In This Issue

In this issue, you’ll find articles about the release of a draft plan to improve air quality in the Richmond-North Richmond-San Pablo area, the federal government’s awarding of $15 million to the Air District to improve EV charging infrastructure in the Bay Area, and the commencement of work on a pollution reduction plan that will help improve air quality in Bayview Hunters Point/Southeast San Francisco. Other articles cover the Air District’s solicitation of applicants for two seats on its Community Advisory Council, the launch of an updated web portal for employers to register Commuter Benefits Program benefits, the Air District’s participation in a joint civil enforcement action against Martinez Refining Company, and a recent penalty assessed to Vulcan Materials Company. Current grant opportunities are also summarized.

On December 13, the Air District released the draft Path to Clean Air Community Emissions Reduction Plan for Richmond-North Richmond-San Pablo. 

The plan was created in partnership with a community-led steering committee that represents local community members, public agencies and other stakeholders. The plan identifies critical air quality and public health concerns and offers actionable solutions to address them.

The draft plan covers the cities of Richmond and San Pablo and several unincorporated areas in Contra Costa County that are impacted by emission sources such as fuel refining, ships, marine terminals, industrial manufacturing facilities, railways and vehicle and freight traffic. According to CalEnviroScreen 4.0, several communities in the Path to Clean Air area rank in the 90th percentile of pollution burden, among the highest in California. A 2018 Contra Costa Health Services study shows that asthma rates in the county are higher on average than in the rest of the state and are especially high for children and Black residents.

The draft plan was open to the public for review and comment through January 19. A virtual public workshop was held on January 11, giving members of the public the opportunity to ask questions and provide input. For more information, view the Richmond-North Richmond-San Pablo Community Emissions Reduction Plan web page.

The Path to Clean Air Plan was developed as a requirement of AB 617, a state law which recognizes that, while California has seen tremendous improvement in air quality, not all communities have benefited equally, and some communities located close to freeways, ports, industry or other large pollution sources need additional focus and resources to reduce exposure levels.

In January, the Air District was awarded $15 million in federal grant funding to spur the creation of a more robust, accessible and equitable electric vehicle charging network across the nine counties of the San Francisco Bay Area. 

Funding from the U.S. Department of Transportation Federal Highway Administration’s Charging and Fueling Infrastructure Discretionary Grant Program will add hundreds of EV charging ports to the region, with an emphasis on serving disadvantaged communities.

This grant funding arises from the federal Bipartisan Infrastructure Law, which was signed into law by President Biden in November 2021. Members of the Bay Area’s congressional delegation were instrumental in shaping the section of this bill pertaining to zero-emission infrastructure – in particular, former Air District Board Member and current Congressman Mark DeSaulnier, who serves on the Transportation & Infrastructure Committee, and Senator Alex Padilla, who serves on the Environment and Public Works Committee. Sen. Padilla and Rep. DeSaulnier led an effort to prioritize clean charging in impacted communities, and Rep. DeSaulnier drafted a key letter of support for the Air District’s grant application.

This federal award will be administered through the Air District’s Charge! Program, which incentivizes the purchase and installation of new charging stations at qualifying facilities. It will be used to support the buildout of the Bay Area’s public charging network, with investments targeted for priority communities and disadvantaged areas.

This program will help foster deployment of public electric vehicle charging infrastructure in publicly accessible locations throughout the region, such as local businesses, retail centers, municipal and local community sites, intermodal transportation facilities, parking facilities, workplaces, commercial districts, public parks, and other sites in Bay Area communities.

The grant funding will help improve local air quality, reduce greenhouse gas emissions, and aid the Air District in its efforts to establish a regional charging network that will support and encourage continued growth in electric vehicle adoption. The Air District will emphasize equity considerations in distributing the grants, to address existing disparities in the transportation system and to promote a convenient, reliable and affordable charging experience for all users.

In January, the Air District announced the development of a pollution reduction plan that will help improve local air quality and health in Bayview Hunters Point/Southeast San Francisco.

To combat the disproportionate pollution burdens that exist in these neighborhoods, the Air District, in partnership with the Marie Harrison Community Foundation and the Bayview Hunters Point Community Advocates, will develop a Community Emissions Reduction Plan, or CERP, that will serve as a blueprint for improving local air quality in this historically significant and culturally rich Bay Area community.

The final plan will establish public-health-focused solutions centered on community air quality priorities that will be implemented by the Air District, the California Air Resources Board, and the community. The goal is to identify and accelerate new actions selected by the community that go beyond existing state and regional programs to provide direct reductions in local air pollution emissions and exposures.

A community-based steering committee reflecting the diverse makeup of this community meets monthly to guide the plan development process. A kick-off meeting was held on Tuesday, January 16.

Bayview Hunters Point/Southeast San Francisco, located mainly in District 10, is the fourth AB 617 area in the Bay Area, joining West Oakland, Richmond-North Richmond-San Pablo, and East Oakland. It is one of the most racially and economically diverse communities in the region. The per capita income is roughly half of that in the larger San Francisco metropolitan area. It has one of the highest mortality rates and one of the lowest life expectancy rates in all of San Francisco.

Bayview Hunters Point/Southeast San Francisco is home to a significant concentration of hazardous waste and other industrial and commercial facilities. The largest mobile sources of pollution come from the I-280 and I-101 freeways.

AB 617 is a state law which recognizes that, while California has seen tremendous improvement in air quality, not all communities have benefited equally, and some communities located close to freeways, ports, industry or other cumulative pollution sources need additional focus and resources to reduce exposure levels.

In February, the Air District will begin soliciting applications for two seats on its Community Advisory Council, or CAC. There are two vacant seats, one for a member who resides or works in Alameda County and one for a representative of Bay Area youth.

In November 2021, the Board of Directors approved the formation of the Air District’s inaugural CAC, consisting of 17 community members from across the Bay Area. The Board created the CAC in response to community input and in furtherance of an equity-forward policy agenda. The CAC, which is a Brown Act advisory committee of the Board, chooses its own areas of focus, and provides input on key Air District policies and programs.

The Council Members not only reflect the diversity of the Bay Area and the lived experiences in communities heavily impacted by air pollution but are also individuals with diverse skill sets and a range of relevant knowledge and technical expertise.

The CAC Council Members are expected to:

• Review materials for the CAC meetings, which occur every other month on the third Thursday, as well as engage and participate during the meetings;
• Attend required trainings;
• Join at least one ad hoc committee every year, except CAC leadership; and
• CAC members shall perform all other duties as prescribed by the Charter.

Council Members are compensated $500 for attending the bi-monthly CAC meetings and $75 per hour for other meetings.

To apply, please complete the application, which can be found by visiting the CAC website. For questions, please contact the Air District at communityadvisorycouncil@baaqmd.gov. The deadline to apply is March 12, 2024.

The Air District and the Metropolitan Transportation Commission have launched an updated and improved portal for registering Commuter Benefits Program benefits that will help companies as employees continue to return to the worksite. 

Employers can register or update their registration on the 511.org Bay Area Commuter Benefits Program website.

The Bay Area Commuter Benefits Program requires employers with 50 or more full-time employees in the Bay Area to offer commuter benefits to their employees. Employers must register and provide one of five commuter benefit options to their employees.

Through the new employer portal, companies can:

• Access and update their Commuter Benefits Program compliance information anytime rather than just once a year;
• Update their compliance information without making a customer service request; and
• Send customer service inquiries directly through the employer portal, with past inquiries archived in the employer's profile for convenient reference.

In 2016, the Legislature adopted Senate Bill 1128 allowing Air District Regulation 14, Rule 1: Bay Area Commuter Benefits Program to become a permanent mandatory program for Bay Area employers with 50 or more full-time employees.

The goal of the Commuter Benefits Program is to reduce greenhouse gas emissions and traffic congestion by encouraging employees to commute using an alternative to driving alone. The law is designed to give employers flexibility in compliance. This includes offering employees the ability to pay for transit or vanpooling with pre-tax dollars, which can save employers and employees money through lower taxes.

In November, Contra Costa County District Attorney Diana Becton and Air District Chief Counsel Alexander Crockett announced a joint civil enforcement action against the Martinez Refining Company.

This joint civil action will involve multiple agencies, including the Air District, Department of Fish and Wildlife, and Contra Costa County Health. These agencies have referred notices of violation and enforcement referrals against the Martinez Refining Company.

The action will include civil enforcement claims stemming from a 2022 release that occurred during the Thanksgiving holiday, as well as additional enforcement claims. It is a collaborative effort to enforce the law and ensure public safety.

In December, the Air District announced that it had fined Vulcan Materials Co. $228,000 for air quality violations that occurred in 2021 at Vulcan’s manufacturing plant in Pleasanton. 

Vulcan Materials Co. is a construction aggregate producer, a supplier and distributor of construction materials including gravel, sand, crushed stone, asphalt, concrete and other materials.

This penalty will resolve two Notices of Violation issued to the construction material producer for public nuisance due to burning asphalt or tar odors from the Vulcan Materials facility. The odors occurred over four days in June and July of 2021, and the Air District received 128 complaints from the public. The Air District also issued an NOV due to a failed source test and for exceeding the nitrogen oxides limit for 35 days.

All violations that led to the penalties have been corrected.

The Air District issues NOVs when facilities violate an air quality regulation or rule. Violators are generally required to respond to the notice within 10 days and submit a description of the actions they will take to correct the problem. These actions can include shutting down certain operations immediately or changing operations or equipment to come into compliance. 

The Air District administers a number of grant funding programs that offer incentives for clean air projects.

Grant Funding for Clean Air Projects

Grant programs for Bay Area businesses and public agencies:

• Heavy-Duty Mobile and Stationary Equipment Replacement and Zero-Emission Infrastructure Program - Funding is available for eligible projects that reduce toxic air emissions and ozone-forming pollutants through the scrap and replacement of older, high-polluting vehicles and equipment with cleaner alternatives, including zero emission equipment, vehicles, and supporting infrastructure. Over $82 million is available for projects where emission reductions benefit the Air District’s most impacted communities. Funding is available for locomotives and marine vessels domiciled or operating in the AB 617-identified communities of West Oakland, East Oakland, Richmond-San Pablo, and Bayview Hunters Point/Southeast San Francisco. Applications are also being accepted for electric school buses, transit buses, off-road equipment, and supporting infrastructure located in West Oakland, East Oakland, Richmond-San Pablo, Bayview Hunters Point/Southeast San Francisco, and other disadvantaged and low-income areas in the Bay Area. An additional $8 million in funding is available for upgrading agriculture equipment operating in the Air District’s jurisdiction. More information about eligible project categories and program requirements is available at https://www.baaqmd.gov/funding-and-incentives/apply-for-funding. Interested parties are encouraged to visit the program website and subscribe to email announcements to receive timely notice about program updates. 
  Funding is provided by the Carl Moyer Program, Community Air Protection Program, Transportation Fund for Clean Air, Goods Movement, Mobile Source Incentive Fund, and Funding Agricultural Replacement Measures for Emission Reductions (FARMER) programs.

• Climate Tech Finance Loan Guarantee Program is available to support the development and purchase of climate technologies for small businesses in California. Climate entrepreneurs can apply for loan guarantees up to 80 percent of the loan principal or $5 million, whichever is less, to accelerate the growth and impact of their businesses. This program is open and accepting applications now. https://ctf.baaqmd.gov/ 

Grant programs available to Bay Area residents:

• Passenger Car and Light-Duty Truck Retirement – The Vehicle Buy Back Program pays Bay Area residents $1,200 per vehicle to turn in their operable, registered, model year 1998 and older passenger car or light-duty truck for scrapping, removing the highest-polluting passenger vehicles from the road. www.baaqmd.gov/vbb

• Clean Cars for All Program, Light-Duty Vehicle Replacement – The Clean Cars for All Program provides grants to income-qualified Bay Area residents to retire older, high-polluting vehicles and replace them with a new or used conventional hybrid, plug-in hybrid, fuel-cell, or electric vehicle. The program will expand to all Bay Area zip codes in early 2024 with increased grant amounts up to $12,000, which includes an additional $2,000 for participants who live in disadvantaged community census tracts that purchase a plug-in electric or fuel cell electric vehicle. Residents that don’t want to purchase a replacement vehicle can receive $7,500 towards alternative mobility options (e.g. public transit or electric bicycles). www.baaqmd.gov/cleancarsforall

• The Clean Heating Efficiently with Electric Technology Program (Clean HEET) – The Clean HEET Program is expected to open in early 2024. The program will improve local air quality, reducing particulate matter pollution by offering incentives to homeowners to help lower the cost of replacing a wood-burning stove or wood-burning fireplace insert with an electric heat pump. Eligible funding will range from $3,000 - $6,500 for one stove/insert and $6,000 – $9,500 for two stove/inserts. Residents who participate in qualifying low-income assistance programs are eligible for higher incentive funding levels, ranging from $7,000 for one stove to $13,500 for two stove changeouts. Funding is limited and applications received on time will be evaluated competitively, with priority given to projects located in the AB 617 communities of West Oakland, East Oakland, Richmond-San Pablo, and Bayview Hunters Point/Southeast San Francisco and in other Bay Area communities most impacted by air pollution. More information about eligible project categories and program requirements is available at https://www.baaqmd.gov/woodsmokegrant.

Other state-wide grant programs funded by Volkswagen NOx Mitigation Trust (only the first is administered by the Bay Area Air District):

• VW Zero-Emission Freight and Marine Program – Funding is available statewide to accelerate the replacement of older, higher polluting diesel engines with zero-emission technology. Approximately $15 million in Volkswagen Environmental Mitigation Trust funding is available for projects that do one or more of the following:
  • Scrap combustion-based airport ground support equipment and replace with all-electric,
  • Scrap combustion-based heavy-lift forklifts (> 8,000 pounds of lift capacity) and replace with all-electric,
  • Scrap combustion-based port cargo-handling equipment and replace with all-electric,
  • Scrap combustion-based ferry, tugboat, or towboat engines and replace with all-electric, and/or
  • Install portside shore power systems at berths for use by unregulated oceangoing vessels.
  75 percent of funding will be awarded to projects that reduce emissions in California’s disadvantaged and low-income communities. This solicitation is open and accepting applications on a first-come, first-served basis until Wednesday, February 28, 2024. https://www.californiavwtrust.org/zero-freight-marine/ 

• VW Combustion Freight and Marine Projects – Funding is available statewide to accelerate the replacement of older, higher polluting diesel engines with the cleanest available technologies. Equipment eligible for replacement includes Class 7 and 8 freight trucks (including waste haulers, dump trucks, and concrete mixers) or their engines (2012 model year and older) that are compliant with current regulations; freight switcher locomotives or their engines (pre-Tier 1); and ferry, tugboat, and towboat engines (pre-Tier 3). This solicitation is open and accepting applications on a first-come, first-served basis until all funds are fully allocated. https://xappprod.aqmd.gov/vw/combustion.html

• VW Zero-Emission Class 8 Freight and Port Drayage Trucks - This category is intended to support the expansion of zero-emission truck availability in the heaviest weight class. Vehicles eligible for replacement include Class 8 freight trucks (including drayage trucks, waste haulers, dump trucks, and concrete mixers) or their engines (2012 model year and older). This solicitation is open and accepting applications on a first-come, first-served basis until all funds are fully allocated. https://xappprod.aqmd.gov/vw/zero-emission.html  

• VW Zero-Emission Transit and Shuttle Buses – The second installment of VW funding is available to owners of bus fleets that operate in California to support early adoption of zero-emission bus technologies to reduce harmful exposure for the state’s most sensitive populations. This program is administered by the San Joaquin Valley Air Pollution Control District. The zero-emission school bus bin is now oversubscribed. This solicitation is open and accepting applications for transit and shuttle buses on a first-come, first-served basis until all funds are fully allocated. http://vwbusmoney.valleyair.org/

This spring, the Air District and Spare the Air will be participating in the following outreach events.

March

Festival of Colors (Holi) - Fremont
March 23

April

City of Santa Clara Earth Day/Arbor Day Celebration - Santa Clara
April 11

Gilead Earth Day - Foster City
April 18

City of Belmont Earth Day - Belmont
April 20

Earth Day Napa - Napa
April 20

San Lorenzo Earth Day - San Lorenzo
April 20

City of Fremont Earth Day - Fremont
April 20

Hayward Earth Day Community Fair - Hayward
April 20

Cupertino Earth Day/Arbor Day Festival - Cupertino
April 20

Earth Day San Francisco - San Francisco
April 21

Earth Day Marin - Mill Valley
April 21

375 Beale Street Earth Day Fair - San Francisco
April 22

MCBC Jane Fondo Women's Bike Ride - Olema
April 27

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