Hearings

Assembly Standing Committee on Natural Resources

July 7, 2025
  • Isaac Bryan

    Legislator

    Welcome to the Assembly Committee on Natural Resources. We are one Member shy of a quorum, so we're going to start as a Subcommitee. I see Senator Blakespear is here. Senator, whenever you're ready.

  • Catherine Blakespear

    Legislator

    Well, thank you, Chair Bryan, and thank you Committee Members and staff. Hello. I will be accepting the Committee amendments on SB14. SB14 is a measure that would position California State agencies and operations as a leader for waste reduction and the circular economy. Every day, Californians send 12,000 tons of plastic to landfills across the United States.

  • Catherine Blakespear

    Legislator

    Only 5 to 6% of plastic was recycled in 2021. Waste that isn't sent to landfills often ends up polluting communities and the environment. Single use plastics are among the most extractive, wasteful and harmful products in our society.

  • Catherine Blakespear

    Legislator

    One way to tackle the problem and reduce the enormous flow of waste is to move to a circular economy which focuses on reducing, reusing and recycling products. SB 14 would require state facilities to take the lead in reducing and recycling plastic and organic materials as part of their integrated waste management plans.

  • Catherine Blakespear

    Legislator

    Right now, each state agency is responsible for developing an integrated waste management plan to divert 50% of the waste generated at state facilities from landfills. SB14 advocates the goals of the State Agency Waste Management Plan to specifically achieve 50% reusable foodwear at state facilities by 2030 and reduce paper purchasing by 30% by 2030.

  • Catherine Blakespear

    Legislator

    SB14 also updates the Integrated Waste Management Plans to require actions to provide adequate educational tools to inform state agency employees on how to properly sort materials for compost and recycling and ensure that recyclable and organic material reach responsible end markets.

  • Catherine Blakespear

    Legislator

    SB14 pushes state agencies to chart a course toward better education for sorting waste at state facilities and to better ensure that plastic and organic materials leaving state facilities actually gets recycled once it leaves the state buildings.

  • Catherine Blakespear

    Legislator

    My colleagues know that I am passionate about reducing single use plastics, and I hope that we as leaders move away from using single use plastic bottles and more fully embrace reusable bottles, carafes or pitchers for meetings and events rather than so much single use. SB14 will help steer us toward that goal.

  • Catherine Blakespear

    Legislator

    In addition to ensuring best practices with source reduction and recycling for material at the end of its life, SB14 also leverages the state's considerable purchasing power to support recycling markets by requiring that all state contracts for single use plastic bottles must support meeting the minimum recycled content standards that were set forth by AB793.

  • Catherine Blakespear

    Legislator

    SB14 would not prevent the state from purchasing the numerous substitutes to single use plastic bottles that are already on the market today, including aluminum bottles and cans, glass bottles and reusable products. With me to testify in support, I have Neil Edgar from the California Compost Coalition.

  • Neil Edgar

    Person

    Good afternoon, Chair Bryan and Members. Again, I'm Neil Edgar on behalf of the California Compost Coalition. Our Members are predominantly service providers for municipalities throughout California who process yard trimmings and increasingly, food materials to meet the lofty climate goals prescribed in SB13.

  • Neil Edgar

    Person

    A3 calrecycle is predicted that the state needs to double our existing capacity, adding some 50 to 100 facilities in many areas of the state. It's difficult to develop enough of a revenue stream to fund the critical infrastructure needed to meet community and regional goals.

  • Neil Edgar

    Person

    Every ton of recyclable and compostable materials collected is an asset towards building and operating cost effectively programs. This Bill would encourage state departments and agencies to be an active contributor to collection and recycling programs across the state.

  • Neil Edgar

    Person

    In many areas, the additional materials collected and processed can be a tipping point to getting more infrastructure built, particularly in rural areas where many state institutions represent a disproportionate percentage of the population.

  • Neil Edgar

    Person

    More importantly, the state can demonstrate its ability to truly lead and help achieve the important landfill diversion, climate change and circular economy goals that have been placed on jurisdictions and ratepayers in California, particularly with the passage of SB 54 and SB 1383. Thank you, Senator Blakespear, for bringing this Bill forward and urge your aye vote.

  • Catherine Blakespear

    Legislator

    We actually do have a second witness, if you don't mind him coming forward.

  • Catherine Blakespear

    Legislator

    Okay, thank you. He's a representative from Republic Services, Chris Groggin. I understand that he is here. There he is.

  • Isaac Bryan

    Legislator

    Not at all.

  • Isaac Bryan

    Legislator

    That's a hell of an entrance, brother. I just hope the testimony is as good as that entrance was.

  • Chris Groggin

    Person

    You guys don't make life easy having two different buildings.

  • Isaac Bryan

    Legislator

    Whenever you're ready.

  • Chris Groggin

    Person

    Thank you, Mr. Chair and Members. Chris Groggin with capital abse on behalf of Republic Services. Excuse me. Well, the stairs were fun too.

  • Chris Groggin

    Person

    Would you like a bottle of water?

  • Chris Groggin

    Person

    I'm okay, sir. Thank you.

  • Chris Groggin

    Person

    In support of SB14, first, we just would like to thank the author for introducing this important measure. As proposed to be amended, this Bill requires that state agencies. Thank you, Neil. Update their integrated waste management plans.

  • Chris Groggin

    Person

    We just appreciate the Members introducing this Bill and supporting the importance of source separation for various materials and appreciate that and respectfully request your aye vote.

  • Isaac Bryan

    Legislator

    Thank you, sir. Are there any persons in the hearing room in support of this measure? And also while you're coming up. Madam Secretary, I noticed we now have a quorum. Can we call the roll or call attendance?

  • Committee Secretary

    Person

    Roll Call

  • Isaac Bryan

    Legislator

    Quorum has been established. Whenever you guys are ready.

  • John Moffett

    Person

    Good afternoon. John Moffett on behalf of waste management in support.

  • Michael Caprio

    Person

    Good afternoon. Michael Caprio with Republic Services here in support.

  • Mandy Strello

    Person

    Mandy Strello with CRNR Environmental Services and Rethink Waste in support.

  • Isaac Bryan

    Legislator

    Thank you. Do we have any primary witnesses in opposition today?

  • Elizabeth Escovel

    Person

    Chair and Members not in opposition anymore. Given that the author has taken the suggested amendment that we see on page 8 of the analysis, we'll be removing our opposition and going neutral. Elizabeth Escovel, California Manufacturers and Technology Association.

  • Isaac Bryan

    Legislator

    Thank you. Anybody want to check to see if there are primary opposition running through the hallway?

  • Eloy Garcia

    Person

    Mr. Chairman of Members, Eloy Garcia for the International Bottled Water Association similarly removing our opposition based on the amendments reflected in the Committee analysis. Thank you very much.

  • Isaac Bryan

    Legislator

    Thank you, sir. Seeing no others, we'll turn it back to Committee Members question. Comments for Members of the Committee.

  • Catherine Blakespear

    Legislator

    It was.

  • Unidentified Speaker

    Person

    Thank you very much. Yes.

  • Unidentified Speaker

    Person

    Hi, Mr. Chair, Senator. Thank you. Question. Was the amendment to remove the 90%?

  • Catherine Blakespear

    Legislator

    Okay. Yes.

  • Isaac Bryan

    Legislator

    No questions from you. Mr. Vice Chair. Do we have a motion? Mr. Muratsucchi, in a second. Second by Mr. Schultz. This Bill is, we've seen versions of this before and just want to thank the Senator for incredible work. Would you like to close?

  • Catherine Blakespear

    Legislator

    Yes, thank you. Well, even though one of my primary witnesses arrived carrying a plastic water bottle, we are, we are actually. We are trying to move away from the state.

  • Chris Groggin

    Person

    I haven't used this water bottle for months. True story.

  • Chris Groggin

    Person

    Sorry, miss.

  • Catherine Blakespear

    Legislator

    We would like to have the state be a leader, so to lead by example by utilizing less single use plastic, more reusable and more compostable, and actually having some follow up.

  • Catherine Blakespear

    Legislator

    Like for example, in this building, if we track or do we or do we not track where our waste goes, what amount is going to the landfill, what percentage is being recycled or composted, Are we following the state laws? There are many examples of state agencies that could do better in this area.

  • Catherine Blakespear

    Legislator

    And because we are the State of California, I think that this is something that's really sorely needed and in many ways may be overdue. So I appreciate the support of the Committee and I recognize that the most controversial part of this Bill has been removed.

  • Catherine Blakespear

    Legislator

    And so now I'm hopeful that we'll be able to move forward with the rest of it. And I appreciate your support. So with that, I respectfully ask for your aye vote.

  • Isaac Bryan

    Legislator

    Thank you, Senator. Well you, you have my support today. This bill enjoys a do pass recommendation. We have a motion and a second. Madam Secretary, can we call the roll?

  • Committee Secretary

    Person

    Roll Call

  • Isaac Bryan

    Legislator

    That Bill is out. Absolutely. We have two measures on the consent calendar. That's Item 5, SB514, Cabaldon and Item 11, SB 856 from the Committee on Natural Resources and Water over in the Senate. Madam Secretary, can we call the roll on the consent calendar?

  • Isaac Bryan

    Legislator

    We have a motion by the Vice Chair and a second by Ms. Pellerin.

  • Committee Secretary

    Person

    [Roll Call]

  • Isaac Bryan

    Legislator

    The consent calendar is out. That leaves eight remaining file items. Please alert your favorite Senator. We are waiting for you patiently here. Absolutely. Presenting for Senator Becker on SB 326 is Assemblymember Pellerin.

  • Gail Pellerin

    Legislator

    Okay. I'll bring my reusable water bottle. I won't run. Is that okay?

  • Isaac Bryan

    Legislator

    We're ready when you are.

  • Gail Pellerin

    Legislator

    Okay. All right. Thank you, Mr. Chair and Members. S B326 is an important step for California in terms of managing wildfire risk. Let me begin on behalf of Senator Becker to accept the Committee's suggested amendments on page 13 of the Bill analysis. California is losing too many houses and communities to wildfire.

  • Gail Pellerin

    Legislator

    From my perspective, that is driving twin crises in affordability of electricity and availability and affordability of homeowners insurance. The first crisis threatens the clean energy transition. The second is becoming a major complicating factor for making progress on housing affordability.

  • Gail Pellerin

    Legislator

    As such, wildfire has become a major negative driver for the most important affordability issues confronting the state and the nation. As amended, SB 326 does two things to address the twin crises I'm speaking of.

  • Gail Pellerin

    Legislator

    First, it would create a framework for CAL FIRE to systematically evaluate and quantify the risk reduction benefits of fuels management and landscape resilience investments made by government and non government actors. This is important because it will help focus planning and resources on the projects with the greatest potential to reduce risk.

  • Gail Pellerin

    Legislator

    Second, SB 326 would increase early implementation of the pending Zone 0 building standards, also known as Ember Free Zone building Standards, to accelerate what has been acknowledged as one of the most, if not the most effective defensive space action homeowners can take to protect their home from wildfire destruction.

  • Gail Pellerin

    Legislator

    With regard to the strategic planning framework provisions, SB 326 would focus the State Fire Marshals Deputy of Community Wildfire Preparedness and Mitigation to do three things as pertaining to advancing comprehensive wildfire mitigation planning.

  • Gail Pellerin

    Legislator

    One, develop a wildfire mitigation planning framework to quantitatively evaluate alternative wildfire risk mitigation actions, develop a wildfire risk baseline and forecast to address risk from fire ignitions and the extent that the risk can be reduced and third, develop a wildfire mitigation scenarios report with a range of wildfire mitigation investment strategies and how one compares to the other.

  • Gail Pellerin

    Legislator

    Today, CAL FIRE uses its own judgment in deciding which projects to conduct itself and what grant applications to fund. This often means that the easiest acres to treat get done rather than the ones most important for reducing risk. Catastrophic wildfire imposes enormous costs on the State of California and its residents.

  • Gail Pellerin

    Legislator

    We are obliged to prioritize our mitigation efforts among all actors to achieve the maximum reduction in wildfire frequency, scope and intensity through targeted investments. That's what the planning framework in SB 326 can help accomplish.

  • Gail Pellerin

    Legislator

    With regard to the Zone Zero provisions, the Bill creates a grant program to assist local governments with homes in the very high Wildfire Threat Severity zone to implement and enforce the these defensive space standards. This Bill also expands the range of homes to which Zone 0 regulations will immediately apply to include rental properties and homes on sale.

  • Gail Pellerin

    Legislator

    All other existing homes would continue to have three years to comply. Lastly, the Bill expands the applicability of the, the WI building Code to reconstruction of homes after future wildfires. And here with me is Michael Mastandrea, Research Director, Stanford Climate and Energy Policy Program.

  • Isaac Bryan

    Legislator

    Yes sir. Whenever you're ready.

  • Michael Mastrandrea

    Person

    Thank you very much. Good afternoon. Thank you. Chair Brian thank you to the Committee Members as well for the opportunity to be here. As we've heard, my name is Michael Mastandrea. I'm the Research Director of Stanford's Climate and Energy Policy Program, and I'm speaking in my personal capacity today as a climate science and a wildfire policy expert.

  • Michael Mastrandrea

    Person

    I and my team conduct research and work with policymakers to address the causes and impacts of catastrophic wildfires. SB 326 is an important step for California to make progress on reducing wildfire risk. As we've heard, we're losing too many homes and communities to wildfire.

  • Michael Mastrandrea

    Person

    And I want to focus my comments on why Zone Zero is so important as a key component of wildfire risk reduction and why SB 326, as amended, is important in accelerating Zone Zero implementation. The Legislature and Governor Newsom have recognized the importance of Zone Zero.

  • Michael Mastrandrea

    Person

    And this is supported by scientific research that shows Zone Zero to be one of the most important factors in determining home survival in both controlled experiments and post fire analysis of losses.

  • Michael Mastrandrea

    Person

    I would point, for example, to recent research by Professor Michael Golner at UC Berkeley, work led by Eric Knapp at the U.S. forest Service and Yana Valachovic at the UC Cooperative Extension, and research reports from the Insurance Institute for Business and Home Safety, all of which support the importance of Zone Zero.

  • Michael Mastrandrea

    Person

    This is particularly true in existing neighborhoods where other important factors like the age of structures and the space between structures are extremely difficult, if not impossible, to change at scale. Governor Newsom has directed CAL FIRE to issue Zone Zero regulations by the end of this year.

  • Michael Mastrandrea

    Person

    And SB 326, as amended, would expand the categories of homes where Zone Zero will apply without a three year phase in. Zone Zero is more effective the more homes in a community implement protective measures. So accelerating implementation will move us faster towards meaningful risk reduction in the next three years.

  • Michael Mastrandrea

    Person

    SB 326 would also create incentives to help local governments hire inspectors and provide grants to homeowners to implement Zone Zero. This too is intended to advance implementation and enables new resources to be made available for this purpose. This Bill, as amended, advances critical measures to better safeguard our communities and to lose fewer, fewer homes when wildfires threaten.

  • Michael Mastrandrea

    Person

    Thank you very much for your time.

  • Isaac Bryan

    Legislator

    Thank you. Do we have any persons in the hearing room in support of this measure?

  • Doug Hewson

    Person

    Mr. Chair, Members, Doug Hewson representing the Los Angeles County Board of Supervisors in strong support.

  • Karen Jacques

    Person

    On behalf of Climate Action California, Karen Jacques in strong support.

  • Emily Pappas

    Person

    Hi. Emily Pappas on behalf of Nimala Pappas and Associates for MCE in support.

  • Melissa Sparks-Kranz

    Person

    Good afternoon. Melissa Sparks-Kranz with the League of California Cities had a support position previously and we're working with the author to clarify the recent amendments on the Zone Zero local agency enforcement. Thank you.

  • George Coventa

    Person

    George Coventa on behalf of the Independent Insurance Agents and Brokers of California in support.

  • Isaac Bryan

    Legislator

    Thank you. Any primary witnesses in opposition? Seeing none. Any persons in the hearing room in opposition? Well done Senator Becker. We will now turn it back to Committee Members. Any questions, comments, concerns? We have a motion and a second. Assemblymember Pellerin, would you like to close?

  • Gail Pellerin

    Legislator

    I do have a close here. SB 326 will help state, local and non governmental actors to better prioritize wildfire mitigation investments through strategic planning and will accelerate the application of proven effective defensive space building standards in areas of the state facing the highest risk of destructive wildfires. There is no opposition to the Bill, as you see.

  • Gail Pellerin

    Legislator

    And on behalf of Senator Becker, I respectfully ask for your aye vote.

  • Isaac Bryan

    Legislator

    Thank you. With a motion and a second, Madam Secretary, can we call the roll?

  • Committee Secretary

    Person

    The motion is due Pass as amended to Appropriations. [Roll Call]

  • Isaac Bryan

    Legislator

    That Bill is out. Great job. I don't see Senator McNerney in here, do we? No. So we're going to go ahead to Senator Richardson side.

  • Laura Richardson

    Legislator

    Well, good afternoon, everyone. Good afternoon, everyone.

  • Isaac Bryan

    Legislator

    Good afternoon.

  • Laura Richardson

    Legislator

    All right, there we go. First, I'd like to start off by thanking the Chair and Committee staff for working diligently with me and my office on this very important and timely measure, SB 34, while simultaneously continuing to improve air quality in the communities surrounding the San Pedro Port Complex Area and protecting jobs in our fragile economy.

  • Laura Richardson

    Legislator

    I'm accepting those proposed amendments today. In terms of the scale and scope of the ports of Los Angeles and Long Beach, they are the largest single intermodal commercial gateway in the State of California, the United States, North America, and the Western Hemisphere.

  • Laura Richardson

    Legislator

    The complex supports 3 million jobs nationwide and supports economic activity that generates 2.78 billion in state and local taxes, plus an additional 4.73 billion in federal taxes in 2022. It is fair to say this port complex is a tremendous asset to the State of California and to the nation.

  • Laura Richardson

    Legislator

    Yet, along with this amount of activity, the ports are mindful of the air quality within the area. After all, we live here, too. And to its credit, the ports have made tremendous strides to improve the air quality.

  • Laura Richardson

    Legislator

    For example, according to the latest annual emissions inventory, the total San Pedro Bay Complex emissions of diesel particulate matter decreased by 91%. Again, that's 91%. Nitrogen oxides decreased by 72%, sulfur oxides decreased by 98%, and greenhouse gases decreased by 20%, compared to the 2005 baseline emissions.

  • Laura Richardson

    Legislator

    In a commitment to continue to address air quality, the ports of Los Angeles and Long Beach adopted a joint Clean Air Action Plan. This was voluntary, and what they did in this particular report was to update their goals, including transitioning cargo handling equipment to zero emissions by 2030 and transitioning all drayage trucks to zero emissions by 2035.

  • Laura Richardson

    Legislator

    Given the current fluctuation of the economy, stubborn inflation, and the imposition of pending tariffs, now it certainly is not the time to hinder productivity at our ports and divert from a plan that is working. So, what's the problem here?

  • Laura Richardson

    Legislator

    Members of the South Coast Air Quality Management District attempted a port indirect source rule in 2024, which was opposed by both Mayors Bass and Richardson.

  • Isaac Bryan

    Legislator

    Rex Richardson of Long Beach?

  • Laura Richardson

    Legislator

    Yes, Rex Richardson, not myself. And at the time, and I'm pulling out my receipts here because we've heard a lot of information that's been presented to you, when that port rule was brought forward, those were the organizations that came out in opposition to that rule.

  • Laura Richardson

    Legislator

    A primary goal of SB 34 is to allow the ports and appropriate stakeholders to continue in their focus in meeting the Clean Air Action Plan. What does SB 34, as proposed, do, and the amended documents that we have already agreed to?

  • Laura Richardson

    Legislator

    With the assistance of this Committee and its amendments, SB 34 is narrowed in scope and clarifies that in the event that South Coast Air Quality District takes an action on or after July 1st, 2025, the South Coast Board shall ensure that the actions fulfill the specified conditions.

  • Laura Richardson

    Legislator

    So, one of the concerns was, did we go back too far? Did we go back beyond this year? And so, the amendment drafted by your Committee, which we gladly accept, made sure to address that. I understand that there were some concerns in the retroactive nature of the Bill.

  • Laura Richardson

    Legislator

    So, this amendment ensures that none of the previous actions taken by the board would be affected. The second one, the amendment clarifies that the board's action shall not impose a cap on cargo and throughput at the ports, directly or indirectly.

  • Laura Richardson

    Legislator

    It also clarifies what inaction means, the adoption or amendment of a rule or regulation that imposes new or additional emissions reduction requirements on sources of air pollution associated with the operation of ports. And then, finally, there was the concern of if this particular measure went into 2036.

  • Laura Richardson

    Legislator

    And so, another amendment that was negotiated by your Committee staff and your Chair was to ensure that this Bill would remain in effect for five years less, which is 2031. I believe this Bill strikes the right balance.

  • Laura Richardson

    Legislator

    What we're working to do is with the previous rule that was brought forward, which was opposed by many organizations and the mayors of both of those cities, all we have said in SB 34 is that the group should work together to address zero emissions.

  • Laura Richardson

    Legislator

    In no way do we want to pause from emissions and what our goals are, but what we do want to make sure is everyone's at the table and those who are best to address it are at that table as well.

  • Laura Richardson

    Legislator

    Now, you're going to hear some people talk about this district and say it's the dirtiest place in the state. Well, first of all, not to mention, I don't appreciate being said that I live in the dirtiest place in the state. Why are they saying that? Let me point out to you the truth.

  • Laura Richardson

    Legislator

    The truth is that this area is surrounded. The ports are down here, right? These are the two ports. The ports are surrounded by LAX. We're surrounded by also Long Beach Airport. So, we don't control airplanes. That's interstate commerce. Then, you're going to have—we're surrounded by four major freeways.

  • Laura Richardson

    Legislator

    You have the 405, you have the 110, the 91, and the 105. We don't control that. Then you're going to have the Gerald Desmond Bridge where all the trucks come over. We don't control that either. And then, you have the Alameda Corridor, which is the rail. So collectively, is this the source of great emissions? Absolutely.

  • Laura Richardson

    Legislator

    But to say that the Port itself is the dirtiest and the cause of all emissions in this region is just not accurate. Now, let me give you two reasons to prove why.

  • Laura Richardson

    Legislator

    Isn't it interesting that when you look at—when I was on the City Council in Long Beach, back in, from 2000 to 2007, we did various studies because there were cancer clusters. You would think, if this was the dirtiest area, why aren't the cancer clusters where the ports are?

  • Laura Richardson

    Legislator

    Actually, you know, where the cancer cluster is? On the 710 freeway, where the trucks go up and down.

  • Laura Richardson

    Legislator

    And then, the graph that I showed you there. The biggest challenge and the reason why the stakeholders want to work together and the reason why the amendments say that you can't create an action or a rule with something that the ports don't control, that graph shows you that 63% of the emissions to the port comes in through the vessels.

  • Laura Richardson

    Legislator

    We don't control that either. It's called interstate commerce, guys—ladies and gentlemen—interstate commerce. And then, I noticed in the analysis it stated that one of our issues is the fact of electrification.

  • Laura Richardson

    Legislator

    In order to remove the emissions with the vessels, we need electrification for it to connect to. That's a 200 megawatt station. The ports don't build the megawatt station. LADWP does.

  • Laura Richardson

    Legislator

    LADWP has not submitted a permit, has not submitted siting, and anything related to it. Will the ports and the stakeholders absolutely work together to get that electrification? Because that's a key to us meeting our zero emissions.

  • Laura Richardson

    Legislator

    But to say and to establish a rule that would inhibit the operations of the port based upon something they do not control and do not build would not be appropriate. And so, that's what SB 34 is about.

  • Laura Richardson

    Legislator

    I just want to say, as colleagues, since when did we not support legislation that said, people, let's come together and work together on the best solution. And that's what SB 34 is about. With that, I will pause. I have a few remaining comments depending on upon if your questions pull them out.

  • Laura Richardson

    Legislator

    But we have also here as a witness, Marvin Pineda with ILWU—will be making a presentation in support.

  • Isaac Bryan

    Legislator

    Thank you. Go ahead, Marvin.

  • Marvin Pineda

    Person

    Thank you, Chair and Members. Marvin Pineda with California Advocacy, on behalf of International Longshore Locals 1363 and 84. Want to thank the Chair and staff for working with those on those amendments.

  • Marvin Pineda

    Person

    For the Committee, we've been working on amendments since the Bill wasn't sent in Natural Resources with the opposition, but they continue to express other concerns and not remove their opposition. So, the IOW has a 90 year history of loading and loading ships, trucks, trains, at the ports of LA and Long Beach.

  • Marvin Pineda

    Person

    During that time, our members have adapted and welcomed new technologies that reduce air pollution. We want clean air. Our members work in these communities. Our families work in these communities. Our members have business in those communities. So, we want clean air like no one else does.

  • Marvin Pineda

    Person

    Today, we are collaborating with employers, cities, harbor departments, and other stakeholders to reduce emissions at the ports. I want to bring up one terminal at the ports called China Shipping. China Shipping—it's a terminal that has been litigated for years. There is, I'm going to say, some environmental groups. One, 100% zero emission equipment at that terminal.

  • Marvin Pineda

    Person

    It's not even feasible. It's not possible for us to even get there. But they're not willing to negotiate. What does that mean? That means that we're in a hard place where that terminal has to decide whether they close. Do they limit operations to comply with court decisions? So, that puts our workers in the middle of this conflict.

  • Marvin Pineda

    Person

    As the Senator mentioned, we, under the Clean Air Action Plan, our collective efforts have resulted in many accomplishments to clean the air.

  • Marvin Pineda

    Person

    One example and one point I want to make is that during COVID, when we all stayed home and the ILW continued to move goods for everybody to stay home and whether that was poor equipment, your couch, whether it was your masks, anything that you needed, we lost many members during that Pandemic and what you could see was the San Gabriel Mountains because all the other pollution factors were not at play.

  • Marvin Pineda

    Person

    The ports are not the cause of all that pollution. I just want to make that point. While we are continuing to collectively implement numerous new regulations from that California Resources Board, we have goals. And one other example is the port.

  • Isaac Bryan

    Legislator

    We're at 2:30.

  • Marvin Pineda

    Person

    2:30, okay. Can I get another minute since I'm the second one? Okay, so I'll make it quick.

  • Isaac Bryan

    Legislator

    A quick one.

  • Marvin Pineda

    Person

    Yeah. The Governor's Office called the LWU saying whether we were okay with implementing near zero emission by 2030 and zero emission by 2035. That said, we were okay with that because we want clean air.

  • Marvin Pineda

    Person

    With that, we want jobs. I didn't stick to my script, but we need a balanced approach from legislators, and that is to protect jobs, business, and our communities. We're not saying no to clean air. We're just asking for a balanced approach. Thank you.

  • Isaac Bryan

    Legislator

    Thank you, Marvin. Any persons in the hearing room in support of this measure?

  • Oracio Gonzalez

    Person

    Mr. Chairman, Oracio Gonzalez, on behalf of California's Business Roundtable, in support.

  • Alejandro Solis

    Person

    Good afternoon. Alejandro Solis, on behalf of La Cooperativa Campesina California and Los Amigos De La Comunidad, in support. Thank you.

  • Chris Schmode

    Person

    Good afternoon. Mr. Chair and Members. Chris Schmode, on behalf of the California Trucking Association, in support.

  • Tim Campbell

    Person

    Good afternoon. Tim Campbell, ILWU, with support.

  • Isaac Bryan

    Legislator

    Thank you, sir.

  • Leslie Alvarado

    Person

    Hi. I'm Leslie Alvarado. I'm with ILWU, and I'm in full support of this bill.

  • Isaac Bryan

    Legislator

    Thank you.

  • Phillip Herman

    Person

    Hello. I'm with ILWU. My name is Phillip Herman. Say, 'we support.'

  • Isaac Bryan

    Legislator

    We got them.

  • Emily Peterson

    Person

    Emily Peterson, ILWU, in support. Thank you.

  • Isaac Bryan

    Legislator

    Thank you.

  • David Lopez

    Person

    David Lopez, ILWU, in support.

  • Diana Lopez

    Person

    Diana Lopez, ILWU, in support.

  • Alan Couch

    Person

    Alan Couch, ILWU, support 34.

  • Isaac Bryan

    Legislator

    Thank you, sir. Any primary witnesses in opposition to this measure? We'll have the two primary oppositions go first.

  • Taylor Thomas

    Person

    Oh, okay. Should I just stand or go back and sit down?

  • Isaac Bryan

    Legislator

    You might want to have a seat. They'll be talking for about four minutes.

  • Taylor Thomas

    Person

    I'm sorry.

  • Isaac Bryan

    Legislator

    No. No worries. That's all right. We look forward to hearing from you. In whatever order you want and whenever you're ready.

  • Taylor Thomas

    Person

    Well, good afternoon, everyone. My name's Taylor Thomas. I'm with East Yard Communities for Environmental Justice and The Impact Project, and I'd also like to say we're a litigant in the China Shipping case, and we're in litigation because they violated a court order, not because of what you shared, but thank you for sharing that anyway.

  • Taylor Thomas

    Person

    So in the two minutes that I have to convince you to vote down this bill, I'm here to also uplift that this bill not only undermines almost a decade of community input, but also sets a bad precedent that polluters can forego the public process and use legislation to get what they want. This bill is not good governance.

  • Taylor Thomas

    Person

    The first time the author of this bill has engaged on the port's indirect source rule publicly is through this bill, not the countless working group meetings, community meetings, or board meetings that have taken place. There's been outspoken criticism from some of you against the federal government for its imposition on local authorities regarding immigration, and yet here we are considering overriding local authority in the face of mass environmental deregulation and an ongoing public health crisis in our communities.

  • Taylor Thomas

    Person

    There's many of us that came up today from the South Coast, and we're just a small representation of the millions of people that are directly or indirectly negatively impacted by port operations that don't have the ability to tell you the harm about the experience every day: the children stationed with asthma inhalers at their schools like I was, the elders carrying oxygen tanks, or the pregnant women who have diesel particulate matter in their amniotic fluid.

  • Taylor Thomas

    Person

    So in addition to demanding a no vote on this bill, I have two questions: why do you govern and who do you govern for? Because every yes, no, or abstention is a signal to the world about your character. Despite the years of consistent lies and gaslighting we endure to fight for our health, we keep showing up and engaging because we're rooted in truth and reason, and more importantly, love and compassion.

  • Taylor Thomas

    Person

    And we hope, I hope, that you have love and compassion for your fellow human beings as well. That's why I'm here. So you get to decide who you are today. Thank you.

  • Isaac Bryan

    Legislator

    Whenever you're ready, Wayne.

  • Wayne Nastri

    Person

    Thanks, Mr. Chairman, committee members. My name is Wayne Nastri. I'm the Executive Officer of the South Coast Air Quality Management District, and we're opposed to SB 34, and while I appreciate the committee's efforts to amend SB 34 to be less harmful, the bill still poses great risks to public health and potentially the overall economy.

  • Wayne Nastri

    Person

    SB 34 sets a terrible precedent to allow a specific industry to run a bill anytime there's potential for regulation without regard to the impacts on the larger economy and communities.

  • Wayne Nastri

    Person

    SB 34 disregards over eight years of efforts by South Coast AQMD with the ports of Los Angeles, Long Beach, industry, labor, local government, and community stakeholders to reduce port-related pollution. Our agency has engaged all stakeholders in good faith to develop a path forward.

  • Wayne Nastri

    Person

    And let me be clear: South Coast AQMD is not and will not impose a cap on cargo throughput. We recognize the ports are vital to the regional, state, and national economy, and we're focused on enabling continued growth, cleaner technologies, and improved public health.

  • Wayne Nastri

    Person

    We can have a strong job market and economy while improving public health and the environment, and toward that end, we've already invested over $750 million in the ports for clean technology over the last ten years.

  • Wayne Nastri

    Person

    And we know these investments are important as the San Pedro Bay port complex is the largest single source of air pollution in the State of California. It's time for the ports to do their fair share, and if passed, SB 34 would shift the emission burdens to stationary sources while letting the biggest polluter off the hook.

  • Wayne Nastri

    Person

    It potentially costs the state tens, if not hundreds of millions of dollars in public funds, trigger federal Clean Air Act sanctions, and for these reasons, I urge you to vote no on SB 34. And I'm here to answer any questions you may have. Thank you.

  • Isaac Bryan

    Legislator

    Thank you, Wayne. Any persons in the hearing room who'd like to be heard on this measure?

  • Kimberly Stone

    Person

    Good afternoon, chair and members. Kim Stone of Stone Advocacy, on behalf of the American Lung Association, in very respectful opposition.

  • Jennifer Fearing

    Person

    Good afternoon, Mr. Chair and members. Jennifer Fearing, on behalf of Ocean Conservancy, in respectful opposition.

  • Benton Buecker

    Person

    Benton Buecker, legislative intern with Environment California. Our organization is strongly opposed to this bill. Thank you.

  • Michelle Canales

    Person

    Michele Canales with the Union of Concerned Scientists. We remain in opposition but thank the committee for your work.

  • Ana Gonzalez

    Person

    Good afternoon. Ana Gonzalez, representing the Center for Community Action and Environmental Justice in San Bernardino, Riverside counties, also vice chair of the CADEM Chicano Latino Caucus, in full opposition. Thank you.

  • Teresa Bui

    Person

    Good afternoon. Teresa Bui, Climate Policy Director for Pacific Environment. We respectfully best oppose this bill. Thank you.

  • Esther Portillo

    Person

    Good afternoon. Esther Portillo with the Natural Resource Defense Council and RDC. We're in opposition.

  • Fernando Gaytan

    Person

    Good afternoon. Fernando Gaytan with Earthjustice, in respectful opposition.

  • Christina Scaringe

    Person

    Good afternoon. Christina Scaringe with the Center for Biological Diversity, in opposition. Thank you.

  • Ada Welder

    Person

    Good afternoon. Ada Welder, here to express opposition on behalf of Environmental Defense Fund, the Greenlining Institute, Communities for a Better Environment, Los Angeles Cleantech Incubator or LACI, and Energy Entrepreneurs, E2. Thank you.

  • Martin Radosevich

    Person

    Good afternoon. Martin Radosevich, on behalf of the Pacific Maritime Association, opposed unless amended due to the anti-automation provisions in the bill. Thank you.

  • Melissa Romero

    Person

    Melissa Romero, California Environmental Voters, in opposition. Thank you.

  • Jakob Evans

    Person

    Good afternoon. Jacob Evans with Sierra Club California, in opposition. Thank you.

  • Bill Magavern

    Person

    Bill Magavern, Coalition for Clean Air, opposed.

  • Karen Jacques

    Person

    Karen Jacques, Climate Action California, in opposition.

  • Isaac Bryan

    Legislator

    Thank you, Karen.

  • Marlon Vargas

    Person

    Marlon Dueigi Vargas with The Impact Project, in opposition.

  • Maria Reyes

    Person

    Hello. My name is Maria Reyes. I'm a volunteer for Impact Project. Oppose it.

  • Kimberly Amaya

    Person

    Hello. Kimberly Amaya, a community member of East Yard Communities for Environmental Justice and West Long Beach resident, in opposition.

  • Diego Mayen

    Person

    Hello. Diego Mayen, a member with East Yard Communities for Environmental Justice and resident of Carson, California, also in opposition. Thank you.

  • Alan Abbs

    Person

    Alan Abbs with the Bay Area Air Quality Management District, in strong opposition.

  • Brendan Twohig

    Person

    Brendan Twohig, on behalf of the California Air Pollution Control Officers Association, in opposition.

  • Theral Golden

    Person

    Theral Golden, resident of West Long Beach, in double strong opposition. May I say one thing?

  • Isaac Bryan

    Legislator

    No, sir.

  • Theral Golden

    Person

    All right.

  • Isaac Bryan

    Legislator

    Appreciate you, though.

  • Mandy Strello

    Person

    Mandy Strello, on behalf of Ceres, in opposition.

  • Yvette Torres

    Person

    Good afternoon. Yvette Torres, Ph.D graduate student at UC Berkeley and here with The Impact Project, and we oppose.

  • Andrea Vidaurre

    Person

    Andrea Vidaurre with The Impact Project. Oppose.

  • Isaac Bryan

    Legislator

    Thank you.

  • Bernice Joseph

    Person

    Good afternoon. Bernise Joseph, CIA politician and scientist.

  • Isaac Bryan

    Legislator

    Thank you. And for what it's worth, brother, if you are who I think you are, I definitely read your piece. Yes, sir. We'll now turn it to committee members. Mr. Garcia.

  • Robert Garcia

    Legislator

    Thank you, Mr. Chair. Relating to Mr. Golden's piece--I'm not sure if you had a chance to read it, Ms. Richardson--it's titled, 'SB 34 is the Death Sentence for our Communities.' Says, 'three people each day die each day in this region from poor pollution. It's not car crashes, not gun violence. It's air. And that is the price we pay for living near these ports and warehouses: our lungs, our health, our lives--and no, we can't just move away.'

  • Robert Garcia

    Legislator

    So Mr. Golden, I believe, is here today, details how we've been looking for that balanced approach, that solution between the ports, the Air District, to make sure we protect our communities for ten years. Ten years and nothing has happened. Nothing. And so I know that the original bill here asked for an exemption for nothing to happen for many, many more years.

  • Robert Garcia

    Legislator

    And I share the sentiments, and he said, 'the most infuriating part is that this is the type of behavior I would expect from Trump, not California Democrats. Trump and his people in Congress have already taken away the best clean air laws that we had on the books. Now our own State Legislature wants to strip away the little control, local control we have, by trying to shut down the communities fighting back.'

  • Robert Garcia

    Legislator

    'If you vote for SB 34, you're voting to let pollution continue to kill people in my neighborhood. You're voting to silence the voices of the people most impacted. You are voting to impose a slow, quiet death sentence on Black, Brown, and working class families across the region.' So I appreciate Mr. Golden and his piece.

  • Robert Garcia

    Legislator

    I thought it was really impactful what I heard today, and the testimony is just basically citing all the different factors that are out of your control. It took me back to school days where we blamed the parents, we blame students not doing their homework, we blame their previous grade teacher, everybody except the person responsible, and it's been ten years. I will not be supporting your your measure, Ms. Richardson.

  • Isaac Bryan

    Legislator

    Thank you, Mr. Garcia. Other committee members? Mr. Muratsuchi.

  • Al Muratsuchi

    Legislator

    Thank you very much. As a representative of the South Bay and Harbor area, including half of San Pedro, I recognize and appreciate many of the issues being presented in this bill.

  • Al Muratsuchi

    Legislator

    First of all, I. I do want to recognize that the ports of LA and Long Beach, they account for 40% of all imports and exports in the entire state, United States of America. It's one of the biggest economic engines not only for the area, but for our entire State of California.

  • Al Muratsuchi

    Legislator

    It is the biggest port complex in the entire State of California. One of my biggest concerns. Well, let me say that I been a longtime supporter of the South Coast Air Quality Management District and all the great work that you do to protect our communities in Southern California.

  • Al Muratsuchi

    Legislator

    I know we had worked together to address many of the issues coming out of the Torrance Refinery, and I truly appreciate the work that the AQMD does.

  • Al Muratsuchi

    Legislator

    Having said that, one of my big concerns is with the objectives of the Clean Air Action Plan with its updates, including goals of achieving 100% zero emissions operations for cargo handling equipment by 2030 and for dredge trucks by 2035. My ongoing concerns have been the loss of competitiveness for our parts of Los Angeles and Long Beach.

  • Al Muratsuchi

    Legislator

    And similar to conversations that we're having about refineries shutting down in the State of California and us in the State of California having to import refined gas from foreign countries with much lower environmental standards.

  • Al Muratsuchi

    Legislator

    I'm concerned that we, you know, in our, well, you know, intentioned efforts to cut down on air pollution in the harbor area and, you know, in the larger Southern California area, that we are handicapping our ports and risking losing container volume. That is the big economic driver.

  • Al Muratsuchi

    Legislator

    You know, I respect the passion of my colleague from Rancho Cucamonga, and I know that he's a fighter for his communities and for the air pollution. But I have to respectfully disagree that nothing's been done. I mean, when, as the earlier presentation cited, that there have been dramatic improvements in terms of emission reductions.

  • Al Muratsuchi

    Legislator

    I guess my question for the AQMD is, I mean, what is your analysis in terms of how does the AQMD take into consideration whether the efforts to clean up the regional air pollution, how that impacts the competitiveness of the ports of Los Angeles and Long Beach?

  • Wayne Nastri

    Person

    Well, I think if you look at what's happened over the last several years, the port has cleaned up tremendously. And at the same time the port has increased its throughput on container traffic. And while you may hear arguments that the market share has been declining, you have to look at throughput through the pandemic and even recently.

  • Wayne Nastri

    Person

    There were a record high number of throughput. So the port continues to grow. The port continues to make investments in clean air technology. We recently received a $500 million grant from US EPA that's dedicated to looking at goods movement.

  • Wayne Nastri

    Person

    A good portion of that will look at the ports and the goods movement associated with throughout, not just the ports, but all the way through the border of California. And so, as I said before, we've invested hundreds of millions of dollars so that the ports can deploy that cleaner technology.

  • Wayne Nastri

    Person

    And in fact, when you look at Long Beach Container Terminal, which is the nation's first zero emissions port, they found that their throughput has more than doubled. They're running three shifts and they're tremendously productive in terms of economic growth. That's why I said you can see strong growth and you can see strong investments in the environment.

  • Wayne Nastri

    Person

    What we're asking as we're going through our rulemaking process is for the ports to put more detail to that Clean Air Action Plan and to be held accountable as regional administrator of U.S. EPA, a position that I held for over seven years, I worked on that force, that first port plan.

  • Wayne Nastri

    Person

    And yes, while there have been tremendous reductions since that time, we still need a tremendous amount more of emission reductions for that. And the new technology that we're looking at will help us get there. There are some technologies which we understand are not ready for prime time.

  • Wayne Nastri

    Person

    But let's get together, let's plan how that's going to work out. LADWP is not the only utility involved in this. We also have SoCal Edison. All of these people and parties and stakeholders and community members have been meeting, as Taylor mentioned. We've been having work group meetings, we've been having community meetings. We continue to do that.

  • Wayne Nastri

    Person

    We're hopeful to bring a rule to our board for consideration in October, and that's something that we're trying to do is to make sure that we address the economic impacts. And that is one of the requirements that we actually have to go through is we have to do that socioeconomic impact.

  • Wayne Nastri

    Person

    And again, I want to stress the fact that what we're asking for is give us the details of the plan, tell us how you're going to do it, tell us what are the financial mechanisms that are necessary. How can we then work together to identify those means, swallow those factors?

  • Wayne Nastri

    Person

    I hope answered your question in terms of the port ability to continue to make improvements, to continue to make those environmental investments, and most importantly, to continue to improve public health in the surrounding communities.

  • Al Muratsuchi

    Legislator

    I appreciate your response, but I know that this issue has been hotly debated in the harbor area for years now. I remember, I think it was two years ago that I was a member of the Select Committee on Ports, California Ports, where we conducted a hearing in San Pedro.

  • Al Muratsuchi

    Legislator

    I heard from the local elected officials a strong opposition to the indirect source rule because of the concerns about losing market share, losing cargo volume to Savannah, Georgia, to the other ports that don't have the strong environmental commitments. Another one of my concerns is if.

  • Al Muratsuchi

    Legislator

    I mean, I think one of the biggest advantages that we have in the Port of Los Angeles and Long Beach is the geographic proximity to China in particular, where I think what over 70% of the cargo volume comes from.

  • Al Muratsuchi

    Legislator

    But as other ports become more competitive with lower environmental regulations, that we would just be contributing to the global greenhouse gas emissions by sending container ships, you know, past the ports of Los Angeles and Long beach to the other ports.

  • Al Muratsuchi

    Legislator

    Does the AQMD take into consideration the global impacts of greenhouse gas emissions when the container ships would be bypassing the ports of Los Angeles and Long beach to go to other ports in the country?

  • Wayne Nastri

    Person

    So we look at the GHG emissions as a function of NOX emissions as well. So we have to calculate the total impact. And to your point about potential diversion, potential diversion would actually increase fuel consumption. It would increase GHG, it would increase NOx. And there are other reasons why people are going to do diversion.

  • Wayne Nastri

    Person

    As we've said before and has been said many times, The Port of La Long Beach complex is much more efficient. You have 17 million, close to 17 million people. And in the region that provides a market like no other.

  • Wayne Nastri

    Person

    And the fact that you may have diversion, I want to point out one of the things that really drives, and actually it's the primary driver, although you have the California Clean Air act is the federal Clean Air Act. And under the federal Clean Air act, we have the worst air quality in the nation.

  • Wayne Nastri

    Person

    We are in non attainment. And if we are in non attainment, the Federal Government can, can come in and say, you're in non attainment. And we're gonna show you how to come into attainment. And that's through a process called the Federal Implementation Plan, a FIP.

  • Wayne Nastri

    Person

    And through a FIP, they can say, you're not gonna have drive days or you're gonna have every other day is a no drive day. We're gonna do cargo diversion. The truth of the matter is this Administration is looking for any opportunity to show California that even though it has these great environmental aspirations, it can't come into compliance.

  • Wayne Nastri

    Person

    And so when you talk about where is the real opportunity for diversion. It's not from the south coast AQMD. It's from the Federal Government.

  • Wayne Nastri

    Person

    And the South Coast AQMD is doing everything it can to stop the diversion, to keep the economy going, to keep the jobs going, and to make sure that we can do it in a way that benefits everyone.

  • Al Muratsuchi

    Legislator

    So are you saying, first of all, when you talk about diversion, you're talking about container ships bypassing parts of LA and Long Beach, going to other ports.

  • Wayne Nastri

    Person

    In the country, you want to be able to stop NOx emissions. So if you have a big source of NOx emissions, either hoteling, offshore, hoteling at the ports, you can stop that. You can make them go somewhere else. So those NOx emissions don't necessarily impact the air quality in the south coast region.

  • Wayne Nastri

    Person

    The same is true for a whole host of other areas.

  • Al Muratsuchi

    Legislator

    Wait, wait. I was just asking for clarification on your use of the term diversion. Could you explain what diversion means?

  • Wayne Nastri

    Person

    Diversion would mean the transfer of equipment, of cargo of goods, all sorts of things to other places so that you don't have those sources of emissions within that area that creates the noxious problem which causes the ozone, the smog problems that we have, which contributes to the 1400 deaths in the south coast region alone each year.

  • Al Muratsuchi

    Legislator

    Okay, and again, I appreciate all the work that the AQMD does to protect, you know, local Southern California residents, including myself, but does the AQMD study the, the, the, the global greenhouse gas impacts when ships are diverted from the ports of Los Angeles and Long beach to other ports in the country?

  • Wayne Nastri

    Person

    We wouldn't look at the GHG composition going to other areas. We would only look at the impact that it has to the south coast region.

  • Laura Richardson

    Legislator

    Okay, may I chime in, Mr. Chair, regarding these two specific points?

  • Isaac Bryan

    Legislator

    We have some other questions from other Committee Members. I think you'll get a chance to address those in the questions as well.

  • Al Muratsuchi

    Legislator

    Okay, I'm sorry, if I could just ask my last question there, which is, you know, I've heard for years how the ports of LA and Long Beach are striving for 100% electrification of the ports. Based on my awareness of that. I mean, the technology, the cost just doesn't seem to be feasible.

  • Al Muratsuchi

    Legislator

    I mean, I'm hearing about electric trucks costing, you know, 350, $400,000 a truck, you know, not to mention the capacity to generate the amount of electricity necessary to 100% electrify the ports. And so I guess, if I may. Thank you for your patience, Mr.

  • Al Muratsuchi

    Legislator

    Chair, but I just think that you know, the reason why it's here at the state level, number one, it's because this issue was not resolved at the local level.

  • Al Muratsuchi

    Legislator

    And know, and, and number two, you know, I, I, I'm concerned that as much as I respect your efforts to cut down on local air pollution emissions, we also need to balance that with these issues of keeping our ports of LA and Long Beach competitive. Thank you.

  • Isaac Bryan

    Legislator

    Thank you, Mr. Zbur.

  • Rick Chavez Zbur

    Legislator

    So thank you for being here today. Thank you for bringing the bill. I, before yesterday, I don't think I could have supported this bill, but when I'm looking at looks that with the amendments that have been proposed by the, by the Committee, it's hard for me to understand really where the beef still is with the bill.

  • Rick Chavez Zbur

    Legislator

    I totally understand why we had so much environmental opposition to the prior version of the bill, but when I look at what's left of it now, there seem to be two pieces.

  • Rick Chavez Zbur

    Legislator

    One that the action, action, meaning the indirect source rule, will not recognize, will recognize the contributions of sources of air pollution outside the control of the ports. Use of the word recognize is something you would do anyway. You would be taking into account of those. Right. So this doesn't change anything that you would do. Is that right? Mr. Nastri?

  • Wayne Nastri

    Person

    Is it right if I talk to the microphone?

  • Isaac Bryan

    Legislator

    Sure. Yes.

  • Wayne Nastri

    Person

    Yeah.

  • Wayne Nastri

    Person

    The basis for our opposition is the precedent that this sets for any group that doesn't want to be held accountable or that doesn't want to go through the rulemaking process of the South Coast AQMD to run to the Legislature and say, hey, we're doing everything we're trying to do and we don't need the South Coast, so where does it stop?

  • Rick Chavez Zbur

    Legislator

    Yeah. So I mean, I understand the precedent issue and I actually share those concerns to a certain extent. I also, you know, share concerns of the fact that we don't want to be doing things that sort of unnecessarily harming employment at the port.

  • Rick Chavez Zbur

    Legislator

    And part of the reason why I became more comfortable with the bill was because when I looked at what is left of the bill, it doesn't look to me like any of your regulatory authority to control emissions are reduced.

  • Rick Chavez Zbur

    Legislator

    So you have the action shall do all the recognize contributions of sources of air pollution outside the control of the ports. You already do that. Require the ports. Require assessment of energy demand and supply, cost estimates, funding source, workforce and environmental impacts associated with the action. You already do that. I used to practice before your body.

  • Rick Chavez Zbur

    Legislator

    I know you do that as part of your normal rulemaking. C, use the assessments developed by the ports prepared Pursuant to sub paragraph B, the thing I just talked about to determine timelines for achieving action targets. You already do that.

  • Rick Chavez Zbur

    Legislator

    D create a process by which the ports can request extension to timelines developed to achieve the action's targets. You already do that. And then there's the prohibitions. The the action shall not do any of the following. Impose a cap on cargo throughput at the ports, directly or indirectly. Now that's new.

  • Wayne Nastri

    Person

    And I've said we won't.

  • Rick Chavez Zbur

    Legislator

    And I. But, but if you aren't going to do that, then why would you have a problem putting that in place since it's such a big part of the concerns that the workers at the ports have?

  • Laura Richardson

    Legislator

    Can I.

  • Rick Chavez Zbur

    Legislator

    No, because I'd like to go through. I'm asking questions and I'll give you an opportunity to say something. If the chair allows me. Second part was impose a cap B before require any actions that reduce pollution from sources that are exclusively under state or Federal Government. That's gone now.

  • Rick Chavez Zbur

    Legislator

    So if that had been there before, I pro would not have been able to support this bill. The other one C, set Shorter timelines for achieving a bunch of admission reductions. So. So this is one of the other things that actually I think intruded on your authority. And that thing is that that is gone now.

  • Rick Chavez Zbur

    Legislator

    And so what's left are the use of the public grants related to the automation and that I think the automation probably needs to be tightened up some because I think there's probably some automated things that are currently being used at the ports. But I think that's the subject matter for another Committee.

  • Rick Chavez Zbur

    Legislator

    But I also think that automation is really important to the workers, that we're making sure that we're not exporting those jobs. And so when I look at all of these things, I guess I just don't understand what's left. Before I understood exactly why we would have such strong outpouring of opposition for this.

  • Rick Chavez Zbur

    Legislator

    But it looks to me like with the amendments, your authority is retained to reduce emissions through the indirect source rule. You're not prohibited from proceeding with it. You impose all your current standards. None of that is weakened except for the fact you have two new sets of standards you have to abide by.

  • Rick Chavez Zbur

    Legislator

    One is not reducing cargo throughput, which I think is a new thing, and I support that. And the other is related to focusing on automation. So with that, where, where in the bill is your authority further restricted?

  • Wayne Nastri

    Person

    So I believe in the section that you identified regarding grants funds and like there is a term in there that says indirectly and I think the indirectly is a term that we feel could be interpreted many different ways and just lead to litigation.

  • Wayne Nastri

    Person

    I think the challenge that we've seen is that we know that an indirect source rule approach works. We've done that with warehouses. It's been through the courts, it's been approved. We're moving forward in a way. I would also argue that what we've seen with Longridge Container Terminal with regards to their electric utilization, that it's there.

  • Wayne Nastri

    Person

    So from the perspective of your specific points, my answer would be, first is the precedent sets a bad precedent and then second is that there is still language in there that causes tremendous concern on its interpretation and then ultimately the implementation.

  • Rick Chavez Zbur

    Legislator

    Yeah, I guess the thing I would sort of say is on that, you know, with respect to the ports, the ports are sort of, especially the ports of Los Angeles and Long Beach are unique entities. They're the largest container terminals in the country.

  • Rick Chavez Zbur

    Legislator

    I think when we're talking about issues of precedent, it's not like having some other industry coming in and, you know, and asking for something that is sort of different from your normal processes.

  • Rick Chavez Zbur

    Legislator

    And I do think that the issue of concern about reduction in, you know, in cargo volumes is that you said, you say you're not going to do it anyway, so I don't understand why you'd have a problem with that.

  • Rick Chavez Zbur

    Legislator

    I think on the automation piece, I think one of the things that is an issue that we're going to have to deal with as a society is the fact that we've got automation that's taking jobs away.

  • Rick Chavez Zbur

    Legislator

    And so I know this may not be perfect, but it's, it's starting to look at that set of issues and frankly, you know, I'll tell Mr. Pineda and the author here, I think that needs to be tightened up. Something.

  • Rick Chavez Zbur

    Legislator

    I think there's probably things at the port that are sort of automated under this definition that are currently used and would not take away jobs. And so I think that part needs to be tightened up. But it is an appropriate thing, I think, for us to look at. And it's something that is really unique to the port.

  • Rick Chavez Zbur

    Legislator

    So with that, you know, I, I, I'm comfortable. There's nothing that I can see in here that's taking away your normal authority to protect the communities around the ports or that restricts your ability to even deal with the issues that I think my colleague from Torrance is concerned about. So I don't know. If you want to have one final comment, then I'm going to stop talking.

  • Wayne Nastri

    Person

    So thank you, member. As I said before, the main concern that I have is the slippery slope. And then this is just the first of many other attempts to try to diminish a regulatory agency's authority. The issue of automation. The South Coast AQMD has always been vocal in support of human operated equipment.

  • Wayne Nastri

    Person

    We just want that equipment to be zero emission and we've been a longtime supporter of that. We'll continue to support that. The South Coast AQMD is close to bringing a rule to our board to the point about our ability to resolve these matters.

  • Wayne Nastri

    Person

    We think that the approach that we're bringing, working with all of the stakeholders, is a way that we can address the emission reductions and get a commitment to put forward a plan that actually the parties can be held accountable for. We've been trying to do that for a number of years. We've tried. We thought we had agreements.

  • Wayne Nastri

    Person

    We unfortunately did not. I think that if this body were to wait and see what comes out of the South Coast AQMD in the process come this fall, we would all have the same opinion.

  • Wayne Nastri

    Person

    We were able to develop a rule that addresses community concerns, that creates timelines, that holds people accountable for what they're saying they're going to do. They're going to develop a plan, not us. We're going to continue to move forward.

  • Wayne Nastri

    Person

    And that's my main concern, is that we have the ability to do what's right, to do what's required under the law and to not have our authorities chipped away as we see what's happening at the federal level.

  • Rick Chavez Zbur

    Legislator

    Yeah, I guess the last thing I'll say is I just don't see, and I think you haven't identified anything other than the cargo throughput and the automation where your authority is chipped away at all. I just don't see your authority chipped away.

  • Rick Chavez Zbur

    Legislator

    It's like everything that's in the bill you do anyway and it doesn't, it's not taking away your, the other standards that you apply to protect the environment, to make sure that everything is cost effective, all the things that you normally do when you adopt a rule. So anyway, with that I just want to thank you for answering my questions.

  • Isaac Bryan

    Legislator

    Any other questions by Committee Members? Mr. Ellis.

  • Stan Ellis

    Legislator

    The gentle Mr. Chair and Senator. I'd like to address the gentleman of the South Coast, sir. Of a million barrels a day that we import of crude oil from foreign countries, how much comes into the South Coast?

  • Wayne Nastri

    Person

    I couldn't tell you. The petroleum throughput right now, sir.

  • Stan Ellis

    Legislator

    Do you know what kind of fuel those ships burn when they come in?

  • Wayne Nastri

    Person

    Those ships are required to burn a cleaner fuel as a result of the requirement from EPA and from CARB that they burn cleaner fuels. But if they're actually birthed, they should be using shore power.

  • Stan Ellis

    Legislator

    So can I tell you that they burn number six fuel oil to within about 25 miles out, is that correct?

  • Wayne Nastri

    Person

    It could be correct, yes.

  • Stan Ellis

    Legislator

    So that's one of the most unrefined products. So are you familiar with polynuclear aromatic hydrocarbons?

  • Wayne Nastri

    Person

    Yes.

  • Stan Ellis

    Legislator

    Do you know that those ships burning that number six fuel oil, internal combustion engines, until they get 25 miles out before they convert to low sulfur diesel, are emitting particulate and those benzopyrene craftsanes.

  • Wayne Nastri

    Person

    They should be burning a cleaner distillate fuel. Sir, that's a requirement of USCP.

  • Stan Ellis

    Legislator

    They should be.

  • Wayne Nastri

    Person

    They should be. So if someone's burning what I believe to understand, you're saying basically a bunker fuel.

  • Stan Ellis

    Legislator

    That's correct.

  • Wayne Nastri

    Person

    They should not be burning bunker fuel. And if in fact that they are, EPA through the Coast Guard could take action on that by looking at their laws.

  • Stan Ellis

    Legislator

    Well, out of 25 miles. So I'm talking about the area 25 miles out. There's not an international standard 25 miles out.

  • Wayne Nastri

    Person

    To my recollection, the U.S. is part of, it's called an ICA, an emission control area that was ratified by Congress in 2007. And my understanding on that was within 200 miles. They had to use that cleaner distillate fuel.

  • Stan Ellis

    Legislator

    But we can't guarantee that, can we? So let me ask you my, my next, my next question. Since we don't have the electrical infrastructure to support electrification, then what would you consider? The answer is then to go to zero emissions in the particular timeline.

  • Wayne Nastri

    Person

    That's a great question and that's why what we're asking of the ports is to put together a plan to identify what are those infrastructure needs, what are the power needs? What is that power going to look like? Because it doesn't necessarily have to just be electrical. It could be hydrogen.

  • Wayne Nastri

    Person

    You could look at a fuel cell application, you could look at the use of methanol as one of the particular fuels. There's a number of different energy sources.

  • Wayne Nastri

    Person

    We just want to make sure that we've identified all the appropriate and applicable energy sources, how you're going to plan for them, how you're going to finance them, and then ultimately how do you actually implement that?

  • Stan Ellis

    Legislator

    So I guess this. Senator, I want to thank you for bringing this forward because I commend you. I like the differentiation and I'm going to support this. Thank you.

  • Laura Richardson

    Legislator

    Thank you, sir.

  • Isaac Bryan

    Legislator

    Any other question from colleagues of the dais? Mr. Connolly.

  • Damon Connolly

    Legislator

    Thank you. Also appreciate the discussion today. So I'm kind of grappling in the sense that recognizing the immense importance economically of the ports, the workforce, on the other hand, I think several questions have been raised that warrant further discussion. I am concerned about the precedent.

  • Damon Connolly

    Legislator

    Could the spill have a rippling effect on other air quality districts around the state? Can you speak on how limiting one air district's ability to regulate could affect other air districts in the state?

  • Laura Richardson

    Legislator

    Do I get a turn? Thank you, Mr. Chair.

  • Damon Connolly

    Legislator

    Or whoever you'd like to answer.

  • Laura Richardson

    Legislator

    Permission to answer through the chair?

  • Unidentified Speaker

    Person

    Yeah.

  • Laura Richardson

    Legislator

    Thank you. Assembly Member Connolly. The original proposed rule of 2304 applied to the South Coast District. And so this bill specifically states it's dealing with the South Coast Air Quality Management District. Originally, we did include up north, and Oakland is a significantly smaller port than the ports of Long Beach and Los Angeles.

  • Laura Richardson

    Legislator

    And so they were asked to be removed out of it, and we did. And so it kept this bill very perfectly aligned that it would be South Coast Air Quality Management District only and not referring to the other districts. This bill is specifically in several points speaks to that.

  • Damon Connolly

    Legislator

    Yeah, I guess I appreciate that detail. I think there still is the concept out there, though, going forward. This does kind of open the door to the state coming in. And frankly, in this case, and this is kind of my second question, I've heard eight years, I've heard 10 years.

  • Damon Connolly

    Legislator

    But in either scenario, it's been a lengthy kind of community based process. Why are you seeking through SB 34 to bypass the collaborative process that's been going on for eight years? In effect, down the road, a similar thing could happen, whether it is Oakland.

  • Damon Connolly

    Legislator

    In the future, to be honest. So, that's concerning.

  • Laura Richardson

    Legislator

    Sure. If I might, through the Chair, you asked basically two questions. The first one I'd like to answer has to do with precedence.

  • Laura Richardson

    Legislator

    I would say to you that as when we adopted, when the state adopted term limits, that's when we began precedence of deferring our authority and our responsibility as legislators to really frankly do our job and to make sure that things that laws were consistent and appropriate for our communities.

  • Laura Richardson

    Legislator

    It was only then that various local air quality districts began to take more ownership, more involvement, as they were directed by the Legislature. So, first of all, that's when the first precedents began. Second of all, I could give you a list of 200 bills right now where we are, as the Legislature, are giving direction to a particular agency.

  • Laura Richardson

    Legislator

    We do that in our bills all day. This, this Bill is no different than that. This Bill, in fact, the difference, I would say is that it says the adoption, the amendment, or any other rule or regulation adopted. It's not saying that they can adopt any action that they choose to adopt.

  • Laura Richardson

    Legislator

    It just says within the guardrails of adopting, of doing their work, they need to consider a few things. One, number one, they need to make sure they're considering things that are within the control of that body.

  • Laura Richardson

    Legislator

    So, I would strongly disagree with the point of precedence because the precedence is they still have the authority in this Bill and also confirmed in your Committee amendments. Now, sir, if you had any questions or something you'd like us to further work on, the Bill is going next to Transportation, which would be next week.

  • Laura Richardson

    Legislator

    If the Committee or yourselves have anything you'd like us to work on, of course we'd be willing to consider to do that in Transportation and then also, when it goes to the Floor. We have to be very clear. We've worked on this for seven months.

  • Laura Richardson

    Legislator

    I haven't gotten a single thing from South Coast Air Quality Management District of changes of terms or amendments. It's been said by people, and I know some of you have heard it, oh, we've given them amendments. Show me an email where you gave me an amendment. We have—this is my time. This is my time.

  • Laura Richardson

    Legislator

    We have not—we received a phone call which we responded and discussed, but there has not been an ongoing point. Now, to answer your second question of why are we doing this now? I heard the gentleman there talk about seven years. He's been on the board for seven years. Not me. I've been here for seven months.

  • Laura Richardson

    Legislator

    I've served in the Assembly, I've served in Congress, and now I'm here, so why am I doing it is because I, like you, I'm tired of listening to it. I'm tired of nothing getting done.

  • Laura Richardson

    Legislator

    Really to me, the question that should be asked is why are the people who've been in the position for 7, 10, 5 years have not solved this? The Port of Long Beach made an offer and said, we're willing to do electrification and put 500 million into it. And you know what they were told? Pound sand, we think we can get more from an ISR rule.

  • Laura Richardson

    Legislator

    So, the reason why, as the Legislature, we're stepping in, is to codify and to say he said he wants to work together, let's work together.

  • Laura Richardson

    Legislator

    That's what this Bill says, is that stakeholders, workers, terminal operators, vessels, air quality district, would have the ability to come together and to determine the plan. And one of the key points of that plan, require the ports to prepare assessments of energy demand and supply, cost estimates, funding sources, workforce, and environmental impacts. It's in the Bill.

  • Laura Richardson

    Legislator

    No one's saying that they will not be at the table. They will definitely be at the table, but everyone needs to be at the table that has the ability to resolve the issues.

  • Damon Connolly

    Legislator

    Then, final question. And this related to another concern that was raised around potentially triggering federal Clean Air Act sanctions through this course of action. So, my question is, in effect, will this impact California's ability to meet clean air targets which may result in sanctions by the Federal Government? Can you speak to those concerns that were raised?

  • Laura Richardson

    Legislator

    Well, first of all, the Air Quality District has talked about this since 2017. You know what's kind of ironic? A couple weeks ago, the Administration already took away our—they suspended our low, low fuel standards. They already did it because the Administration said some of California standards are too far.

  • Laura Richardson

    Legislator

    It's not a discussion of them saying, oh, you're going too far, we need to pull you back. The Administration has already said, 2 weeks ago, your standards are too excessive and so, we're eliminating them. And they did that. And they did it because of a lack of planning and lack of getting it done.

  • Laura Richardson

    Legislator

    So, what SB 34 does is it says we're going to meet these goals. There's nothing in here that says we are not committed, all the stakeholders, to meet the goals. In fact, they say 2030 and 2035. So, we're full on board to do that.

  • Laura Richardson

    Legislator

    What the Federal Government has done has said groups like the Air Quality Management District have gone too far. That's what they've done. And they came out with that 2, 3, weeks ago.

  • Damon Connolly

    Legislator

    Yeah, no, I get that. This seems a little bit different, though, in that it would be basically an argument that we're not meeting federal standards. I can only imagine this Administration would certainly pounce on that opportunity to blacken our eye, if you will. So, that's a little bit different than I think the example you gave.

  • Laura Richardson

    Legislator

    Maybe let me clarify again. There's nothing in here that says that the ports are refusing to meet the goals and the standards, either on the federal or the state level. There's nothing in SB 34 that says there is not the desire to do so.

  • Laura Richardson

    Legislator

    In fact, since 2007, when I sat on the City Council, the ports have worked voluntarily, not by a stick. And he knows it. You saw him just, just nod his head. They have voluntarily worked since 2007 to address the targets and goals, both state, local, and federal.

  • Laura Richardson

    Legislator

    And there's nothing in this Bill that would suggest they would not work towards doing that. What it's saying is, is that the stakeholders know best how to meet those goals, and the number one goal that we have to achieve, frankly, is electrification. Now, the person here from the Air Quality District said Long Beach has done it.

  • Laura Richardson

    Legislator

    You know why Long beach has done it? It has one electrical source, Southern California Edison. The Port of Long beach has two. And the biggest lion's share is, frankly, LADWP. And for the reasons I already gave you, we're still waiting on something from DWP.

  • Laura Richardson

    Legislator

    Now, I'm prepared to work with the individuals here to build upon this infrastructure plan, this energy infrastructure plan, and to make sure any and every group that needs to do its part so we can meet our goals does so. And I'll absolutely do that.

  • Isaac Bryan

    Legislator

    Any other questions from colleagues? Mr. Muratsuchi, you already had a crack at this.

  • Al Muratsuchi

    Legislator

    I appreciate the Chair's indulgence. Senator, I do share the AQMD's concern about the language, "Impose a cap on cargo throughput at the ports, directly or indirectly." I can see how the ambiguity of the term "indirectly" can open the AQMD to litigation. Will you commit to addressing that in the Transportation Committee?

  • Laura Richardson

    Legislator

    Absolutely. And in fact, it's my understanding the Committee staff has already met with two of the groups and has stated that they were going to work on that particular portion and I remain available to do so. Absolutely.

  • Al Muratsuchi

    Legislator

    Thank you.

  • Isaac Bryan

    Legislator

    We do have that commitment. Any other questions from colleagues? Mr. Schultz.

  • Nick Schultz

    Legislator

    Thank you, Mr. Chair. Not a question, but I, I suppose this would be a good time for comment, correct, Mr. Chair?

  • Isaac Bryan

    Legislator

    Yes.

  • Nick Schultz

    Legislator

    Thank you. Senator, I want to thank you for your presentation. I want to thank all of the witnesses, both those in support and those in opposition.

  • Nick Schultz

    Legislator

    For the sake of time, I'll just say that I had many questions and comments to make. And I really want to echo the line of questioning from my colleague from West Hollywood, Assemblymember Zbur, who I think really captured most of what I was going to try to say.

  • Nick Schultz

    Legislator

    I just wanted to explain my vote before I cast it. I will be supporting the recommendation of the Chair. And for me, it's a matter of process. I don't think that this Bill is fully there yet. And I'll be very candid. When I saw the original iteration of the Bill, I had very deep concerns.

  • Nick Schultz

    Legislator

    Mr. Chair, I think you and the Committee staff did a phenomenal job of really winnowing this down to what is the crux of the issue, what was the author's stated intent, and how do we accomplish that?

  • Nick Schultz

    Legislator

    We all know that we need to decarbonize our economy, but we need to do it in a way where we bring our workforce along with us. And striking that right balance is what I think this Bill hopes to do. So I understand, as you mentioned, Senator, this is going to go to Transportation.

  • Nick Schultz

    Legislator

    I believe it might be marked fiscal, so it might be going to Approps. This Bill will probably change. I'm not saying how I'll vote on the floor today, but my vote is quite simple. Should we end the conversation today? I don't think so. I think this is too important an issue.

  • Nick Schultz

    Legislator

    We have to continue it, moving forward. So, I will be voting aye today. And I take you at your word. And I encourage you to work with the opposition. And if there is more common ground to be found, that's great. The last point I'll make is, sir, I understand your concern about precedence.

  • Nick Schultz

    Legislator

    I understand the Senator's response to that. My only encouragement of the two of you is that if we're not going to move past that point in this conversation, you're going to be right back here in Transportation and Appropriations. I would strongly encourage you to get together and talk, as my colleague mentioned, about a matter of policy.

  • Nick Schultz

    Legislator

    Because most of what this Bill does—I take you at your word, sir—it's what SCAQMD is already doing. So, I encourage all the parties to continue chatting. With that, Mr. Chair, I will be following your recommendation.

  • Isaac Bryan

    Legislator

    Thank you, sir. Any other questions from colleagues? Nobody asked Taylor a question the entire time you were sitting up here. So, if it's okay, I'd like to ask you a question. How important is it to maintain the voice of local communities in the Air District's rulemaking process?

  • Taylor Thomas

    Person

    You know, I, I 'm 35 years old. I started doing this work because I was born and raised in West Long beach. There's the 710 freeway to the west, several refineries to the east, the 405 and then the ports to the south. I didn't get involved in this work because I thought it was something wonderful and magical.

  • Taylor Thomas

    Person

    And I had dreams to be a psychiatrist. I wanted to help my community. But when I found out that I was being directly impacted by all of the sources around my community, I felt compelled to get involved. Compelled to get involved.

  • Taylor Thomas

    Person

    And then, I started to understand that there are several communities like mine across the country that we're also advocating for, in Savannah, in Newark, and New Jersey. And so, you know, it's been very difficult to engage in this because I've been up to Sacramento several times in the past 15 years.

  • Taylor Thomas

    Person

    Here in CARB, we engage in good faith. Every public process we engage in, we could turn up and turn all this stuff out. We could. Because people in my community are dying, and yet, we still show up. Some people drove seven hours to be here today.

  • Taylor Thomas

    Person

    So, it's really hard for me and for us to sit here and hear all of these lies, these mistruths, while we're fighting for the right to breathe clean air. Right? Folks live and work in our communities. We're workers, too. We don't support automation. We support people getting good jobs.

  • Taylor Thomas

    Person

    But this is deeply personal when you watch people die in your community every day, right? And we show up and we do the good faith work of being in the community meetings, we write letters, we do our research. Right? I don't have graduate degrees for this stuff, but I'll tell you, I'm a lawyer. I'm a scientist, right?

  • Taylor Thomas

    Person

    I'm a realtor. I'm a chemical engineer because I had to be. We have to learn how to engage in this process because it's not easy. And so, it is very important because these issues are decades, decades that we've been dealing with. And so, Wayne will tell you, I'm not his friend. I do not like Wayne.

  • Taylor Thomas

    Person

    I mean, yeah, I've cussed his staff out. I don't like that I have to sit up here and be aligned with an agency that has, in my opinion, failed us for decades. But this is where we're at. We are now in a place where we can get something. Our communities have compromised everything. Everything.

  • Taylor Thomas

    Person

    And we always walk away, left with nothing. So, yes, thank you for asking me that question. It's very critical because our voices are often silenced and siloed.

  • Isaac Bryan

    Legislator

    Thank you for coming up here and for everybody who made the trip. Senator, would you like to close?

  • Laura Richardson

    Legislator

    Well, yes, but I do need to respond to a couple of comments. Unfortunately, the witnesses were afforded, I think it was at least 30 minutes. So, there's a couple things I'd like to respond to. Number one, with all due respect, I came here to serve the community. That's why I ran for Senate.

  • Laura Richardson

    Legislator

    And I remain open to working with you and any organizations and agencies to do the best for our community. But what I didn't come here to do is to be referred to as lies and certainly to be compared to Trump. And I gotta tell you, in a Committee, I'm a little surprised to hear it.

  • Laura Richardson

    Legislator

    Let me briefly say that having served on Transportation in the US Congress, there are two forms that we can work with. There's intrastate and there's interstate. I N T E R. Interstate. Intrastate has to do with any of the activity within the state. Interstate does not work with vessels. We do not control vessels. Interstate does not.

  • Laura Richardson

    Legislator

    So, when we say it's not in our control, there's no excuse, there's no blaming, there's no lying. I'm telling you what interstate is. Interstate, South Coast Air Quality Management District does not have the ability, interstate, to shut down a highway and to say trucks, you can only run from 9 to 10 at night.

  • Laura Richardson

    Legislator

    Interstate and intra state are different forms and we have to operate within our lanes. So, nothing is intended to say we're not responsible, we don't want to be responsible, we're not going to work to do everything to be responsible. I was on the City Council when we set up the After Hours Program.

  • Laura Richardson

    Legislator

    So, instead of running from 8 to 5 o'clock when kids are in school and the trucks are going by, we were like, you know what, this doesn't make sense. Three shifts. We need to make sure that we're running in the evening time when the volumes were significantly high. So, we have the ability to work with trucks.

  • Laura Richardson

    Legislator

    But interstate shutting down a highway, interstate working with a vessel, those are federal requirements, those are not state requirements. So, when we say it's out of our control, we're not saying we don't want to work on it. We're saying we have limitations of what we can do. Now, electrification, I mentioned LADWP, Southern California Edison.

  • Laura Richardson

    Legislator

    I believe everyone here in this room knows that they have their hands full with what's going on with the fire and reimbursement.

  • Laura Richardson

    Legislator

    So, our best guess is going to be probably through LADWP, and I stand ready to make sure that we, in fact, do adopt a energy program that is going to help us to make sure we get to zero emissions. And then, it was asked about diversions. I'm sitting on a oil working group here in the Senate.

  • Laura Richardson

    Legislator

    75% of our crude oil is coming from imports. 75%. 25% of gasoline is coming through imports. You just heard the agency say, we don't track what's not coming in California. Which one of you here on the Natural Resources Committee thinks it's okay, oh, let's bypass California, but we're going to now dump on Arizona and Nevada and everyplace else?

  • Laura Richardson

    Legislator

    I didn't recall seeing that that was the work that you do. 75%. And oh, by the way, it's probably going to get worse. We're probably looking at doubling the fuel of gasoline to 50%.

  • Laura Richardson

    Legislator

    So, when we talk about diversion, diversion is important because it's not just enough to say, I don't want it in my backyard. It's enough to say, let's fix the problem. And how we're going to fix the problem is to be able to have those vessels plug in.

  • Laura Richardson

    Legislator

    Finally, I just want to speak to the amendments themselves and to the staff that work so incredibly hard. This Bill, SB 34, and Mr. Connolly asked this question, why did I author SB 34? Why are we here today? We're here today because we cannot wait another seven years or 10 years to fix this problem.

  • Laura Richardson

    Legislator

    We need, in seven years and 10 years, to have met those emission goals. And the best way we're going to do that is not with a stick, but with everyone, including community organizations, working together and saying, we are going to meet these goals. This is how we're going to meet these goals.

  • Laura Richardson

    Legislator

    And then we track them to them. My commitment as the author is to work with the agency and all agencies to work with amendments, should they come forward. And my commitment is to make sure, as a part of this Committee, that you see improvements over the next couple years as we achieve these goals.

  • Laura Richardson

    Legislator

    And with that, I respectfully ask for a motion and also for your aye vote. Thank you.

  • Isaac Bryan

    Legislator

    Do we have a motion? Motion by Mr. Ellis. Second by Mr. Muratsuchi. I—Senator, I know this is your first time to this Committee. For those who have been here all year, I hold a pretty tight grip on it. One of the things I don't do, though, is, is tell community how to address us.

  • Isaac Bryan

    Legislator

    Because like you, I think I was referred to as ICE at one point in the testimony, and I think that's largely because when you've been directly impacted by harms and you come to places like this, all you know is how to translate that harm from community into the way that you address the body.

  • Isaac Bryan

    Legislator

    And so, I let it roll off of me personally and try to listen to the substance. And I want to thank all of the community advocates who made their way up here, especially if you came all the way from Long Beach in San Pedro.

  • Isaac Bryan

    Legislator

    I want to thank the Senator for working with the Committee staff for the last several weeks and the ILWU.

  • Isaac Bryan

    Legislator

    I think, as my colleague from Santa Monica mentioned, this Bill has been trimmed down significantly to focus on the kind of two key areas of, honestly, distrust, and that is that the rulemaking process will result in automation and cargo limits. And as was mentioned by AQMD, they have no interest in setting cargo limits or electrifying.

  • Isaac Bryan

    Legislator

    That's all the Bill addresses, are not electrifying. We have a deep interest in electrification, automation. Those are the only two things left in this Bill. This Bill is necessary because the distrust is that high. And like my colleague from Burbank mentioned, I'd like not to see bills like this.

  • Isaac Bryan

    Legislator

    I think that local authorities that are closest—the people closest to the ground—are the closest to the solutions. And that includes the air management districts, air quality management districts, that have held many workshops and many community convenings.

  • Isaac Bryan

    Legislator

    However, we're at a situation now, as the Senator mentioned, where the distrust is built to the fact that it has reached the Legislature. And if the question is whether we can supersede that local authority or not, the answer is yes, and we will, if we have to.

  • Isaac Bryan

    Legislator

    But it's certainly not a practice that this Committee plans on normalizing. It's not something that I believe this Bill will set a precedent for because it does not strip the Air Quality Management District of any rulemaking authority that it hasn't already articulated in public, that it has no desire to make, around automation and around cargo throughput limits.

  • Isaac Bryan

    Legislator

    That is why this Bill has my support today. And I want to thank all of my colleagues and the Senator for a robust conversation. I think it's incredibly important and I think it's going to stick with a lot of us for a long time. With that, Madam Secretary, can we call the roll?

  • Committee Secretary

    Person

    [Roll Call]

  • Isaac Bryan

    Legislator

    We'll leave the roll open for absent Members.

  • Laura Richardson

    Legislator

    Thank you for all of your time. You're very kind.

  • Isaac Bryan

    Legislator

    Thank you. Senator Stern. Oh, nope, you're right. You're right. Senator McNerney.

  • Unidentified Speaker

    Person

    Sorry.

  • Isaac Bryan

    Legislator

    Chivalry exists.

  • Isaac Bryan

    Legislator

    Whenever you're ready, Senator.

  • Jerry McNerney

    Legislator

    Thank you. Chair Bryant, Members of the Committee, I appreciate you hearing this Bill this afternoon. We'll try to be less tedious maybe, than the prior Bill, I say with a subdued voice. I'm here to present SB 279. This Bill will increase flexibility for farmers and growers to compost agricultural waste and increase capacity for community composters.

  • Jerry McNerney

    Legislator

    This year, a ban on open burning of agricultural materials went into effect, placing a significant new burden on farmers and growers on how are they going to manage their agricultural waste. And as we all know, farmers are always on sort of the edge, so they need a little bit of break here.

  • Jerry McNerney

    Legislator

    Compounding that problem, California doesn't currently have enough commercial composting facilities to meet the current waste demand.

  • Jerry McNerney

    Legislator

    SB 279 allows farmers and growers to compost their own waste from large biomass events at most once every 10 years in a big event like removal of a vineyard or an orchard, and to accept off site agricultural materials like manure to catalyze the composting process.

  • Jerry McNerney

    Legislator

    SB 279 also increases capacity for small community composters by allowing them to compost up to 500 cubic yards of green waste and food scraps. And SB 279 increases the amount a small composting operation is allowed to sell or give away to up to 5,000 cubic yards annually.

  • Jerry McNerney

    Legislator

    The Bill is co sponsored by the Californians Against Waste, the Western Tree Nut Association, California Wine Grape Growers, California Alliance for Community Composting, the Climate Center and People for Food and Land Foundation. With us today to testify in support is Louis Brown of the Western Tree Nut Association and Courtney Brown of California Alliance Community Composting.

  • Jerry McNerney

    Legislator

    With that, I'll turn over the witnesses to the supporting witnesses.

  • Isaac Bryan

    Legislator

    Two minutes each. Whatever order you want.

  • Louie Brown

    Person

    Mr. Chair, Members of the Committee, Louis Brown here today on behalf of the Western Tree Nut Association, American Pistachio Growers and the California Fresh Fruit Association in support of the Bill. Believe me, we don't come here seeking to be composters. Our Members want to be farmers.

  • Louie Brown

    Person

    Unfortunately, any number of circumstances throughout the state have made that more difficult. From the Sustainable Groundwater Management act, to markets, to international issues, we have seen a downturn in the industry. And with that comes orchards and Vineyards that are in need of doing something with that waste. There has been money for this over the last few years.

  • Louie Brown

    Person

    There was money given to the San Joaquin Air District and others to deal with the alternative to ag burn. That money is now gone and so it is too expensive for farmers just to chip. And frankly, if we do nothing with that waste, it becomes a nuisance, it harbors pests and it creates other issues in the valley.

  • Louie Brown

    Person

    So this seems to be a common sense approach.

  • Louie Brown

    Person

    Give us, our growers, one alternative, that opportunity once every 10 years when you have that orchard removal or that vineyard removal process, to do something with that waste and that could possibly make up for the loss of those crops and in the interim, allow for those growers to at least survive for the next opportunity to find a crop that could take that place of that property.

  • Louie Brown

    Person

    And so with that, we ask for an aye vote and I'll be available for any questions you might have.

  • Courtney Brown

    Person

    Good afternoon Chair and Members. I am Courtney Brown with the California Alliance for Community Composting. From 2021 to 2025, our organization launched and expanded 175 compost hubs in the State of California. We recovered over 6,200 tons of food and green material that is not being currently diverted by city sponsored programs.

  • Courtney Brown

    Person

    These hubs created 42 full-time equivalent jobs and they produce high quality compost that's used to improve local soil and grow food for disadvantaged and low income communities. SB 279 supports local investments in this type of work and it's proven to be effective at both urban and rural communities.

  • Courtney Brown

    Person

    Right now, California is sending a significant portion of organic waste produced annually to landfills precisely because there's not enough capacity and because many existing facilities are too far away from their sources for composting to be a cost effective solution. So some opponents have suggested that SB 279 would allow unregulated food waste composting operations.

  • Courtney Brown

    Person

    And this is simply not true. Under existing regulations, composting sites with less than 100 cubic yards are already allowed to accept food waste. And these activities are explicitly exempt from CalRecycle permitting precisely because they're small sites and they're low risk, they're low nuisance. And we have demonstrated on our own accord their effective oversight of our own operations.

  • Courtney Brown

    Person

    With SB 279, both state and local agencies are going to retain their authority to inspect and verify that these composting sites are meeting the regulatory requirements and they can do that at any time. Increasing the volume threshold just by a little amount for community composters doesn't undermine the investments that large commercial composting facilities have already made.

  • Courtney Brown

    Person

    In fact, it complements it because we fill in critical gaps in capacity that commercial sites are not meeting right now. According to CalRecycle, we need 50 to 100 new facilities that can process over 50 tons per day in order to meet our SB 1383 diversion targets. And we're far from achieving that goal.

  • Courtney Brown

    Person

    So now is not the time for protectionism over a limited compost supply. SB 279 expands the total amount of compost that can be produced and used for agricultural and environmental benefits by creating more opportunities to make healthy soil and reducing the organics that we send to landfill. So the bottom line, we need more composting in California.

  • Courtney Brown

    Person

    That means expanding capacity, diversifying the options that local jurisdictions can choose and making room for sustainable food solutions at all scales. So for these reasons I respectfully urge your aye vote. Thank you.

  • Isaac Bryan

    Legislator

    Any persons in the hearing room in support of this measure?

  • Isaac Bryan

    Legislator

    Is composting in the house?

  • Erica Parker

    Person

    Hello Chair and Members. My name is Erica Parker from Californians Against Waste. We're a proud co-sponsor. I also have authorized to support for Zero Waste Sonoma, Pacific Beach Coalition, Biochosen, Blue Ocean Warriors, San Francisco Baykeeper and California Climate and Agricultural Network.

  • Taylor Nichols

    Person

    Taylor Nichols representing the Climate Health Now Action Fund speaking on behalf of 900 healthcare members in support of this Bill.

  • Despina Emerson

    Person

    Despina Costopoulos Emerson on behalf in support of this Bill on behalf of Find out Farms in my neighborhood. I'm here as a citizen and support this. Thank you.

  • Esther Portillo

    Person

    Hello. Esther Portillo with NRDC in support.

  • Melissa Kosachuk

    Person

    Good afternoon Chair and Members. Melissa Kosachuk with Western Growers in support. Thank you.

  • Jakob Evans

    Person

    Jacob Evans with Sierra California in support. Thank you.

  • Michael Miller

    Person

    Michael Miller with the California Association of Wine Grape Growers. Also here for People Food and Land Foundation. Both of our groups are co-sponsors of the Bill we obviously support. Thank the author for your leadership and your staff as well and for the Committee thorough analysis. Thank you very much.

  • Mark Fenstermaker

    Person

    Mark Fenstermaker for the California Association of Resource Conservation Districts in support.

  • Karen Jacques

    Person

    On behalf of Climate Action California and 350 Sacramento Legislation Committee. Karen Jacques in support.

  • Peter Ansel

    Person

    Good afternoon Chair and Members. Peter Ansel, California Farm Bureau in support.

  • Allison Hilliard

    Person

    Hi Chair and Members. My name is Allison Hilliard with the Climate Center. Proud co sponsors of SB 279. Also here on support with LA Waterkeeper, California Nurses for Environmental Health and Justice, and Carbon Cycle Institute. Thank you so much.

  • George Cavinta

    Person

    George Cavinta on behalf of the Almond Alliance in support.

  • Keisha Earnst

    Person

    Keisha Ernst with Soil Matters in support.

  • Casey Ernst

    Person

    Casey Ernst with Catalyst Bio Amendments, Nevada County's only permitted composting facility. In support.

  • Noelle Cremers

    Person

    Good afternoon. Noelle Cremers with Wine Institute in support.

  • John Heywood

    Person

    John Heywood with co sponsor People Food and Land Foundation.

  • Jennifer Feering

    Person

    Jennifer Feering for Community Alliance with Family Farmers in support.

  • Isaac Bryan

    Legislator

    Thank you so much. Any persons here in opposition? Any witnesses here in opposition? Welcome.

  • Neil Edgar

    Person

    That's me. Nice to see so many environmental groups in favor of composting, but maybe not in favor of deregulating it. So I'm Neil Edgar on behalf of the California Compost Coalition. For those that weren't here earlier, I'm representing the commercial composting handling food and green materials from growing collection programs in jurisdictions across the state.

  • Neil Edgar

    Person

    Few people have spent more time advocating for the expansion of composting and sensible regulations over the last 23 years than I have, both here in California and across the US in my work with the US Composting Council. I'm put in a very awkward position of having to oppose the Bill as the sponsors have not been able to address our key concerns with it.

  • Neil Edgar

    Person

    While we appreciate some of the amendments, they were not adequate to addressing our two remaining key issues. We desperately need to expand composting capacity across the state to meet the challenges of SB 1383, but this is not a reasonable way to go about it. The Bill still does two key things we find problematic.

  • Neil Edgar

    Person

    First, it provides an exemption for agricultural operations for a large biomass event, as was described. It generally would be an orchard or vineyard removal. But allowing those events to define an ability to become a deregulated commercial composting operation is significant to many of my members who've invested heavily in environmental protection measures across California.

  • Neil Edgar

    Person

    I'll describe this permitting inequity as follows. Across the state, dozens of facility operators and ratepayers who use their services have made massive investments into regulatory compliance and mitigation measures. So in Yolo County, Northern Composting has spent $70 million to build a facility that services the Sacramento and Yolo County region.

  • Neil Edgar

    Person

    In Kern County, Mr. Ellis's district, the County of Kern has spent $30 million to open a new facility next week or the week after that is going to be counting on those agricultural markets and probably are going to have some problems with competitors who may or may not be regulated to the same extent they are.

  • Neil Edgar

    Person

    In Merced County, a new permit was issued on July 2nd for a facility to open there. In Tulare County, CEQA process is complete permitting underway. This is just to name a few.

  • Neil Edgar

    Person

    While it's not certain how many farmers will take advantage of this carve out, this deregulation may strand historic investments and threaten the viability of the operations I mentioned given their reliance on agricultural markets.

  • Neil Edgar

    Person

    And about three quarters of the compost we're selling in California from commercial facilities goes to agriculture. This Bill will allow each of the thousands of agricultural sites to sell up to 5,000 cubic yards annually, five times what is allowed under current regulations, and threaten the ability of these operations to be viable given their reliance on those markets.

  • Neil Edgar

    Person

    What we have asked the sponsors to do is limit the amount of materials sold from the 5,000 cubic yards annually, which is five times the current limit to a more reasonable approach on balance of limiting it to 2,000 cubic yards, double what's currently allowed. This Bill also allows significant volumes of food waste at unregulated small sites.

  • Neil Edgar

    Person

    Also a five fold increase in the allowed exemption from any regulation, creating potential environmental impacts that are bad for the industry.

  • Isaac Bryan

    Legislator

    We're at a solid 3:30 which is generous.

  • Neil Edgar

    Person

    Be really quick. Food materials represent a significant risk to the environment and public health. And the primary reason we collect solid waste to minimize vectors which carry disease. We're asking for a limit on the amount of food waste. The sponsors have said we don't want 500 cubic yards, which weighs about 200 tons of food waste.

  • Neil Edgar

    Person

    That's not what we want at these sites. We just want to have 500 cubic yards of total material. So we're asking for a limit on 20% of that total. Be food waste only.

  • Isaac Bryan

    Legislator

    I'm gonna have to stop you right there.

  • Neil Edgar

    Person

    Thank you.

  • Isaac Bryan

    Legislator

    Any persons in the hearing room in opposition? Seeing none, will now turn it to Committee Members. Questions? Comments? Concerns? Is that a question, Mr. Ellis? Comment, concern?

  • Stan Ellis

    Legislator

    Comment. I have a farm, and it's really tough. You know, you prune. There are certain times of the year, you know, you have piles of green waste, and it's tough to get around. You have to get an air permit if you can get one. I bunched up tumbleweeds one year, and I couldn't get a burn permit.

  • Stan Ellis

    Legislator

    So I did something really uneconomical. I bought a baler and a grinder and a reactor, and I made organic acids and organic pesticide out of tumbleweeds. But it was cost prohibitive. So there are uses for this material. And I encourage recycle and reuse for grape pumice, for example. The grape industry has a huge problem with pumice.

  • Stan Ellis

    Legislator

    I'm involved with actually making some products from the pumice, but the usable portion of a lot of those products is not marketable yet. So I encourage. Thank you, Senator. I'm in support of this because we do need. We do need more composting ability, and it's nothing but good for the soil. So I appreciate everybody's comments. Thank you.

  • Isaac Bryan

    Legislator

    You know, Mr. Ellis, I learn something new about you. Every Committee here. I'm waiting for you to tell everybody about the band, but we'll talk about that later. Mr. McNerney, would you like to close?

  • Jerry McNerney

    Legislator

    I thank the Chair. This is really, as Mr. Brown mentioned. This is common sense. Small agricultural and composting operations allow ag folks to use that resource to enrich their soils and spare the additional cost of shipping it or handling it in other ways. So I think it.

  • Jerry McNerney

    Legislator

    I think it's common sense, and I ask for an aye vote respectfully. Thank you.

  • Isaac Bryan

    Legislator

    Do we have a motion? Motion, Mr. Ellis. A second? Second, Ms. Pellerin. There was a third by Mr. Connelly, I believe. Madam Secretary, can we call the roll?

  • Committee Secretary

    Person

    The motion is due pass to Appropriations. [Roll Call]

  • Isaac Bryan

    Legislator

    The Bill is out, sir. Thank you. Mr. Stern. Whenever you're ready, sir.

  • Henry Stern

    Legislator

    Okay. Members, I'm presenting SB 613. There's no opposition to this Bill.

  • Henry Stern

    Legislator

    We're looking at upstream methane emissions and trying to make sure that both the gas and the oil we import, to your point, Assembly Member, about all the oil and gas imports we make to this state and the lack of knowledge we have about upstream greenhouse gas emissions. We import about 90% of our gas and about 50% of our oil comes from Iraq, Saudi Arabia, Ecuador, places like that.

  • Henry Stern

    Legislator

    So, this Bill is really an attempt to get better data upstream, whether it's from other states or other countries. As I said, Bill has no opposition at this point, and we know that methane is a major short term, short term climate pollutant. So, I would respectfully ask for your aye vote.

  • Isaac Bryan

    Legislator

    Any support here in the hearing room?

  • Faith Conley

    Person

    Thank you, Mr. Chair and Members. Faith Conley with Wideman Group, on behalf of Pure West Energy, really appreciate the author's work on this, in strong support.

  • Isaac Bryan

    Legislator

    Thank you so much. Come on down, Ms. Karen.

  • Unidentified Speaker

    Person

    Well, here I am again. And Climate Action California in strong support.

  • Isaac Bryan

    Legislator

    Thank you so much. Now, the Senator said there was no opposition to this Bill. Anybody care to call his bluff? Seeing none. We will now turn it to Committee Members, questions, comments, concerns? Oh, Vice Chair Alanis.

  • Juan Alanis

    Legislator

    I am gonna ask real quick. I, I do show the Western States Petroleum Association on here.

  • Henry Stern

    Legislator

    Oh, you do? Okay.

  • Henry Stern

    Legislator

    I thought they dropped their opposition actually.

  • Juan Alanis

    Legislator

    And they could have. It's—okay. They did, okay. Sorry, didn't want to misstate. Not calling his bluff.

  • Isaac Bryan

    Legislator

    No, I mean, they certainly didn't show up, so.

  • Juan Alanis

    Legislator

    Got it.

  • Isaac Bryan

    Legislator

    Yeah. Any other questions, comments, concerns from Committee Members? Mr. Ellis, I was waiting for it.

  • Stan Ellis

    Legislator

    I, I just have a quick question. The—when you're talking about methane emissions and you're talking about natural gas imports, natural gas is like 90% methane and 2% ethane and a couple percent butane. How, how would you propose—I guess, what's the mechanism for reducing the amount of methane in natural gas when it's mostly methane?

  • Henry Stern

    Legislator

    So, when you're producing the gas, drilling for it, fracking for it, whatever they do in Permian Basin and all through the Marcellus Shale, they—there's all different methods they use to produce that gas, also transport that gas. So, whether it's leaks in pipelines that we're worried about for shoddy equipment or actually on site. There's some practices called flaring.

  • Henry Stern

    Legislator

    So, if you're actually getting too much gas out of a petroleum field, you end up flaring some of it off that you don't need. Those are harmful. And we think the best producers out there are doing this the right way, without flaring and with really tight monitoring protocols.

  • Henry Stern

    Legislator

    They use satellite technology to keep an eye on their production operations. So, it's not so much the ending the import itself, it's making sure that the places that we're bringing it in from are adopting the best practices possible.

  • Henry Stern

    Legislator

    So, there's a global methane partnership where oil and gas companies all over the world are sort of committing to some of these sort of best practices. So, we just want to see that reflected in the, the gas we bring in here.

  • Stan Ellis

    Legislator

    Okay. I've been in the oil and gas sector for 40 years, so I understand it really well. I was just curious as to how you might reduce that methane. Thank you.

  • Henry Stern

    Legislator

    Yeah.

  • Isaac Bryan

    Legislator

    Seeing no other questions, comments? Do we have a motion? Pellerin and Mr. Zbur. Madam Secretary, can we call the roll?

  • Committee Secretary

    Person

    [Roll Call]

  • Isaac Bryan

    Legislator

    Thank you, Senator. We'll leave the roll open for absent Members. Senator Cabaldon, Senator Caballero, Senator Pro Tem Elect Limon. If you can hear me, we are waiting for you.

  • Unidentified Speaker

    Person

    I'm happy to present their Bill.

  • Isaac Bryan

    Legislator

    That's what I'm talking about. Senator, it's good to see you. SB 674, whenever you're ready.

  • Christopher Cabaldon

    Legislator

    ...In the same place, at the same time. Thank you, Mr. Chair. I am here to present SB 674. Why, thank you. SB 674 is a Bill to promote recycling of tetra packs. If I could have a prop that's already here in front of me. This is an example of what those look like.

  • Christopher Cabaldon

    Legislator

    If you ever had fine California wines from the Central Valley lately, they're one example of the kinds of beverages that are contained in this packaging. And SB 674 merely revises the CRV on containers like this so that they're more competitive with other similarly situated containers in the market.

  • Christopher Cabaldon

    Legislator

    There were concerns about this from the Governor before, about the recycling stream. I'm pleased to note that there is presently under construction a recycling facility in Lodi, in order to convert these products later in the waste stream into building materials without the use of any water or other or other products.

  • Christopher Cabaldon

    Legislator

    It's an environmentally sustainable technology and the Bill simply provides for equity in the market with respect to the CRB. And I would ask for an aye vote and with me is Kurt Kimmelshue.

  • Kurt Kimmelshue

    Person

    Thank you, Senator. Thank you Mr. Chair and Members of the Committee, Kurt Kimmelshue, here today on behalf of Beatbox Beverages, in support of the Bill. As the Senator mentioned, we manufacture a product in a similarly situated container under 24 ounces.

  • Kurt Kimmelshue

    Person

    And so, that's exactly what the Bill seeks to do, is really provide parity for these products, similar to all the products that are already in the CRV where we already have under existing law, kind of a threshold, if you will, at 24 ounces and under a single serve product, at a lesser CRV, above 24 ounces, a higher CRV. The Bill seeks to take that number from 25 cents to 10 cents.

  • Kurt Kimmelshue

    Person

    When we passed SB 1013 a few years ago and brought wine and spirits into the Bottle Bill, we had a lot of conversations around packaging what CRV was appropriate. This is one that I think we really needed to do a little more work on to really try to land that plane. That's why we're here.

  • Kurt Kimmelshue

    Person

    It's still above the 5 cents that your traditional 12 ounce can of soda would be. It's double that. But we do think it's in line with what a product like this costs from a price perspective and what percentage that CRV is of the total cost to the consumer.

  • Kurt Kimmelshue

    Person

    The one other thing I would add before asking you for your support is I think the analysis correctly calls out that right now under the bottle Bill and moving forward, the goal is always for the consumer to be able to get the full amount that they paid for CRV back in the redemption value.

  • Kurt Kimmelshue

    Person

    That is some of the technical amendments that the Senator noted that we are working with the Administration and CalRecycle on to make sure that when the Bill is implemented, should it be passed and signed into law, if you, as the consumer, purchased one of these products on let's say December 15th and you paid 25 cents and then you redeemed it on July—January—2nd, two weeks later, to make sure that there's still a way for you to recoup that full CRV.

  • Kurt Kimmelshue

    Person

    So, we are working on that to make sure that that can be administered. We don't see it as a major hurdle in the legislation, mainly because of the sell through—how quickly these products move off the shelves. So, for that, we'd ask for your support and happy to answer any questions.

  • Isaac Bryan

    Legislator

    Thank you, sir. Any other witnesses or persons in the hearing room in support?

  • Faith Conley

    Person

    Thank you, Mr. Chair and Members, Faith Conley with Weidman Group, on behalf of Tetrapak in strong support. We are a proud packager of Beatbox.

  • Noel Kramers

    Person

    Good afternoon. Noelle Kramers, with Wine Institute, in support.

  • Kevin Luckey

    Person

    Good afternoon. Kevin Luckey, with the California Family Beer Distributors, here in support.

  • Isaac Bryan

    Legislator

    Thank you, Kevin. Any witnesses here in opposition? Come on down.

  • Mike Robeson

    Person

    Good afternoon. Mike Robeson, here on behalf of the Glass Packaging Institute, and we are opposed. Just really quickly, you know, the purpose of the deposit, the purpose of the CRV, is to incentivize recycling. So, this container type, the aseptic containers, they've been in the market.

  • Mike Robeson

    Person

    They've been in the beverage market for well over 30 years, and they've never been part of a recycling program until just two years ago, and only for wine and spirits. There's no history of this product being recycled. It doesn't have a recycling rate.

  • Mike Robeson

    Person

    I mean, to the degree that they have six months of records of recycling since the program starts, since they've been in the program, it's at less than 1% or it's about 1%.

  • Mike Robeson

    Person

    So, for those reasons, for that historical reason, you know, the Legislature, when they added the added wine and spirits in this product, in this container, they put a CRV at 25 cents, rightly so. You guys made a good decision there to encourage the consumer to recycle the product.

  • Mike Robeson

    Person

    That's the whole point of the CRV is to drive the consumer to recycle it, not down cycle it, to recycle it. And, and so, you know, to reduce it to 10 cents before, before it's shown any evidence to be recycled, I think is premature.

  • Mike Robeson

    Person

    I'm not saying that 10 cents might be the right answer at some point but maybe wait till the product demonstrates its recycling rate or wait till the product itself gets a processing fee. There's no—the processing fee paid by the beverage manufacturer for that product now is based on a HDP—HDPE—a plastic, because, because there's no scrap value for the product right now.

  • Mike Robeson

    Person

    There's no measurable scrap value and CalRecycle has to take the time to determine that scrap value, then determine what the, what the actual cost of recycling it is, and then assess a processing fee on the, on the container manufacturer. And until that happens, maybe delay on this Bill.

  • Mike Robeson

    Person

    That's, that's, that's what we would suggest. And, and as far as the, you know, just want to make sure because there's some statements in the, in the analysis, and I just want to make sure I say it about, about affordability and just, just know that it's a deposit. It's not a fee, it's a deposit.

  • Mike Robeson

    Person

    So, there should be no affordability issues for anybody because as long as you recycle, which I recycle, I think everybody here recycles and gets their nickels and dimes back and then, then there's, there's no affordability issue. So, with that, I'd ask you to maybe defer on this or amend it or vote no. So, thank you.

  • Isaac Bryan

    Legislator

    Punch request heard. Are there any persons in the hearing room in opposition?

  • Gracia Cranks

    Person

    Gracia Castillo Cranks, here on behalf of Allen Company, also aligning my comments with the Glass Packaging Institute and apologies to the author for submitting a, an, opposed letter late.

  • Isaac Bryan

    Legislator

    Thank you so much. We'll now turn to Committee Members. Questions, comments, concerns? Motion by Mr. Zbur. A question by Ms. Pellerin.

  • Gail Pellerin

    Legislator

    So, just quickly. You, you talked about, is there any evidence that suggests the recycling rates for these boxes, bladders, and pouches have increased since the law passed in 2022?

  • Christopher Cabaldon

    Legislator

    The, the—yes, but we're expecting the largest spike now that we will finally have native recycling industrial scale, light industrial and Lodi. But industrial scale opportunities for that to occur in state. So, make it much more compatible and convenient for the, for the recycling, for recycling industry.

  • Christopher Cabaldon

    Legislator

    I would point out, it is an affordability issue because as with glass and many other products, most of our recycling, even when recycling is not at the by returning the items. So, it's not, it is, it is a cost that's being born by the by the consumer.

  • Christopher Cabaldon

    Legislator

    But up to this point, we have not had the native capacity in California to, at scale, to do the recycling itself, but now we will.

  • Gail Pellerin

    Legislator

    Okay, so that was my next question. Is that the one and only facility in the state, in Lodi, or are there other facilities?

  • Christopher Cabaldon

    Legislator

    That's the—it's the first one at a, at a substantial scale.

  • Gail Pellerin

    Legislator

    Oh, gotcha.

  • Christopher Cabaldon

    Legislator

    And it is recycling the product into building materials.

  • Gail Pellerin

    Legislator

    Okay, great. Thank you.

  • Isaac Bryan

    Legislator

    Any other questions, comments from Committee Members? Seeing none. We have a motion by Mr. Zbur. Second by Mr. Schultz. Madam Secretary, can we call the roll?

  • Committee Secretary

    Person

    [Roll Call]

  • Christopher Cabaldon

    Legislator

    Thank you.

  • Isaac Bryan

    Legislator

    Absolutely. Take care, Senter.

  • Christopher Cabaldon

    Legislator

    These are all wines, mostly from Mr. Flores's district.

  • Unidentified Speaker

    Person

    I think we should chill them first.

  • Isaac Bryan

    Legislator

    Thank you. We're waiting for our final two Senators, Senator Caballero and Senate Pro Tem Elect Limon. In the meantime, Madam Secretary, can we call the roll for absent Members who may be present now, namely Ash Kalra.

  • Isaac Bryan

    Legislator

    From the top.

  • Committee Secretary

    Person

    [Roll Call]

  • Committee Secretary

    Person

    [Roll Call]

  • Unidentified Speaker

    Person

    Madam Secretary, can we call the roll again for any absent Members.

  • Committee Secretary

    Person

    [Roll Call]

  • Gail Pellerin

    Legislator

    I was already on. Do I have folders?

  • Unidentified Speaker

    Person

    Yes.

  • Unidentified Speaker

    Person

    Oh, okay. Okay.

  • Unidentified Speaker

    Person

    There yet?

  • Unidentified Speaker

    Person

    Okay.

  • Isaac Bryan

    Legislator

    On behalf of Senator Limon, we have the incomparable Assemblymember Gail Pellerin, fresh out of Santa Cruz.

  • Gail Pellerin

    Legislator

    Yes. Yeah. Central Coast Caucus. We got it. Okay.

  • Isaac Bryan

    Legislator

    Would you like to start with SB 542 or SB 676?

  • Gail Pellerin

    Legislator

    I'm gonna start with SB 542, please.

  • Isaac Bryan

    Legislator

    Whenever you're ready.

  • Gail Pellerin

    Legislator

    This isn't—stay up. Okay. Okay. All right, well.

  • Gail Pellerin

    Legislator

    Okay. It just keeps falling. Okay. Good afternoon, chair and members. California has a terrible history of oil spills. On the Central Coast alone, the 1969 Santa Barbara Oil Spill devastated the coast and spilled an estimated four million U.S. gallons of crude oil into the Pacific Ocean. The 2015 Refugio Oil Spill, also in Santa Barbara, caused by a ruptured oil pipeline, spilled 142,800 U.S. gallons of crude oil along the coast and into the sea.

  • Gail Pellerin

    Legislator

    Even with technological advancement and expansion of spill response capacities, spills still cause millions of dollars in damage, severely impact the economies of local communities, and kill innumerable animal life as well. To reduce the risk of devastating future oil spills, SB 542 establishes requirements for the restart of oil pipelines in California.

  • Gail Pellerin

    Legislator

    The bill requires a public notice and comment process prior to the Office of Spill Prevention and Response, OSPR, issuing a certificate of financial responsibility for an oil pipeline, providing an opportunity for the public to weigh in on what a worst-case scenario spill could be.

  • Gail Pellerin

    Legislator

    The bill also requires OSPR to revise the formulas for calculating worst-case spills and the financial assurances necessary to respond to a spill to reflect the best available information.

  • Gail Pellerin

    Legislator

    This bill further requires, prior to the restart of an oil pipeline not in use for five or more years, a comprehensive hydro test to better identify corroded sections of pipeline, effectively reducing the risk of an oil spill. And I have today with me David Derrick with the Center for Biological Diversity to speak in support of the bill.

  • David Derrick

    Person

    Thank you. Good afternoon, committee. My name is David Derrick, attorney with the Center for Biological Diversity, speaking in strong support of SB 542. As you just heard, it takes three practical, urgently-needed steps to help prevent destructive oil spills in California, those being requiring hydrostatic testing of idle oil pipelines before they're restarted, creating a public comment process before issuing a certificate of financial responsibility, and updating the outdated formula used to estimate the cost of a worst-case oil spill.

  • David Derrick

    Person

    These are crucial because past spills have revealed significant serious shortfalls. The 2015 Santa Barbara Spill cost $870 million to clean up, but operators only had to show $30 million in financial coverage. The 2021 Huntington Beach Spill cost $210 million, but the obligation was just a showing of $7.3 million of coverage. Oil spills devastate marine life, shut down fisheries and beaches, damage coastal economies, and erode public trust.

  • David Derrick

    Person

    California's coast supports a one trillion dollar economy driven by tourism, fishing, recreation, and clean coastal resources. SB 542 protects those jobs and those resources from irresponsible operators who lack the financial means to respond when things go wrong.

  • David Derrick

    Person

    This bill ensures that if a spill does occur, the polluter pays, not the wildlife, not the small businesses along the coast, and not the taxpayer. We respectfully urge your aye vote on SB 542 to protect California's coast and economy. Thank you.

  • Isaac Bryan

    Legislator

    Thank you so much. Any persons in the hearing room in support of this measure?

  • Unidentified Speaker

    Person

    Good afternoon. I've been asked to note support from the Environmental Defense Center, Business Alliance for Protecting the Pacific Coast, Coastal Band of the Chumash Nation, Elected Officials to Protect America: Code Blue, Sacred Places Institute for Indigenous Peoples, Oil and Gas Action Network, and Patagonia. Thank you.

  • Grace Bachman

    Person

    Grace Bachman, expressing support on behalf of Surfrider, Society of Fearless Grandmothers Santa Barbara, CleanEarth4Kids, Climate First: Replacing Oil and Gas, Azul, Defenders of Wildlife, San Francisco Bay Physicians for Social Responsibility, Coastal Chumash Environmental Action Committee of West Marin, Center on Race, Poverty and The Environment.

  • Jakob Evans

    Person

    Good evening. Jacob Evans with Sierra Club California, in support. Thank you.

  • Isaac Bryan

    Legislator

    Thank you. Any persons in the hearing room in opposition to this measure? Seeing none, we'll now turn it to committee members. Questions, comments, concerns? We have a motion and a second. Seeing no--no, I'm just kidding. Mr. Ellis, go ahead.

  • Gail Pellerin

    Legislator

    He's trying to--

  • Isaac Bryan

    Legislator

    Go ahead.

  • Stan Ellis

    Legislator

    Are you aware of--well, being in the oil and gas sector, first of all, the word hybrid test means that they fill the line with water and they pressure it to like 30% over its capacity to make sure that there aren't any leaks and then they also check for metal thickness on a regular basis.

  • Stan Ellis

    Legislator

    So I oppose this bill because it puts ownership, responsibility, more cost on the operator simply because they hydro test the line all the time, so I don't understand why you, why you want to continue to hydro test. I can understand waiting five years, but they're going to hydro test anyway. So why are you making it a lot of hydro test when they already have the liability?

  • David Derrick

    Person

    There are certain circumstances that require hydro testing that, that the bill summary goes through, and they're every five or ten years or two years, depending on the circumstances, but they're not--when a pipeline has been idle for five years, this is a new circumstance that we think is deserving of that rigorous test before restarting this idled infrastructure.

  • Stan Ellis

    Legislator

    Yeah, I'm just saying they're going to--they're going to hydro test it and check metal things anyway before they start because of their own liability, so I--anyway, thank you.

  • Isaac Bryan

    Legislator

    Thank you, sir. Any other questions, comments, concerns by committee members? Mr. Schultz?

  • Nick Schultz

    Legislator

    Yeah, just very briefly, Mr. Chair, I just wanted to thank our colleagues stepping in the shoes for the author and thank the sponsors of the bill. I think this is common sense, it's a good measure, and I'd love to be added as a co-author if our Senate Pro Tem designate would have me. Thank you very much, Mr. Chair.

  • Isaac Bryan

    Legislator

    Absolutely, and I noticed a few folks didn't get their support in. Would you like to register your support now?

  • Melissa Romero

    Person

    Sorry for being late. Melissa Romero, California Environmental Voters, in strong support.

  • Isaac Bryan

    Legislator

    Absolutely. We have a motion and a second. Madam secretary, can we call the roll?

  • Committee Secretary

    Person

    You can. Sorry. The motion is do pass to Emergency Management Committee. [Roll Call].

  • Isaac Bryan

    Legislator

    Thank you, Ms. Pellerin. Can you do the final one for Ms. LimĂłn and then we'll have Senator Caballero close us out for the day?

  • Gail Pellerin

    Legislator

    Thank you.

  • Gail Pellerin

    Legislator

    So, the next Bill I have to present on behalf of Senator Limon is SB 676. So, thank you, Chair and colleagues. I'd like to start off by accepting the Committee amendments. SB 676 ensures that communities recovering from wildfire-declared emergencies can access the same rebuilding review procedures available to large scale infrastructure projects.

  • Gail Pellerin

    Legislator

    In 2024, our state had 242 wildfires burning over 100 acres. In 2025 alone, the number of wildfires has doubled, with 480 reported wildfires affecting over 57,000 acres. California is expected to have a 25% increase in wildfires due to climate change.

  • Gail Pellerin

    Legislator

    As wildfire risks continue to rise every year, it is imperative that we ensure affected communities can be restored from fire disasters. As amended, SB 676 aims to support community rebuilding by adding consistency to environmental review procedures for projects damaged by a fire in an area where the Governor declared a State of emergency after January 1st, 2023, that is still active and requiring any legal action or proceeding relevant to environmental review for a project to be resolved within 270 days.

  • Gail Pellerin

    Legislator

    I have with me to testify today in support of the Bill. Melissa Sparks, on behalf of the League of California Cities, and Elizabeth Espinosa, on behalf of Ventura County.

  • Isaac Bryan

    Legislator

    Thank you. Two minutes each. Whenever you're ready.

  • Melissa Kranz

    Person

    Thank you so much, Chair. Good afternoon. Melissa Sparks Kranz, with the League of California Cities, here to support SB 676.

  • Melissa Kranz

    Person

    We thank Senator Limon for authoring this Bill, and it would make several important changes for projects under the California Environmental Quality Act in fire damaged areas that are under an active state of an emergency, declared on or after January 1st, as you heard. You know, generally, we're supportive of this Bill.

  • Melissa Kranz

    Person

    It would intentionally help streamline the judicial review under CEQA and as we have witnessed, especially this year, catastrophic wildfire can impact communities with immeasurable damage. What we recently experienced with the Eaton and Palisades Fire are two of the top three most destructive wildfires in California's recorded history.

  • Melissa Kranz

    Person

    So, for communities like Altadena, Malibu, Pacific Palisades, they had more than 16,000 structures damaged in these historic events. So, for cities that are faced with these catastrophic events and needing to rebuild their communities, streamlined tools such as SB 676 bring greater certainty for those communities who have experienced such life changing loss.

  • Melissa Kranz

    Person

    We believe that the provisions in SB 676 will help ensure that in the future, any community recovering from wildfire declared emergencies can access those same procedures and judicial streamlining under CEQA that are currently available to larger infrastructure type projects. So, for these reasons, Cal Cities supports SB 676 and request your aye vote today. Thank you.

  • Isaac Bryan

    Legislator

    Thank you so much.

  • Jean Hersedy

    Person

    Thank you, Mr. Chair and Members. I'm Jean Hersedy and for my colleague, Elizabeth Espinosa, here today representing the Ventura County Board of Supervisors, also in support of Senate Bill 676. As you've heard, this important measure would provide judicial streamlining for projects located in areas that were damaged by fire for which the Governor has declared a state of emergency.

  • Jean Hersedy

    Person

    It provides a vital tool to ensure timely and equitable recovery in the wake of wildfires, which regrettably, the county is all too familiar with. These consistent secret procedures for rebuilding efforts in communities affected by declared emergencies as an approach that aligns with the tools already available for large scale infrastructure projects.

  • Jean Hersedy

    Person

    And recent wildfire events, not unlike the Los Angeles County events of earlier this year, including the Thomas Fire, the Woolsey Hill Fire, and the Mountain Fire in Ventura County, have demonstrated the importance of having these clearly defined recovery pathways in place.

  • Jean Hersedy

    Person

    Further, the Bill preserves local control by requiring that projects be consistent with applicable zoning and land use ordinance and that CEQA streamlining respects locally adopted general plans, community standards, and planning priorities. Earlier this year, the Ventura County Board directed staff to pursue support for legislation that would provide CEQA relief for rebuilding homes and businesses destroyed by wildfire.

  • Jean Hersedy

    Person

    SB 676 aligns directly with that board action and reflects the type of forward-looking flexible framework that the county supports. We respectfully request your aye vote today and we are also pleased to express the support of the Santa Barbara County Board of Supervisors as well.

  • Isaac Bryan

    Legislator

    Thank you so much. Any persons in the hearing room in opposition to this measure, or any persons in the hearing room in support of this measure? Come on down, sir.

  • Sean Bellack

    Person

    It's getting late. Good afternoon, Chair and Members. I'm Sean Bellack, Legislative Advocate for the California Association of Realtors, here in support.

  • Isaac Bryan

    Legislator

    Thank you, sir.

  • Isaac Bryan

    Legislator

    Any persons here in the hearing room in opposition to this measure? Two for two. Questions, comments, concerns from Committee Members? Seeing none. We've got a motion by Vice Chair Alanis and a second by Mr. Schultz. Ms. Pellerin, would you like to close on behalf of Senator Limon?

  • Gail Pellerin

    Legislator

    Yes. On behalf of Senator Limon, I respectfully ask for your aye vote.

  • Isaac Bryan

    Legislator

    Thank you so much. This enjoys a do pass recco from the Chair. Madam Secretary, can we call the roll?

  • Committee Secretary

    Person

    [Roll Call]

  • Isaac Bryan

    Legislator

    Thank you. That Bill is out. Committee Members, Members of the Natural Resources Committee, now would be a great time to make your way back to the Committee room. We're on our last, but certainly not least, Bill. And that would be Senator Caballero. Senator, welcome.

  • Anna Caballero

    Legislator

    Thank you very much.

  • Isaac Bryan

    Legislator

    And nice, nice shoes.

  • Anna Caballero

    Legislator

    Oh, thank you. I'm ready for whatever.

  • Anna Caballero

    Legislator

    Thank you, Mr. Chair and Members. I'm pleased to present SB 643, which directs the California Air Resources Board to administer a competitive grant program for carbon dioxial—carbon dioxide—removal projects. As you know, climate change poses a severe threat to Californians and has resulted in disruptions to the state's communities, environment, and economy.

  • Anna Caballero

    Legislator

    Carbon dioxide removal refers to removing carbon dioxide from the atmosphere and permanently storing it in a safe, secure location, such as underground geologic formations or in cement. This is not the same thing as carbon capture, which captures CO2 from the smokestacks of existing industrial facilities that burn fossil fuels.

  • Anna Caballero

    Legislator

    As you are aware, the state's goal is to achieve net zero greenhouse gas emissions no later than 2045. The California Air Resources Board's 2022 scoping plan states that there, "Is no path to carbon neutrality without carbon removal and sequestration."

  • Anna Caballero

    Legislator

    And establish state CDR targets of 7 million metric tons annually by 2030 and 75 million metric tons annually by 2045. Over the last several years, a small number of companies have voluntarily purchased CDR removals as part of their carbon neutrality goals.

  • Anna Caballero

    Legislator

    To date, with the exception of a pilot facility in Tracy, none of the CDR removals have occurred in California. And that pilot program, by the way, was piloted by young entrepreneurs in—from—California who have developed the technology, but in recognition of the fact that they needed, in order to monetize a facility, they needed it to be built quickly.

  • Anna Caballero

    Legislator

    They went to another state in order to do that project. So, the pilot facility works in Tracy, and I'd recommend that if you haven't had a chance to go by and check it out, to do so. It's incredible. So, there's that pilot facility in Tracy.

  • Anna Caballero

    Legislator

    But since then, the state has not developed pathways to achieve CARB's CDR target, and the clock is ticking. If the state is to meet our carbon neutrality goal, there needs to be a significant acceleration in CDR deployment, and that's where this Bill comes in.

  • Anna Caballero

    Legislator

    To meet the urgent demand to reach that neutrality by 2045, this Bill establishes the Carbon Dioxide Removal Purchase Pilot Program under CARB and directs CARB to provide up to 50 million in competitive grants. Eligible projects include four carbon removal pathways, direct air capture, biomass carbon removal, enhanced mineralization, and marine carbon dioxide removal and storage.

  • Anna Caballero

    Legislator

    When selecting CDR projects, CARB must prioritize the potential to accelerate CDR strategies, the distribution of the program funds across multiple geographies and project types, and the strength of community benefit plans that those are all required. Community benefit plans will help ensure that the benefit of the projects are returned to the surrounding communities.

  • Anna Caballero

    Legislator

    The Bill also requires projects to be physically located in California and sets out project safeguards, including that it be additional, durable, and verified. By accelerating CDR development and deployment, the Bill is an integral step to remove carbon dioxide from the atmosphere to meet the state's climate goals.

  • Anna Caballero

    Legislator

    So, with me today to testify in support of the Bill is Dr. Bob Epstein, with Project 2030, and Haley Leslie Bowl, from the World Resource Institute.

  • Isaac Bryan

    Legislator

    Two minutes each.

  • Bob Epstein

    Person

    Okay, thank you. Good afternoon or evening, I'm not sure. I'm Bob Epstein. I'm a California entrepreneur and Co-Founder of Project 2030. We are the sponsor of SB 643. After completing my PhD in Engineering at UC Berkeley, I co-founded four successful companies in California.

  • Bob Epstein

    Person

    And for the last 25 years, I focused my volunteer time helping advance the climate policies in the State of California, starting with the first Pavli Bill in 2002. Over the last five years, there's been a global voluntary, multi billion dollar CDR market, developed by just a handful of companies who are purchasing.

  • Bob Epstein

    Person

    It's a voluntary market right now that has no reason to prioritize California. Last week, I saw a very disturbing headline. It read, "Inside Canada's Quiet Takeover of the Carbon Capture Industry. While the US Climate tech scene stumbles through political gridlock, Canada is quietly pulling off a global power play in carbon removal and investors are taking notice."

  • Bob Epstein

    Person

    I beg to differ and I offer 643 as proof. For example, last year, Canada announced a $10 million CDR purchase program. Got about 40 responses.

  • Bob Epstein

    Person

    California's program, by contrast, will be 10 times that size, starting with $50 million investment by the state, with an additional required $50 million from private sector, resulting in $100 million CDR of projects that have to be built in California, in order to qualify.

  • Bob Epstein

    Person

    One other important budget note, in response to CARB's requests, the CDR program, in the current draft, has been simplified and we expect they would reduce their implementation costs when that's reported out. In summary, California, we can meet our carbon removal goals, attract a growing $3 billion CDR market already started, bring it to California.

  • Bob Epstein

    Person

    We can do all this and include critical guardrails needed to protect California's communities like Stockton, where I was born and raised. Many of the carbon removal startups companies started in California, they have their science teams, we have the national labs, universities, investors, NGOs. But most importantly, we have two things.

  • Bob Epstein

    Person

    We have the people, the strength, and we have the requirement to get this moving so we can meet the 75 million tons per year target by 2045. Thank you very much.

  • Isaac Bryan

    Legislator

    Thank you so much. Two minutes.

  • Haley Bowl

    Person

    Good afternoon. Can you hear me okay?

  • Isaac Bryan

    Legislator

    Yes.

  • Haley Bowl

    Person

    My name is Haley Leslie Bowl and I lead work on nature-based carbon removal and safeguards on biomass carbon removal at the World Resources Institute. California's Scoping Plan finds that a range of durable carbon removal will be needed to complement deep emissions reductions and meet the state's net zero goal.

  • Haley Bowl

    Person

    But to deliver the 75 million metric tons of removal the plan calls for, we need to start scaling high quality carbon removal now, and SB 643 jumpstarts that effort, positioning California to lead the nation and the world in supporting responsible carbon removal across a portfolio of approaches. Beyond climate benefits, this Bill offers economic and community opportunities.

  • Haley Bowl

    Person

    A report published this year by the Rhodium Group estimates that scaling these approaches to 100 million tons of removal per year could support up to 130,000 jobs annually. With this Bill, California can become a hub for climate innovation and climate-friendly jobs. It also gives CARB the tools to prioritize projects that deliver broader community benefits.

  • Haley Bowl

    Person

    Now, that said, CDR scaling must come with strong safeguards. This is especially true for biomass carbon removal, which was my area of expertise. To be clear, this is very different than the old dirty biomass energy that has created damage in communities and to the environment across the U.S. So, this Bill includes critical protections.

  • Haley Bowl

    Person

    It limits eligible feedstocks to waste and residues like almond hulls or material from wildfire treatments, which ensures that carbon removal does not compete with food production, drive land use change, or increase emissions. This focus on waste biomass means projects can also reduce wildfire risk and air pollution.

  • Haley Bowl

    Person

    I've worked with a number of rural communities across California, including tribal communities that are eager to see carbon removal projects put their biomass to good use instead of pile burning it or putting it into old polluting biomass energy facilities.

  • Haley Bowl

    Person

    Approaches like biomass or biomass to hydrogen can deliver durable climate removal benefits while supporting healthier, safer communities and potentially increasing crop yield and soil health and biochar, as applied to fields. This Bill would help high integrity carbon removal scale in California while benefiting both the climate and communities most affected by climate change.

  • Haley Bowl

    Person

    Thank you and I respectfully request your aye vote.

  • Isaac Bryan

    Legislator

    Thank you so much. Are there persons in the hearing room in support of this measure? Thank you all for being patient with us.

  • Matthew Klopfenstein

    Person

    Of course. Good afternoon, Chair and Members. Matt Klavenstein, on behalf of the Bioenergy Association of California, in support. Thank you.

  • Diane Doucet

    Person

    Good afternoon. Diane Doucet, speaking on behalf of Restore the Delta from Stockton, in support of the Bill.

  • Deepika Bhushan

    Person

    Hi, my name is Deepika Nagar Bhushan. I'm speaking on behalf of two indigenous groups, Partnerships for Tribal Carbon Solutions and the Indigenous GHG Removal Commission, in support.

  • Martin Radosevich

    Person

    Good afternoon. Martin Radosevich, on behalf of Heirloom Carbon, a California-based direct air capture company. Thank you, Senator, for the support, and speaking in strong support of the Bill.

  • Isaac Bryan

    Legislator

    Thank you.

  • Caul Tusee

    Person

    Caul Tusee, the Port of Los Angeles, in support. Thank you.

  • Martin Vindiola

    Person

    Good afternoon. Chair and Members. Martin Vindiola, on behalf of the California State Pipe Trades Council, in support. Thank you.

  • Isaac Bryan

    Legislator

    Thank you so much. Any persons here in opposition to this measure?

  • Christina Scaringe

    Person

    Sorry to break your record.

  • Isaac Bryan

    Legislator

    No, no, no.

  • Christina Scaringe

    Person

    Your last two.

  • Isaac Bryan

    Legislator

    You are always welcome. Two minutes.

  • Christina Scaringe

    Person

    Good afternoon, with thanks to the Chair and to the Committee. Christina Scaringe with the Center for Biological Diversity.

  • Christina Scaringe

    Person

    We and 11 other groups strongly oppose SB 643 which mandates harmful and unverified forms of engineered CDR, such as biomass energy with carbon capture and storage and marine geoengineering that have serious known and potential harms to people, the climate, and the environment.

  • Christina Scaringe

    Person

    The Bill commits $2.4 million annually plus another $50 million taxpayer dollars to require unverified expensive CDR tech. We're in a budget crisis now and into the out years. We should prioritize proven and viable emissions reductions.

  • Christina Scaringe

    Person

    R&D is one thing, but this Bill presumes benefit where harms are known and enshrines directives and funding in statute, without careful consideration to evaluate usefulness or potential harms. The state has not researched or defined what legitimate CDR is or mapped their risks and costs.

  • Christina Scaringe

    Person

    R&D is a necessary first step before mandates commit millions in taxpayer dollars. Biomass Energy with Carbon Capture and Storage, or BECCS, is not a legitimate form of CDR. Experts have established that BECCS adds climate pollution and air pollution to the atmosphere, harming the climate and communities, while incentivizing intensified logging of forest ecosystems.

  • Christina Scaringe

    Person

    Marine engineering involves large-scale manipulation of the ocean, including changing the ocean's chemistry, biology, and circulation. These methods are largely theoretical and lack evidence of effectiveness. Experts warn that marine geoengineering has a significant probability of causing far reaching harm to our coastal ocean ecosystems, wildlife, fisheries, and valuable coastal economy.

  • Christina Scaringe

    Person

    The Bill lacks guardrails to protect communities and the environment. Its gesture towards community benefits' mechanisms does not address community and environmental justice concerns.

  • Christina Scaringe

    Person

    To address the climate crisis, the state should instead accelerate direct emissions reductions and focus on enhancing nature-based CDR through the protection and non-extractive restoration of forests and carbon storing ecosystems, through the existing 1757 process. Thank you.

  • Isaac Bryan

    Legislator

    Are there any persons in this hearing room in opposition to this measure?

  • David Derrick

    Person

    Good evening. David Derrick, expressing the opposition of 350 Humboldt, Biofuel Watch, Center on Race Poverty and the Environment, Environmental Protection Information Center, Forest Forever, Green America, the John Muir Project, Mount Shasta Bioregional Ecology Center, Partnership for Policy Integrity, and Sonoma County Climate Activist Network.

  • Isaac Bryan

    Legislator

    Thank you. Thank you so much. We'll now turn to Committee Members. Any questions, comments, concerns? Mr. Ellis.

  • Stan Ellis

    Legislator

    Thank you, Senator, Mr. Chairman, for bringing this forward. Because I was in the Quantum business about 14 years ago and I owned a quantum networking company, and we would have never got our feet off the ground had it not been for support from the Federal Government and some states.

  • Stan Ellis

    Legislator

    Unfortunately, other states beat us to it and they're the leaders. We need to be the leader in CO2. And I love new technology; I'm all about it. So, I commend you both. Thank you very much.

  • Isaac Bryan

    Legislator

    Thank you. Mr. Muratsuchi.

  • Al Muratsuchi

    Legislator

    Thank you. I am all for incentivizing carbon dioxide removal projects in the State of California, until I heard that this included biomass. And you know, I know that, you know, you distinguished what you claim, that this is not your, you know, former versions of biomass energy generations.

  • Al Muratsuchi

    Legislator

    Senator Caballero, I heard you saying at the beginning that this is different from the carbon capture. I think you were referring to the mechanical carbon capture like proposed with refineries. But the biomass energy, how would that be different from the mechanical carbon capture?

  • Anna Caballero

    Legislator

    I'll let the expert talk about it because I've seen there have been new innovations in the process and my understanding is that the ignition is different and the way that the waste product is handled is different. And you don't—so maybe letting the more technical people explain would be.

  • Bob Epstein

    Person

    Sure, there's two issues. One is what's the source of biomass? So, this Bill is explicit. It needs to be residues. So, you know, that's your hulls from the almond industry or after the state has done a forced treatment, the leftover waste that's currently a pile. So, that's the first thing that's important.

  • Bob Epstein

    Person

    This is not growing stuff to use it, which we're opposed to as well. The second thing is there's no combustion involved. So, instead, the only things that work—if you're trying to maximize the CO2, you don't want any combustion.

  • Bob Epstein

    Person

    Instead, it's either pyrolysis or gasification, which means in a sealed container with no oxygen, the material is heated to 500 degrees or up to 1,000 degrees. That separates it out. And I'll let Haley take it from there.

  • Haley Bowl

    Person

    Yeah, and I just want to say my organization absolutely shares your concerns. We've been very vocally against bioenergy and first generation biofuels. And I think what's different about what we have here is exactly what Bob said. It's the feedstocks—only waste and residues.

  • Haley Bowl

    Person

    It's also—it's making energy from biomass and then putting a carbon capture addition on is very expensive and not something that's going to be happening with this Bill. What's much more likely to happen is to see hydrogen production, biochar production.

  • Haley Bowl

    Person

    There are a lot of forms of biomass carbon removal, even such as biomass burial that require no heat at all. That's simply putting biomass in a sealed and monitored pit or making biochar. There are a lot of different ways to do this that are very, very safe and quite proven.

  • Haley Bowl

    Person

    So, just want to acknowledge what we heard, and I think we share a lot of those concerns. My organization sees it differently.

  • Al Muratsuchi

    Legislator

    Okay.

  • Al Muratsuchi

    Legislator

    And then a question for the Center for Biological Diversity. You know, I was working with Altasea to promote, you know, projects like what we have at UCLA to try to invest in and incentivize the development of marine carbon capture—marine carbon dioxide removal project.

  • Al Muratsuchi

    Legislator

    And you know, I heard what your testimony, in terms of the, the concerns about impacts on the marine ecosystem. I guess I'm, you know, does the Center for Biological Diversity, you know, disagree with the IPCC saying that we do need to have carbon dioxide removal, especially in the harder bay sectors, in order to meet our climate goals?

  • Christina Scaringe

    Person

    May I respond to that as well, the prior question?

  • Al Muratsuchi

    Legislator

    Maybe if you can answer my question first, and then.

  • Christina Scaringe

    Person

    We don't—there are pathways without biomass, IPC pathways without biomass used. But you know, and there are methods of CDR. In fact, we have the 1757 process happening now. What we are asking for is that there be some R&D on these nascent technologies. Most of these technologies are new and they haven't shown their effectiveness.

  • Christina Scaringe

    Person

    And in the case of biomass, there is lots of data, for example, to show that gasification and pyrolysis are just as polluting. Biomass energy, by the way, is the most expensive energy in the state.

  • Christina Scaringe

    Person

    With regard to, you asked about the geoengineering, we are a big supporter of the natural system restoring the ocean ecosystems and that process is underway. We would say that in a time of budget crisis, we should be fully funding that before—unless you're talking about R&D, because these other three methods need research and development before we go further.

  • Christina Scaringe

    Person

    There is great concern because the geoengineering at the ocean would have to be done on such a large scale to make a difference, that there is great concern among the science community for the harm that it could do. And as we said with an earlier Bill, this is trillion dollar coastal economy.

  • Christina Scaringe

    Person

    Our coastal counties themselves would be the 12th largest economy in the world. So, we really have to look at the sort of damage that we would be doing.

  • Al Muratsuchi

    Legislator

    But am I misunderstanding the Bill? I thought the Bill is to invest in the research and development.

  • Christina Scaringe

    Person

    It's a, it's a mandate to fund a project—fund projects. We, we really scanned to see if there was any R&D because we're not opposed to doing R&D on these things.

  • Al Muratsuchi

    Legislator

    Sarah, would you.

  • Anna Caballero

    Legislator

    Well, I would disagree with that, that analysis of what we're, what we're doing. The CARB is, is to do the research necessary to determine which is the most effective, which is the most cost effective. In a whole number of, of areas, they would be determining which investments to make based on, on data that they would collect.

  • Anna Caballero

    Legislator

    They've been doing the studies on, on, on this. Their scoping plan was fairly significant. So, it's, it's not, they're not picking something off the shelf and just saying this sounds like a good idea.

  • Anna Caballero

    Legislator

    They're going to be doing the research and looking at the research to determine how to make the investments of the resources that they will have.

  • Al Muratsuchi

    Legislator

    All right, thank you.

  • Isaac Bryan

    Legislator

    Any other questions from Committee Members. Mr. Kalra.

  • Ash Kalra

    Legislator

    Thank you, Mr. Chair, and thank you to our colleague for asking some of the similar questions that I, that I had. I share some of the concerns for the opposition, but I also haven't had a chance to talk to you and dive a little bit more into this Bill.

  • Ash Kalra

    Legislator

    I am on UNE, so it'll give me an opportunity to do a little bit more diving into it, but I like the direction this conversation is going that there's a recognition that we do need R&D. There's no doubt that advanced kind of funding and kind of that incentivization is what leads to breakthroughs.

  • Ash Kalra

    Legislator

    And there's no doubt, I think that that there may be, once we can get some of those breakthroughs and that everyone, the environmental community and industry and we could come together and say this is a path that can actually make sense, requires some investment. That being said, I do also prefer nature-based solutions.

  • Ash Kalra

    Legislator

    I think ultimately that's where we really do need to put much of our investment.

  • Ash Kalra

    Legislator

    But understanding that there are certain industries are creating certain kind of end stream products that if there's an opportunity to do something that doesn't create those emissions and doesn't create other nefarious side effects, so to speak, that this R&D can hopefully help us get there.

  • Ash Kalra

    Legislator

    So, maybe some moving forward, some clarification of what grants are eligible and that it could be more about getting to a place with, you know, figuring out which—not picking winners or losers on projects of technologies that aren't proven but rather, quite the opposite of actually trying to do the research and allow companies that are these cutting edge companies to actually show their work and say okay, this is something that could work, you know, moving forward. But I'm going to vote for this today.

  • Ash Kalra

    Legislator

    I'm going to be seeing it again and look forward to continuing conversations with the union sponsors and the opposition.

  • Anna Caballero

    Legislator

    Thank you very much, I appreciate that. Can I just say that I agree with you 100%? I think nature-based solutions are the best, right?

  • Anna Caballero

    Legislator

    The challenge is if we can't get to the numbers with nature-based solutions, only, not in California. And we've been putting up resources and those resources have gone to fund good projects, but in other states.

  • Anna Caballero

    Legislator

    And so, the question is, can we do stuff in the state that gets us towards our goals in a way that we can, that's measurable, that is—that shows—some progress and that tells us the direction for the future as well. So, I appreciate your comments and thank you very much.

  • Isaac Bryan

    Legislator

    Any other questions, comments from colleagues? Seeing none. Senator, would you like to close?

  • Anna Caballero

    Legislator

    I'll, I'll adopt that as my close and respectfully ask for your aye vote today.

  • Isaac Bryan

    Legislator

    Absolutely. We have a motion and a second. We need to—we got two seconds. This Bill enjoys a do pass recommendation. But like to align my comments with our colleagues and appreciate this conversation. Madam Secretary, can you call the roll?

  • Committee Secretary

    Person

    [Roll Call]

  • Isaac Bryan

    Legislator

    That Bill is out.

  • Anna Caballero

    Legislator

    Thank you very much.

  • Anna Caballero

    Legislator

    Thank you very much.

  • Isaac Bryan

    Legislator

    Thank you, Senator. Madam secretary, can you go through the roll for absent members? This will be our last time.

  • Committee Secretary

    Person

    Lifting the call on the consent items. Item Five: Senate Bill 514, Item 11: Senate Bill 856. [Roll Call]. All members; is out. Senate Bill 14: Blakespear. Motion is do pass as amended to Governmental Organization Committee. Chair voting aye. [Roll Call].

  • Committee Secretary

    Person

    That bill has 11 votes. It's out. Senate Bill 34: Richardson. Motion is do pass as amended to Transportation Committee. Chair voting aye. [Roll Call]. Has ten votes. It is out. Senate Bill 279: McNerney. Motion is do pass to Appropriations. Chair voting aye. [Roll Call].

  • Committee Secretary

    Person

    Has 14 votes. Senate Bill 326: Becker. Motion is do pass as amended to Appropriations. Chair voting aye. [Roll Call]. That has 14 votes. Senate Bill 542: LimĂłn. Motion is do pass to Emergency Management Committee. Chair voting aye. [Roll Call]. Has eight votes. It's out. Senate Bill 613: Stern. Motion is do pass to Utilities and Energy. Chair voting aye. [Roll Call].

  • Committee Secretary

    Person

    That has 11 votes. Senate Bill 674: Cabaldon. Motion is do pass to Appropriations. Chair voting aye. [Roll Call]. Has 13 votes; it's out. Senate Bill 676: LimĂłn. Motion is do pass as amended to Judiciary Committee. Chair voting aye. [Roll Call].

  • Isaac Bryan

    Legislator

    Great job, Juan.

  • Committee Secretary

    Person

    That has 12 votes.

  • Isaac Bryan

    Legislator

    This concludes the Assembly Committee on Natural Resources.

  • Unidentified Speaker

    Person

    Good work, team.

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