
None received
-- END --
California Air Resources Board. (2026). National Ambient Air Quality Standards. ↑
California Air Resources Board. (2026). California Ambient Air Quality Standards. ↑
Office of Environmental Health and Hazard Assessment. (2000). Chronic Toxicity Summary: Hydrogen Sulfide. ↑
Office of Environmental Health and Hazard Assessment. (2008). Acute Toxicity Summary: Hydrogen Sulfide. ↑
Batterman, S., et. al. (2023). Low level exposure to hydrogen sulfide: a review of emissions, community exposure, health effects, and exposure guidelines. ↑
Nuvolone, D., et. al. (2019). Health effects associated with chronic exposure to low-level hydrogen sulfide from geothermoelectric power plants. ↑
California Air Resources Board. (2026). Hydrogen Sulfide & Health. ↑
Collins, J. and Lewis, D. (2000). Hydrogen Sulfide: Evaluation of Current California Air Quality Standards with Respect to Protection of Children. ↑
McLamb, F., et. al. (2024). Evidence of transboundary movement of chemicals from Mexico to the U.S. in Tijuana River Estuary sediments. ↑
Cooper, A., et. al. (2025). Identifying wastewater chemicals in coastal aerosols. ↑
Rico, B., et. al. (2025). Heavily polluted Tijuana River drives regional air quality crisis. ↑
Reese, B., et. al. (2008). Hydrogen sulfide production and volatilization in a polymictic eutrophic saline lake, Salton Sea, California. ↑
Centeno, D., et. al. (2025). Hypereutrophication, Hydrogen Sulfide, and Environmental Injustices: Mechanisms and Knowledge Gaps at the Salton Sea. ↑
Márquez, C., et. al. (2025). Inadequate Government-Led Water-Quality Monitoring Hinders Improvement Efforts in the Salton Sea. ↑
Wilson, J. (2024). This stinks: Salton Sea now emitting bad smells year round. Here’s why. ↑
Márquez, C., et. al. (2025). Salton Sea Exceedances of California’s Air Quality Standards Highlight Governance Gaps and Monitoring Needs. ↑
Wilson, J. (2025). Study: Salton Sea is emitting foul gas at levels worse than official monitors show. ↑
South Coast Air Quality Management District. (2024). Dominguez Channel Odor Event. ↑
County of Los Angeles Public Health. (n.d.). Aliso Canyon Disaster Health Research Study: Blowout and Public Health Disaster. ↑
South Coast Air Quality Management District. (2016). Aliso Canyon Facility Monitoring Network Plan. ↑
South Coast Air Quality Management District and California Air Resources Board. (2016). Criteria for Determining when Air Quality in the Porter Ranch and Surrounding Communities Has Returned to Typical Levels. ↑
U.S. Environmental Protection Agency. (2025). Acute Exposure Guideline Levels for Airborne Chemicals. ↑
Discussed in Hearing
Senate Floor
Assembly Floor
Senate Floor
Senate Standing Committee on Environmental Quality
Bill Author
Bill Co-Author(s):