Existing law, the California Occupational Safety and Health Act of 1973, exists for the purpose of assuring safe and healthful working conditions for all California workers by authorizing the enforcement of effective standards, assisting and encouraging employers to maintain safe and healthful working conditions, and providing for research, information, education, training, and enforcement in the field of occupational safety and health. Existing law establishes the Occupational Safety and Health Standards Board within the Department of Industrial Relations for the adoption of occupational safety and health standards and establishes the Division of Occupational Safety and Health in that department for the enforcement of those occupational safety and health standards, as prescribed.

This bill would require the division, on or before January 1, 2030, to propose to the standards board, for its consideration and possible adoption, a standard that protects the health and safety of employees who risk high or prolonged exposure to transboundary pollution, as defined, in outdoor occupational environments, as specified. The bill would require the division to consider identifying an exposure threshold for hydrogen sulfide at which acute or chronic health effects occur to reference in the standards and may consider exposure thresholds for other relevant pollutants. The bill would authorize the division to develop the standard in consultation with other specified groups. The bill would authorize the standards board to adopt emergency regulations to implement these provisions.

Existing law, the California Occupational Safety and Health Act of 1973, exists for the purpose of assuring safe and healthful working conditions for all California workers by authorizing the enforcement of effective standards, assisting and encouraging employers to maintain safe and healthful working conditions, and providing for research, information, education, training, and enforcement in the field of occupational safety and health. Existing law establishes the Occupational Safety and Health Standards Board within the Department of Industrial Relations for the adoption of occupational safety and health standards and establishes the Division of Occupational Safety and Health in that department for the enforcement of those occupational safety and health standards, as prescribed.

This bill would require the division, on or before January 1, 2030, to propose to the standards board, for its consideration and possible adoption, a standard that protects the health and safety of employees who risk high or prolonged exposure to transboundary pollution, as defined, in outdoor occupational environments, as specified. The bill would require the division to consider identifying an exposure threshold for hydrogen sulfide at which acute or chronic health effects occur to reference in the standards and may consider exposure thresholds for other relevant pollutants. The bill would authorize the division to develop the standard in consultation with other specified groups. The bill would authorize the standards board to adopt emergency regulations to implement these provisions.

Existing law, the California Occupational Safety and Health Act of 1973, exists for the purpose of assuring safe and healthful working conditions for all California workers by authorizing the enforcement of effective standards, assisting and encouraging employers to maintain safe and healthful working conditions, and providing for research, information, education, training, and enforcement in the field of occupational safety and health. Existing law establishes the Occupational Safety and Health Standards Board within the Department of Industrial Relations for the adoption of occupational safety and health standards and establishes the Division of Occupational Safety and Health in that department for the enforcement of those occupational safety and health standards, as prescribed.

This bill would require the division, on or before January 1, 2030, to propose to the board standards board, for its review and consideration and possible adoption, a standard that protects the health and safety of employees who risk high or prolonged exposure to transboundary pollution, as defined, in outdoor occupational environments, as specified. The bill would require the board division to consider identifying an exposure threshold for hydrogen sulfide at which acute or chronic health effects occur to reference in the standards and may consider exposure thresholds for other relevant pollutants. The bill would authorize the board division to develop the standard in consultation with other specified groups. The bill would authorize the standards board to adopt emergency regulations to implement these provisions.

Existing law, the California Occupational Safety and Health Act of 1973, exists for the purpose of assuring safe and healthful working conditions for all California workers by authorizing the enforcement of effective standards, assisting and encouraging employers to maintain safe and healthful working conditions, and providing for research, information, education, training, and enforcement in the field of occupational safety and health. Existing law establishes the Occupational Safety and Health Standards Board within the Department of Industrial Relations for the adoption of occupational safety and health standards and establishes the Division of Occupational Safety and Health in that department for the enforcement of those occupational safety and health standards, as prescribed.

This bill would require the division, on or before January 1, 2030, to propose to the board for its review and adoption, a standard that protects the health and safety of employees who risk high or prolonged exposure to transboundary pollution, as defined, in outdoor occupational environments, as specified. The bill would require the board to consider identifying an exposure threshold for hydrogen sulfide at which acute or chronic health effects occur to reference in the standards and may consider exposure thresholds for other relevant pollutants. The bill would authorize the board to develop the standards standard in consultation with other specified groups. The bill would authorize the board to adopt emergency regulations to implement these provisions.

Existing law, the California Occupational Safety and Health Act of 1973, exists for the purpose of assuring safe and healthful working conditions for all California workers by authorizing the enforcement of effective standards, assisting and encouraging employers to maintain safe and healthful working conditions, and providing for research, information, education, training, and enforcement in the field of occupational safety and health. Existing law establishes the Occupational Safety and Health Standards Board within the Department of Industrial Relations for the adoption of occupational safety and health standards and establishes the Division of Occupational Safety and Health in that department for the enforcement of those occupational safety and health standards, as prescribed.

Existing law, the California Occupational Safety and Health Act of 1973, exists for the purpose of assuring safe and healthful working conditions for all California workers by authorizing the enforcement of effective standards, assisting and encouraging employers to maintain safe and healthful working conditions, and providing for research, information, education, training, and enforcement in the field of occupational safety and health. Existing law establishes the Occupational Safety and Health Standards Board within the Department of Industrial Relations for the adoption of occupational safety and health standards and establishes the Division of Occupational Safety and Health in that department for the enforcement of those occupational safety and health standards, as prescribed.

This bill would state the intent of the Legislature to enact legislation to direct the Occupational Safety and Health Standards Board to develop standards or guidelines for the exposure of workers to contaminated transboundary flows.

 UNFINISHED BUSINESS  

Bill No: SB 1046

Author: Blakespear (D) and Padilla (D)

Amended: 8/21/26

Vote: 21

SENATE LABOR, PUB. EMP. & RET. COMMITTEE: 4-0, 4/8/26

AYES: Smallwood-Cuevas, Strickland, Cortese, Durazo

NO VOTE RECORDED: Laird

SENATE APPROPRIATIONS COMMITTEE: 7-0, 5/14/26

AYES: Cervantes, Seyarto, Cabaldon, Dahle, Grayson, Richardson, Wahab

SENATE FLOOR: 38-0, 5/20/26

AYES: Allen, Alvarado-Gil, Archuleta, Arreguín, Ashby, Blakespear, Cabaldon, Caballero, Cervantes, Choi, Cortese, Dahle, Durazo, Gonzalez, Grayson, 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: Becker, Grove

ASSEMBLY FLOOR: 76-0, 8/25/26 - See last page for vote

SUBJECT: Occupational safety: transboundary pollution

SOURCE: SEIU California

DIGEST:

This bill requires the Division of Occupational Safety and Health (Cal/OSHA), on or before January 1, 2030, to propose to the Occupational Safety and Health Standards Board (Standards Board) a standard that protects the health and safety of employees who risk high or prolonged exposure to transboundary pollution in outdoor occupational environments, as specified.

Assembly Amendments

1) clarify the definition of transboundary pollution; 2) specify that Cal/OSHA shall submit a standard on transboundary pollution to the Standards Board for its consideration and possible adoption, rather than for its review and adoption; 3) require Cal/OSHA’s proposed standard to apply to high-risk employees who work within a 10-mile radius of specified areas; 4) authorize, rather than require, the proposed standard to include specified criteria; and 5) make technical changes.

ANALYSIS:

Existing law:

1. Requires, under the California Occupational Safety and Health Act, an employer to:
2. Furnish employment and a place of employment that is safe and healthful.
3. Furnish and use safety devices and safeguards, as well as adopt and use practices, means, methods, operations, and processes that are reasonably adequate to render employment and the place of employment safe and healthful.
4. Do everything reasonably necessary to protect the life, safety, and health of employees. (Labor Code §6300 et seq.)
5. Establishes the Division of Occupational Safety and Health (Cal/OSHA) within the Department of Industrial Relations (DIR) to, among other things, propose, administer, and enforce occupational safety and health standards. (Labor Code §6300 et seq.)
6. Establishes the Occupational Safety and Health Standards Board (Standards Board), within DIR, to promote, adopt, and maintain reasonable and enforceable standards that will ensure a safe and healthful workplace for workers. (Labor Code §140-147.6)
7. Requires Cal/OSHA to enforce all occupational safety and health standards adopted by the Standards Board, as specified. (Labor Code §142 and §144.5)
8. Stipulates that in promulgating standards dealing with toxic materials or harmful physical agents, the Standards Board shall adopt standards to prevent employees from suffering adverse health effects even if these employees have regular exposure to a regulated hazard (Labor Code §144.6).

This bill:

1. Requires Cal/OSHA, on or before January 1, 2030, to propose to the Standards Board, for its consideration and possible adoption, a standard that protects the health and safety of employees who risk high or prolonged exposure to transboundary pollution in outdoor occupational environments.
2. Provides that the standard shall apply to lifeguards, park rangers, and other employees that Cal/OSHA determines are at high risk, who work within a 10-mile radius of the boundary of any of the following:
3. The Tijuana River Valley Regional Park.
4. The Tijuana Slough National Wildlife Refuge.
5. The Tijuana River.
6. The New River.
7. Provides that the standard described in 1) may include all of the following:
8. Personal protective equipment, which may include, but not be limited to, respiratory protection and protective attire.
9. Medical surveillance, which may include, but not be limited to, medical examination rights, medical procedures, and reporting requirements.
10. Hazard communication, which may include, but not be limited to, notice of anticipated wet weather or other high-exposure events and any available data on pollution exposure conditions.
11. Reporting and recordkeeping practices. In developing these practices, Cal/OSHA shall consider, at minimum, both of the following:
12. Incident or exposure report forms for use by employees.
13. Maintaining data on exposure threshold exceedances, health-related symptoms developed following job duties, sick leave related to exposure incidents, and weather events exacerbating transboundary pollution.
14. Training for employees and supervisors that includes, but is not limited to, all of the following:
15. Information on workplace hazards relating to the regional environmental conditions.
16. Potential health effects of exposure to transboundary pollution, including related symptoms.
17. Use of personal protective equipment.
18. Reporting practices.
19. Provides that 3) does not limit the authority of Cal/OSHA to develop a standard, or the authority of the Standards Board to adopt a standard, that is broader in scope or broader in application than required by these provisions.
20. Requires Cal/OSHA to consider identifying an exposure threshold for hydrogen sulfide at which acute or chronic health effects occur to reference in the standards and may consider exposure thresholds for other relevant pollutants.
21. Authorizes Cal/OSHA to develop the standards described in 1) in consultation with lifeguards, park rangers, trade and labor unions, cities, counties, private and public sector employers, air districts, local environmental and public health agencies, universities and academic institutions, the Department of Parks and Recreation, the State Air Resources Board, the State Water Resources Control Board, regional water quality control boards, and the Office of Environmental Health Hazard Assessment.
22. Authorizes the Standards Board to adopt emergency regulations to implement these provisions, as specified.
23. Defines “lifeguard” as a person actively employed as a lifeguard by a city, county, city and county, district, or other public or municipal corporation or political subdivision, or a person actively employed as a state lifeguard by the Department of Parks and Recreation.
24. Defines “park ranger” as a person that enforces park rules and regulations and is actively employed as a park ranger by a city, county, city and county, district, or other public or municipal corporation or political subdivision, or is actively employed as a state park ranger by the Department of Parks and Recreation.
25. Defines “transboundary pollution” as environmental pollutants or toxins contaminating state water or air that originate from Baja California, enter through the Tijuana River, the Pacific Ocean, or the New River, and threaten the health and safety of the public or environment.
26. Makes various findings and declarations related to the Tijuana River Valley and transboundary pollution.

Background

Occupational Safety and Health Standards Board (Standards Board). The Standards Board, within Cal/OSHA, is the only agency in the state authorized to adopt, amend, or repeal occupational safety and health standards or orders. Its mission is to promote, adopt, and maintain reasonable and enforceable standards that ensure a safe and healthful workplace. The Standards Board consists of seven members appointed by the Governor. Two members are selected from labor, two members from management, one member from occupational safety, one member from occupational health, and one member from the general public. Among other responsibilities, the Standards Board 1) adopts and maintains standards; 2) considers petitions for new or revised standards proposed by any interested person; and 3) grants permanent variances from standards. To carry out its duties, the Standards Board holds monthly meetings throughout California.

The Standards Board must adopt standards at least as effective as federal ones for all health and safety issues that have federal standards promulgated under the Occupational Safety and health Act of 1970. Additionally, the Standards Board maintains standards unique to the state, like those for amusement rides, aerial passenger tramways, and heat illness. Depending on its scope and application, standards can apply to state and local government and private sector workplace operations.

The Administrative Procedure Act governs the public hearing and adoption process. After a rulemaking action is deemed necessary, proposed standard changes are developed by either the Standard Board's staff or Cal/OSHA’s staff, generally with the assistance and recommendations of an advisory committee. Advisory committees consist of representatives from industry, labor, the public, and other interested groups. If the changes are related to federal standards, the proposal is reviewed by Federal OSHA staff. The proposal is then scheduled for hearing at one of the Board's monthly meetings, so that written and oral testimony can be solicited. Following the public hearing, all testimony is returned to the originating staff (either the Standards Board staff or Cal/OSHA) for review. When all comments and testimony have been addressed by either modifying the proposal or providing a satisfactory explanation for rejection of suggested changes, the Standards Board's staff schedules the proposed standard for consideration and adoption at its next meeting. Following adoption, a copy of the rulemaking file is sent to the Office of Administrative Law. After approval, the standards are published in Title 8 of the California Code of Regulations.

The Tijuana River Valley and Transboundary Pollution. Every day the Tijuana River carries millions of gallons of untreated sewage, industrial waste, and contaminated runoff across the U.S.-Mexico border. The river flows through Tijuana, Mexico and into the United States via the Tijuana River Valley in southern San Diego County, before emptying into the Pacific Ocean. Factories and shanty towns in Tijuana that aren’t connected to the city’s sewage system are primarily responsible for the pollution. Although this binational problem dates back decades, explosive population growth in Tijuana, aging wastewater treatment plants in both the U.S. and Mexico, and climate change have exacerbated pollution.

Communities near the river suffer adverse health and economic impacts. Scientists have detected high levels of hydrogen sulfide in the air, which can cause headaches, fatigue, skin infections, anxiety, and respiratory and gastrointestinal problems. All of which are symptoms that residents near the river have complained of for years. According to the U.S. Centers for Disease Control and Prevention, nearly half of the 40,900 households in the southern San Diego County region have experienced health problems most likely attributable to the pollution. The Office of the Naval Inspector General found that in 2025, more than 1,100 Navy recruits contracted gastrointestinal illnesses after training in southern San Diego waters. On top of the health issues, the contaminated ocean water and hydrogen sulfide also destabilize local economies that rely on tourism. Imperial Beach has been closed for over 1,300 consecutive days and Coronado Beach closes intermittently due to contamination.

There are no overnight solutions that will alleviate health issues and reopen beaches. Instead, officials from the U.S. and Mexico will need to work together to expand sewage treatment plants, test water quality, and survey impacted residents to understand health issues. Despite the Trump Administration’s cuts to other federal programs, money has continued to flow for Tijuana River cleanup. In July of 2025, the U.S. and Mexico signed a memorandum of understanding aimed at ending the flow of raw sewage into the Tijuana River. Under the deal, Mexico agreed to complete an allocation of $93 million toward sanitation infrastructure and complete all projects by December 31, 2027, and the U.S. agreed to release funds for water infrastructure improvements on the border. A subsequent agreement, known as Minute 333, was signed in December of 2025.

SB 1046. The prior legislation section details the Legislature’s long history of directing Cal/OSHA to develop and propose to the Standards Board various health and safety standards. SB 1046 would continue this practice by requiring Cal/OSHA, on or before January 1, 2030, to propose to the Standards Board a standard that protects the health and safety of employees who risk high or prolonged exposure to transboundary pollution in outdoor occupational environments, as specified. The measure would also authorize the Cal/OSHA to consider identifying an exposure threshold for hydrogen sulfide at which acute or chronic health effects occur to reference in the adopted standard and to consider exposure thresholds for other relevant pollutants.

Related/Prior Legislation

AB 1181 (Haney, Chapter 392, Statutes of 2025) required the Standards Board to consider modifying its existing safety order, by January 1, 2028, in a manner that addresses National Fire Protection Association performance standards for PPE that result in the use of perfluoroalkyl and polyfluoroalkyl substances and other hazardous substances in firefighting personal protective garments and auxiliary firefighting PPE.

AB 2975 (Gipson, Chapter 749, Statutes of 2024) required the Standards Board, by March 1, 2027, to amend the existing workplace violence prevention in health care standard to require licensed hospitals to implement a weapons detection screening policy that includes the use of weapons detection devices that automatically screen a person’s body at specified entrances.

AB 1007 (Ortega, Chapter 352, Statutes of 2023) required Cal/OSHA, by December 1, 2026, to submit to the Standards Board a proposed regulation requiring a health facility to evacuate or remove plume using plume scavenging systems in all settings that employ techniques that involve the creation of plume. This bill also required the Standards Board to consider the proposed regulation for adoption by June 1, 2027.

AB 2243 (Garcia, Chapter 778, Statutes of 2022) required Cal/OSHA, before December 1, 2025, to submit to the Standards Board a proposal to consider revising the heat illness standard, as specified, and the wildfire smoke standard for farm workers to increase the protection of workers exposed to heat and smoke in outdoor settings, as specified.

SB 1167 (Mendoza, Chapter 839, Statutes of 2016) required Cal/OSHA to propose to the Standards Board for review and adoption, a standard that minimizes heat-related illness and injury among workers working in indoor places of employment by January 1, 2019.

SB 1299 (Padilla, Chapter 842, Statutes of 2014) required the Standards Board, no later than July 1, 2016, to adopt standards that require specified hospitals to adopt a workplace violence prevention plan as part of their injury and illness prevention plan to protect health care workers and other facility personnel from aggressive and violent behavior.

FISCAL EFFECT: Appropriation: No Fiscal Com.: Yes Local: No

According to the Assembly Appropriations Committee:

1. Costs of approximately $1.2 million in the first year and $1.1 million each additional year of the rulemaking project to the Department of Industrial Relations (DIR), as well as one-time costs of $100,000 if DIR must conduct a Standardized Regulatory Impact Assessment as part of the process (Occupational Safety and Health Fund). Additionally, Cal/OSHA will likely incur costs of an unknown amount for enforcement once the standard is enacted.
2. One-time costs of approximately $250,000 to OEHHA for an external contract to support identification of the hydrogen sulfide exposure threshold, to study the long-term health effects of hydrogen sulfide exposure, and work with Cal/OSHA and OSHSB to incorporate these findings into the standard (General Fund). OEHHA also estimates absorbable costs to provide public information and engage with interested parties related to this work.
3. Likely minor and absorbable costs to other named state agencies (Department of Parks and Recreation, Air Resources Board (ARB), and State Water Resources Control Board) to consult with OSHSB to develop the standard.

SUPPORT: (Verified 8/25/26)

SEIU California (Source)

Boys & Girls Clubs of South County

Cleanearth4kids.org

Environmental Center of San Diego

League of Women Voters of California

League of Women Voters of San Diego

Outdoor Outreach

San Diego Bird Alliance

Sierra Club

Stop the Sewage

Surfrider Foundation

Surfrider Foundation San Diego County

Teamsters California

Tijuana River Coalition

Tribal Sacred Waters, INC

Un Mar De Colores

YMCA of San Diego County

OPPOSITION: (Verified 8/25/26)

None received

ARGUMENTS IN SUPPORT:

According to SEIU California:

“Transboundary pollution contaminates the air, water, and soil of border cities and counties, including San Diego, Imperial Beach, and Calexico. Every year, the Tijuana River transports millions of gallons of untreated wastewater, including sewage and industrial waste, from Tijuana into California. This decades-old crisis has plagued the South Bay coastline, resulting in 1,300 consecutive days of beach closures as of 2025…

SEIU members working near the California–Mexico border are at a heightened risk of occupational exposure to transboundary pollution. Currently, they risk illness with little to no protection or accommodations. Unlike other workplace hazards, there is currently no guidance on reporting illnesses, tracking incidents, or providing protective communication. Lifeguards and park rangers frequently experience headaches, fatigue, nausea, abdominal pain, and even bloody noses. After performing water rescues, lifeguards often require several days to recover from symptoms before they can return to work.

SB 1046 would direct the Division of Occupational Safety and Health (Cal/OSHA) to propose a standard for review and adoption by the Occupational Safety and Health Standards Board to protect the health and safety of employees exposed to transboundary pollution. By providing employers with essential tools, such as hazard communication and respiratory protection, SB 1046 would reduce illnesses among SEIU members who work to keep our outdoor spaces safe.”

ASSEMBLY FLOOR: 76-0 8/25/26

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, Pellerin, Petrie-Norris, Quirk-Silva, Ramos, Ransom, Celeste Rodriguez, Michelle Rodriguez, Rogers, Blanca Rubio, Schiavo, Schultz, Sharp-Collins, Solache, Soria, Stefani, Ta, Tangipa, Valencia, Wallis, Ward, Wicks, Wilson, Zbur, Rivas

NO VOTE RECORDED: McKinnor, Patterson, Sanchez

Prepared by: Emma Bruce / L., P.E. & R. / (916) 651-1556

9/15/26 14:50:57

**** END ****

 UNFINISHED BUSINESS  

Bill No: SB 1046

Author: Blakespear (D) and Padilla (D)

Amended: 8/21/26

Vote: 21

SENATE LABOR, PUB. EMP. & RET. COMMITTEE: 4-0, 4/8/26

AYES: Smallwood-Cuevas, Strickland, Cortese, Durazo

NO VOTE RECORDED: Laird

SENATE APPROPRIATIONS COMMITTEE: 7-0, 5/14/26

AYES: Cervantes, Seyarto, Cabaldon, Dahle, Grayson, Richardson, Wahab

SENATE FLOOR: 38-0, 5/20/26

AYES: Allen, Alvarado-Gil, Archuleta, Arreguín, Ashby, Blakespear, Cabaldon, Caballero, Cervantes, Choi, Cortese, Dahle, Durazo, Gonzalez, Grayson, 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: Becker, Grove

ASSEMBLY FLOOR: Passed, 8/25/26

SUBJECT: Occupational safety: transboundary pollution

SOURCE: SEIU California

DIGEST:

This bill requires the Division of Occupational Safety and Health (Cal/OSHA), on or before January 1, 2030, to propose to the Occupational Safety and Health Standards Board (Standards Board) a standard that protects the health and safety of employees who risk high or prolonged exposure to transboundary pollution in outdoor occupational environments, as specified.

Assembly Amendments

1) clarify the definition of transboundary pollution; 2) specify that Cal/OSHA shall submit a standard on transboundary pollution to the Standards Board for its consideration and possible adoption, rather than for its review and adoption; 3) require Cal/OSHA’s proposed standard to apply to high-risk employees who work within a 10-mile radius of specified areas; 4) authorize, rather than require, the proposed standard to include specified criteria; and 5) make technical changes.

ANALYSIS:

Existing law:

1. Requires, under the California Occupational Safety and Health Act, an employer to:
2. Furnish employment and a place of employment that is safe and healthful.
3. Furnish and use safety devices and safeguards, as well as adopt and use practices, means, methods, operations, and processes that are reasonably adequate to render employment and the place of employment safe and healthful.
4. Do everything reasonably necessary to protect the life, safety, and health of employees. (Labor Code §6300 et seq.)
5. Establishes the Division of Occupational Safety and Health (Cal/OSHA) within the Department of Industrial Relations (DIR) to, among other things, propose, administer, and enforce occupational safety and health standards. (Labor Code §6300 et seq.)
6. Establishes the Occupational Safety and Health Standards Board (Standards Board), within DIR, to promote, adopt, and maintain reasonable and enforceable standards that will ensure a safe and healthful workplace for workers. (Labor Code §140-147.6)
7. Requires Cal/OSHA to enforce all occupational safety and health standards adopted by the Standards Board, as specified. (Labor Code §142 and §144.5)
8. Stipulates that in promulgating standards dealing with toxic materials or harmful physical agents, the Standards Board shall adopt standards to prevent employees from suffering adverse health effects even if these employees have regular exposure to a regulated hazard (Labor Code §144.6).

This bill:

1. Requires Cal/OSHA, on or before January 1, 2030, to propose to the Standards Board, for its consideration and possible adoption, a standard that protects the health and safety of employees who risk high or prolonged exposure to transboundary pollution in outdoor occupational environments.
2. Provides that the standard shall apply to lifeguards, park rangers, and other employees that Cal/OSHA determines are at high risk, who work within a 10-mile radius of the boundary of any of the following:
3. The Tijuana River Valley Regional Park.
4. The Tijuana Slough National Wildlife Refuge.
5. The Tijuana River.
6. The New River.
7. Provides that the standard described in 1) may include all of the following:
8. Personal protective equipment, which may include, but not be limited to, respiratory protection and protective attire.
9. Medical surveillance, which may include, but not be limited to, medical examination rights, medical procedures, and reporting requirements.
10. Hazard communication, which may include, but not be limited to, notice of anticipated wet weather or other high-exposure events and any available data on pollution exposure conditions.
11. Reporting and recordkeeping practices. In developing these practices, Cal/OSHA shall consider, at minimum, both of the following:
12. Incident or exposure report forms for use by employees.
13. Maintaining data on exposure threshold exceedances, health-related symptoms developed following job duties, sick leave related to exposure incidents, and weather events exacerbating transboundary pollution.
14. Training for employees and supervisors that includes, but is not limited to, all of the following:
15. Information on workplace hazards relating to the regional environmental conditions.
16. Potential health effects of exposure to transboundary pollution, including related symptoms.
17. Use of personal protective equipment.
18. Reporting practices.
19. Provides that 3) does not limit the authority of Cal/OSHA to develop a standard, or the authority of the Standards Board to adopt a standard, that is broader in scope or broader in application than required by these provisions.
20. Requires Cal/OSHA to consider identifying an exposure threshold for hydrogen sulfide at which acute or chronic health effects occur to reference in the standards and may consider exposure thresholds for other relevant pollutants.
21. Authorizes Cal/OSHA to develop the standards described in 1) in consultation with lifeguards, park rangers, trade and labor unions, cities, counties, private and public sector employers, air districts, local environmental and public health agencies, universities and academic institutions, the Department of Parks and Recreation, the State Air Resources Board, the State Water Resources Control Board, regional water quality control boards, and the Office of Environmental Health Hazard Assessment.
22. Authorizes the Standards Board to adopt emergency regulations to implement these provisions, as specified.
23. Defines “lifeguard” as a person actively employed as a lifeguard by a city, county, city and county, district, or other public or municipal corporation or political subdivision, or a person actively employed as a state lifeguard by the Department of Parks and Recreation.
24. Defines “park ranger” as a person that enforces park rules and regulations and is actively employed as a park ranger by a city, county, city and county, district, or other public or municipal corporation or political subdivision, or is actively employed as a state park ranger by the Department of Parks and Recreation.
25. Defines “transboundary pollution” as environmental pollutants or toxins contaminating state water or air that originate from Baja California, enter through the Tijuana River, the Pacific Ocean, or the New River, and threaten the health and safety of the public or environment.
26. Makes various findings and declarations related to the Tijuana River Valley and transboundary pollution.

Background

Occupational Safety and Health Standards Board (Standards Board). The Standards Board, within Cal/OSHA, is the only agency in the state authorized to adopt, amend, or repeal occupational safety and health standards or orders. Its mission is to promote, adopt, and maintain reasonable and enforceable standards that ensure a safe and healthful workplace. The Standards Board consists of seven members appointed by the Governor. Two members are selected from labor, two members from management, one member from occupational safety, one member from occupational health, and one member from the general public. Among other responsibilities, the Standards Board 1) adopts and maintains standards; 2) considers petitions for new or revised standards proposed by any interested person; and 3) grants permanent variances from standards. To carry out its duties, the Standards Board holds monthly meetings throughout California.

The Standards Board must adopt standards at least as effective as federal ones for all health and safety issues that have federal standards promulgated under the Occupational Safety and health Act of 1970. Additionally, the Standards Board maintains standards unique to the state, like those for amusement rides, aerial passenger tramways, and heat illness. Depending on its scope and application, standards can apply to state and local government and private sector workplace operations.

The Administrative Procedure Act governs the public hearing and adoption process. After a rulemaking action is deemed necessary, proposed standard changes are developed by either the Standard Board's staff or Cal/OSHA’s staff, generally with the assistance and recommendations of an advisory committee. Advisory committees consist of representatives from industry, labor, the public, and other interested groups. If the changes are related to federal standards, the proposal is reviewed by Federal OSHA staff. The proposal is then scheduled for hearing at one of the Board's monthly meetings, so that written and oral testimony can be solicited. Following the public hearing, all testimony is returned to the originating staff (either the Standards Board staff or Cal/OSHA) for review. When all comments and testimony have been addressed by either modifying the proposal or providing a satisfactory explanation for rejection of suggested changes, the Standards Board's staff schedules the proposed standard for consideration and adoption at its next meeting. Following adoption, a copy of the rulemaking file is sent to the Office of Administrative Law. After approval, the standards are published in Title 8 of the California Code of Regulations.

The Tijuana River Valley and Transboundary Pollution. Every day the Tijuana River carries millions of gallons of untreated sewage, industrial waste, and contaminated runoff across the U.S.-Mexico border. The river flows through Tijuana, Mexico and into the United States via the Tijuana River Valley in southern San Diego County, before emptying into the Pacific Ocean. Factories and shanty towns in Tijuana that aren’t connected to the city’s sewage system are primarily responsible for the pollution. Although this binational problem dates back decades, explosive population growth in Tijuana, aging wastewater treatment plants in both the U.S. and Mexico, and climate change have exacerbated pollution.

Communities near the river suffer adverse health and economic impacts. Scientists have detected high levels of hydrogen sulfide in the air, which can cause headaches, fatigue, skin infections, anxiety, and respiratory and gastrointestinal problems. All of which are symptoms that residents near the river have complained of for years. According to the U.S. Centers for Disease Control and Prevention, nearly half of the 40,900 households in the southern San Diego County region have experienced health problems most likely attributable to the pollution. The Office of the Naval Inspector General found that in 2025, more than 1,100 Navy recruits contracted gastrointestinal illnesses after training in southern San Diego waters. On top of the health issues, the contaminated ocean water and hydrogen sulfide also destabilize local economies that rely on tourism. Imperial Beach has been closed for over 1,300 consecutive days and Coronado Beach closes intermittently due to contamination.

There are no overnight solutions that will alleviate health issues and reopen beaches. Instead, officials from the U.S. and Mexico will need to work together to expand sewage treatment plants, test water quality, and survey impacted residents to understand health issues. Despite the Trump Administration’s cuts to other federal programs, money has continued to flow for Tijuana River cleanup. In July of 2025, the U.S. and Mexico signed a memorandum of understanding aimed at ending the flow of raw sewage into the Tijuana River. Under the deal, Mexico agreed to complete an allocation of $93 million toward sanitation infrastructure and complete all projects by December 31, 2027, and the U.S. agreed to release funds for water infrastructure improvements on the border. A subsequent agreement, known as Minute 333, was signed in December of 2025.

SB 1046. The prior legislation section details the Legislature’s long history of directing Cal/OSHA to develop and propose to the Standards Board various health and safety standards. SB 1046 would continue this practice by requiring Cal/OSHA, on or before January 1, 2030, to propose to the Standards Board a standard that protects the health and safety of employees who risk high or prolonged exposure to transboundary pollution in outdoor occupational environments, as specified. The measure would also authorize the Cal/OSHA to consider identifying an exposure threshold for hydrogen sulfide at which acute or chronic health effects occur to reference in the adopted standard and to consider exposure thresholds for other relevant pollutants.

Related/Prior Legislation

AB 1181 (Haney, Chapter 392, Statutes of 2025) required the Standards Board to consider modifying its existing safety order, by January 1, 2028, in a manner that addresses National Fire Protection Association performance standards for PPE that result in the use of perfluoroalkyl and polyfluoroalkyl substances and other hazardous substances in firefighting personal protective garments and auxiliary firefighting PPE.

AB 2975 (Gipson, Chapter 749, Statutes of 2024) required the Standards Board, by March 1, 2027, to amend the existing workplace violence prevention in health care standard to require licensed hospitals to implement a weapons detection screening policy that includes the use of weapons detection devices that automatically screen a person’s body at specified entrances.

AB 1007 (Ortega, Chapter 352, Statutes of 2023) required Cal/OSHA, by December 1, 2026, to submit to the Standards Board a proposed regulation requiring a health facility to evacuate or remove plume using plume scavenging systems in all settings that employ techniques that involve the creation of plume. This bill also required the Standards Board to consider the proposed regulation for adoption by June 1, 2027.

AB 2243 (Garcia, Chapter 778, Statutes of 2022) required Cal/OSHA, before December 1, 2025, to submit to the Standards Board a proposal to consider revising the heat illness standard, as specified, and the wildfire smoke standard for farm workers to increase the protection of workers exposed to heat and smoke in outdoor settings, as specified.

SB 1167 (Mendoza, Chapter 839, Statutes of 2016) required Cal/OSHA to propose to the Standards Board for review and adoption, a standard that minimizes heat-related illness and injury among workers working in indoor places of employment by January 1, 2019.

SB 1299 (Padilla, Chapter 842, Statutes of 2014) required the Standards Board, no later than July 1, 2016, to adopt standards that require specified hospitals to adopt a workplace violence prevention plan as part of their injury and illness prevention plan to protect health care workers and other facility personnel from aggressive and violent behavior.

FISCAL EFFECT: Appropriation: No Fiscal Com.: Yes Local: No

According to the Assembly Appropriations Committee:

1. Costs of approximately $1.2 million in the first year and $1.1 million each additional year of the rulemaking project to the Department of Industrial Relations (DIR), as well as one-time costs of $100,000 if DIR must conduct a Standardized Regulatory Impact Assessment as part of the process (Occupational Safety and Health Fund). Additionally, Cal/OSHA will likely incur costs of an unknown amount for enforcement once the standard is enacted.
2. One-time costs of approximately $250,000 to OEHHA for an external contract to support identification of the hydrogen sulfide exposure threshold, to study the long-term health effects of hydrogen sulfide exposure, and work with Cal/OSHA and OSHSB to incorporate these findings into the standard (General Fund). OEHHA also estimates absorbable costs to provide public information and engage with interested parties related to this work.
3. Likely minor and absorbable costs to other named state agencies (Department of Parks and Recreation, Air Resources Board (ARB), and State Water Resources Control Board) to consult with OSHSB to develop the standard.

SUPPORT: (Verified 8/25/26)

SEIU California (Source)

Boys & Girls Clubs of South County

Cleanearth4kids.org

Environmental Center of San Diego

League of Women Voters of California

League of Women Voters of San Diego

Outdoor Outreach

San Diego Bird Alliance

Sierra Club

Stop the Sewage

Surfrider Foundation

Surfrider Foundation San Diego County

Teamsters California

Tijuana River Coalition

Tribal Sacred Waters, INC

Un Mar De Colores

YMCA of San Diego County

OPPOSITION: (Verified 8/25/26)

None received

ARGUMENTS IN SUPPORT: According to SEIU California:

“Transboundary pollution contaminates the air, water, and soil of border cities and counties, including San Diego, Imperial Beach, and Calexico. Every year, the Tijuana River transports millions of gallons of untreated wastewater, including sewage and industrial waste, from Tijuana into California. This decades-old crisis has plagued the South Bay coastline, resulting in 1,300 consecutive days of beach closures as of 2025…

SEIU members working near the California–Mexico border are at a heightened risk of occupational exposure to transboundary pollution. Currently, they risk illness with little to no protection or accommodations. Unlike other workplace hazards, there is currently no guidance on reporting illnesses, tracking incidents, or providing protective communication. Lifeguards and park rangers frequently experience headaches, fatigue, nausea, abdominal pain, and even bloody noses. After performing water rescues, lifeguards often require several days to recover from symptoms before they can return to work.

SB 1046 would direct the Division of Occupational Safety and Health (Cal/OSHA) to propose a standard for review and adoption by the Occupational Safety and Health Standards Board to protect the health and safety of employees exposed to transboundary pollution. By providing employers with essential tools, such as hazard communication and respiratory protection, SB 1046 would reduce illnesses among SEIU members who work to keep our outdoor spaces safe.”

Prepared by: Emma Bruce / L., P.E. & R. / (916) 651-1556

8/25/26 18:47:38

**** END ****

SENATE THIRD READING

STR Bill Id:SB 1046

Author:(Blakespear and Padilla)

As Amended Ver:August 21, 2026

Majority vote

SUMMARY

Requires the Division of Occupational Safety and Health (Cal/OSHA), on or before January 1, 2030, to propose to the Occupational Safety and Health Standards Board (Standards Board) for its consideration and possible adoption, a standard that protects the health and safety of employees who risk high or prolonged exposure to transboundary pollution in outdoor occupational environments, as specified.

Major Provisions

1. Requires Cal/OSHA, on or before January 1, 2030, to propose to the Standards Board for its consideration and possible adoption, a standard that protects the health and safety of employees who risk high or prolonged exposure to transboundary pollution in outdoor occupational environments.
   1. Provides that the standard shall apply to lifeguards, park rangers, and other employees that the division determines are at high risk, who work within a 10-mile radius of the boundary of any of the following: the Tijuana River Valley Regional Park, the Tijuana Slough National Wildlife Refuge, the Tijuana River, or the New River.
2. Authorizes the standard to include all of the following:
   1. Personal protective equipment (PPE), which may include, but not be limited to, respiratory protection and protective attire.
   2. Medical surveillance, which may include, but not be limited to, medical examination rights, medical procedures, and reporting requirements.
   3. Hazard communication, which may include, but not be limited to, notice of anticipated wet weather or other high-exposure events and any available data on pollution exposure conditions.
   4. Reporting and recordkeeping practices. In developing these practices, Cal/OSHA shall consider, at minimum, both of the following:
      1. Incident or exposure report forms for use by employees.
      2. Maintaining data on exposure threshold exceedances as described in (4) below, health-related symptoms developed following job duties, sick leave related to exposure incidents, and weather events exacerbating transboundary pollution.
   5. Training for employees and supervisors that includes, but is not limited to, all of the following:
      1. Information on workplace hazards relating to the regional environmental conditions.
      2. Potential health effects of exposure to transboundary pollution, including related symptoms.
      3. Use of PPE.
      4. Reporting practices.
3. Provides that (2) above does not limit the authority of Cal/OSHA to develop a standard, or the authority of the Standards Board to adopt a standard, that is broader in scope or broader in application than required by this bill.
4. Requires Cal/OSHA to consider identifying an exposure threshold for hydrogen sulfide at which acute or chronic health effects occur to reference in the standards and may consider exposure thresholds for other relevant pollutants.
5. Authorizes Cal/OSHA to develop the standard in consultation with lifeguards, park rangers, trade and labor unions, cities, counties, private and public sector employers, air districts, local environmental and public health agencies, universities and academic institutions, the Department of Parks and Recreation, the State Air Resources Board, the State Water Resources Control Board, regional water quality control boards, and the Office of Environmental Health Hazard Assessment.
6. Authorizes the Standards Board to adopt emergency regulations to implement this bill's provisions, as specified.
7. Defines certain terms, including:
   1. "Lifeguard" to mean a person actively employed as a lifeguard by a city, county, city and county, district, or other public or municipal corporation or political subdivision, or a person actively employed as a state lifeguard by the Department of Parks and Recreation.
   2. "Park ranger" to mean a person that enforces park rules and regulations and is actively employed as a park ranger by a city, county, city and county, district, or other public or municipal corporation or political subdivision, or is actively employed as a state park ranger by the Department of Parks and Recreation.
   3. "Transboundary pollution" to mean environmental pollutants or toxins contaminating state water or air that originate from Baja California, enter California through the Tijuana River, the Pacific Ocean, or the New River, and threaten the health and safety of the public or environment.
8. Makes related findings and declarations.

COMMENTS

The Standards Board is the standards-setting agency within the Cal/OSHA program. The seven-member body is appointed by the Governor and is tasked with adopting reasonable and enforceable standards at least as effective as federal standards. The Standards Board is also responsible for granting or denying applications for variances from adopted standards and responding to petitions for new or revised standards. 

Numerous bills over the years have directed Cal/OSHA and the Standards Board to work together to propose and adopt specified standards to protect workers from various environments and hazards.

Pollution in the Tijuana River Valley:

The Tijuana River Valley is a broad floodplain located directly adjacent to the US-Mexico border. Located between two heavily populated urban areas – Tijuana, Mexico, and the California cities of Imperial Beach, Chula Vista, National City, San Diego, and Coronado – the Tijuana River Valley has for years been plagued by untreated wastewater flows, contaminated sediment loads, and trash influxes, adversely impacting the affected environment, surrounding communities, and overall public health and safety of the region.

According to the California State Lands Commission, "Transboundary flows from Mexico into the United States occur regularly due to inadequate water infrastructure that becomes overwhelmed with wastewater, debris, and heavy precipitation. Ideally, wastewater from the City of Tijuana is supposed to be diverted before entering the Tijuana River Valley in California, treated, and discharged five miles south of the border into the Pacific Ocean. However, the water diversion infrastructure in Mexico and in the United States is frequently overwhelmed, especially during wet weather events causing untreated wastewater overflow to enter the Tijuana River Valley and Estuary and flow into the Pacific Ocean south of the city of Imperial Beach. These overflows of untreated wastewater, sewage, and debris impede public access to the coast as beaches are closed throughout the year due to poor water quality and fecal contamination. Communities in the region suffer from poor air quality caused by the aerosolization and stench of pollutants carried through the transboundary flows."^[1]

Residents experience asthma, stomach problems, skin rashes and headaches, even without direct contact with the water. Nearby schools regularly keep students inside when air quality worsens.

Workers in the area, especially outdoor workers, are similarly impacted. Outdoor workers are regularly exposed to pollutants in the air and face relatively higher risks of illness. Workers have experienced and reported headaches, fatigue, nausea and bloody noses following exposure to contaminated air and water. Prolonged exposure can result in gastrointestinal illness, skin infections, and respiratory and neurological disorders.

According to the Author

"The Tijuana River transports millions of gallons of untreated wastewater, including sewage and industrial waste, from Tijuana into California every year. This decades-old problem has plagued the South Bay coastline with more than 1,300 consecutive days of beach closures. Research shows that pollutants from the Tijuana River's contaminated water aerosolize, entering the air and causing health impacts in nearby communities. SB 1046 directs Cal/OSHA to develop workplace standards for minimizing exposure to transboundary pollution, including adopting requirements for personal protective equipment, hazard communication, incident reporting and trainings. The guidelines are to be developed with input from communities exposed to the pollution as well as lifeguards, park rangers, local governments, labor unions, air districts and academic experts."

Arguments in Support

Service Employees International Union (SEIU) California, sponsor of this measure, writes that "SEIU members working near the California–Mexico border are at a heightened risk of occupational exposure to transboundary pollution. Currently, they risk illness with little to no protection or accommodations. Unlike other workplace hazards, there is currently no guidance on reporting illnesses, tracking incidents, or providing protective communication. Lifeguards and park rangers frequently experience headaches, fatigue, nausea, abdominal pain, and even bloody noses. After performing water rescues, lifeguards often require several days to recover from symptoms before they can return to work."

Arguments in Opposition

None on file.

FISCAL COMMENTS

According to the Assembly Appropriations Committee:

1. Costs of approximately $1.2 million in the first year and $1.1 million each additional year of the rulemaking project to the Department of Industrial Relations (DIR), as well as one-time costs of $100,000 if DIR must conduct a Standardized Regulatory Impact Assessment as part of the process (Occupational Safety and Health Fund). Additionally, Cal/OSHA will likely incur costs of an unknown amount for enforcement once the standard is enacted.
2. One-time costs of approximately $250,000 to OEHHA for an external contract to support identification of the hydrogen sulfide exposure threshold, to study the long-term health effects of hydrogen sulfide exposure, and work with Cal/OSHA and OSHSB to incorporate these findings into the standard (General Fund). OEHHA also estimates absorbable costs to provide public information and engage with interested parties related to this work.
3. Likely minor and absorbable costs to other named state agencies (Department of Parks and Recreation, Air Resources Board (ARB), and State Water Resources Control Board) to consult with OSHSB to develop the standard.

VOTES

SENATE FLOOR: 38-0-2

YES: Allen, Alvarado-Gil, Archuleta, Arreguín, Ashby, Blakespear, Cabaldon, Caballero, Cervantes, Choi, Cortese, Dahle, Durazo, Gonzalez, Grayson, 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: Becker, Grove

ASM LABOR AND EMPLOYMENT: 7-0-0

YES: Ortega, Alanis, Chen, Arambula, Kalra, Lee, Ward

ASM APPROPRIATIONS: 15-0-0

YES: Wicks, Hoover, Arambula, Calderon, Caloza, Dixon, Fong, Mark González, Krell, Pacheco, Pellerin, Sharp-Collins, Solache, Ta, Tangipa

UPDATED

VERSION: August 21, 2026

CONSULTANT: Erin Hickey / L. & E. / (916) 319-2091 FN: 0003992

1. https://www.slc.ca.gov/trv-transboundary-pollution-crisis/ ↑

SENATE THIRD READING

STR Bill Id:SB 1046

Author:(Blakespear and Padilla)

As Amended Ver:April 9, 2026

Majority vote

SUMMARY

Requires the Division of Occupational Safety and Health (Cal/OSHA), on or before January 1, 2030, to propose to the Occupational Safety and Health Standards Board (Standards Board) for its review and adoption, a standard that protects the health and safety of employees who risk high or prolonged exposure to transboundary pollution in outdoor occupational environments, as specified.

Major Provisions

1. Requires Cal/OSHA, on or before January 1, 2030, to propose to the Standards Board for its review and adoption, a standard that protects the health and safety of employees who risk high or prolonged exposure to transboundary pollution in outdoor occupational environments.
   1. Provides that the standard shall apply to lifeguards, park rangers, and other employees that the division determines are at high risk.
2. Requires the standard adopted to include all of the following:
   1. Personal protective equipment (PPE), which may include, but not be limited to, respiratory protection and protective attire.
   2. Medical surveillance, which may include, but not be limited to, medical examination rights, medical procedures, and reporting requirements.
   3. Hazard communication, which may include, but not be limited to, notice of anticipated wet weather or other high-exposure events and any available data on pollution exposure conditions.
   4. Reporting and recordkeeping practices. In developing these practices, the Standards Board shall consider, at minimum, both of the following:
      1. Incident or exposure report forms for use by employees.
      2. Maintaining data on exposure threshold exceedances as described in 4) below, health-related symptoms developed following job duties, sick leave related to exposure incidents, and weather events exacerbating transboundary pollution.
   5. Training for employees and supervisors that includes, but is not limited to, all of the following:
      1. Information on the regional environmental conditions.
      2. Potential health effects of exposure to transboundary pollution, including related symptoms.
      3. Use of PPE.
      4. Reporting practices.
3. Provides that 2) above does not limit the authority of Cal/OSHA to develop a standard, or the authority of the Standards Board to adopt a standard, that is broader in scope or broader in application than required by this bill.
4. Requires the Standards Board to consider identifying an exposure threshold for hydrogen sulfide at which acute or chronic health effects occur to reference in the standards and may consider exposure thresholds for other relevant pollutants.
5. Authorizes the Standards Board to develop the standard in consultation with lifeguards, park rangers, trade and labor unions, cities, counties, private and public sector employers, air districts, local environmental and public health agencies, universities and academic institutions, the Department of Parks and Recreation, the State Air Resources Board, the State Water Resources Control Board, regional water quality control boards, and the Office of Environmental Health Hazard Assessment.
6. Authorizes the Standards Board to adopt emergency regulations to implement this section, as specified.
7. Defines certain terms, including:
   1. "Lifeguard" to mean a person actively employed as a lifeguard by a city, county, city and county, district, or other public or municipal corporation or political subdivision, or a person actively employed as a state lifeguard by the Department of Parks and Recreation.
   2. "Park ranger" means a person that enforces park rules and regulations and is actively employed as a park ranger by a city, county, city and county, district, or other public or municipal corporation or political subdivision, or is actively employed as a state park ranger by the Department of Parks and Recreation.
   3. "Transboundary pollution" means environmental pollutants or toxins contaminating state water or air that originate from Baja California and threaten the health and safety of the public or environment.
8. Makes related findings and declarations.

COMMENTS

The Standards Board is the standards-setting agency within the Cal/OSHA program. The seven-member body is appointed by the Governor and is tasked with adopting reasonable and enforceable standards at least as effective as federal standards. The Standards Board is also responsible for granting or denying applications for variances from adopted standards and responding to petitions for new or revised standards. 

Numerous bills over the years have directed Cal/OSHA and the Standards Board to work together to propose and adopt specified standards to protect workers from various environments and hazards.

Pollution in the Tijuana River Valley:

The Tijuana River Valley is a broad floodplain located directly adjacent to the US-Mexico border. Located between two heavily populated urban areas – Tijuana, Mexico, and the California cities of Imperial Beach, Chula Vista, National City, San Diego, and Coronado – the Tijuana River Valley has for years been plagued by untreated wastewater flows, contaminated sediment loads, and trash influxes, adversely impacting the affected environment, surrounding communities, and overall public health and safety of the region.

According to the California State Lands Commission, "Transboundary flows from Mexico into the United States occur regularly due to inadequate water infrastructure that becomes overwhelmed with wastewater, debris, and heavy precipitation. Ideally, wastewater from the City of Tijuana is supposed to be diverted before entering the Tijuana River Valley in California, treated, and discharged 5 miles south of the border into the Pacific Ocean. However, the water diversion infrastructure in Mexico and in the United States is frequently overwhelmed, especially during wet weather events causing untreated wastewater overflow to enter the Tijuana River Valley and Estuary and flow into the Pacific Ocean south of the city of Imperial Beach. These overflows of untreated wastewater, sewage, and debris impede public access to the coast as beaches are closed throughout the year due to poor water quality and fecal contamination. Communities in the region suffer from poor air quality caused by the aerosolization and stench of pollutants carried through the transboundary flows."^[1]

Residents experience asthma, stomach problems, skin rashes and headaches, even without direct contact with the water. Nearby schools regularly keep students inside when air quality worsens.

Workers in the area, especially outdoor workers, are similarly impacted. Outdoor workers are regularly exposed to pollutants in the air and face relatively higher risks of illness. Workers have experienced and reported headaches, fatigue, nausea and bloody noses following exposure to contaminated air and water. Prolonged exposure can result in gastrointestinal illness, skin infections, and respiratory and neurological disorders.

According to the Author

"The Tijuana River transports millions of gallons of untreated wastewater, including sewage and industrial waste, from Tijuana into California every year. This decades-old problem has plagued the South Bay coastline with more than 1,300 consecutive days of beach closures. Research shows that pollutants from the Tijuana River's contaminated water aerosolize, entering the air and causing health impacts in nearby communities. SB 1046 directs Cal/OSHA to develop workplace standards for minimizing exposure to transboundary pollution, including adopting requirements for personal protective equipment, hazard communication, incident reporting and trainings. The guidelines are to be developed with input from communities exposed to the pollution as well as lifeguards, park rangers, local governments, labor unions, air districts and academic experts."

Arguments in Support

SEIU California, sponsor of this measure, writes that "SEIU members working near the California–Mexico border are at a heightened risk of occupational exposure to transboundary pollution. Currently, they risk illness with little to no protection or accommodations. Unlike other workplace hazards, there is currently no guidance on reporting illnesses, tracking incidents, or providing protective communication. Lifeguards and park rangers frequently experience headaches, fatigue, nausea, abdominal pain, and even bloody noses. After performing water rescues, lifeguards often require several days to recover from symptoms before they can return to work."

Arguments in Opposition

None on file.

FISCAL COMMENTS

According to the Assembly Appropriations Committee:

1. Costs of approximately $1.2 million in the first year and $1.1 million each additional year of the rulemaking project to the Department of Industrial Relations (DIR), as well as one-time costs of $100,000 if DIR must conduct a Standardized Regulatory Impact Assessment as part of the process (Occupational Safety and Health Fund). Additionally, Cal/OSHA will likely incur costs of an unknown amount for enforcement once the standard is enacted.
2. One-time costs of approximately $250,000 to OEHHA for an external contract to support identification of the hydrogen sulfide exposure threshold, to study the long-term health effects of hydrogen sulfide exposure, and work with Cal/OSHA and OSHSB to incorporate these findings into the standard (General Fund). OEHHA also estimates absorbable costs to provide public information and engage with interested parties related to this work.
3. Likely minor and absorbable costs to other named state agencies (Department of Parks and Recreation, Air Resources Board (ARB), and State Water Resources Control Board) to consult with OSHSB to develop the standard.

VOTES

SENATE FLOOR: 38-0-2

YES: Allen, Alvarado-Gil, Archuleta, Arreguín, Ashby, Blakespear, Cabaldon, Caballero, Cervantes, Choi, Cortese, Dahle, Durazo, Gonzalez, Grayson, 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: Becker, Grove

ASM LABOR AND EMPLOYMENT: 7-0-0

YES: Ortega, Alanis, Chen, Arambula, Kalra, Lee, Ward

ASM APPROPRIATIONS: 15-0-0

YES: Wicks, Hoover, Arambula, Calderon, Caloza, Dixon, Fong, Mark González, Krell, Pacheco, Pellerin, Sharp-Collins, Solache, Ta, Tangipa

UPDATED

VERSION: April 9, 2026

CONSULTANT: Erin Hickey / L. & E. / (916) 319-2091 FN: 0003553

1. https://www.slc.ca.gov/trv-transboundary-pollution-crisis/ ↑

Date of Hearing: July 1, 2026

ASSEMBLY COMMITTEE ON APPROPRIATIONS

Buffy Wicks, Chair

SBPCA Bill Id:SB 1046

Author:(Blakespear) – As Amended Ver:April 9, 2026

Urgency: No State Mandated Local Program: No Reimbursable: No

SUMMARY:

This bill requires the Division of Occupational Safety and Health (Cal/OSHA) to propose a standard to the Occupational Safety and Health Standards Board (OSHSB) to protect employees with high or prolonged exposure to transboundary pollution.

Specifically, this bill:

1. Requires Cal/OSHA, by January 1, 2030, to propose to OSHSB for review and adoption a standard that includes certain requirements and protects the health and safety of lifeguards, park rangers, and other employees who risk high or prolonged exposure to transboundary pollution in outdoor occupational environments.
2. Defines “transboundary pollution” to mean environmental pollutants or toxins contaminating state water or air that originate from Baja California and threaten the health and safety of the public or environment.
3. Requires OSHSB to consider identifying in the standard an exposure threshold for hydrogen sulfide at which acute or chronic health effects occur and authorizes OSHSB to consider exposure thresholds for other relevant pollutants.
4. Authorizes OSHSB to develop the standard in consultation with lifeguards, park rangers, labor unions, employers, academic institutions, local government agencies, and certain state agencies, including the Office of Environmental Health Hazard Assessment (OEHHA).
5. Authorizes OSHSB to adopt emergency regulations to implement these provisions.

FISCAL EFFECT:

1. Costs of approximately $1.2 million in the first year and $1.1 million each additional year of the rulemaking project to the Department of Industrial Relations (DIR), as well as one-time costs of $100,000 if DIR must conduct a Standardized Regulatory Impact Assessment as part of the process (Occupational Safety and Health Fund). Additionally, Cal/OSHA will likely incur costs of an unknown amount for enforcement once the standard is enacted.
2. One-time costs of approximately $250,000 to OEHHA for an external contract to support identification of the hydrogen sulfide exposure threshold, to study the long-term health effects of hydrogen sulfide exposure, and work with Cal/OSHA and OSHSB to incorporate these findings into the standard (General Fund). OEHHA also estimates absorbable costs to provide public information and engage with interested parties related to this work.
3. Likely minor and absorbable costs to other named state agencies (Department of Parks and Recreation, Air Resources Board (ARB), and State Water Resources Control Board) to consult with OSHSB to develop the standard.

COMMENTS:

1. Purpose. According to the author:

Research shows that pollutants from the Tijuana River’s contaminated water aerosolize, entering the air and causing health impacts in nearby communities. SB 1046 directs Cal/OSHA to develop workplace standards for minimizing exposure to transboundary pollution, including adopting requirements for personal protective equipment [PPE], hazard communication, incident reporting and trainings.

This bill is sponsored by SEIU California and supported by another labor organization and an environmental group.

1. Background. Transboundary Pollution. According to the State Lands Commission:

Transboundary flows from Mexico into the United States occur regularly due to inadequate water infrastructure that becomes overwhelmed with wastewater, debris, and heavy precipitation. Ideally, wastewater from the City of Tijuana is supposed to be diverted before entering the Tijuana River Valley in California, treated, and discharged 5 miles south of the border into the Pacific Ocean. However, the water diversion infrastructure in Mexico and in the United States is frequently overwhelmed, especially during wet weather events causing untreated wastewater overflow to enter the Tijuana River Valley and Estuary and flow into the Pacific Ocean south of the city of Imperial Beach.

OSHSB. OSHSB is a seven-member board tasked with adopting reasonable and enforceable standards that are at least as effective as federal safety and health standards. OSHSB also grants or denies applications for variances from adopted standards and responds to petitions for new or revised standards. Over the years, numerous laws have directed Cal/OSHA and OSHSB to work together to propose and adopt or modify specified standards to protect workers from various hazards. This bill requires Cal/OSHA to propose to OSHSB a standard to protect certain employees with high or prolonged exposure to transboundary pollution in outdoor occupational environments.

1. Related Legislation. SB 58 (Padilla) requires the ARB to consult with certain state and local agencies and other entities to develop a response framework for addressing fugitive and natural sources of hydrogen sulfide gas. SB 58 is pending hearing in this committee.

Analysis Prepared by: Irene Ho / APPR. / (916) 319-2081

Date of Hearing: June 10, 2026

ASSEMBLY COMMITTEE ON LABOR AND EMPLOYMENT

Liz Ortega, Chair

SBPCA Bill Id:SB 1046

Author:(Blakespear) – As Amended Ver:April 9, 2026

SENATE VOTE: 38-0

SUBJECT: Occupational safety: transboundary pollution

SUMMARY: Requires the Division of Occupational Safety and Health (Cal/OSHA), on or before January 1, 2030, to propose to the Occupational Safety and Health Standards Board (Standards Board) for its review and adoption, a standard that protects the health and safety of employees who risk high or prolonged exposure to transboundary pollution in outdoor occupational environments, as specified. Specifically, this bill:

1. Requires Cal/OSHA, on or before January 1, 2030, to propose to the Standards Board for its review and adoption, a standard that protects the health and safety of employees who risk high or prolonged exposure to transboundary pollution in outdoor occupational environments.
   1. Provides that the standard shall apply to lifeguards, park rangers, and other employees that the division determines are at high risk.
2. Requires the standard adopted to include all of the following:
   1. Personal protective equipment (PPE), which may include, but not be limited to, respiratory protection and protective attire.
   2. Medical surveillance, which may include, but not be limited to, medical examination rights, medical procedures, and reporting requirements.
   3. Hazard communication, which may include, but not be limited to, notice of anticipated wet weather or other high-exposure events and any available data on pollution exposure conditions.
   4. Reporting and recordkeeping practices. In developing these practices, the Standards Board shall consider, at minimum, both of the following:
      1. Incident or exposure report forms for use by employees.
      2. Maintaining data on exposure threshold exceedances as described in (4) below, health-related symptoms developed following job duties, sick leave related to exposure incidents, and weather events exacerbating transboundary pollution.
   5. Training for employees and supervisors that includes, but is not limited to, all of the following:
      1. Information on the regional environmental conditions.
      2. Potential health effects of exposure to transboundary pollution, including related symptoms.
      3. Use of PPE.
      4. Reporting practices.
3. Provides that (2) above does not limit the authority of Cal/OSHA to develop a standard, or the authority of the Standards Board to adopt a standard, that is broader in scope or broader in application than required by this bill.
4. Requires the Standards Board to consider identifying an exposure threshold for hydrogen sulfide at which acute or chronic health effects occur to reference in the standards and may consider exposure thresholds for other relevant pollutants.
5. Authorizes the Standards Board to develop the standard in consultation with lifeguards, park rangers, trade and labor unions, cities, counties, private and public sector employers, air districts, local environmental and public health agencies, universities and academic institutions, the Department of Parks and Recreation, the State Air Resources Board, the State Water Resources Control Board, regional water quality control boards, and the Office of Environmental Health Hazard Assessment.
6. Authorizes the Standards Board to adopt emergency regulations to implement this section, as specified.
7. Defines certain terms, including:
   1. “Lifeguard” to mean a person actively employed as a lifeguard by a city, county, city and county, district, or other public or municipal corporation or political subdivision, or a person actively employed as a state lifeguard by the Department of Parks and Recreation.
   2. “Park ranger” means a person that enforces park rules and regulations and is actively employed as a park ranger by a city, county, city and county, district, or other public or municipal corporation or political subdivision, or is actively employed as a state park ranger by the Department of Parks and Recreation.
   3. “Transboundary pollution” means environmental pollutants or toxins contaminating state water or air that originate from Baja California and threaten the health and safety of the public or environment.
8. Makes related findings and declarations.

EXISTING LAW:

1. Establishes Cal/OSHA within the Department of Industrial Relations (DIR) to, among other things, propose, administer, and enforce occupational safety and health standards. Labor Code § 6300 et seq.
2. Establishes the Standards Board, within the DIR, to promote, adopt, and maintain reasonable and enforceable standards that will ensure a safe and healthful workplace for workers. Labor Code §§ 140-147.6.
3. Requires, under the California Occupational Safety and Health Act, an employer to:
   1. Furnish employment and a place of employment that is safe and healthful.
   2. Furnish and use safety devices and safeguards, as well as adopt and use practices, means, methods, operations, and processes that are reasonably adequate to render employment and the place of employment safe and healthful.
   3. Do everything reasonably necessary to protect the life, safety, and health of employees. Labor Code § 6300 et seq.
4. Requires Cal/OSHA to enforce all occupational safety and health standards adopted by the Standards Board, as specified. Labor Code §§ 142 and 144.5.
5. Stipulates that in promulgating standards dealing with toxic materials or harmful physical agents, the Standards Board shall adopt standards to prevent employees from suffering adverse health effects even if these employees have regular exposure to a regulated hazard. Labor Code § 144.6.
6. Prohibits an employee from being laid off or discharged for refusing to perform work in violation of prescribed safety standards, where the violation would create a real and apparent hazard to the employee or his or her fellow employees. Any employee who is laid off or discharged in violation of this right shall have a right of action for lost wages for the time the employee is without work as a result of the layoff or discharge. Labor Code § 6311.

FISCAL EFFECT: According to the Senate Appropriations Committee:

“Administrative costs to DIR have yet to be determined, but at a minimum would total in the hundreds of thousands of dollars annually (Occupational Health and Safety Fund, see Staff Comments).”

Appropriations staff comments: “As noted above, DIR has yet to determine the administrative costs that would result from this bill. However, as summarized above, several enacted bills in recent years have directed Cal/OSHA to develop and propose various health and safety standards to the Standards Board. These prior bills have generally resulted in costs in the hundreds of thousands of dollars per year of rulemaking.”

COMMENTS: The Standards Board is the standards-setting agency within the Cal/OSHA program. The seven-member body is appointed by the Governor and is tasked with adopting reasonable and enforceable standards at least as effective as federal standards. The Standards Board is also responsible for granting or denying applications for variances from adopted standards and responding to petitions for new or revised standards. 

Numerous bills over the years have directed Cal/OSHA and the Standards Board to work together to propose and adopt specified standards to protect workers from various environments and hazards (see prior and related legislation below).

Pollution in the Tijuana River Valley:

The Tijuana River Valley is a broad floodplain located directly adjacent to the US-Mexico border. Located between two heavily populated urban areas – Tijuana, Mexico, and the California cities of Imperial Beach, Chula Vista, National City, San Diego, and Coronado – the Tijuana River Valley has for years been plagued by untreated wastewater flows, contaminated sediment loads, and trash influxes, adversely impacting the affected environment, surrounding communities, and overall public health and safety of the region.

According to the California State Lands Commission, “Transboundary flows from Mexico into the United States occur regularly due to inadequate water infrastructure that becomes overwhelmed with wastewater, debris, and heavy precipitation. Ideally, wastewater from the City of Tijuana is supposed to be diverted before entering the Tijuana River Valley in California, treated, and discharged 5 miles south of the border into the Pacific Ocean. However, the water diversion infrastructure in Mexico and in the United States is frequently overwhelmed, especially during wet weather events causing untreated wastewater overflow to enter the Tijuana River Valley and Estuary and flow into the Pacific Ocean south of the city of Imperial Beach. These overflows of untreated wastewater, sewage, and debris impede public access to the coast as beaches are closed throughout the year due to poor water quality and fecal contamination. Communities in the region suffer from poor air quality caused by the aerosolization and stench of pollutants carried through the transboundary flows.”^[1]

Residents experience asthma, stomach problems, skin rashes and headaches, even without direct contact with the water. Nearby schools regularly keep students inside when air quality worsens.

Workers in the area, especially outdoor workers, are similarly impacted. Outdoor workers are regularly exposed to pollutants in the air and face relatively higher risks of illness. Workers have experienced and reported headaches, fatigue, nausea and bloody noses following exposure to contaminated air and water. Prolonged exposure can result in gastrointestinal illness, skin infections, and respiratory and neurological disorders.

According to the Author:

“The Tijuana River transports millions of gallons of untreated wastewater, including sewage and industrial waste, from Tijuana into California every year. This decades-old problem has plagued the South Bay coastline with more than 1,300 consecutive days of beach closures. Research shows that pollutants from the Tijuana River’s contaminated water aerosolize, entering the air and causing health impacts in nearby communities. SB 1046 directs Cal/OSHA to develop workplace standards for minimizing exposure to transboundary pollution, including adopting requirements for personal protective equipment, hazard communication, incident reporting and trainings. The guidelines are to be developed with input from communities exposed to the pollution as well as lifeguards, park rangers, local governments, labor unions, air districts and academic experts.”

The author adds that this measure promotes equity, per HR 39 (Gipson, 2021), in that “the communities most impacted by Tijuana River Valley pollution are predominantly low- and working-class households. In the US and in California, outdoor workers are predominantly Hispanic or Latino. SB 1046 provides long overdue protections to low-income and working-class communities of color in the Tijuana River Valley who are on the frontlines of this pollution crisis.”

Arguments in Support

SEIU California, sponsor of this measure, writes that “SEIU members working near the California–Mexico border are at a heightened risk of occupational exposure to transboundary pollution. Currently, they risk illness with little to no protection or accommodations. Unlike other workplace hazards, there is currently no guidance on reporting illnesses, tracking incidents, or providing protective communication. Lifeguards and park rangers frequently experience headaches, fatigue, nausea, abdominal pain, and even bloody noses. After performing water rescues, lifeguards often require several days to recover from symptoms before they can return to work.”

Arguments in Opposition

None on file.

Prior and Related Legislation

SB 10 (Padilla) of 2025 would have authorized the San Diego Association of Governments to utilize toll revenues from the State Route 11/Otay Mesa Port of Entry to assist in the maintenance of the South Bay International Boundary and Water Commission sewage treatment facility and other infrastructure projects related to the Tijuana River. SB 10 was subsequently amended to remove this version of the bill.

SB 58 (Padilla) of 2025 would require the Office of Environmental Health Hazard Assessment to develop additional health-based threshold levels for hydrogen sulfide. Pending in the Assembly Natural Resources Committee.

Several past bills have directed Cal/OSHA and the Standards Board to develop standards that protect workers from exposure to certain environments and substances, including:

• AB 1181 (Haney), Chapter 392, Statutes of 2025, required the Standards Board to consider modifying its existing safety order, by January 1, 2028, in a manner that addresses National Fire Protection Association performance standards for PPE that result in the use of perfluoroalkyl and polyfluoroalkyl substances and other hazardous substances in firefighting personal protective garments and auxiliary firefighting PPE.
• AB 1007 (Ortega), Chapter 352, Statutes of 2023, required Cal/OSHA, by December 1, 2026, to submit to the Standards Board a proposed regulation requiring a health facility to evacuate or remove plume using plume scavenging systems in all settings that employ techniques that involve the creation of plume. This bill also required the Standards Board to consider the proposed regulation for adoption by June 1, 2027.
• AB 2243 (Garcia), Chapter 778, Statutes of 2022, required Cal/OSHA, before December 1, 2025, to submit to the Standards Board a proposal to consider revising the heat illness standard, as specified, and the wildfire smoke standard for farm workers to increase the protection of workers exposed to heat and smoke in outdoor settings, as specified.
• SB 1167 (Mendoza), Chapter 839, Statutes of 2016 required Cal/OSHA to propose to the Standards Board for review and adoption, a standard that minimizes heat-related illness and injury among workers working in indoor places of employment by January 1, 2019.

REGISTERED SUPPORT / OPPOSITION:

Support

Service Employees International Union California (Sponsor)
Sierra Club
Teamsters California

Opposition

None on file.

Analysis Prepared by: Erin Hickey / L. & E. / (916) 319-2091

1. https://www.slc.ca.gov/trv-transboundary-pollution-crisis/ ↑

 THIRD READING  

Bill No: SB 1046

Author: Blakespear (D) and Padilla (D)

Amended: 4/9/26

Vote: 21

SENATE LABOR, PUB. EMP. & RET. COMMITTEE: 4-0, 4/8/26

AYES: Smallwood-Cuevas, Strickland, Cortese, Durazo

NO VOTE RECORDED: Laird

SENATE APPROPRIATIONS COMMITTEE: 7-0, 5/14/26

AYES: Cervantes, Seyarto, Cabaldon, Dahle, Grayson, Richardson, Wahab

SUBJECT: Occupational safety: transboundary pollution

SOURCE: SEIU California

DIGEST:

This bill requires the Division of Occupational Safety and Health (Cal/OSHA), on or before January 1, 2030, to propose to the Occupational Safety and Health Standards Board (Standards Board) a standard that protects the health and safety of employees who risk high or prolonged exposure to transboundary pollution in outdoor occupational environments, as specified.

ANALYSIS:

Existing law:

1. Requires, under the California Occupational Safety and Health Act, an employer to:
2. Furnish employment and a place of employment that is safe and healthful.
3. Furnish and use safety devices and safeguards, as well as adopt and use practices, means, methods, operations, and processes that are reasonably adequate to render employment and the place of employment safe and healthful.
4. Do everything reasonably necessary to protect the life, safety, and health of employees. (Labor Code §6300 et seq.)
5. Establishes the Division of Occupational Safety and Health (Cal/OSHA) within the Department of Industrial Relations (DIR) to, among other things, propose, administer, and enforce occupational safety and health standards. (Labor Code §6300 et seq.)
6. Establishes the Occupational Safety and Health Standards Board (Standards Board), within DIR, to promote, adopt, and maintain reasonable and enforceable standards that will ensure a safe and healthful workplace for workers. (Labor Code §140-147.6)
7. Requires Cal/OSHA to enforce all occupational safety and health standards adopted by the Standards Board, as specified. (Labor Code §142 and §144.5)
8. Stipulates that in promulgating standards dealing with toxic materials or harmful physical agents, the Standards Board shall adopt standards to prevent employees from suffering adverse health effects even if these employees have regular exposure to a regulated hazard (Labor Code §144.6).

This bill:

1. Requires Cal/OSHA, on or before January 1, 2030, to propose to the Standards Board for its review and adoption a standard that protects the health and safety of employees who risk high or prolonged exposure to transboundary pollution in outdoor occupational environments.
2. Provides that the standard shall apply to lifeguards, park rangers, and other employees that Cal/OSHA determines are at high risk.
3. Requires the standard to include all of the following:
4. Personal protective equipment, which may include, but not be limited to, respiratory protection and protective attire.
5. Medical surveillance, which may include, but not be limited to, medical examination rights, medical procedures, and reporting requirements.
6. Hazard communication, which may include, but not be limited to, notice of anticipated wet weather or other high-exposure events and any available data on pollution exposure conditions.
7. Reporting and recordkeeping practices. In developing these practices, the Standards Board shall consider, at minimum, both of the following:
8. Incident or exposure report forms for use by employees.
9. Maintaining data on exposure threshold exceedances, health-related symptoms developed following job duties, sick leave related to exposure incidents, and weather events exacerbating transboundary pollution.
10. Training for employees and supervisors that includes, but is not limited to, all of the following:
11. Information on the regional environmental conditions.
12. Potential health effects of exposure to transboundary pollution, including related symptoms.
13. Use of personal protective equipment.
14. Reporting practices.
15. Provides that 3) does not limit the authority of Cal/OSHA to develop a standard, or the authority of the Standards Board to adopt a standard, that is broader in scope or broader in application than required by these provisions.
16. Requires the Standards Board to consider identifying an exposure threshold for hydrogen sulfide at which acute or chronic health effects occur to reference in the standards and may consider exposure thresholds for other relevant pollutants.
17. Authorizes the Standards Board to develop the standards described in 1) in consultation with lifeguards, park rangers, trade and labor unions, cities, counties, private and public sector employers, air districts, local environmental and public health agencies, universities and academic institutions, the Department of Parks and Recreation, the State Air Resources Board, the State Water Resources Control Board, regional water quality control boards, and the Office of Environmental Health Hazard Assessment.
18. Authorizes the Standards Board to adopt emergency regulations to implement these provisions, as specified.
19. Defines “lifeguard” as a person actively employed as a lifeguard by a city, county, city and county, district, or other public or municipal corporation or political subdivision, or a person actively employed as a state lifeguard by the Department of Parks and Recreation.
20. Defines “park ranger” as a person that enforces park rules and regulations and is actively employed as a park ranger by a city, county, city and county, district, or other public or municipal corporation or political subdivision, or is actively employed as a state park ranger by the Department of Parks and Recreation.
21. Defines “transboundary pollution” as environmental pollutants or toxins contaminating state water or air that originate from Baja California and threaten the health and safety of the public or environment.
22. Makes various findings and declarations related to the Tijuana River Valley and transboundary pollution.

Background

Occupational Safety and Health Standards Board (Standards Board). The Standards Board, within Cal/OSHA, is the only agency in the state authorized to adopt, amend, or repeal occupational safety and health standards or orders. Its mission is to promote, adopt, and maintain reasonable and enforceable standards that ensure a safe and healthful workplace. The Standards Board consists of seven members appointed by the Governor. Two members are selected from labor, two members from management, one member from occupational safety, one member from occupational health, and one member from the general public. Among other responsibilities, the Standards Board 1) adopts and maintains standards; 2) considers petitions for new or revised standards proposed by any interested person; and 3) grants permanent variances from standards. To carry out its duties, the Standards Board holds monthly meetings throughout California.

The Standards Board must adopt standards at least as effective as federal ones for all health and safety issues that have federal standards promulgated under the Occupational Safety and health Act of 1970. Additionally, the Standards Board maintains standards unique to the state, like those for amusement rides, aerial passenger tramways, and heat illness. Depending on its scope and application, standards can apply to state and local government and private sector workplace operations.

The Administrative Procedure Act governs the public hearing and adoption process. After a rulemaking action is deemed necessary, proposed standard changes are developed by either the Standard Board's staff or Cal/OSHA’s staff, generally with the assistance and recommendations of an advisory committee. Advisory committees consist of representatives from industry, labor, the public, and other interested groups. If the changes are related to federal standards, the proposal is reviewed by Federal OSHA staff. The proposal is then scheduled for hearing at one of the Board's monthly meetings, so that written and oral testimony can be solicited. Following the public hearing, all testimony is returned to the originating staff (either the Standards Board staff or Cal/OSHA) for review. When all comments and testimony have been addressed by either modifying the proposal or providing a satisfactory explanation for rejection of suggested changes, the Standards Board's staff schedules the proposed standard for consideration and adoption at its next meeting. Following adoption, a copy of the rulemaking file is sent to the Office of Administrative Law. After approval, the standards are published in Title 8 of the California Code of Regulations.

The Tijuana River Valley and Transboundary Pollution. Every day the Tijuana River carries millions of gallons of untreated sewage, industrial waste, and contaminated runoff across the U.S.-Mexico border. The river flows through Tijuana, Mexico and into the United States via the Tijuana River Valley in southern San Diego County, before emptying into the Pacific Ocean. Factories and shanty towns in Tijuana that aren’t connected to the city’s sewage system are primarily responsible for the pollution. Although this binational problem dates back decades, explosive population growth in Tijuana, aging wastewater treatment plants in both the U.S. and Mexico, and climate change have exacerbated pollution.

Communities near the river suffer adverse health and economic impacts. Scientists have detected high levels of hydrogen sulfide in the air, which can cause headaches, fatigue, skin infections, anxiety, and respiratory and gastrointestinal problems. All of which are symptoms that residents near the river have complained of for years. According to the U.S. Centers for Disease Control and Prevention, nearly half of the 40,900 households in the southern San Diego County region have experienced health problems most likely attributable to the pollution. The Office of the Naval Inspector General found that in 2025, more than 1,100 Navy recruits contracted gastrointestinal illnesses after training in southern San Diego waters. On top of the health issues, the contaminated ocean water and hydrogen sulfide also destabilize local economies that rely on tourism. Imperial Beach has been closed for over 1,300 consecutive days and Coronado Beach closes intermittently due to contamination.

There are no overnight solutions that will alleviate health issues and reopen beaches. Instead, officials from the U.S. and Mexico will need to work together to expand sewage treatment plants, test water quality, and survey impacted residents to understand health issues. Despite the Trump Administration’s cuts to other federal programs, money has continued to flow for Tijuana River cleanup. In July of 2025, the U.S. and Mexico signed a memorandum of understanding aimed at ending the flow of raw sewage into the Tijuana River. Under the deal, Mexico agreed to complete an allocation of $93 million toward sanitation infrastructure and complete all projects by December 31, 2027, and the U.S. agreed to release funds for water infrastructure improvements on the border. A subsequent agreement, known as Minute 333, was signed in December of 2025.

SB 1046. The prior legislation section details the Legislature’s long history of directing Cal/OSHA to develop and propose to the Standards Board various health and safety standards. SB 1046 would continue this practice by requiring Cal/OSHA, on or before January 1, 2030, to propose to the Standards Board a standard that protects the health and safety of employees who risk high or prolonged exposure to transboundary pollution in outdoor occupational environments, as specified. The measure would also authorize the Standards Board to consider identifying an exposure threshold for hydrogen sulfide at which acute or chronic health effects occur to reference in the adopted standard and to consider exposure thresholds for other relevant pollutants.

Related/Prior Legislation

AB 1181 (Haney, Chapter 392, Statutes of 2025) required the Standards Board to consider modifying its existing safety order, by January 1, 2028, in a manner that addresses National Fire Protection Association performance standards for PPE that result in the use of perfluoroalkyl and polyfluoroalkyl substances and other hazardous substances in firefighting personal protective garments and auxiliary firefighting PPE.

AB 2975 (Gipson, Chapter 749, Statutes of 2024) required the Standards Board, by March 1, 2027, to amend the existing workplace violence prevention in health care standard to require licensed hospitals to implement a weapons detection screening policy that includes the use of weapons detection devices that automatically screen a person’s body at specified entrances.

AB 1007 (Ortega, Chapter 352, Statutes of 2023) required Cal/OSHA, by December 1, 2026, to submit to the Standards Board a proposed regulation requiring a health facility to evacuate or remove plume using plume scavenging systems in all settings that employ techniques that involve the creation of plume. This bill also required the Standards Board to consider the proposed regulation for adoption by June 1, 2027.

AB 2243 (Garcia, Chapter 778, Statutes of 2022) required Cal/OSHA, before December 1, 2025, to submit to the Standards Board a proposal to consider revising the heat illness standard, as specified, and the wildfire smoke standard for farm workers to increase the protection of workers exposed to heat and smoke in outdoor settings, as specified.

SB 1167 (Mendoza, Chapter 839, Statutes of 2016) required Cal/OSHA to propose to the Standards Board for review and adoption, a standard that minimizes heat-related illness and injury among workers working in indoor places of employment by January 1, 2019.

SB 1299 (Padilla, Chapter 842, Statutes of 2014) required the Standards Board, no later than July 1, 2016, to adopt standards that require specified hospitals to adopt a workplace violence prevention plan as part of their injury and illness prevention plan to protect health care workers and other facility personnel from aggressive and violent behavior.

FISCAL EFFECT: Appropriation: No Fiscal Com.: Yes Local: No

According to the Senate Appropriations Committee:

“Administrative costs to DIR have yet to be determined, but at a minimum would total in the hundreds of thousands of dollars annually (Occupational Health and Safety Fund, see Staff Comments).”

SUPPORT: (Verified 5/14/26)

SEIU California (Source)

Sierra Club California

Teamsters California

OPPOSITION: (Verified 5/14/26)

None received

ARGUMENTS IN SUPPORT:

SEIU California argues:

“SEIU members working near the California–Mexico border are at a heightened risk of occupational exposure to transboundary pollution. Currently, they risk illness with little to no protection or accommodations. Unlike other workplace hazards, there is currently no guidance on reporting illnesses, tracking incidents, or providing protective communication. Lifeguards and park rangers frequently experience headaches, fatigue, nausea, abdominal pain, and even bloody noses. After performing water rescues, lifeguards often require several days to recover from symptoms before they can return to work.

SB 1046 would direct the Division of Occupational Safety and Health (Cal/OSHA) to propose a standard for review and adoption by the Occupational Safety and Health Standards Board to protect the health and safety of employees exposed to transboundary pollution.”

Prepared by: Emma Bruce / L., P.E. & R. / (916) 651-1556

5/14/26 16:39:17

**** END ****

SENATE COMMITTEE ON

Senator Sabrina Cervantes, Chair

2025 - 2026 Regular Session

SB 1046 (Blakespear) - Occupational safety: transboundary pollution

Bill Summary:

SB 1046 would require the Department of Industrial Relations’ Division of Occupational Safety and Health (Cal/OSHA), on or before January 1, 2030, to propose to the Occupational Safety and Health Standards Board (Standards Board) a standard that protects the health and safety of employees who risk high or prolonged exposure to transboundary pollution in outdoor occupational environments, as specified.

Fiscal Impact:

Administrative costs to DIR have yet to be determined, but at a minimum would total in the hundreds of thousands of dollars annually (Occupational Health and Safety Fund, see Staff Comments).

Background:

The Standards Board, within Cal/OSHA, is the only state agency authorized to adopt, amend, or repeal occupational safety and health standards or orders. Its mission is to promote, adopt, and maintain reasonable and enforceable standards that ensure a safe and healthful workplace. Among other responsibilities, the Standards Board (1) adopts and maintains standards, (2) considers petitions for new or revised standards proposed by any interested person, and (3) grants permanent variances from standards. Depending on its scope and application, standards can apply to state and local government and private sector workplace operations.

The Tijuana River carries millions of gallons of untreated sewage, industrial waste, and contaminated runoff across the U.S.-Mexico border on a daily basis. The river flows through Tijuana, Mexico and into the United States via the Tijuana River Valley in southern San Diego County, before emptying into the Pacific Ocean. Economic activity by entities in Tijuana not connected to the city’s sewage system are reportedly responsible for the pollution. Recent population growth in Tijuana, aging wastewater treatment plants in both countries, and climate change have additionally exacerbated pollution. Communities near the river suffer adverse health and economic impacts. Moreover, the contaminated ocean water and hydrogen sulfide also adversely impact local economies that rely on tourism. For instance, Imperial Beach has been closed for over 1,300 consecutive days and Coronado Beach closes intermittently due to contamination.

Proposed Law:

This bill, among other things, would do the following:

• Require CalOSHA, on or before January 1, 2030, to propose to the Standards Board for its review and adoption, a standard that protects the health and safety of employees who risk high or prolonged exposure to transboundary pollution, as defined, in outdoor occupational environments, as specified.
• Require the Board to consider identifying an exposure threshold for hydrogen sulfide at which acute or chronic health effects occur to reference in the standards and may consider exposure thresholds for other relevant pollutants.
• Authorize the Board to develop the standard in consultation with other specified groups.
• Authorize the Board to adopt emergency regulations to implement these provisions.

Related Legislation:

• SB 10 (Padilla) would authorize the San Diego Association of Governments to utilize toll revenues from the State Route 11/Otay Mesa Port of Entry to assist in the maintenance of the South Bay International Boundary and Water Commission sewage treatment facility and other infrastructure projects related to the Tijuana River. The bill is currently pending in the Assembly Transportation Committee.
• AB 1181 (Haney, Chapter 392, Statutes of 2025) required the Standards Board to consider modifying its existing safety order, by January 1, 2028, in a manner that addresses National Fire Protection Association performance standards for PPE that result in the use of perfluoroalkyl and polyfluoroalkyl substances and other hazardous substances in firefighting personal protective garments and auxiliary firefighting PPE.
• AB 2975 (Gipson, Chapter 749, Statutes of 2024) required the Standards Board, by March 1, 2027, to amend the existing workplace violence prevention in health care standard to require licensed hospitals to implement a weapons detection screening policy that includes the use of weapons detection devices that automatically screen a person’s body at specified entrances.
• AB 3258 (Bryan, Chapter 978, Statutes of 2024) expanded the scope of the California Refinery and Chemical Plant Worker Safety Act of 1990 by revising the definition of “refinery” and directed the Standards Board to consider for adoption, regulations that implement process safety management standards for the revised definition of refinery, as specified.
• AB 1007 (Ortega, Chapter 352, Statutes of 2023) required Cal/OSHA, by December 1, 2026, to submit to the Standards Board a proposed regulation requiring a health facility to evacuate or remove plume using plume scavenging systems in all settings that employ techniques that involve the creation of plume. This bill also required the Standards Board to consider the proposed regulation for adoption by June 1, 2027.
• AB 2243 (Garcia, Chapter 778, Statutes of 2022) required Cal/OSHA, before December 1, 2025, to submit to the Standards Board a proposal to consider revising the heat illness standard, as specified, and the wildfire smoke standard for farm workers to increase the protection of workers exposed to heat and smoke in outdoor settings, as specified.
• SB 1167 (Mendoza, Chapter 839, Statutes of 2016) required Cal/OSHA to propose to the Standards Board for review and adoption, a standard that minimizes heat-related illness and injury among workers working in indoor places of employment by January 1, 2019.
• SB 1299 (Padilla, Chapter 842, Statutes of 2014) required the Standards Board, no later than July 1, 2016, to adopt standards that require specified hospitals to adopt a workplace violence prevention plan as part of their injury and illness prevention plan to protect health care workers and other facility personnel from aggressive and violent behavior.

Staff Comments:

As noted above, DIR has yet to determine the administrative costs that would result from this bill. However, as summarized above, several enacted bills in recent years have directed Cal/OSHA to develop and propose various health and safety standards to the Standards Board. These prior bills have generally resulted in costs in the hundreds of thousands of dollars per year of rulemaking.

-- END --

SENATE COMMITTEE ON LABOR, PUBLIC EMPLOYMENT AND RETIREMENT

Senator Lola Smallwood-Cuevas, Chair

2025 - 2026 Regular

Bill No: SB 1046 Hearing Date: April 8, 2026

SUBJECT: Occupational safety: transboundary pollution

KEY ISSUE

This bill requires the Division of Occupational Safety and Health (Cal/OSHA), on or before January 1, 2030, to propose to the Occupational Safety and Health Standards Board (Standards Board) a standard that protects the health and safety of employees who risk high or prolonged exposure to transboundary pollution in outdoor occupational environments, as specified.

ANALYSIS

Existing law:

1. Requires, under the California Occupational Safety and Health Act, an employer to:
2. Furnish employment and a place of employment that is safe and healthful.
3. Furnish and use safety devices and safeguards, as well as adopt and use practices, means, methods, operations, and processes that are reasonably adequate to render employment and the place of employment safe and healthful.
4. Do everything reasonably necessary to protect the life, safety, and health of employees.

(Labor Code §6300 et seq.)

1. Establishes the Division of Occupational Safety and Health (Cal/OSHA) within the Department of Industrial Relations (DIR) to, among other things, propose, administer, and enforce occupational safety and health standards. (Labor Code §6300 et seq.)
2. Establishes the Occupational Safety and Health Standards Board (Standards Board), within DIR, to promote, adopt, and maintain reasonable and enforceable standards that will ensure a safe and healthful workplace for workers. (Labor Code §140-147.6)
3. Requires Cal/OSHA to enforce all occupational safety and health standards adopted by the Standards Board, as specified. (Labor Code §142 and §144.5)
4. Stipulates that in promulgating standards dealing with toxic materials or harmful physical agents, the Standards Board shall adopt standards to prevent employees from suffering adverse health effects even if these employees have regular exposure to a regulated hazard (Labor Code §144.6).
5. Prohibits an employee from being laid off or discharged for refusing to perform work in violation of prescribed safety standards, where the violation would create a real and apparent hazard to the employee or his or her fellow employees. Any employee who is laid off or discharged in violation of this right shall have a right of action for lost wages for the time the employee is without work as a result of the layoff or discharge. (Labor Code §6311)

This bill:

1. Requires Cal/OSHA, on or before January 1, 2030, to propose to the Standards Board for its review and adoption a standard that protects the health and safety of employees who risk high or prolonged exposure to transboundary pollution in outdoor occupational environments.
2. Provides that the standard shall apply to lifeguards, park rangers, and other employees that Cal/OSHA determines are at high risk.
3. Requires the standard to include all of the following:
4. Personal protective equipment, which may include, but not be limited to, respiratory protection and protective attire.
5. Medical surveillance, which may include, but not be limited to, medical examination rights, medical procedures, and reporting requirements.
6. Hazard communication, which may include, but not be limited to, notice of anticipated wet weather or other high-exposure events and any available data on pollution exposure conditions.
7. Reporting and recordkeeping practices. In developing these practices, the Standards Board shall consider, at minimum, both of the following:
8. Incident or exposure report forms for use by employees.
9. Maintaining data on exposure threshold exceedances, health-related symptoms developed following job duties, sick leave related to exposure incidents, and weather events exacerbating transboundary pollution.
10. Training for employees and supervisors that includes, but is not limited to, all of the following:
11. Information on the regional environmental conditions.
12. Potential health effects of exposure to transboundary pollution, including related symptoms.
13. Use of personal protective equipment.
14. Reporting practices.
15. Provides that in addition to the standards described in 3), the Standards Board may consider any other standard for adoption that will provide protection or safeguards for employees exposed to transboundary pollution in an outdoor working environment.
16. Requires the Standards Board to consider identifying an exposure threshold for hydrogen sulfide at which acute or chronic health effects occur to reference in the standards and may consider exposure thresholds for other relevant pollutants.
17. Authorizes the Standards Board to develop the standards described in 3) and 4) in consultation with lifeguards, park rangers, trade and labor unions, cities, counties, private and public sector employers, air districts, local environmental and public health agencies, universities and academic institutions, the Department of Parks and Recreation, the State Air Resources Board, the State Water Resources Control Board, regional water quality control boards, and the Office of Environmental Health Hazard Assessment.
18. Authorizes the Standards Board to adopt emergency regulations to implement these provisions, as specified.
19. Defines “lifeguard” as a person actively employed as a lifeguard by a city, county, city and county, district, or other public or municipal corporation or political subdivision, or a person actively employed as a state lifeguard by the Department of Parks and Recreation.
20. Defines “park ranger” as a person that enforces park rules and regulations and is actively employed as a park ranger by a city, county, city and county, district, or other public or municipal corporation or political subdivision, or is actively employed as a state park ranger by the Department of Parks and Recreation.
21. Defines “transboundary pollution” as environmental pollutants or toxins contaminating state water or air that originate from Baja California and threaten the health and safety of the public or environment.
22. Makes various findings and declarations related to the Tijuana River Valley and transboundary pollution.

COMMENTS

1. Background:

Occupational Safety and Health Standards Board (Standards Board)

The Standards Board, within Cal/OSHA, is the only agency in the state authorized to adopt, amend, or repeal occupational safety and health standards or orders. Its mission is to promote, adopt, and maintain reasonable and enforceable standards that ensure a safe and healthful workplace. The Standards Board consists of seven members appointed by the Governor. Two members are selected from labor, two members from management, one member from occupational safety, one member from occupational health, and one member from the general public. Among other responsibilities, the Standards Board 1) adopts and maintains standards; 2) considers petitions for new or revised standards proposed by any interested person; and 3) grants permanent variances from standards. To carry out its duties, the Standards Board holds monthly meetings throughout California.

The Standards Board must adopt standards at least as effective as federal ones for all health and safety issues that have federal standards promulgated under the Occupational Safety and health Act of 1970. Additionally, the Standards Board maintains standards unique to the state, like those for amusement rides, aerial passenger tramways, and heat illness. Depending on its scope and application, standards can apply to state and local government and private sector workplace operations.

The Administrative Procedure Act governs the public hearing and adoption process. After a rulemaking action is deemed necessary, proposed standard changes are developed by either the Standard Board's staff or Cal/OSHA’s staff, generally with the assistance and recommendations of an advisory committee. Advisory committees consist of representatives from industry, labor, the public, and other interested groups. If the changes are related to federal standards, the proposal is reviewed by Federal OSHA staff. The proposal is then scheduled for hearing at one of the Board's monthly meetings, so that written and oral testimony can be solicited. Following the public hearing, all testimony is returned to the originating staff (either the Standards Board staff or Cal/OSHA) for review. When all comments and testimony have been addressed by either modifying the proposal or providing a satisfactory explanation for rejection of suggested changes, the Standards Board's staff schedules the proposed standard for consideration and adoption at its next meeting. Following adoption, a copy of the rulemaking file is sent to the Office of Administrative Law. After approval, the standards are published in Title 8 of the California Code of Regulations.

The Tijuana River Valley and Transboundary Pollution

Every day the Tijuana River carries millions of gallons of untreated sewage, industrial waste, and contaminated runoff across the U.S.-Mexico border. The river flows through Tijuana, Mexico and into the United States via the Tijuana River Valley in southern San Diego County, before emptying into the Pacific Ocean.^[1] Factories and shantytowns in Tijuana that aren’t connected to the city’s sewage system are primarily responsible for the pollution.^[2] Although this binational problem dates back decades, explosive population growth in Tijuana, aging wastewater treatment plants in both the U.S. and Mexico, and climate change have exacerbated pollution.^[3]

Communities near the river suffer adverse health and economic impacts. Scientists have detected high levels of hydrogen sulfide in the air, which can cause headaches, fatigue, skin infections, anxiety, and respiratory and gastrointestinal problems. All of which residents near the river have complained of for years. According to the U.S. Centers for Disease Control and Prevention, nearly half of the 40,900 households in the southern San Diego County region have experienced health problems most likely attributable to the pollution.^[4] The Office of the Naval Inspector General found that in 2025, more than 1,100 Navy recruits contracted gastrointestinal illnesses after training in southern San Diego waters.^[5] On top of the health issues, the contaminated ocean water and hydrogen sulfide also destabilize local economies that rely on tourism. Imperial Beach has been closed for over 1,300 consecutive days and Coronado Beach closes intermittently due to contamination.^[6]

There are no overnight solutions that will alleviate health issues and reopen beaches. Instead, officials from the U.S. and Mexico will need to work together to expand sewage treatment plants, test water quality, and survey impacted residents to understand health issues. Despite the Trump Administration’s cuts to other federal programs, money has continued to flow for Tijuana River cleanup.^[7] In July of 2025, the U.S. and Mexico signed a memorandum of understanding aimed at ending the flow of raw sewage into the Tijuana River. Under the deal, Mexico agreed to complete an allocation of $93 million toward sanitation infrastructure and complete all projects by December 31, 2027, and the U.S. agreed to release funds for water infrastructure improvements on the border.^[8] A subsequent agreement, known as Minute 333, was signed in December of 2025.^[9]

This bill

The Prior and Related Legislation section details the Legislature’s long history of directing Cal/OSHA to develop and propose to the Standards Board various health and safety standards. SB 1046 would continue this practice by requiring Cal/OSHA, on or before January 1, 2030, to propose to the Standards Board a standard that protects the health and safety of employees who risk high or prolonged exposure to transboundary pollution in outdoor occupational environments, as specified. The measure would also authorize the Standards Board to consider identifying an exposure threshold for hydrogen sulfide at which acute or chronic health effects occur to reference in the adopted standard and to consider exposure thresholds for other relevant pollutants.

2. Committee Amendments:

Committee amendments 1) clarify that the Standards Board should adopt one standard on transboundary pollution, rather than multiple; and 2) give Cal/OSHA and the Standards Board discretion to develop and adopt a standard that is broader in scope or broader in application than what is required by SB 1046.

LAB 6726 (d) In addition to the standards described in subdivision (c), the standards board may consider any other standard for adoption that will provide protection or safeguards for employees exposed to transboundary pollution in an outdoor working environment.

(d) Subdivision (c) does not limit the authority of the division to develop a standard, or the authority of the standards board to adopt a standard, that is broader in scope or broader in application than required by this section.

LAB 6726 (f) The standards board may develop the standards standard described in subdivisions (c) and (d) subdivision (b) in consultation with lifeguards, park rangers, trade and labor unions, cities, counties, private and public sector employers, air districts, local environmental and public health agencies, universities and academic institutions, the Department of Parks and Recreation, the State Air Resources Board, the State Water Resources Control Board, regional water quality control boards, and the Office of Environmental Health Hazard Assessment.

3. Need for this bill?

According to the author:

“Millions of gallons of sewage are transported each year into California from the Tijuana River. This transboundary pollution, consisting of toxic chemicals, fecal matter bacteria, hydrogen sulfide, and pathogens, presents a hazard to the workers that are regularly exposed to the coastal waters of the Tijuana River Valley and San Diego region. Even without direct contact with contaminated waters, an outdoor working environment close to these waters increases exposure to the air that has collected pollutants through aerosolization. Lifeguards and park rangers employed by the city, county, and state have faced relatively higher risks of illness, especially when it rains or floods. Prolonged exposure can result in gastrointestinal illness, skin infections, and respiratory and neurological disorders. Workers have experienced headaches, fatigue, nausea, and bloody noses following exposure to contaminated air and water. Employers currently lack the guidance and tools to ensure protection or safety for workers at risk. Mechanisms (e.g., incident reports) specific to these conditions do not currently exist and would be useful in tracking the impact of the pollution on workers.

This bill requires the Division of Occupational Safety and Health Standards (CalOSHA) and the Occupational Safety and Health Standards Board (OSHSB) to develop standards to protect lifeguards, park rangers, and other occupations determined to be at risk by CalOSHA from transboundary pollution.”

4. Proponent Arguments:

The sponsor of the measure, SEIU California, states:

“Water samples from the Tijuana River have revealed a dangerous cocktail of industrial chemicals, pesticides, pharmaceuticals, and fecal bacteria. Even without direct contact with the water, pollutants aerosolize, causing significant health impacts in nearby communities. These aerosolized toxins can lead to high levels of hydrogen sulfide, a dangerous, odor-causing gas, and the risks are intensified by increasingly common extreme weather events, such as heavy rain and flooding.

SEIU members working near the California–Mexico border are at a heightened risk of occupational exposure to transboundary pollution. Currently, they risk illness with little to no protection or accommodations. Unlike other workplace hazards, there is currently no guidance on reporting illnesses, tracking incidents, or providing protective communication. Lifeguards and park rangers frequently experience headaches, fatigue, nausea, abdominal pain, and even bloody noses. After performing water rescues, lifeguards often require several days to recover from symptoms before they can return to work.

SB 1046 would direct the Division of Occupational Safety and Health (Cal/OSHA) to propose a standard for review and adoption by the Occupational Safety and Health Standards Board to protect the health and safety of employees exposed to transboundary pollution. By providing employers with essential tools, such as hazard communication and respiratory protection, SB 1046 would reduce illnesses among SEIU members who work to keep our outdoor spaces safe.”

5. Opponent Arguments:

None received.

6. Prior and Related Legislation:

SB 10 (Padilla, 2025) would authorize the San Diego Association of Governments to utilize toll revenues from the State Route 11/Otay Mesa Port of Entry to assist in the maintenance of the South Bay International Boundary and Water Commission sewage treatment facility and other infrastructure projects related to the Tijuana River. SB 10 is pending hearing in the Assembly Transportation Committee.

AB 1181 (Haney, Chapter 392, Statutes of 2025) required the Standards Board to consider modifying its existing safety order, by January 1, 2028, in a manner that addresses National Fire Protection Association performance standards for PPE that result in the use of perfluoroalkyl and polyfluoroalkyl substances and other hazardous substances in firefighting personal protective garments and auxiliary firefighting PPE.

SB 20 (Menjivar, Chapter 734, Statutes of 2025) addressed worker safety in the artificial stone fabrication industry, by among other things, 1) codifying engineering controls and work practices developed and adopted by the Standards Board in the Labor Code; 2) requiring an owner or operator of a fabrication shop to ensure that any employee who performs high-exposure trigger tasks receives training and to provide to Cal/OSHA a written attestation of that training, as specified; and 3) requiring the State Department of Public Health to conduct outreach.

AB 2975 (Gipson, Chapter 749, Statutes of 2024) required the Standards Board, by March 1, 2027, to amend the existing workplace violence prevention in health care standard to require licensed hospitals to implement a weapons detection screening policy that includes the use of weapons detection devices that automatically screen a person’s body at specified entrances.

AB 3258 (Bryan, Chapter 978, Statutes of 2024) expanded the scope of the California Refinery and Chemical Plant Worker Safety Act of 1990 by revising the definition of “refinery” and directed the Standards Board to consider for adoption, regulations that implement process safety management standards for the revised definition of refinery, as specified.

AB 1007 (Ortega, Chapter 352, Statutes of 2023) required Cal/OSHA, by December 1, 2026, to submit to the Standards Board a proposed regulation requiring a health facility to evacuate or remove plume using plume scavenging systems in all settings that employ techniques that involve the creation of plume. This bill also required the Standards Board to consider the proposed regulation for adoption by June 1, 2027.

AB 2243 (Garcia, Chapter 778, Statutes of 2022) required Cal/OSHA, before December 1, 2025, to submit to the Standards Board a proposal to consider revising the heat illness standard, as specified, and the wildfire smoke standard for farm workers to increase the protection of workers exposed to heat and smoke in outdoor settings, as specified.

SB 1167 (Mendoza, Chapter 839, Statutes of 2016) required Cal/OSHA to propose to the Standards Board for review and adoption, a standard that minimizes heat-related illness and injury among workers working in indoor places of employment by January 1, 2019.

SB 1299 (Padilla, Chapter 842, Statutes of 2014) required the Standards Board, no later than July 1, 2016, to adopt standards that require specified hospitals to adopt a workplace violence prevention plan as part of their injury and illness prevention plan to protect health care workers and other facility personnel from aggressive and violent behavior.

SUPPORT

SEIU California (Sponsor)

Sierra Club

Teamsters California

OPPOSITION

None received

-- END --

1. Rico, B., et. al. Heavily polluted Tijuana River drives regional air quality crisis. Science. 2025 ↑

2. Karlamangla, Soumya. “In California, There’s One Import No One Wants.” New York Times. May 26, 2025. ↑

3. Ibid. ↑

4. Ibid. ↑

5. Friedman, Lisa. “U.S. and Mexico Sign Deal to Stop Sewage Release into Tijuana River” New York Times. July 25, 2025. ↑

6. San Diego CoastKeeper. Current Advisories and Closures. March 30, 2025. ↑

7. Brennan, Deborah. “EPA Touts Bipartisan Effort to Clean Up Tijuana River.” CalMatters. February 9, 2026. ↑

8. Friedman, Lisa. “U.S. and Mexico Sign Deal to Stop Sewage Release into Tijuana River” New York Times. July 25, 2025. ↑

9. City News Service. “Trump administration signs updated agreement with Mexico over Tijuana sewage.” KPBS. December 15, 2025. ↑