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 |Add To My Favorites |Track Bill | Version: 02/21/25 - Introduced

 SB-732 Emergency backup generators: critical facilities: exemptions.(2025-2026)

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 Date Published: 02/21/2025 09:00 PM

SB732:v99#DOCUMENTBill Start

 CALIFORNIA LEGISLATURE—
 2025–2026 REGULAR SESSION

 Senate Bill

No. 732

Introduced by Senator Ochoa Bogh

February 21, 2025

 An act to add Article 9.5 (commencing with Section 42010) to Chapter 3 of Part 4 of Division 26 of the Health and Safety Code, relating to nonvehicular air pollution.

LEGISLATIVE COUNSEL'S DIGEST

SB 732, as introduced, Ochoa Bogh.
 Emergency backup generators: critical facilities: exemptions.

Existing law imposes various limitations on emissions of air contaminants for the control of air pollution from vehicular and nonvehicular sources. Existing law generally designates air pollution control and air quality management districts with the primary responsibility for the control of air pollution from all sources other than vehicular sources. Existing law requires the State Air Resources Board to identify toxic air contaminants that are emitted into the ambient air of the state and to establish airborne toxic control measures to reduce emissions of toxic air contaminants from nonvehicular sources.

This bill would require an air district without a specified rule on emergency backup generators, as defined, as of January 1, 2026, that adopts such a rule to include in the rule provisions that allow the operator of a critical facility, as
 defined, to use a permitted emergency backup generator in exceedance of the applicable runtime and testing and maintenance limits if specified conditions are met. The bill would require a critical facility allowed to exceed applicable limits under a rule adopted pursuant to that provision to attest to and provide evidence of having taken demonstrable steps toward implementing the use of backup power technologies that meet or exceed emission standards set by the state board. By adding to the duties of air districts, the bill would impose a state-mandated local program.

 The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.

This bill would provide that no reimbursement is required by this act for a specified reason.

Digest Key

 Vote:
 MAJORITY 
 Appropriation:
 NO 
 Fiscal Committee:
 YES 
 Local Program:
 YES 

Bill Text

The people of the State of California do enact as follows:

SECTION 1.

 The Legislature finds and declares all of the following:

(a) Catastrophic wildfires and other natural disasters are increasing in frequency and intensity due to climate change and other factors.

(b) Wildfires dramatically increase carbon emissions and work against the state’s goals to reduce greenhouse gas emissions and achieve a carbon-neutral future.

(c) Wildfires and other natural disasters also can cause significant impacts and a threat to the state’s water and wastewater facilities, which are critical to ensuring a safe and reliable water supply for people, businesses, agriculture, and the
 environment.

(d) To help mitigate the risks of wildfires, investor-owned utilities have initiated public safety power shutoffs to deenergize parts of their distribution systems, and, in some cases, portions of the transmission system, actions that reduce or eliminate access to a reliable power supply for the state’s water agencies as they count on a reliable source of electricity to move and deliver water.

(e) Actions need to be taken to reduce the impacts of deenergization wildfires and other events on critical facilities, including increasing access to alternative power sources that can help support a safe and reliable water supply and maintain the state’s ability to effectively respond to wildfires.

SEC. 2.

 Article 9.5 (commencing with Section 42010) is added to Chapter 3 of Part 4 of Division 26 of the Health and Safety Code, to read:

 Article
 9.5. Emergency Backup Generators

42010.

 For purposes of this article, the following definitions apply:

(a) “Critical facility” means a facility necessary in providing essential public services, including, but not limited to, facilities such as hospitals, police stations, fire stations, eme