Governor Newsom Signs Leaded Aviation Gasoline Ban Into Law

A bill that will prohibit the sale of leaded aviation gasoline to consumers in 2031 was signed into law on Sunday by Governor Gavin Newsom, despite heavy opposition against the bill.

Senate Bill 1193, authored by Sen. Caroline Menjivar (D-Panorama City), would specifically prohibit an airport operator or aviation retail establishment, as defined, from selling, distributing, or otherwise making available leaded aviation gasoline to consumers on or after January 1, 2031.

When first introduced earlier this year, SB 1193 originally promised to do much more on a shorter timeline. According to the original version of the bill from February, SB 1193 wanted to ban the sale of leaded aviation fuel in disadvantaged communities by January 1st, 2026, ban the sale of leaded aviation fuel in urban growth areas by January 1st, 2028, ban the sale of leaded fuel throughout the rest of California by January 1st, 2030, and instruct the Department of Transportation to publish guidance for airport operators to minimize the environmental and public health impacts of lead exposure.

Menjivar also wrote the bill because of how leaded aviation fuel endangers the health of people who live in communities adjacent to airports. Menjivar cited a 2021 study that found that children who lived less than a mile away from an airport had 21% higher lead levels in their blood compared to children who lived farther away.

“When I ran for office, one of my main promises to my community was to fight for cleaner air. To hold accountable the polluters who disregard the impacts of their actions in predominantly communities of color, and to push for policy that decreases the amount of pollution statewide,” said Menjivar in February. “Senate District 20, a Latino-majority district, has 3 airports within approximately 10 miles of each other. The people of San Fernando Valley, and in neighborhoods across California, have had enough. SB 1193 is a necessary step towards mitigating air pollution. We need a strong statewide approach now because where California leads, the nation follows.”

Major safety issues with SB 1193

While some environmental and community groups opposed Menjivar’s SB 1193, heavy opposition came within the airport and aviation industries. They noted that while the industry is headed towards an unleaded aviation gasoline (av gas) future, SB 1193 brings it about too early. Menjivar, seeing the heavy opposition, amended her bill multiple time to move the timeline down and gutted most of the bill, leaving only a 2031 date. However, even this date is too early.

“She’s thinking with her heart and not her brain,” said aviation manufacturing consultant Gerald Adler to the Globe on Monday. “Unleaded fuel was approved for piston-engine planes in 2022, but the problem is that a lot of engines are not rated for unleaded fuels. Could they run on it? Yes. But the problem comes with testing. Not all have been tested with it properly and still need leaded av gas. And there is no way that testing of all relevant engines can be done by 2031. More time is needed. Whoever came up with this bill just doesn’t realize the nuts and bolts behind this.

“Again, it is a good thing for the switch, and the industry is really working their way there. We just need to test all these engines first to make sure no problems happen. It’s for safety. The person who wrote this, Menjivar, is sacrificing safety here, and that is just not ok. She needs to use her head.”

SB 1193 was heavily opposed throughout the year, barely passing the Senate in May with a 29-8 with 3 abstention vote. Seeing that more Democrats were siding with GOP colleagues in opposing the bill, heavy changes were made to SB 1193 to appease them. This tactic worked, with SB 1193 narrowly passing the Assembly and the Senate again last month. On Sunday, Newsom then joined the majority of his Democratic colleagues and signed the bill into law.

While now signed, opponents have said that there is plenty that can be done to further delay the bill.

“Oh, lawsuits are coming. Big time,” added Adler. “For safety reasons, this bill can be delayed further into the 2030’s, for when the industry is ready. And who knows, we may develop a better fuel by then or come up with better engines to speed the process up. But the point is this bill is very short-sighted. You’re right in saying that the fuel in question is niche, but testing takes time, as we need to run them through all different conditions. We need at least 10 years. 2035 would have been a much more doable date. 2031? That’s mental. Menjivar doesn’t seem to care about aviation safety, which is scary. This bill was not thought through at all.”