Stockton is home to an inland port — a hub of jobs and industries, and a major source of diesel emissions, which have resulted in some of the poorest air quality in the state. (Fred Greaves/CalMatters)
The South Stockton classroom where Ashley Pearl Pana spent recess trapped indoors is still there, 16 years later.
When the wind stirred up dust and soot, when the sun stewed smokestack and tailpipe exhaust into smog, when pollution squeezed her airways, Pana’s asthma forced her inside, behind the classroom’s closed door.
“All the kids were playing outside, and I’d just watch them through the windows,” Pana, now 23, said while visiting her old elementary school. A new generation of children, masked against COVID-19’s newest threats to still-developing lungs, ran in the playground.
It was a clear day, the kind that makes South Stockton’s consistently filthy air difficult to imagine. But in one of California’s most dangerously polluted communities, emergency room visits for asthma attacks are among the highest in the state.
“No matter what, air quality is always an issue in my life,” Pana said, “something I have to be constantly aware about.”
Assembly Bill 617, passed in 2017, requires local air districts and the state Air Resources Board to reduce air pollution in marginalized communities. The law established the Community Air Protection Program, which tasks residents and local officials with shaping regulations and steering state money to a handful of hot spots.
Hailed as “unprecedented” by some environmental groups, the law was supposed to create a program to measure and combat air pollution at the neighborhood level.
So far, more than $1 billion in state funds has been appropriated for community grants, industry incentives and government costs. But it's still not possible to gauge whether the program will improve the smoggy and toxic air that almost 4 million people breathe in 15 communities.
Most of those communities — including Richmond, West Oakland, Stockton, San Bernardino and Wilmington — have high poverty rates and are predominantly Latino, Black and Asian American.
Now, even as the law’s clean-air program prepares to fold in new neighborhoods, a major question lingers: Is it working?
“The jury’s out,” said Jonathan London, an associate professor of human ecology at UC Davis who is keeping tabs on the law. It’s “an ongoing experiment with the potential for significant benefits, but also significant obstacles.”
But environmental justice advocates have called the law toothless, and warn that it has “largely failed to produce the promised quantifiable, permanent, and enforceable emissions reductions.”
Ashley Pearl Pana (left) in South Stockton, where she grew up. Pana (right) shows the inhalers and other medication she uses daily to manage her asthma. (Fred Greaves/CalMatters)
The struggle to achieve the law’s ambitious goals has been marked by battles between residents and local air regulators, and by jurisdictional juggling among agencies, each responsible for a different portion of pollution. Meanwhile, people continue to suffer from inhaling dirty air.
“Is it having the improvements that I want it to have, at the level that I wanted to have? No, we need a lot more,” said Assemblymember Cristina Garcia, a Democrat from Bell Gardens, who authored the bill. “Is it engaging the community and empowering them, so they could push for change? Oh, definitely.”
The law is just one tool — and, its author acknowledges, an imperfect one at that — intending to fix decades of environmental racism, questionable land-use decisions and freeway construction that have left poor communities of color hemmed in by California’s industrial corridors. It’s a monumental task, and experts say no one law will be a panacea.
At stake is the health of millions of people who live near California’s refineries, ports and freeways that are the sources of smog and other toxic pollutants that trigger asthma attacks and have been linked to cancer.
California Air Resources Board staff recently called it “a catalyst to change the way we work with communities.”
Yet some Stockton residents and community groups have had a far different experience, tangling with local air regulators about funding decisions and delayed air-pollution monitoring.
“At the beginning of this process, we were all kumbaya,” said Dillon Delvo, executive director of Little Manila Rising, a historic preservation organization turned environmental justice group in South Stockton.
But it hasn’t been enough. Parts of California still have the worst air quality in the country, with about 87% of Californians living in areas that exceeded federal healthy air standards in 2020.
In the San Joaquin Valley alone, breathing fine particles is estimated to cause 1,200 premature deaths from respiratory and heart disease per year. Poor communities of color are still exposed to double the cancer-causing diesel exhaust than that of their more affluent neighbors.
Garcia’s law aimed to tackle pollution hot spots by creating a greater role for community activists and residents in the complex regulatory process. Local air districts responsible for regulating smokestack pollution must now work with communities to craft clean-air plans. The law also calls for increased air monitoring, bigger fines for polluters and faster deployment of new pollution-scrubbing retrofits on smokestacks.
Deldi Reyes, director of the Air Resources Board’s Office of Community Air Protection, told board members at an October meeting that there has been progress since the environmental justice law was enacted, with an estimated 75 tons of fine particles expected to be cut across 11 communities — equivalent to removing 75,000 heavy-duty diesel trucks from California roads.
But neither the law nor the state-developed guidelines for its implementation include specific targets for measurably improving air quality or public health in the selected communities. Though the program relies heavily on time and effort from community members, decision-making is ultimately left to state and local air regulators.
“I’d like to see more accountability built into the program,” said Dr. John Balmes, a professor of medicine at UCSF and a member of the California Air Resources Board. “I don’t think that’s too much to ask.”
Reyes, however, urged patience. Of the 15 communities, three are still developing their clean-air plans and four are in their first year of implementation, she said. “It’s just too early to point to any of the communities and say, ‘Oh, they haven’t met their goals.’ Air quality does not change on a dime.”
An environmental justice advocate in Oakland, Margaret Gordon, agreed. “This is not instant. This is not Top Ramen.”
The legislation was framed as a companion to a bill extending the life of cap and trade, California’s trailblazing carbon market designed to reduce climate-warming emissions. Under cap and trade, companies operating refineries, power plants and other industrial facilities can buy or trade credits to meet a declining cap on greenhouse gases without cutting local pollution.
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Environmental justice advocates fought the cap-and-trade extension, declaring it a “deal with the devil” that usurped local power to cut carbon emissions from industrial facilities like refineries. One analysis found that neighborhoods with increasing pollution during cap and trade’s early years were more likely home to people of color and people living in poverty.
The new law — less stringent than an earlier version that died in the Assembly — was supposed to end the unequal pollution burden.
Yet many residents and environmental justice advocates say the law pits disadvantaged communities against each other for selection in the program, and its effectiveness varies drastically by air district. In a UC Davis assessment, participants described a program that fails to provide adequate training for community members who may have language barriers and limited knowledge of topics like refinery flares and pollution controls for ships.
“This was like a beautiful thing that was going to bring us something into our communities to protect them from cap and trade, and also try to get the community involved,” said Magali Sanchez-Hall, an environmental activist and resident of Wilmington, in Los Angeles County. “That’s not what I have experienced, at all.”
The oil industry, a major source of industrial air pollution, has said it supports the intent of the environmental justice law. But at the negotiating table with legislators, it pushed back against stricter controls over pollution and later tried, but failed, to remove language in state guidelines that called for the “most stringent approaches for reducing emissions.”
State and local air regulators list frustrations of their own in implementing the law: insufficient funding, inadequate time to repair community relationships damaged over decades, and no new authority over local governments’ land-use decisions, such as warehouse construction.
“There is a tremendous amount of frustration between the various community groups and the district,” said Wayne Nastri, executive officer of the South Coast Air Quality Management District, the powerful agency responsible for the air quality of about17 million people in the Los Angeles basin. “It’s difficult to put those programs together when there isn’t trust between the community groups and the regulators.”
Asthma, freeways and port pollution in Stockton
On the banks of the San Joaquin River sits Stockton, home to an inland port. Trucks roar over freeways that cleave a city spotted with heavy industry, creased by rail lines and ringed by farm fields.
Vehicles are a major source of smog and fine particles in South Stockton, with port-related operations accounting for about a quarter of the area’s dangerous diesel exhaust. Two of the 18 Stockton census tracts included in the state program are ranked within the top 1% of the most pollution-burdened areas in California. Eleven are in the top 25%.
Interstate 5 cuts over a channel off the San Joaquin River in Stockton, where freeways are a major source of pollution. The city has some of the highest rates of emergency room visits for asthma in the state. (Fred Greaves/CalMatters)
Among the neighborhoods crushed beneath freeway expansion was Little Manila, where only two of the original buildings in a once-vibrant Filipino American community remain.
Stockton neighborhoods, especially those near the freeways, have some of the highest rates of asthma-related emergency room visits in California.
Delvo, a second-generation Filipino American who co-founded Little Manila Rising, a community preservation group, is also fighting for clean air.
“It would be irresponsible for us to try to save these buildings and expect people to come here, when this,” said Delvo, gesturing at the freeway looming over him, his voice raised over the roaring trucks, “exists right here. And the fact is that there are families in this community that need to breathe this air.”
For Pana, the consequences of a childhood spent in South Stockton still linger. Her family moved there from the Philippines when she was 2 years old.
Pana has gone to the emergency room twice in just the past year for asthma attacks, and uses inhalers and other medications on a daily basis to keep her airways open.
“That’s just my life, and it was normalized,” said Pana, an aspiring social worker and former youth climate advocate with Little Manila Rising. “It’s not normal.”
Joining the Community Air Protection Program, however, hasn’t been the salve for generations of environmental racism that Pana, Delvo and others had hoped for.
Delvo once sat on the program’s community steering committee before a colleague took over the role. Now he wonders whether the law can ever really be effective, given its reliance on air districts like the San Joaquin Valley Air Pollution Control District that have long presided over some of the most polluted air in the country. At a board meeting, a top air district official called the committee merely a “consultative body” without “any direct authority.”
Dillon Delvo, executive director of Little Manila Rising, stands in front of a Stockton building that was originally the Filipino Recreation Hall but is now boarded up. (Fred Greaves/CalMatters)
“I think the intention of the legislation is good,” Delvo said. “But once it comes into the hands of whatever local agency is controlling it, they control the outcome of it. That’s the problem. That’s why you have widespread marginalization, specifically in the Central Valley.”
The effort in Stockton has been plagued by delays and jurisdictional infighting. One example: A program to monitor the air at local schools that stalled after the Stockton Unified School District refused to host the devices, according to the air district. Stockton Unified representatives did not respond to multiple requests for comment.
The biggest battle came when advocacy groups questioned a district program to provide $5 million to the port to help pay for cleaner equipment, tugboat engines and a pollution capture device for tankers.
“If this is just a process where we’re handing out money to industry to subsidize expanding their emissions, then that’s not something that [we] can be in support of,” Catherine Garoupa White, executive director of the Central Valley Air Quality Coalition, said at a community steering committee meeting.
Ultimately, state and local regulators approved a plan that eliminated the port incentives, but did not reallocate the $5 million to another Stockton program.
Home to fertilizer importers, petroleum and biodiesel storage, cement companies, a biomass burning facility and other industries, the port supports thousands of jobs. Another 400 acres are approved for new development. Some of its tenants are planning expansions, too.
But Jeff Wingfield, the port’s director of environmental and public affairs, said port expansion and pollution don’t necessarily go hand in hand. About 60% of the port’s cargo-handling equipment is zero emission, he said. Cleaning up operations is costly, so extra funding would help.
“Our annual budget is, like, $50 million. That’s a significant risk, and a significant investment for us,” he said.
A decades-long battle in LA County's port communities
About 350 miles south, in the southwestern end of Los Angeles County, Wilmington, Carson and West Long Beach joined the Community Air Protection Program a year ahead of Stockton.
District officials say two sets of important emission-cutting rules enacted last year were accelerated because of the environmental justice law.
People in the region, which is predominantly Latino, live with polluting industries almost in their backyards: five oil refineries, nine rail yards, the nation’s two busiest ports, 43 miles of freeway, three Superfund hazardous waste sites and other industrial facilities.
Residents in theLos Angeles/Long Beach port area visit emergency rooms for asthma attacks 40% more often than the state average. And their cancer risk from toxic air, primarily from diesel exhaust, was 35% higher than the Los Angeles basin’s average in 2018 — although less than half the estimates for 2012 and 2013.
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After months of discussion with community activists, the South Coast Air Quality Management District committed to cutting smog-forming gases and sulfur from oil refineries in half by 2030, and in November set new mandates to eliminate up to eight tons a day of emissions from 16 oil refineries and other industrial plants.
The new rules, projected to cost the companies more than $2 billion, are intended to satisfy the environmental justice law’s requirement that industries accelerate installation of the best available technology to control smog-forming emissions and other pollution. They also play a key role in the Los Angeles basin’s latest efforts to comply with national health standards for smog — a half-century-long quest for the nation’s smoggiest region.
In their negotiations, oil companies asked the district to prove “both technical feasibility and cost effectiveness” and “provide a reasonable schedule” to install new technology on refinery heaters.
As a result, the timelines stretch to 2035 — far beyond the law’s Dec. 31, 2023, deadline. About half of the emissions reductions are expected by next year.
Another measure adopted last year takes aim at diesel exhaust and smog-forming gases from Southern California’s warehouses, a growing source in the San Bernardino area, which is another of the 15 communities in the state’s environmental justice program.
But in the Wilmington, Carson and West Long Beach area, advocates called the new refinery rule a limited victory that has taken, and will take, far too long.
Now all eyes have turned to pollution from the ports, where recent shipping backups have caused soot and smog to skyrocket. After years of negotiations with the Ports of Los Angeles and Long Beach, the air district board decided that if the port fails to come up with an acceptable clean-air plan by this Friday, the board will draft mandatory rules.
“It’s still a battle to get clean-air regulation,” said Chris Chavez, who grew up in West Long Beach and is now deputy policy director with the Coalition for Clean Air. “It’s just that we have a better shot at it now than we had a couple years ago.”
Community groups call for change
After more than four years, the law has reached an inflection point.
The People’s Blueprint, proposed by community groups and environmental advocates, seeks explicit new policies and training promoting equity and inclusion. It also calls for greater transparency and community control over budgets, and consequences for air districts that fail to show progress or act without community input.
State air board officials are reviewing the proposal, and plan to draft new guidelines expected to be considered next year. “There is nothing off the table,” the air board’s Reyes told CalMatters. “We really need to find ways to expand the benefits of the program … because it’s not sustainable, especially if the funding levels stay consistent in the way that they have.”
Millions of Californians live in thousands of census tracts the state considers disadvantaged, in part because they may bear disproportionate burdens of pollution. Focusing on only 15 communities “is not satisfying,” said Garcia, the original bill's author. “We’re leaving behind a bunch of potential communities, and they all deserve justice.”
Last year, Garcia introduced a bill barring refineries and other facilities that fail to promptly install the latest pollution-scrubbing technology from participating in cap and trade. Bills in the Senate and Assembly proposed adding environmental justice representatives to the Los Angeles basin air district’s board. Two more bills tried to take aim at industrial and warehouse expansion.
None succeeded, though some have alreadybeenrevived for another pass through the Legislature.
In the meantime, residents across the state are still waiting to find out whether California’s landmark environmental justice law will make a difference in their daily lives.
If not, “then community members and organizations have to take matters into their own hands,” Pana said, standing outside her old school in Stockton. “We’re going to keep fighting for it.”
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is home to an inland port — a hub of jobs and industries, and a major source of diesel emissions, which have resulted in some of the poorest air quality in the state.","description":null,"title":"101321-_Stockton_Pollution_FG_CM_0657","credit":"Fred Greaves/CalMatters","status":"inherit","altTag":"An aerial view of Stockton - with factories and a barge on a river.","fetchFailed":false,"isLoading":false}},"audioPlayerReducer":{"postId":"stream_live"},"authorsReducer":{"byline_news_11903447":{"type":"authors","id":"byline_news_11903447","meta":{"override":true},"slug":"byline_news_11903447","name":"\u003ca href=\"https://calmatters.org/author/rachel-becker/\">Rachel 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Landmark Environmental Justice Law Helping Communities With the Dirtiest Air?","title":"'The Jury's Out': Is California's Landmark Environmental Justice Law Helping Communities With the Dirtiest Air?","headTitle":"KQED News","content":"\u003cp>The South Stockton classroom where Ashley Pearl Pana spent recess trapped indoors is still there, 16 years later.\u003c/p>\n\u003cp>When the wind stirred up dust and soot, when the sun stewed smokestack and tailpipe exhaust into smog, when pollution squeezed her airways, Pana’s asthma forced her inside, behind the classroom’s closed door.\u003c/p>\n\u003cp>“All the kids were playing outside, and I’d just watch them through the windows,” Pana, now 23, said while visiting her old elementary school. A new generation of children, masked against COVID-19’s newest threats to still-developing lungs, ran in the playground.\u003c/p>\n\u003cp>[pullquote align=\"right\" size=\"medium\" citation=\"Ashley Pearl Pana, Stockton resident\"]'No matter what, air quality is always an issue in my life, something I have to be constantly aware about.'[/pullquote]It was a clear day, the kind that makes South Stockton’s consistently filthy air difficult to imagine. But in \u003ca href=\"https://oehha.ca.gov/calenviroscreen/maps-data\">one of California’s most dangerously polluted communities\u003c/a>, emergency room visits for asthma attacks are among the highest in the state.\u003c/p>\n\u003cp>“No matter what, air quality is always an issue in my life,” Pana said, “something I have to be constantly aware about.”\u003c/p>\n\u003cp>\u003ca href=\"https://leginfo.legislature.ca.gov/faces/billNavClient.xhtml?bill_id=201720180AB617\">Assembly Bill 617, passed in 2017\u003c/a>, requires local air districts and the state Air Resources Board to reduce air pollution in marginalized communities. The law established the \u003ca href=\"https://ww2.arb.ca.gov/capp\">Community Air Protection Program\u003c/a>, which tasks residents and local officials with shaping regulations and steering state money to a handful of hot spots.\u003c/p>\n\u003cp>Hailed as “\u003ca href=\"https://blogs.edf.org/climate411/2017/07/12/california-models-climate-and-air-pollution-action-with-balanced-approach/\">unprecedented\u003c/a>” by some environmental groups, the law was supposed to create a program to measure and combat air pollution at the neighborhood level.\u003c/p>\n\u003cp>So far, more than $1 billion in state funds has been appropriated for community grants, industry incentives and government costs. But it's still not possible to gauge whether the program will improve the smoggy and toxic air that almost 4 million people breathe in \u003ca href=\"https://ww2.arb.ca.gov/capp-communities\">15 communities.\u003c/a>\u003c/p>\n\u003cp>Most of those \u003ca href=\"https://ww2.arb.ca.gov/capp-communities\">communities\u003c/a> — including Richmond, West Oakland, Stockton, San Bernardino and Wilmington — have high poverty rates and are predominantly Latino, Black and Asian American.\u003c/p>\n\u003cp>Now, even as the law’s clean-air program prepares to fold in new neighborhoods, a major question lingers: Is it working?\u003c/p>\n\u003cp>“The jury’s out,” said \u003ca href=\"https://humanecology.ucdavis.edu/jonathan-london\">Jonathan London\u003c/a>, an associate professor of human ecology at UC Davis who is keeping tabs on the law. It’s “an ongoing experiment with the potential for significant benefits, but also significant obstacles.”\u003c/p>\n\u003cp>But environmental justice advocates have called the law \u003ca href=\"https://caleja.org/2017/07/justice-deferred-a-break-down-of-californias-cap-trade-bill-from-the-environmental-justice-perspective/\">toothless\u003c/a>, and \u003ca href=\"https://caleja.org/wp-content/uploads/2021/05/CEJA_AB617_r4-2.pdf\">warn that\u003c/a> it has “largely failed to produce the promised quantifiable, permanent, and enforceable emissions reductions.”\u003c/p>\n\u003cfigure id=\"attachment_11903595\" class=\"wp-caption aligncenter\" style=\"max-width: 1399px\">\u003ca href=\"https://ww2.kqed.org/app/uploads/sites/10/2022/02/Screen-Shot-2022-02-01-at-1.29.49-PM.png\">\u003cimg class=\"size-full wp-image-11903595\" src=\"https://ww2.kqed.org/app/uploads/sites/10/2022/02/Screen-Shot-2022-02-01-at-1.29.49-PM.png\" alt=\"Left photo: A woman wearing glasses. Right photo: A woman's hands, filled with various breathing medications.\" width=\"1399\" height=\"485\" srcset=\"https://ww2.kqed.org/app/uploads/sites/10/2022/02/Screen-Shot-2022-02-01-at-1.29.49-PM.png 1399w, https://ww2.kqed.org/app/uploads/sites/10/2022/02/Screen-Shot-2022-02-01-at-1.29.49-PM-800x277.png 800w, https://ww2.kqed.org/app/uploads/sites/10/2022/02/Screen-Shot-2022-02-01-at-1.29.49-PM-1020x354.png 1020w, https://ww2.kqed.org/app/uploads/sites/10/2022/02/Screen-Shot-2022-02-01-at-1.29.49-PM-160x55.png 160w\" sizes=\"(max-width: 1399px) 100vw, 1399px\">\u003c/a>\u003cfigcaption class=\"wp-caption-text\">Ashley Pearl Pana (left) in South Stockton, where she grew up. Pana (right) shows the inhalers and other medication she uses daily to manage her asthma. \u003ccite>(Fred Greaves/CalMatters)\u003c/cite>\u003c/figcaption>\u003c/figure>\n\u003cp>The struggle to achieve the law’s ambitious goals has been marked by battles between residents and local air regulators, and by jurisdictional juggling among agencies, each responsible for a different portion of pollution. Meanwhile, people continue to suffer from inhaling dirty air.\u003c/p>\n\u003cp>“Is it having the improvements that I want it to have, at the level that I wanted to have? No, we need a lot more,” said Assemblymember \u003ca href=\"https://a58.asmdc.org/\">Cristina Garcia\u003c/a>, a Democrat from Bell Gardens, who authored the bill. “Is it engaging the community and empowering them, so they could push for change? Oh, definitely.”\u003c/p>\n\u003cp>The law is just one tool — and, its author acknowledges, an imperfect one at that — intending to fix decades of environmental racism, questionable land-use decisions and \u003ca href=\"https://calmatters.org/housing/2021/11/california-housing-crisis-podcast-freeways/\">freeway construction\u003c/a> that have left \u003ca href=\"https://www.ucsusa.org/sites/default/files/attach/2019/02/cv-air-pollution-CA-web.pdf\">poor communities of color\u003c/a> hemmed in \u003ca href=\"https://storymaps.arcgis.com/stories/f555670d30a942e4b46b18293e2795a7\">by California’s industrial corridors\u003c/a>. It’s a monumental task, and experts say no one law will be a panacea.\u003c/p>\n\u003cp>At stake is the health of \u003ca href=\"https://storymaps.arcgis.com/stories/f555670d30a942e4b46b18293e2795a7\">millions of people\u003c/a> who live near California’s refineries, ports and freeways that are the sources of smog and other toxic pollutants that trigger asthma attacks and have been linked to cancer.\u003c/p>\n\u003cp>California Air Resources Board staff recently \u003ca href=\"https://www.arb.ca.gov/board/mt/2021/mt102821.pdf?_ga=2.69808464.133961995.1641835269-324582198.1598231589\">called it\u003c/a> “a catalyst to change the way we work with communities.”\u003c/p>\n\u003cp>Yet some Stockton residents and community groups have had a far different experience, tangling with local air regulators about funding decisions and delayed air-pollution monitoring.\u003c/p>\n\u003cp>“At the beginning of this process, we were all kumbaya,” said Dillon Delvo, executive director of Little Manila Rising, a historic preservation organization turned environmental justice group in South Stockton.\u003c/p>\n\u003cp>“By the end,” he said, “it was terrible.”\u003c/p>\n\u003ch2 id=\"h-tremendous-amount-of-frustration\">'Tremendous amount of frustration'\u003c/h2>\n\u003cp>For more than half a century, California’s \u003ca href=\"https://ww2.arb.ca.gov/about/history\">state\u003c/a> and \u003ca href=\"https://www.aqmd.gov/home/research/publications/50-years-of-progress\">local air regulators\u003c/a> have enacted pioneering rules to clean up pollution from smokestacks and tailpipes. Trailblazing mandates \u003ca href=\"https://calmatters.org/environment/2021/03/california-diesel-rules/\">to tackle diesel exhaust\u003c/a> — a known carcinogen — and other toxic air contaminants \u003ca href=\"https://pubs.acs.org/doi/full/10.1021/acs.est.5b02766\">cut Californians’ risk of getting cancer from bad air by 76%\u003c/a>.\u003c/p>\n\u003cp>But it hasn’t been enough. Parts of California still have the \u003ca href=\"https://www.lung.org/research/sota/city-rankings/most-polluted-cities\">worst air quality in the country\u003c/a>, with about 87% of Californians living in areas that exceeded federal healthy air standards in 2020.\u003c/p>\n\u003cp>In the San Joaquin Valley alone, breathing fine particles is estimated to cause \u003ca href=\"https://ww2.arb.ca.gov/news/clean-air-plan-san-joaquin-valley-first-meet-all-federal-standards-fine-particle-pollution\">1,200 premature deaths\u003c/a> from respiratory and heart disease per year. Poor communities of color are still exposed to \u003ca href=\"https://ww2.arb.ca.gov/sites/default/files/2020-03/final_community_air_protection_blueprint_october_2018_acc.pdf\">double the cancer-causing diesel exhaust\u003c/a> than that of their more affluent neighbors.\u003c/p>\n\u003cp>\u003c!-- iframe plugin v.4.3 wordpress.org/plugins/iframe/ -->\u003cbr>\n\u003ciframe src=\"https://calmatters-ab617-maps.netlify.app/#amp=1\" width=\"1000\" height=\"780\" scrolling=\"yes\" class=\"iframe-class\" frameborder=\"0\">\u003c/iframe>\u003c/p>\n\u003cp>Garcia’s law aimed to tackle pollution hot spots by creating a greater role for community activists and residents in the complex regulatory process. Local air districts responsible for regulating smokestack pollution must now work with communities to craft clean-air plans. The law also calls for increased air monitoring, bigger fines for polluters and faster deployment of new pollution-scrubbing retrofits on smokestacks.\u003c/p>\n\u003cp>\u003ca href=\"https://ww2.arb.ca.gov/news/carb-announces-new-director-office-community-air-protection#:~:text=SACRAMENTO%20%E2%80%93%20Today%20CARB%20Executive%20Officer,Community%20Air%20Protection%20(DOCAP).\">Deldi Reyes\u003c/a>, director of the Air Resources Board’s Office of Community Air Protection, told board members at an October meeting that there has been progress since the environmental justice law was enacted, with an estimated 75 tons of fine particles expected to be cut across 11 communities — equivalent to removing 75,000 heavy-duty diesel trucks from California roads.\u003c/p>\n\u003cp>But neither \u003ca href=\"https://leginfo.legislature.ca.gov/faces/billNavClient.xhtml?bill_id=201720180AB617\">the law\u003c/a> nor \u003ca href=\"https://ww2.arb.ca.gov/resources/documents/final-community-air-protection-blueprint\">the state-developed guidelines\u003c/a> for its implementation include specific targets for measurably improving air quality or public health in the selected communities. Though the program relies heavily on time and effort from community members, decision-making is ultimately left to state and local air regulators.\u003c/p>\n\u003cp>“I’d like to see more accountability built into the program,” said \u003ca href=\"https://ww2.arb.ca.gov/about/leadership/john-r-balmes-md\">Dr. John Balmes\u003c/a>, a professor of medicine at UCSF and a member of the California Air Resources Board. “I don’t think that’s too much to ask.”\u003c/p>\n\u003cp>Reyes, however, urged patience. \u003ca href=\"https://ww3.arb.ca.gov/board/books/2021/102821/21-11-3pres.pdf\">Of the 15 communities\u003c/a>, three are still developing their clean-air plans and four are in their first year of implementation, she said. “It’s just too early to point to any of the communities and say, ‘Oh, they haven’t met their goals.’ Air quality does not change on a dime.”\u003c/p>\n\u003cp>An environmental justice advocate in Oakland, \u003ca href=\"https://woeip.org/about-woeip/margaret-gordon/\">Margaret Gordon\u003c/a>, agreed. “This is not instant. This is not Top Ramen.”\u003c/p>\n\u003cp>\u003ca href=\"https://calmatters.org/health/2017/07/california-environmental-success-poor-communities-remain-polluted/\">Even the law’s birth\u003c/a> was contentious.\u003c/p>\n\u003cp>The legislation was framed as a companion to a bill \u003ca href=\"https://calmatters.org/environment/2017/08/california-climate-deal-net-big-bucks-polluters/\">extending the life of cap and trade\u003c/a>, California’s trailblazing carbon market designed to reduce climate-warming emissions. Under cap and trade, companies operating refineries, power plants and other industrial facilities can buy or trade credits to meet a declining cap on greenhouse gases without cutting local pollution.[aside label=\"Related Coverage\" tag=\"environmental-justice\"]Environmental justice advocates fought the cap-and-trade extension, \u003ca href=\"https://calmatters.org/environment/2017/07/pollution-bill-legislature-just-passed-downpayment-environmental-justice/\">declaring it a “deal with the devil”\u003c/a> that \u003ca href=\"https://www.auditor.on.ca/en/content/reporttopics/envother/env17_other/From-Plan-to-Progress-Appendix-A.pdf\">usurped local power\u003c/a> to cut carbon emissions from industrial facilities like refineries. \u003ca href=\"https://journals.plos.org/plosmedicine/article?id=10.1371/journal.pmed.1002604\">One analysis\u003c/a> found that neighborhoods with increasing pollution during cap and trade’s early years were more likely home to people of color and people living in poverty.\u003c/p>\n\u003cp>The new law — less stringent than \u003ca href=\"https://leginfo.legislature.ca.gov/faces/billTextClient.xhtml?bill_id=201720180AB378\">an earlier version\u003c/a> that died in the Assembly — was supposed to end the unequal pollution burden.\u003c/p>\n\u003cp>Yet many residents and environmental justice advocates say the law pits disadvantaged communities against each other for selection in the program, and its effectiveness varies drastically by air district. In \u003ca href=\"https://ww2.arb.ca.gov/sites/default/files/2020-10/17RD035%20-%20English%20-%20AB%20617%20UC%20Davis%20Report%20Final%20for%20distribution.pdf\">a UC Davis assessment\u003c/a>, participants described a program that fails to provide adequate training for community members who may have language barriers and limited knowledge of topics like refinery flares and pollution controls for ships.\u003c/p>\n\u003cp>“This was like a beautiful thing that was going to bring us something into our communities to protect them from cap and trade, and also try to get the community involved,” said \u003ca href=\"https://www.linkedin.com/in/magali-sanchez-hall-4617b048/\">Magali Sanchez-Hall\u003c/a>, an environmental activist and resident of Wilmington, in Los Angeles County. “That’s not what I have experienced, at all.”\u003c/p>\n\u003cp>The oil industry, \u003ca href=\"https://ww2.arb.ca.gov/applications/stationary-source-emissions\">a major source\u003c/a> of industrial air pollution, has said it supports the intent of the environmental justice law. But at the negotiating table with legislators, \u003ca href=\"https://calmatters.org/health/2017/07/california-environmental-success-poor-communities-remain-polluted/\">it pushed back against stricter controls\u003c/a> over pollution and later tried, \u003ca href=\"https://ww2.arb.ca.gov/sites/default/files/2018-10/final_community_air_protection_blueprint_october_2018_appendix_c.pdf\">but failed\u003c/a>, to remove language in state guidelines that called for the “most stringent approaches for reducing emissions.”\u003c/p>\n\u003cp>State and local air regulators list frustrations of their own in implementing the law: insufficient funding, inadequate time to repair community relationships damaged over decades, and no new authority over local governments’ land-use decisions, such as warehouse construction.\u003c/p>\n\u003cp>“There is a tremendous amount of frustration between the various community groups and the district,” said Wayne Nastri, executive officer of the South Coast Air Quality Management District, the powerful agency responsible for the\u003ca href=\"https://www.aqmd.gov/nav/about\"> air quality of about17 million people\u003c/a> in the Los Angeles basin. “It’s difficult to put those programs together when there isn’t trust between the community groups and the regulators.”\u003c/p>\n\u003ch2 id=\"h-asthma-freeways-and-port-pollution-in-stockton\">Asthma, freeways and port pollution in Stockton\u003c/h2>\n\u003cp>On the banks of the \u003ca href=\"http://delta.ca.gov/wp-content/uploads/2020/09/Delta-Map-2020-508.pdf\">San Joaquin River\u003c/a> sits Stockton, home to an inland port. Trucks roar over freeways that cleave a city spotted with heavy industry, creased by rail lines and ringed by farm fields.\u003c/p>\n\u003cp>Vehicles are a major source of smog and fine particles in South Stockton, with port-related operations accounting for about a quarter of the area’s dangerous diesel exhaust. Two of the 18 Stockton census tracts included in the state \u003ca href=\"https://ww2.arb.ca.gov/capp\">program\u003c/a> are ranked within the top 1% of the most pollution-burdened areas in California. Eleven are in the top 25%.\u003c/p>\n\u003cfigure id=\"attachment_11903575\" class=\"wp-caption aligncenter\" style=\"max-width: 1024px\">\u003ca href=\"https://ww2.kqed.org/app/uploads/sites/10/2022/02/101321-_Stockton_Pollution_FG_CM_642.jpeg\">\u003cimg class=\"size-full wp-image-11903575\" src=\"https://ww2.kqed.org/app/uploads/sites/10/2022/02/101321-_Stockton_Pollution_FG_CM_642.jpeg\" alt=\"A large highway over a river.\" width=\"1024\" height=\"682\" srcset=\"https://ww2.kqed.org/app/uploads/sites/10/2022/02/101321-_Stockton_Pollution_FG_CM_642.jpeg 1024w, https://ww2.kqed.org/app/uploads/sites/10/2022/02/101321-_Stockton_Pollution_FG_CM_642-800x533.jpeg 800w, https://ww2.kqed.org/app/uploads/sites/10/2022/02/101321-_Stockton_Pollution_FG_CM_642-1020x679.jpeg 1020w, https://ww2.kqed.org/app/uploads/sites/10/2022/02/101321-_Stockton_Pollution_FG_CM_642-160x107.jpeg 160w\" sizes=\"(max-width: 1024px) 100vw, 1024px\">\u003c/a>\u003cfigcaption class=\"wp-caption-text\">Interstate 5 cuts over a channel off the San Joaquin River in Stockton, where freeways are a major source of pollution. The city has some of the highest rates of emergency room visits for asthma in the state. \u003ccite>(Fred Greaves/CalMatters)\u003c/cite>\u003c/figcaption>\u003c/figure>\n\u003cp>Among the most \u003ca href=\"https://www.usnews.com/info/blogs/press-room/articles/2020-01-22/us-news-special-report-stockton-calif-is-the-most-diverse-city-in-america\">racially diverse cities in the country\u003c/a>, Stockton bears the scars of \u003ca href=\"https://storymaps.arcgis.com/stories/f167b251809c43778a2f9f040f43d2f5\">racial residential segregation and redlining\u003c/a>. State and local officials plowed the Crosstown Freeway through communities of color, with demolitions and displacements starting in the late 1960s.\u003c/p>\n\u003cp>Among the neighborhoods crushed beneath freeway expansion was Little Manila, where only two of the original buildings in a once-vibrant Filipino American community remain.\u003c/p>\n\u003cp>Stockton neighborhoods, especially those near the freeways, have some of the highest rates of asthma-related emergency room visits in California.\u003c/p>\n\u003cp>Delvo, a second-generation Filipino American who co-founded Little Manila Rising, a community preservation group, is also fighting for clean air.\u003c/p>\n\u003cp>“It would be irresponsible for us to try to save these buildings and expect people to come here, when \u003cem>this,” \u003c/em>said Delvo, gesturing at the freeway looming over him, his voice raised over the roaring trucks, “exists right here. And the fact is that there are families in this community that need to breathe this air.”\u003c/p>\n\u003cp>For Pana, the consequences of a childhood spent in South Stockton still linger. Her family moved there from the Philippines when she was 2 years old.\u003c/p>\n\u003cp>Pana has gone to the emergency room twice in just the past year for asthma attacks, and uses inhalers and other medications on a daily basis to keep her airways open.\u003c/p>\n\u003cp>“That’s just my life, and it was normalized,” said Pana, an aspiring social worker and former youth climate advocate with Little Manila Rising. “It’s not normal.”\u003c/p>\n\u003cp>Joining the Community Air Protection Program, however, hasn’t been the salve for generations of environmental racism that Pana, Delvo and others had hoped for.\u003c/p>\n\u003cp>Delvo once sat on \u003ca href=\"https://community.valleyair.org/media/1697/member-reference-guide.pdf\">the program’s community steering committee\u003c/a> before a colleague took over the role. Now he wonders whether the law can ever really be effective, given its reliance on air districts like the San Joaquin Valley Air Pollution Control District that have long presided over \u003ca href=\"https://www.epa.gov/sanjoaquinvalley/epa-activities-cleaner-air\">some of the most polluted air in the country\u003c/a>. At a \u003ca href=\"https://youtu.be/hjn8PFJ0M-g?t=8459\">board meeting\u003c/a>, a top air district official called the committee merely a “consultative body” without “any direct authority.”\u003c/p>\n\u003cfigure id=\"attachment_11903574\" class=\"wp-caption aligncenter\" style=\"max-width: 1024px\">\u003ca href=\"https://ww2.kqed.org/app/uploads/sites/10/2022/02/101321-_Stockton_Pollution_FG_CM_690.jpeg\">\u003cimg class=\"size-full wp-image-11903574\" src=\"https://ww2.kqed.org/app/uploads/sites/10/2022/02/101321-_Stockton_Pollution_FG_CM_690.jpeg\" alt=\"A man with glasses stands against a blue wall outside of a building.\" width=\"1024\" height=\"682\" srcset=\"https://ww2.kqed.org/app/uploads/sites/10/2022/02/101321-_Stockton_Pollution_FG_CM_690.jpeg 1024w, https://ww2.kqed.org/app/uploads/sites/10/2022/02/101321-_Stockton_Pollution_FG_CM_690-800x533.jpeg 800w, https://ww2.kqed.org/app/uploads/sites/10/2022/02/101321-_Stockton_Pollution_FG_CM_690-1020x679.jpeg 1020w, https://ww2.kqed.org/app/uploads/sites/10/2022/02/101321-_Stockton_Pollution_FG_CM_690-160x107.jpeg 160w\" sizes=\"(max-width: 1024px) 100vw, 1024px\">\u003c/a>\u003cfigcaption class=\"wp-caption-text\">Dillon Delvo, executive director of Little Manila Rising, stands in front of a Stockton building that was originally the Filipino Recreation Hall but is now boarded up. \u003ccite>(Fred Greaves/CalMatters)\u003c/cite>\u003c/figcaption>\u003c/figure>\n\u003cp>“I think the intention of the legislation is good,” Delvo said. “But once it comes into the hands of whatever local agency is controlling it, they control the outcome of it. That’s the problem. That’s why you have widespread marginalization, specifically in the Central Valley.”\u003c/p>\n\u003cp>The effort in Stockton has been plagued by delays and jurisdictional infighting. One example: A program to monitor the air at local schools that stalled after the Stockton Unified School District refused to host the devices, according to the air district. Stockton Unified representatives did not respond to multiple requests for comment.\u003c/p>\n\u003cp>The \u003ca href=\"https://www.sacbee.com/opinion/op-ed/article253058573.html\">biggest battle\u003c/a> came when advocacy groups questioned a district program to provide $5 million to the port to help pay for cleaner equipment, tugboat engines and a pollution capture device for tankers.[pullquote align=\"right\" size=\"medium\" citation=\"Dillon Delvo, executive director, Little Manila Rising\"]'I think the intention of the legislation is good. But once it comes into the hands of whatever local agency is controlling it, they control the outcome of it.'[/pullquote]“If this is just a process where we’re handing out money to industry to subsidize expanding their emissions, then that’s not something that [we] can be in support of,” Catherine Garoupa White, executive director of the Central Valley Air Quality Coalition, said at a \u003ca href=\"https://youtu.be/MvPAVp7opWU?t=2978\">community steering committee meeting\u003c/a>.\u003c/p>\n\u003cp>Ultimately, state and local regulators approved a plan that eliminated the port incentives, but did not reallocate the $5 million to another Stockton program.\u003c/p>\n\u003cp>Home to fertilizer importers, petroleum and biodiesel storage, cement companies, a biomass burning facility and other industries, the port supports \u003ca href=\"https://www.portofstockton.com/wp-content/uploads/2013/10/POS_Facts_infographic.pdf\">thousands of jobs\u003c/a>. Another 400 acres are approved for new development. Some of its tenants are planning expansions, too.\u003c/p>\n\u003cp>But Jeff Wingfield, the port’s director of environmental and public affairs, said port expansion and pollution don’t necessarily go hand in hand. About 60% of the port’s cargo-handling equipment is zero emission, he said. Cleaning up operations is costly, so extra funding would help.\u003c/p>\n\u003cp>“Our annual budget is, like, $50 million. That’s a significant risk, and a significant investment for us,” he said.\u003c/p>\n\u003ch2 id=\"h-a-decades-long-battle-in-la-county-s-port-communities\">A decades-long battle in LA County's port communities\u003c/h2>\n\u003cp>About 350 miles south, in the southwestern end of Los Angeles County, Wilmington, Carson and West Long Beach joined the Community Air Protection Program a year ahead of Stockton.\u003c/p>\n\u003cp>District officials say two sets of important emission-cutting rules enacted last year were accelerated because of the environmental justice law.\u003c/p>\n\u003cp>People in the region, which is predominantly Latino, live with polluting industries almost in their backyards: \u003ca href=\"http://www.aqmd.gov/docs/default-source/ab-617-ab-134/steering-committees/wilmington/cerp/chapter-5b---draft---refineries---july-2019.pdf?sfvrsn=4#:~:text=The%20Wilmington%2C%20Carson%2C%20West%20Long,and%20two%20hydrogen%20production%20plants.\">five oil refineries\u003c/a>, nine rail yards, \u003ca href=\"https://www.porttechnology.org/news/top-5-ports-in-the-united-states/\">the nation’s two busiest ports\u003c/a>, 43 miles of freeway, three Superfund hazardous waste sites and other industrial facilities.\u003c/p>\n\u003cp>Residents in the\u003cstrong> \u003c/strong>Los Angeles/Long Beach port area visit emergency rooms for asthma attacks \u003ca href=\"http://www.aqmd.gov/docs/default-source/planning/mates-v/mates-v-final-report-9-24-21.pdf?sfvrsn=6\">40% more often\u003c/a> than the state average. And their cancer risk from toxic air, primarily from diesel exhaust, was \u003ca href=\"http://www.aqmd.gov/home/air-quality/air-quality-studies/health-studies/mates-v\">35% higher\u003c/a> than the Los Angeles basin’s average in 2018 — although less than \u003ca href=\"https://www.aqmd.gov/home/air-quality/air-quality-studies/health-studies/mates-iv\">half the estimates\u003c/a> for 2012 and 2013.\u003c/p>\n\u003cp>[ad fullwidth]After months of discussion with community activists, the South Coast Air Quality Management District \u003ca href=\"http://www.aqmd.gov/docs/default-source/ab-617-ab-134/steering-committees/wilmington/cerp/final-cerp-wcwlb.pdf?sfvrsn=8\">committed \u003c/a>to cutting smog-forming gases and sulfur from oil refineries in half by 2030, and in November set \u003ca href=\"http://www.aqmd.gov/docs/default-source/news-archive/2021/board-adopts-refinerery-rules-nov5-2021.pdf\">new mandates\u003c/a> to eliminate up to eight tons a day of emissions from 16 oil refineries and other industrial plants.\u003c/p>\n\u003cp>The new rules, projected to cost the companies \u003ca href=\"http://www.aqmd.gov/docs/default-source/Agendas/Governing-Board/2021/2021-Nov5-034.pdf?sfvrsn=6\">more than $2 billion\u003c/a>, are intended to satisfy \u003ca href=\"https://leginfo.legislature.ca.gov/faces/billTextClient.xhtml?bill_id=201720180AB617\">the environmental justice law’s requirement\u003c/a> that industries accelerate installation of the best available technology to control smog-forming emissions and other pollution. They also play a key role in the Los Angeles basin’s latest efforts to comply with national health standards for smog — a half-century-long quest for the nation’s smoggiest region.\u003c/p>\n\u003cp>In their negotiations, oil companies \u003ca href=\"http://www.aqmd.gov/docs/default-source/rule-book/Proposed-Rules/1109.1/wspa-pr1109-1-small-refinery-heaters-comment-letter-to-scaqmd-august-4-2021-(final)---copy.pdf?sfvrsn=4\">asked the district\u003c/a> to prove “both technical feasibility and cost effectiveness” and “provide a reasonable schedule” to install new technology on refinery heaters.\u003c/p>\n\u003cp>As a result, the timelines stretch to 2035 — far beyond the law’s Dec. 31, 2023, deadline. About half of the emissions reductions are expected by next year.\u003c/p>\n\u003cp>Another measure adopted last year takes aim at \u003ca href=\"https://www.aqmd.gov/docs/default-source/news-archive/2021/board-adopts-waisr-may7-2021.pdf\">diesel exhaust and smog-forming gases \u003c/a>from Southern California’s warehouses, a growing source in the San Bernardino area, which is another of the 15 communities in the state’s environmental justice program.\u003c/p>\n\u003cp>\u003ca href=\"https://www.baaqmd.gov/~/media/files/communications-and-outreach/publications/news-releases/2021/reg6_5_210721_2021_023-pdf.pdf?la=en\">The Bay Area also enacted a rule \u003c/a>last year to cut refinery pollution.\u003c/p>\n\u003cp>But in the Wilmington, Carson and West Long Beach area, advocates called the new refinery rule a limited victory that has taken, and will take, far too long.\u003c/p>\n\u003cp>Now all eyes have turned to pollution from the ports, where recent shipping backups have caused soot and smog to \u003ca href=\"https://ww2.arb.ca.gov/sites/default/files/2021-11/SPBP_Congestion_Anchorage_Emissions_Final.pdf\">skyrocket\u003c/a>. After years of negotiations with the Ports of Los Angeles and Long Beach, the air district board decided that if the port fails to come up with an acceptable \u003ca href=\"https://www.aqmd.gov/docs/default-source/planning/fbmsm-docs/08112021-draft-marine-ports-mou-pola-polb-staff.pdf?sfvrsn=6\">clean-air plan\u003c/a> by this Friday, \u003ca href=\"https://www.aqmd.gov/home/air-quality/clean-air-plans/air-quality-mgt-plan/facility-based-mobile-source-measures/comm-ports-wkng-grp\">the board will draft mandatory rules\u003c/a>.\u003c/p>\n\u003cp>“It’s still a battle to get clean-air regulation,” said Chris Chavez, who grew up in West Long Beach and is now deputy policy director with the Coalition for Clean Air. “It’s just that we have a better shot at it now than we had a couple years ago.”\u003c/p>\n\u003ch2 id=\"h-community-groups-call-for-change\">Community groups call for change\u003c/h2>\n\u003cp>After more than four years, the law has reached an inflection point.\u003c/p>\n\u003cp>\u003ca href=\"https://ww2.arb.ca.gov/sites/default/files/2021-09/PBP%20Writers%20Group%20Draft%20for%20CARB%202021.09.08_acc.pdf\">The People’s Blueprint\u003c/a>, proposed by community groups and environmental advocates, seeks explicit new policies and training promoting equity and inclusion. It also calls for greater transparency and community control over budgets, and consequences for air districts that fail to show progress or act without community input.\u003c/p>\n\u003cp>State air board officials \u003ca href=\"https://ww2.arb.ca.gov/sites/default/files/2021-09/Blueprint%20Process%209.8.21%20FNL_v3.pdf\">are reviewing\u003c/a> the proposal, and plan to draft new guidelines expected to be considered next year. “There is nothing off the table,” the air board’s Reyes told CalMatters. “We really need to find ways to expand the benefits of the program … because it’s not sustainable, especially if the funding levels stay consistent in the way that they have.”\u003c/p>\n\u003cp>Millions of Californians live in thousands of census tracts the state \u003ca href=\"https://calepa.ca.gov/wp-content/uploads/sites/6/2017/04/SB-535-Designation-Final.pdf\">considers disadvantaged\u003c/a>, in part because they may bear disproportionate burdens of pollution. Focusing on only 15 communities “is not satisfying,” said Garcia, the original bill's author. “We’re leaving behind a bunch of potential communities, and they all deserve justice.”[pullquote align=\"right\" size=\"medium\" citation=\"Chris Chavez, deputy policy director, Coalition for Clean Air\"]'It's still a battle to get clean air regulation. It's just that we have a better shot at it now than we had a couple years ago.'[/pullquote]Legislative efforts \u003ca href=\"https://www.ccair.org/advancing-environmental-justice-through-law/\">to tackle environmental justice\u003c/a> more widely, however, have stalled.\u003c/p>\n\u003cp>Last year, Garcia introduced a bill barring refineries and other facilities that fail to promptly install the latest pollution-scrubbing technology from participating in cap and trade. Bills in the \u003ca href=\"https://leginfo.legislature.ca.gov/faces/billTextClient.xhtml?bill_id=202120220SB342\">Senate\u003c/a> and \u003ca href=\"https://leginfo.legislature.ca.gov/faces/billTextClient.xhtml?bill_id=202120220AB1296\">Assembly\u003c/a> proposed \u003ca href=\"https://leginfo.legislature.ca.gov/faces/billTextClient.xhtml?bill_id=202120220SB342\">adding environmental justice representatives\u003c/a> to the Los Angeles basin air district’s board. Two more bills tried to take aim at \u003ca href=\"https://leginfo.legislature.ca.gov/faces/billTextClient.xhtml?bill_id=202120220SB499\">industrial\u003c/a> and \u003ca href=\"https://leginfo.legislature.ca.gov/faces/billTextClient.xhtml?bill_id=202120220AB1547\">warehouse\u003c/a> expansion.\u003c/p>\n\u003cp>None succeeded, though some have \u003ca href=\"https://leginfo.legislature.ca.gov/faces/billNavClient.xhtml?bill_id=202120220SB342\">already\u003c/a> \u003ca href=\"https://leginfo.legislature.ca.gov/faces/billNavClient.xhtml?bill_id=202120220AB1001\">been\u003c/a> \u003ca href=\"https://leginfo.legislature.ca.gov/faces/billStatusClient.xhtml?bill_id=202120220AB1547\">revived\u003c/a> for another pass through the Legislature.\u003c/p>\n\u003cp>In the meantime, residents across the state are still waiting to find out whether California’s landmark environmental justice law will make a difference in their daily lives.\u003c/p>\n\u003cp>If not, “then community members and organizations have to take matters into their own hands,” Pana said, standing outside her old school in Stockton. “We’re going to keep fighting for it.”\u003c/p>\n\u003cp>[ad floatright]\u003c/p>\n","disqusIdentifier":"11903447 https://ww2.kqed.org/news/?p=11903447","disqusUrl":"https://ww2.kqed.org/news/2022/02/01/the-jurys-out-is-californias-landmark-environmental-justice-law-helping-communities-with-the-dirtiest-air/","stats":{"hasVideo":false,"hasChartOrMap":true,"hasAudio":false,"hasPolis":false,"wordCount":3615,"hasGoogleForm":false,"hasGallery":false,"hasHearkenModule":false,"iframeSrcs":["https://calmatters-ab617-maps.netlify.app/#amp=1"],"paragraphCount":79},"modified":1643759286,"excerpt":"The 2017 law is meant to improve air quality in 15 hot spot communities, home to nearly 4 million people. But after more than 4 years and $1 billion invested, it remains unclear how much of a difference it's made.\r\n\r\n","headData":{"twImgId":"","twTitle":"","ogTitle":"","ogImgId":"","twDescription":"","description":"The 2017 law is meant to improve air quality in 15 hot spot communities, home to nearly 4 million people. But after more than 4 years and $1 billion invested, it remains unclear how much of a difference it's made.\r\n\r\n","title":"'The Jury's Out': Is California's Landmark Environmental Justice Law Helping Communities With the Dirtiest Air? | KQED","ogDescription":"","schema":{"@context":"http://schema.org","@type":"NewsArticle","headline":"'The Jury's Out': Is California's Landmark Environmental Justice Law Helping Communities With the Dirtiest Air?","datePublished":"2022-02-01T13:56:08-08:00","dateModified":"2022-02-01T15:48:06-08:00","image":"https://ww2.kqed.org/app/uploads/sites/10/2022/02/101321-_Stockton_Pollution_FG_CM_0657-1020x680.jpeg","isAccessibleForFree":"True","publisher":{"@type":"NewsMediaOrganization","@id":"https://www.kqed.org/#organization","name":"KQED","url":"https://www.kqed.org","logo":"https://cdn.kqed.org/wp-content/uploads/2020/02/KQED-OG-Image@1x.png"}},"authorsData":[{"type":"authors","id":"byline_news_11903447","meta":{"override":true},"slug":"byline_news_11903447","name":"\u003ca href=\"https://calmatters.org/author/rachel-becker/\">Rachel Becker\u003c/a>","isLoading":false}],"imageData":{"ogImageSize":{"file":"https://ww2.kqed.org/app/uploads/sites/10/2022/02/101321-_Stockton_Pollution_FG_CM_0657-1020x680.jpeg","width":1020,"mimeType":"image/jpeg","height":680},"ogImageWidth":"1020","ogImageHeight":"680","twitterImageUrl":"https://ww2.kqed.org/app/uploads/sites/10/2022/02/101321-_Stockton_Pollution_FG_CM_0657-1020x680.jpeg","twImageSize":{"file":"https://ww2.kqed.org/app/uploads/sites/10/2022/02/101321-_Stockton_Pollution_FG_CM_0657-1020x680.jpeg","width":1020,"mimeType":"image/jpeg","height":680},"twitterCard":"summary_large_image"},"tagData":{"tags":["air pollution","air quality","environmental justice"]}},"guestAuthors":[],"slug":"the-jurys-out-is-californias-landmark-environmental-justice-law-helping-communities-with-the-dirtiest-air","status":"publish","sourceUrl":"https://calmatters.org/","nprByline":"\u003ca href=\"https://calmatters.org/author/rachel-becker/\">Rachel Becker\u003c/a>","excludeFromSiteSearch":"Include","source":"CalMatters","showOnAuthorArchivePages":"No","path":"/news/11903447/the-jurys-out-is-californias-landmark-environmental-justice-law-helping-communities-with-the-dirtiest-air","audioTrackLength":null,"parsedContent":[{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>\u003cp>The South Stockton classroom where Ashley Pearl Pana spent recess trapped indoors is still there, 16 years later.\u003c/p>\n\u003cp>When the wind stirred up dust and soot, when the sun stewed smokestack and tailpipe exhaust into smog, when pollution squeezed her airways, Pana’s asthma forced her inside, behind the classroom’s closed door.\u003c/p>\n\u003cp>“All the kids were playing outside, and I’d just watch them through the windows,” Pana, now 23, said while visiting her old elementary school. A new generation of children, masked against COVID-19’s newest threats to still-developing lungs, ran in the playground.\u003c/p>\n\u003cp>\u003c/p>\u003c/div>","attributes":{"named":{},"numeric":[]}},{"type":"component","content":"'No matter what, air quality is always an issue in my life, something I have to be constantly aware about.'","name":"pullquote","attributes":{"named":{"align":"right","size":"medium","citation":"Ashley Pearl Pana, Stockton resident","label":""},"numeric":[]}},{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>It was a clear day, the kind that makes South Stockton’s consistently filthy air difficult to imagine. But in \u003ca href=\"https://oehha.ca.gov/calenviroscreen/maps-data\">one of California’s most dangerously polluted communities\u003c/a>, emergency room visits for asthma attacks are among the highest in the state.\u003c/p>\n\u003cp>“No matter what, air quality is always an issue in my life,” Pana said, “something I have to be constantly aware about.”\u003c/p>\n\u003cp>\u003ca href=\"https://leginfo.legislature.ca.gov/faces/billNavClient.xhtml?bill_id=201720180AB617\">Assembly Bill 617, passed in 2017\u003c/a>, requires local air districts and the state Air Resources Board to reduce air pollution in marginalized communities. The law established the \u003ca href=\"https://ww2.arb.ca.gov/capp\">Community Air Protection Program\u003c/a>, which tasks residents and local officials with shaping regulations and steering state money to a handful of hot spots.\u003c/p>\n\u003cp>Hailed as “\u003ca href=\"https://blogs.edf.org/climate411/2017/07/12/california-models-climate-and-air-pollution-action-with-balanced-approach/\">unprecedented\u003c/a>” by some environmental groups, the law was supposed to create a program to measure and combat air pollution at the neighborhood level.\u003c/p>\n\u003cp>So far, more than $1 billion in state funds has been appropriated for community grants, industry incentives and government costs. But it's still not possible to gauge whether the program will improve the smoggy and toxic air that almost 4 million people breathe in \u003ca href=\"https://ww2.arb.ca.gov/capp-communities\">15 communities.\u003c/a>\u003c/p>\n\u003cp>Most of those \u003ca href=\"https://ww2.arb.ca.gov/capp-communities\">communities\u003c/a> — including Richmond, West Oakland, Stockton, San Bernardino and Wilmington — have high poverty rates and are predominantly Latino, Black and Asian American.\u003c/p>\n\u003cp>Now, even as the law’s clean-air program prepares to fold in new neighborhoods, a major question lingers: Is it working?\u003c/p>\n\u003cp>“The jury’s out,” said \u003ca href=\"https://humanecology.ucdavis.edu/jonathan-london\">Jonathan London\u003c/a>, an associate professor of human ecology at UC Davis who is keeping tabs on the law. It’s “an ongoing experiment with the potential for significant benefits, but also significant obstacles.”\u003c/p>\n\u003cp>But environmental justice advocates have called the law \u003ca href=\"https://caleja.org/2017/07/justice-deferred-a-break-down-of-californias-cap-trade-bill-from-the-environmental-justice-perspective/\">toothless\u003c/a>, and \u003ca href=\"https://caleja.org/wp-content/uploads/2021/05/CEJA_AB617_r4-2.pdf\">warn that\u003c/a> it has “largely failed to produce the promised quantifiable, permanent, and enforceable emissions reductions.”\u003c/p>\n\u003cfigure id=\"attachment_11903595\" class=\"wp-caption aligncenter\" style=\"max-width: 1399px\">\u003ca href=\"https://ww2.kqed.org/app/uploads/sites/10/2022/02/Screen-Shot-2022-02-01-at-1.29.49-PM.png\">\u003cimg class=\"size-full wp-image-11903595\" src=\"https://ww2.kqed.org/app/uploads/sites/10/2022/02/Screen-Shot-2022-02-01-at-1.29.49-PM.png\" alt=\"Left photo: A woman wearing glasses. Right photo: A woman's hands, filled with various breathing medications.\" width=\"1399\" height=\"485\" srcset=\"https://ww2.kqed.org/app/uploads/sites/10/2022/02/Screen-Shot-2022-02-01-at-1.29.49-PM.png 1399w, https://ww2.kqed.org/app/uploads/sites/10/2022/02/Screen-Shot-2022-02-01-at-1.29.49-PM-800x277.png 800w, https://ww2.kqed.org/app/uploads/sites/10/2022/02/Screen-Shot-2022-02-01-at-1.29.49-PM-1020x354.png 1020w, https://ww2.kqed.org/app/uploads/sites/10/2022/02/Screen-Shot-2022-02-01-at-1.29.49-PM-160x55.png 160w\" sizes=\"(max-width: 1399px) 100vw, 1399px\">\u003c/a>\u003cfigcaption class=\"wp-caption-text\">Ashley Pearl Pana (left) in South Stockton, where she grew up. Pana (right) shows the inhalers and other medication she uses daily to manage her asthma. \u003ccite>(Fred Greaves/CalMatters)\u003c/cite>\u003c/figcaption>\u003c/figure>\n\u003cp>The struggle to achieve the law’s ambitious goals has been marked by battles between residents and local air regulators, and by jurisdictional juggling among agencies, each responsible for a different portion of pollution. Meanwhile, people continue to suffer from inhaling dirty air.\u003c/p>\n\u003cp>“Is it having the improvements that I want it to have, at the level that I wanted to have? No, we need a lot more,” said Assemblymember \u003ca href=\"https://a58.asmdc.org/\">Cristina Garcia\u003c/a>, a Democrat from Bell Gardens, who authored the bill. “Is it engaging the community and empowering them, so they could push for change? Oh, definitely.”\u003c/p>\n\u003cp>The law is just one tool — and, its author acknowledges, an imperfect one at that — intending to fix decades of environmental racism, questionable land-use decisions and \u003ca href=\"https://calmatters.org/housing/2021/11/california-housing-crisis-podcast-freeways/\">freeway construction\u003c/a> that have left \u003ca href=\"https://www.ucsusa.org/sites/default/files/attach/2019/02/cv-air-pollution-CA-web.pdf\">poor communities of color\u003c/a> hemmed in \u003ca href=\"https://storymaps.arcgis.com/stories/f555670d30a942e4b46b18293e2795a7\">by California’s industrial corridors\u003c/a>. It’s a monumental task, and experts say no one law will be a panacea.\u003c/p>\n\u003cp>At stake is the health of \u003ca href=\"https://storymaps.arcgis.com/stories/f555670d30a942e4b46b18293e2795a7\">millions of people\u003c/a> who live near California’s refineries, ports and freeways that are the sources of smog and other toxic pollutants that trigger asthma attacks and have been linked to cancer.\u003c/p>\n\u003cp>California Air Resources Board staff recently \u003ca href=\"https://www.arb.ca.gov/board/mt/2021/mt102821.pdf?_ga=2.69808464.133961995.1641835269-324582198.1598231589\">called it\u003c/a> “a catalyst to change the way we work with communities.”\u003c/p>\n\u003cp>Yet some Stockton residents and community groups have had a far different experience, tangling with local air regulators about funding decisions and delayed air-pollution monitoring.\u003c/p>\n\u003cp>“At the beginning of this process, we were all kumbaya,” said Dillon Delvo, executive director of Little Manila Rising, a historic preservation organization turned environmental justice group in South Stockton.\u003c/p>\n\u003cp>“By the end,” he said, “it was terrible.”\u003c/p>\n\u003ch2 id=\"h-tremendous-amount-of-frustration\">'Tremendous amount of frustration'\u003c/h2>\n\u003cp>For more than half a century, California’s \u003ca href=\"https://ww2.arb.ca.gov/about/history\">state\u003c/a> and \u003ca href=\"https://www.aqmd.gov/home/research/publications/50-years-of-progress\">local air regulators\u003c/a> have enacted pioneering rules to clean up pollution from smokestacks and tailpipes. Trailblazing mandates \u003ca href=\"https://calmatters.org/environment/2021/03/california-diesel-rules/\">to tackle diesel exhaust\u003c/a> — a known carcinogen — and other toxic air contaminants \u003ca href=\"https://pubs.acs.org/doi/full/10.1021/acs.est.5b02766\">cut Californians’ risk of getting cancer from bad air by 76%\u003c/a>.\u003c/p>\n\u003cp>But it hasn’t been enough. Parts of California still have the \u003ca href=\"https://www.lung.org/research/sota/city-rankings/most-polluted-cities\">worst air quality in the country\u003c/a>, with about 87% of Californians living in areas that exceeded federal healthy air standards in 2020.\u003c/p>\n\u003cp>In the San Joaquin Valley alone, breathing fine particles is estimated to cause \u003ca href=\"https://ww2.arb.ca.gov/news/clean-air-plan-san-joaquin-valley-first-meet-all-federal-standards-fine-particle-pollution\">1,200 premature deaths\u003c/a> from respiratory and heart disease per year. Poor communities of color are still exposed to \u003ca href=\"https://ww2.arb.ca.gov/sites/default/files/2020-03/final_community_air_protection_blueprint_october_2018_acc.pdf\">double the cancer-causing diesel exhaust\u003c/a> than that of their more affluent neighbors.\u003c/p>\n\u003cp>\u003c!-- iframe plugin v.4.3 wordpress.org/plugins/iframe/ -->\u003cbr>\n\u003ciframe src=\"https://calmatters-ab617-maps.netlify.app/#amp=1\" width=\"1000\" height=\"780\" scrolling=\"yes\" class=\"iframe-class\" frameborder=\"0\">\u003c/iframe>\u003c/p>\n\u003cp>Garcia’s law aimed to tackle pollution hot spots by creating a greater role for community activists and residents in the complex regulatory process. Local air districts responsible for regulating smokestack pollution must now work with communities to craft clean-air plans. The law also calls for increased air monitoring, bigger fines for polluters and faster deployment of new pollution-scrubbing retrofits on smokestacks.\u003c/p>\n\u003cp>\u003ca href=\"https://ww2.arb.ca.gov/news/carb-announces-new-director-office-community-air-protection#:~:text=SACRAMENTO%20%E2%80%93%20Today%20CARB%20Executive%20Officer,Community%20Air%20Protection%20(DOCAP).\">Deldi Reyes\u003c/a>, director of the Air Resources Board’s Office of Community Air Protection, told board members at an October meeting that there has been progress since the environmental justice law was enacted, with an estimated 75 tons of fine particles expected to be cut across 11 communities — equivalent to removing 75,000 heavy-duty diesel trucks from California roads.\u003c/p>\n\u003cp>But neither \u003ca href=\"https://leginfo.legislature.ca.gov/faces/billNavClient.xhtml?bill_id=201720180AB617\">the law\u003c/a> nor \u003ca href=\"https://ww2.arb.ca.gov/resources/documents/final-community-air-protection-blueprint\">the state-developed guidelines\u003c/a> for its implementation include specific targets for measurably improving air quality or public health in the selected communities. Though the program relies heavily on time and effort from community members, decision-making is ultimately left to state and local air regulators.\u003c/p>\n\u003cp>“I’d like to see more accountability built into the program,” said \u003ca href=\"https://ww2.arb.ca.gov/about/leadership/john-r-balmes-md\">Dr. John Balmes\u003c/a>, a professor of medicine at UCSF and a member of the California Air Resources Board. “I don’t think that’s too much to ask.”\u003c/p>\n\u003cp>Reyes, however, urged patience. \u003ca href=\"https://ww3.arb.ca.gov/board/books/2021/102821/21-11-3pres.pdf\">Of the 15 communities\u003c/a>, three are still developing their clean-air plans and four are in their first year of implementation, she said. “It’s just too early to point to any of the communities and say, ‘Oh, they haven’t met their goals.’ Air quality does not change on a dime.”\u003c/p>\n\u003cp>An environmental justice advocate in Oakland, \u003ca href=\"https://woeip.org/about-woeip/margaret-gordon/\">Margaret Gordon\u003c/a>, agreed. “This is not instant. This is not Top Ramen.”\u003c/p>\n\u003cp>\u003ca href=\"https://calmatters.org/health/2017/07/california-environmental-success-poor-communities-remain-polluted/\">Even the law’s birth\u003c/a> was contentious.\u003c/p>\n\u003cp>The legislation was framed as a companion to a bill \u003ca href=\"https://calmatters.org/environment/2017/08/california-climate-deal-net-big-bucks-polluters/\">extending the life of cap and trade\u003c/a>, California’s trailblazing carbon market designed to reduce climate-warming emissions. Under cap and trade, companies operating refineries, power plants and other industrial facilities can buy or trade credits to meet a declining cap on greenhouse gases without cutting local pollution.\u003c/p>\u003c/div>","attributes":{"named":{},"numeric":[]}},{"type":"component","content":"","name":"aside","attributes":{"named":{"label":"Related Coverage ","tag":"environmental-justice"},"numeric":[]}},{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>Environmental justice advocates fought the cap-and-trade extension, \u003ca href=\"https://calmatters.org/environment/2017/07/pollution-bill-legislature-just-passed-downpayment-environmental-justice/\">declaring it a “deal with the devil”\u003c/a> that \u003ca href=\"https://www.auditor.on.ca/en/content/reporttopics/envother/env17_other/From-Plan-to-Progress-Appendix-A.pdf\">usurped local power\u003c/a> to cut carbon emissions from industrial facilities like refineries. \u003ca href=\"https://journals.plos.org/plosmedicine/article?id=10.1371/journal.pmed.1002604\">One analysis\u003c/a> found that neighborhoods with increasing pollution during cap and trade’s early years were more likely home to people of color and people living in poverty.\u003c/p>\n\u003cp>The new law — less stringent than \u003ca href=\"https://leginfo.legislature.ca.gov/faces/billTextClient.xhtml?bill_id=201720180AB378\">an earlier version\u003c/a> that died in the Assembly — was supposed to end the unequal pollution burden.\u003c/p>\n\u003cp>Yet many residents and environmental justice advocates say the law pits disadvantaged communities against each other for selection in the program, and its effectiveness varies drastically by air district. In \u003ca href=\"https://ww2.arb.ca.gov/sites/default/files/2020-10/17RD035%20-%20English%20-%20AB%20617%20UC%20Davis%20Report%20Final%20for%20distribution.pdf\">a UC Davis assessment\u003c/a>, participants described a program that fails to provide adequate training for community members who may have language barriers and limited knowledge of topics like refinery flares and pollution controls for ships.\u003c/p>\n\u003cp>“This was like a beautiful thing that was going to bring us something into our communities to protect them from cap and trade, and also try to get the community involved,” said \u003ca href=\"https://www.linkedin.com/in/magali-sanchez-hall-4617b048/\">Magali Sanchez-Hall\u003c/a>, an environmental activist and resident of Wilmington, in Los Angeles County. “That’s not what I have experienced, at all.”\u003c/p>\n\u003cp>The oil industry, \u003ca href=\"https://ww2.arb.ca.gov/applications/stationary-source-emissions\">a major source\u003c/a> of industrial air pollution, has said it supports the intent of the environmental justice law. But at the negotiating table with legislators, \u003ca href=\"https://calmatters.org/health/2017/07/california-environmental-success-poor-communities-remain-polluted/\">it pushed back against stricter controls\u003c/a> over pollution and later tried, \u003ca href=\"https://ww2.arb.ca.gov/sites/default/files/2018-10/final_community_air_protection_blueprint_october_2018_appendix_c.pdf\">but failed\u003c/a>, to remove language in state guidelines that called for the “most stringent approaches for reducing emissions.”\u003c/p>\n\u003cp>State and local air regulators list frustrations of their own in implementing the law: insufficient funding, inadequate time to repair community relationships damaged over decades, and no new authority over local governments’ land-use decisions, such as warehouse construction.\u003c/p>\n\u003cp>“There is a tremendous amount of frustration between the various community groups and the district,” said Wayne Nastri, executive officer of the South Coast Air Quality Management District, the powerful agency responsible for the\u003ca href=\"https://www.aqmd.gov/nav/about\"> air quality of about17 million people\u003c/a> in the Los Angeles basin. “It’s difficult to put those programs together when there isn’t trust between the community groups and the regulators.”\u003c/p>\n\u003ch2 id=\"h-asthma-freeways-and-port-pollution-in-stockton\">Asthma, freeways and port pollution in Stockton\u003c/h2>\n\u003cp>On the banks of the \u003ca href=\"http://delta.ca.gov/wp-content/uploads/2020/09/Delta-Map-2020-508.pdf\">San Joaquin River\u003c/a> sits Stockton, home to an inland port. Trucks roar over freeways that cleave a city spotted with heavy industry, creased by rail lines and ringed by farm fields.\u003c/p>\n\u003cp>Vehicles are a major source of smog and fine particles in South Stockton, with port-related operations accounting for about a quarter of the area’s dangerous diesel exhaust. Two of the 18 Stockton census tracts included in the state \u003ca href=\"https://ww2.arb.ca.gov/capp\">program\u003c/a> are ranked within the top 1% of the most pollution-burdened areas in California. Eleven are in the top 25%.\u003c/p>\n\u003cfigure id=\"attachment_11903575\" class=\"wp-caption aligncenter\" style=\"max-width: 1024px\">\u003ca href=\"https://ww2.kqed.org/app/uploads/sites/10/2022/02/101321-_Stockton_Pollution_FG_CM_642.jpeg\">\u003cimg class=\"size-full wp-image-11903575\" src=\"https://ww2.kqed.org/app/uploads/sites/10/2022/02/101321-_Stockton_Pollution_FG_CM_642.jpeg\" alt=\"A large highway over a river.\" width=\"1024\" height=\"682\" srcset=\"https://ww2.kqed.org/app/uploads/sites/10/2022/02/101321-_Stockton_Pollution_FG_CM_642.jpeg 1024w, https://ww2.kqed.org/app/uploads/sites/10/2022/02/101321-_Stockton_Pollution_FG_CM_642-800x533.jpeg 800w, https://ww2.kqed.org/app/uploads/sites/10/2022/02/101321-_Stockton_Pollution_FG_CM_642-1020x679.jpeg 1020w, https://ww2.kqed.org/app/uploads/sites/10/2022/02/101321-_Stockton_Pollution_FG_CM_642-160x107.jpeg 160w\" sizes=\"(max-width: 1024px) 100vw, 1024px\">\u003c/a>\u003cfigcaption class=\"wp-caption-text\">Interstate 5 cuts over a channel off the San Joaquin River in Stockton, where freeways are a major source of pollution. The city has some of the highest rates of emergency room visits for asthma in the state. \u003ccite>(Fred Greaves/CalMatters)\u003c/cite>\u003c/figcaption>\u003c/figure>\n\u003cp>Among the most \u003ca href=\"https://www.usnews.com/info/blogs/press-room/articles/2020-01-22/us-news-special-report-stockton-calif-is-the-most-diverse-city-in-america\">racially diverse cities in the country\u003c/a>, Stockton bears the scars of \u003ca href=\"https://storymaps.arcgis.com/stories/f167b251809c43778a2f9f040f43d2f5\">racial residential segregation and redlining\u003c/a>. State and local officials plowed the Crosstown Freeway through communities of color, with demolitions and displacements starting in the late 1960s.\u003c/p>\n\u003cp>Among the neighborhoods crushed beneath freeway expansion was Little Manila, where only two of the original buildings in a once-vibrant Filipino American community remain.\u003c/p>\n\u003cp>Stockton neighborhoods, especially those near the freeways, have some of the highest rates of asthma-related emergency room visits in California.\u003c/p>\n\u003cp>Delvo, a second-generation Filipino American who co-founded Little Manila Rising, a community preservation group, is also fighting for clean air.\u003c/p>\n\u003cp>“It would be irresponsible for us to try to save these buildings and expect people to come here, when \u003cem>this,” \u003c/em>said Delvo, gesturing at the freeway looming over him, his voice raised over the roaring trucks, “exists right here. And the fact is that there are families in this community that need to breathe this air.”\u003c/p>\n\u003cp>For Pana, the consequences of a childhood spent in South Stockton still linger. Her family moved there from the Philippines when she was 2 years old.\u003c/p>\n\u003cp>Pana has gone to the emergency room twice in just the past year for asthma attacks, and uses inhalers and other medications on a daily basis to keep her airways open.\u003c/p>\n\u003cp>“That’s just my life, and it was normalized,” said Pana, an aspiring social worker and former youth climate advocate with Little Manila Rising. “It’s not normal.”\u003c/p>\n\u003cp>Joining the Community Air Protection Program, however, hasn’t been the salve for generations of environmental racism that Pana, Delvo and others had hoped for.\u003c/p>\n\u003cp>Delvo once sat on \u003ca href=\"https://community.valleyair.org/media/1697/member-reference-guide.pdf\">the program’s community steering committee\u003c/a> before a colleague took over the role. Now he wonders whether the law can ever really be effective, given its reliance on air districts like the San Joaquin Valley Air Pollution Control District that have long presided over \u003ca href=\"https://www.epa.gov/sanjoaquinvalley/epa-activities-cleaner-air\">some of the most polluted air in the country\u003c/a>. At a \u003ca href=\"https://youtu.be/hjn8PFJ0M-g?t=8459\">board meeting\u003c/a>, a top air district official called the committee merely a “consultative body” without “any direct authority.”\u003c/p>\n\u003cfigure id=\"attachment_11903574\" class=\"wp-caption aligncenter\" style=\"max-width: 1024px\">\u003ca href=\"https://ww2.kqed.org/app/uploads/sites/10/2022/02/101321-_Stockton_Pollution_FG_CM_690.jpeg\">\u003cimg class=\"size-full wp-image-11903574\" src=\"https://ww2.kqed.org/app/uploads/sites/10/2022/02/101321-_Stockton_Pollution_FG_CM_690.jpeg\" alt=\"A man with glasses stands against a blue wall outside of a building.\" width=\"1024\" height=\"682\" srcset=\"https://ww2.kqed.org/app/uploads/sites/10/2022/02/101321-_Stockton_Pollution_FG_CM_690.jpeg 1024w, https://ww2.kqed.org/app/uploads/sites/10/2022/02/101321-_Stockton_Pollution_FG_CM_690-800x533.jpeg 800w, https://ww2.kqed.org/app/uploads/sites/10/2022/02/101321-_Stockton_Pollution_FG_CM_690-1020x679.jpeg 1020w, https://ww2.kqed.org/app/uploads/sites/10/2022/02/101321-_Stockton_Pollution_FG_CM_690-160x107.jpeg 160w\" sizes=\"(max-width: 1024px) 100vw, 1024px\">\u003c/a>\u003cfigcaption class=\"wp-caption-text\">Dillon Delvo, executive director of Little Manila Rising, stands in front of a Stockton building that was originally the Filipino Recreation Hall but is now boarded up. \u003ccite>(Fred Greaves/CalMatters)\u003c/cite>\u003c/figcaption>\u003c/figure>\n\u003cp>“I think the intention of the legislation is good,” Delvo said. “But once it comes into the hands of whatever local agency is controlling it, they control the outcome of it. That’s the problem. That’s why you have widespread marginalization, specifically in the Central Valley.”\u003c/p>\n\u003cp>The effort in Stockton has been plagued by delays and jurisdictional infighting. One example: A program to monitor the air at local schools that stalled after the Stockton Unified School District refused to host the devices, according to the air district. Stockton Unified representatives did not respond to multiple requests for comment.\u003c/p>\n\u003cp>The \u003ca href=\"https://www.sacbee.com/opinion/op-ed/article253058573.html\">biggest battle\u003c/a> came when advocacy groups questioned a district program to provide $5 million to the port to help pay for cleaner equipment, tugboat engines and a pollution capture device for tankers.\u003c/p>\u003c/div>","attributes":{"named":{},"numeric":[]}},{"type":"component","content":"'I think the intention of the legislation is good. But once it comes into the hands of whatever local agency is controlling it, they control the outcome of it.'","name":"pullquote","attributes":{"named":{"align":"right","size":"medium","citation":"Dillon Delvo, executive director, Little Manila Rising","label":""},"numeric":[]}},{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>“If this is just a process where we’re handing out money to industry to subsidize expanding their emissions, then that’s not something that [we] can be in support of,” Catherine Garoupa White, executive director of the Central Valley Air Quality Coalition, said at a \u003ca href=\"https://youtu.be/MvPAVp7opWU?t=2978\">community steering committee meeting\u003c/a>.\u003c/p>\n\u003cp>Ultimately, state and local regulators approved a plan that eliminated the port incentives, but did not reallocate the $5 million to another Stockton program.\u003c/p>\n\u003cp>Home to fertilizer importers, petroleum and biodiesel storage, cement companies, a biomass burning facility and other industries, the port supports \u003ca href=\"https://www.portofstockton.com/wp-content/uploads/2013/10/POS_Facts_infographic.pdf\">thousands of jobs\u003c/a>. Another 400 acres are approved for new development. Some of its tenants are planning expansions, too.\u003c/p>\n\u003cp>But Jeff Wingfield, the port’s director of environmental and public affairs, said port expansion and pollution don’t necessarily go hand in hand. About 60% of the port’s cargo-handling equipment is zero emission, he said. Cleaning up operations is costly, so extra funding would help.\u003c/p>\n\u003cp>“Our annual budget is, like, $50 million. That’s a significant risk, and a significant investment for us,” he said.\u003c/p>\n\u003ch2 id=\"h-a-decades-long-battle-in-la-county-s-port-communities\">A decades-long battle in LA County's port communities\u003c/h2>\n\u003cp>About 350 miles south, in the southwestern end of Los Angeles County, Wilmington, Carson and West Long Beach joined the Community Air Protection Program a year ahead of Stockton.\u003c/p>\n\u003cp>District officials say two sets of important emission-cutting rules enacted last year were accelerated because of the environmental justice law.\u003c/p>\n\u003cp>People in the region, which is predominantly Latino, live with polluting industries almost in their backyards: \u003ca href=\"http://www.aqmd.gov/docs/default-source/ab-617-ab-134/steering-committees/wilmington/cerp/chapter-5b---draft---refineries---july-2019.pdf?sfvrsn=4#:~:text=The%20Wilmington%2C%20Carson%2C%20West%20Long,and%20two%20hydrogen%20production%20plants.\">five oil refineries\u003c/a>, nine rail yards, \u003ca href=\"https://www.porttechnology.org/news/top-5-ports-in-the-united-states/\">the nation’s two busiest ports\u003c/a>, 43 miles of freeway, three Superfund hazardous waste sites and other industrial facilities.\u003c/p>\n\u003cp>Residents in the\u003cstrong> \u003c/strong>Los Angeles/Long Beach port area visit emergency rooms for asthma attacks \u003ca href=\"http://www.aqmd.gov/docs/default-source/planning/mates-v/mates-v-final-report-9-24-21.pdf?sfvrsn=6\">40% more often\u003c/a> than the state average. And their cancer risk from toxic air, primarily from diesel exhaust, was \u003ca href=\"http://www.aqmd.gov/home/air-quality/air-quality-studies/health-studies/mates-v\">35% higher\u003c/a> than the Los Angeles basin’s average in 2018 — although less than \u003ca href=\"https://www.aqmd.gov/home/air-quality/air-quality-studies/health-studies/mates-iv\">half the estimates\u003c/a> for 2012 and 2013.\u003c/p>\n\u003cp>\u003c/p>\u003c/div>","attributes":{"named":{},"numeric":[]}},{"type":"component","content":"","name":"ad","attributes":{"named":{"label":"fullwidth"},"numeric":["fullwidth"]}},{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>After months of discussion with community activists, the South Coast Air Quality Management District \u003ca href=\"http://www.aqmd.gov/docs/default-source/ab-617-ab-134/steering-committees/wilmington/cerp/final-cerp-wcwlb.pdf?sfvrsn=8\">committed \u003c/a>to cutting smog-forming gases and sulfur from oil refineries in half by 2030, and in November set \u003ca href=\"http://www.aqmd.gov/docs/default-source/news-archive/2021/board-adopts-refinerery-rules-nov5-2021.pdf\">new mandates\u003c/a> to eliminate up to eight tons a day of emissions from 16 oil refineries and other industrial plants.\u003c/p>\n\u003cp>The new rules, projected to cost the companies \u003ca href=\"http://www.aqmd.gov/docs/default-source/Agendas/Governing-Board/2021/2021-Nov5-034.pdf?sfvrsn=6\">more than $2 billion\u003c/a>, are intended to satisfy \u003ca href=\"https://leginfo.legislature.ca.gov/faces/billTextClient.xhtml?bill_id=201720180AB617\">the environmental justice law’s requirement\u003c/a> that industries accelerate installation of the best available technology to control smog-forming emissions and other pollution. They also play a key role in the Los Angeles basin’s latest efforts to comply with national health standards for smog — a half-century-long quest for the nation’s smoggiest region.\u003c/p>\n\u003cp>In their negotiations, oil companies \u003ca href=\"http://www.aqmd.gov/docs/default-source/rule-book/Proposed-Rules/1109.1/wspa-pr1109-1-small-refinery-heaters-comment-letter-to-scaqmd-august-4-2021-(final)---copy.pdf?sfvrsn=4\">asked the district\u003c/a> to prove “both technical feasibility and cost effectiveness” and “provide a reasonable schedule” to install new technology on refinery heaters.\u003c/p>\n\u003cp>As a result, the timelines stretch to 2035 — far beyond the law’s Dec. 31, 2023, deadline. About half of the emissions reductions are expected by next year.\u003c/p>\n\u003cp>Another measure adopted last year takes aim at \u003ca href=\"https://www.aqmd.gov/docs/default-source/news-archive/2021/board-adopts-waisr-may7-2021.pdf\">diesel exhaust and smog-forming gases \u003c/a>from Southern California’s warehouses, a growing source in the San Bernardino area, which is another of the 15 communities in the state’s environmental justice program.\u003c/p>\n\u003cp>\u003ca href=\"https://www.baaqmd.gov/~/media/files/communications-and-outreach/publications/news-releases/2021/reg6_5_210721_2021_023-pdf.pdf?la=en\">The Bay Area also enacted a rule \u003c/a>last year to cut refinery pollution.\u003c/p>\n\u003cp>But in the Wilmington, Carson and West Long Beach area, advocates called the new refinery rule a limited victory that has taken, and will take, far too long.\u003c/p>\n\u003cp>Now all eyes have turned to pollution from the ports, where recent shipping backups have caused soot and smog to \u003ca href=\"https://ww2.arb.ca.gov/sites/default/files/2021-11/SPBP_Congestion_Anchorage_Emissions_Final.pdf\">skyrocket\u003c/a>. After years of negotiations with the Ports of Los Angeles and Long Beach, the air district board decided that if the port fails to come up with an acceptable \u003ca href=\"https://www.aqmd.gov/docs/default-source/planning/fbmsm-docs/08112021-draft-marine-ports-mou-pola-polb-staff.pdf?sfvrsn=6\">clean-air plan\u003c/a> by this Friday, \u003ca href=\"https://www.aqmd.gov/home/air-quality/clean-air-plans/air-quality-mgt-plan/facility-based-mobile-source-measures/comm-ports-wkng-grp\">the board will draft mandatory rules\u003c/a>.\u003c/p>\n\u003cp>“It’s still a battle to get clean-air regulation,” said Chris Chavez, who grew up in West Long Beach and is now deputy policy director with the Coalition for Clean Air. “It’s just that we have a better shot at it now than we had a couple years ago.”\u003c/p>\n\u003ch2 id=\"h-community-groups-call-for-change\">Community groups call for change\u003c/h2>\n\u003cp>After more than four years, the law has reached an inflection point.\u003c/p>\n\u003cp>\u003ca href=\"https://ww2.arb.ca.gov/sites/default/files/2021-09/PBP%20Writers%20Group%20Draft%20for%20CARB%202021.09.08_acc.pdf\">The People’s Blueprint\u003c/a>, proposed by community groups and environmental advocates, seeks explicit new policies and training promoting equity and inclusion. It also calls for greater transparency and community control over budgets, and consequences for air districts that fail to show progress or act without community input.\u003c/p>\n\u003cp>State air board officials \u003ca href=\"https://ww2.arb.ca.gov/sites/default/files/2021-09/Blueprint%20Process%209.8.21%20FNL_v3.pdf\">are reviewing\u003c/a> the proposal, and plan to draft new guidelines expected to be considered next year. “There is nothing off the table,” the air board’s Reyes told CalMatters. “We really need to find ways to expand the benefits of the program … because it’s not sustainable, especially if the funding levels stay consistent in the way that they have.”\u003c/p>\n\u003cp>Millions of Californians live in thousands of census tracts the state \u003ca href=\"https://calepa.ca.gov/wp-content/uploads/sites/6/2017/04/SB-535-Designation-Final.pdf\">considers disadvantaged\u003c/a>, in part because they may bear disproportionate burdens of pollution. Focusing on only 15 communities “is not satisfying,” said Garcia, the original bill's author. “We’re leaving behind a bunch of potential communities, and they all deserve justice.”\u003c/p>\u003c/div>","attributes":{"named":{},"numeric":[]}},{"type":"component","content":"'It's still a battle to get clean air regulation. It's just that we have a better shot at it now than we had a couple years ago.'","name":"pullquote","attributes":{"named":{"align":"right","size":"medium","citation":"Chris Chavez, deputy policy director, Coalition for Clean Air","label":""},"numeric":[]}},{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>Legislative efforts \u003ca href=\"https://www.ccair.org/advancing-environmental-justice-through-law/\">to tackle environmental justice\u003c/a> more widely, however, have stalled.\u003c/p>\n\u003cp>Last year, Garcia introduced a bill barring refineries and other facilities that fail to promptly install the latest pollution-scrubbing technology from participating in cap and trade. Bills in the \u003ca href=\"https://leginfo.legislature.ca.gov/faces/billTextClient.xhtml?bill_id=202120220SB342\">Senate\u003c/a> and \u003ca href=\"https://leginfo.legislature.ca.gov/faces/billTextClient.xhtml?bill_id=202120220AB1296\">Assembly\u003c/a> proposed \u003ca href=\"https://leginfo.legislature.ca.gov/faces/billTextClient.xhtml?bill_id=202120220SB342\">adding environmental justice representatives\u003c/a> to the Los Angeles basin air district’s board. Two more bills tried to take aim at \u003ca href=\"https://leginfo.legislature.ca.gov/faces/billTextClient.xhtml?bill_id=202120220SB499\">industrial\u003c/a> and \u003ca href=\"https://leginfo.legislature.ca.gov/faces/billTextClient.xhtml?bill_id=202120220AB1547\">warehouse\u003c/a> expansion.\u003c/p>\n\u003cp>None succeeded, though some have \u003ca href=\"https://leginfo.legislature.ca.gov/faces/billNavClient.xhtml?bill_id=202120220SB342\">already\u003c/a> \u003ca href=\"https://leginfo.legislature.ca.gov/faces/billNavClient.xhtml?bill_id=202120220AB1001\">been\u003c/a> \u003ca href=\"https://leginfo.legislature.ca.gov/faces/billStatusClient.xhtml?bill_id=202120220AB1547\">revived\u003c/a> for another pass through the Legislature.\u003c/p>\n\u003cp>In the meantime, residents across the state are still waiting to find out whether California’s landmark environmental justice law will make a difference in their daily lives.\u003c/p>\n\u003cp>If not, “then community members and organizations have to take matters into their own hands,” Pana said, standing outside her old school in Stockton. “We’re going to keep fighting for it.”\u003c/p>\n\u003cp>\u003c/p>\u003c/div>","attributes":{"named":{},"numeric":[]}},{"type":"component","content":"","name":"ad","attributes":{"named":{"label":"floatright"},"numeric":["floatright"]}},{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003c/div>\u003c/p>","attributes":{"named":{},"numeric":[]}}],"link":"/news/11903447/the-jurys-out-is-californias-landmark-environmental-justice-law-helping-communities-with-the-dirtiest-air","authors":["byline_news_11903447"],"categories":["news_19906","news_8","news_356"],"tags":["news_2036","news_2928","news_18299"],"featImg":"news_11903576","label":"source_news_11903447","isLoading":false,"hasAllInfo":true}},"programsReducer":{"possible":{"id":"possible","title":"Possible","info":"Possible is hosted by entrepreneur Reid Hoffman and writer Aria Finger. Together in Possible, Hoffman and Finger lead enlightening discussions about building a brighter collective future. The show features interviews with visionary guests like Trevor Noah, Sam Altman and Janette Sadik-Khan. Possible paints an optimistic portrait of the world we can create through science, policy, business, art and our shared humanity. It asks: What if everything goes right for once? How can we get there? 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